### the national authorities which are responsible for border management , including coast guards to the extent that they carry out border control tasks , shall establish their national strategies for integrated border management . those national strategies shall be coherent with the strategy referred to in paragraph 2 . ### the national authorities which are responsible for border management , including coast guards to the extent that they carry out border control tasks , shall establish their national strategies for integrated border management . those national strategies shall be coherent with the strategies referred to in article 3a .


### european integrated border management ### european integrated external border management


### support the development of technical standards for equipment , especially for tactical level command , control and communication as well as technical surveillance to ensure interoperability at union and national level ; ### support the development of common technical standards for equipment , especially for tactical level command , control and communication as well as technical surveillance to ensure interoperability at union and national level ;


### assist member states and third countries in the context of operational cooperation between them in the fields of external border management and return . ### assist and provide support to member states and third countries in their cooperation in the fields of external border management and return .


### establish a monitoring and risk analysis centre with the capacity to monitor migratory flows and to carry out risk analysis as regards all aspects of integrated border management ; ### establish a risk analysis and vulnerability assessment centre with the capacity to monitor migratory flows and to carry out risk analysis as regards all aspects of integrated border management and the capacity to carry out vulnerability assessments including the assessment of the capacity of member states to face threats and pressures at the external borders .


### the agency shall prepare general and tailored risk analyses and submit it to the council and the commission . ### the risk analysis and vulnerability assessment centre shall prepare general and tailored risk analyses and submit it to the council and the commission . for this purpose , it shall develop a common integrated risk analysis model , which shall be applied by the agency and the member states .


### the risk analysis prepared by the agency shall cover all aspects relevant to the european integrated border management , in particular border control , return , irregular secondary movements of third - country nationals within the union , the prevention of cross - border crime including facilitation of irregular immigration , trafficking in human being and terrorism , as well as the situation in neighbouring third countries with a view to developing a pre - warning mechanism which analyses the migratory flows towards the union . ### the risk analysis prepared by the centre shall cover all aspects relevant to the european integrated border management , in particular border control , return , irregular secondary movements of third - country nationals within the union , the prevention of cross - border crime including facilitation of irregular immigration , trafficking in human being and terrorism , as well as the situation in neighbouring third countries with a view to developing a pre - warning mechanism which analyses the migratory flows towards the union , as well as the respect of fundamental rights .


### member states shall , at the request of the agency , provide information as regards technical equipment , staff and financial resources available at national level to carry out border control and they shall submit their contingency plans . ### member states shall , at the request of the centre , provide information as regards technical equipment , staff and financial resources available at national level to carry out border control and they shall submit their contingency plans .


### the aim of the vulnerability assessment is for the agency to assess the capacity and readiness of member states to face upcoming challenges , including present and future threats and pressures at the external borders , to identify , especially for those member states facing specific and disproportionate pressures , possible immediate consequences at the external borders and subsequent consequences on the functioning of the schengen area , and to assess their capacity to contribute to the rapid reserve pool referred to in article 19 . that assessment is without prejudice to the schengen evaluation mechanism . ### the aim of the vulnerability assessment is for the centre to assess the capacity and readiness of member states to face upcoming challenges , including present and future threats and pressures at the external borders , to identify , especially for those member states facing specific and disproportionate pressures , possible immediate consequences at the external borders and subsequent consequences on the functioning of the schengen area , and to assess their capacity to contribute to the rapid reserve pool referred to in article 19 . the assessment also aims at evaluating the capacity of member states to respect fundamental rights in such situations . that assessment is without prejudice to the schengen evaluation mechanism .


### the objectives of a joint operation or rapid border intervention may be achieved as part of a multipurpose operation which may involve the rescue of persons in distress at sea or other coast guard functions , the fight against migrant smuggling or trafficking in human beings , drug trafficking control operations , and migration management including identification , registration , debriefing and return . ### the objectives of a joint operation or rapid border intervention may be achieved as part of a multipurpose operation which may involve the rescue of persons in distress at sea or other coast guard functions , the fight against migrant smuggling or trafficking in human beings , drug trafficking control operations , and migration management including identification , registration , debriefing and return . any operation involving coast guard functions shall be conducted in a way that , in all instances , ensures the safety of the persons intercepted or rescued , the safety of the participating units and that of third parties .


### the member state concerned shall comply with the commission decision and for that purpose it shall immediately cooperate with the agency and take the necessary action to facilitate the implementation of that decision and the practical execution of the measures set out in that decision and in the operational plan agreed upon with the executive director . ### the member state concerned shall comply with the council decision and for that purpose it shall immediately cooperate with the agency and take the necessary action to facilitate the implementation of that decision and the practical execution of the measures set out in that decision and in the operational plan .


### such secondments may be for 12 months or more but in any case it shall not be less than three months . the seconded border guards shall be considered as members of the teams and they shall have the tasks and powers of the members of the teams . the member state having seconded the border guards shall be considered as the home member state . ### such secondments shall in any case be for not less than three months . the seconded border guards shall be considered as members of the teams and they shall have the tasks and powers of the members of the teams . the member state having seconded the border guards shall be considered as the home member state .


### the agency shall inform the european parliament on an annual basis of the number of border guards that each member state has committed to the european border and coast guard teams in accordance with this article . ### the agency shall inform the european parliament on an annual basis of the number of border guards that each member state has committed to the european border and coast guard teams and of the number of border guards actually made available , in accordance with this article .


### the executive director shall withdraw the financing of a joint operation or a rapid border intervention , or suspend or terminate , in whole or in part , a joint operation or rapid border intervention if he or she considers that there are violations of fundamental rights or international protection obligations that are of a serious nature or are likely to persist . ### the executive director , in close cooperation with the consultative forum and the fundamental rights office , shall withdraw the financing of a joint operation or a rapid border intervention , or suspend or terminate , in whole or in part , a joint operation or rapid border intervention if he or she considers that there are violations of fundamental rights or international protection obligations that are of a serious nature or are likely to persist . such decision shall be taken on the ground of objective and public criteria and shall be linked with the fundamental rights elements of the risks analysis and of the vulnerability assessments and with the results of the complaint mechanism .


### the agency shall finance or co - finance return operations with grants from its budget , in accordance with the financial rules applicable to the agency , giving priority to those conducted by more than one member state , or from hotspot areas . ### the agency shall finance or co - finance return operations with grants from its budget , in accordance with the financial rules applicable to the agency , giving priority to those conducted by as many member states as possible , or from hotspot areas .


### the executive director shall draw up an operational plan without delay , in agreement with the host member states and the member states willing to participate in a return intervention . ### the executive director shall draw up an operational plan without delay , in agreement with the host member states and the member states willing to participate in a return intervention . a copy of the operational plan shall be immediately sent to the management board .


### in the performance of its tasks , in its relations with member states and in its cooperation with third countries , the agency shall take into account the reports of the consultative forum and the fundamental rights officer . ### in the performance of all its tasks , including the further development and implementation of an effective mechanism to monitor the respect for fundamental rights , in its relations with member states and in its cooperation with third countries , the agency shall ensure appropriate follow - up to the reports of the consultative forum and the fundamental rights officer . the agency shall inform the consultative forum and fundamental rights officer whether and how it has altered its approach as a response to the reports and recommendations of these bodies and include details in its annual report .


### the agency shall , in cooperation with the appropriate training entities of the member states , develop specific training tools and provide border guards and other relevant staff who are members of the european border and coast guard teams with advanced training relevant to their tasks and powers . experts from the staff of the agency shall conduct regular exercises with those border guards in accordance with the advanced training and exercise schedule referred to in the annual work programme of the agency . ### the agency shall , in cooperation with the appropriate training entities of the member states , develop specific training tools , including child specific measures when children are involved , and provide border guards and other relevant staff who are members of the european border and coast guard teams with advanced training relevant to their tasks and powers . experts from the staff of the agency shall conduct regular exercises with those border guards in accordance with the advanced training and exercise schedule referred to in the annual work programme of the agency .


### cooperation with third countries ### cooperation with third countries and non - governmental organisations


### in matters covered by its activities and to the extent required for the fulfilment of its tasks , the agency shall facilitate and encourage operational cooperation between member states and third countries , within the framework of the external relations policy of the union , including with regard to the protection of fundamental rights . the agency and the member states shall comply with norms and standards at least equivalent to those set by union legislation also when cooperation with third countries takes place on the territory of those countries . the establishment of cooperation with third countries shall serve to promote european border management and return standards . ### in matters covered by its activities and to the extent required for the fulfilment of its tasks , the agency shall facilitate and encourage operational cooperation between member states and third countries , within the framework of the external relations policy of the union and especially of the european neighbourhood policy and development policy , including with regard to the protection of fundamental rights . the agency and the member states shall comply with norms and standards at least equivalent to those set by union legislation also when cooperation with third countries takes place on the territory of those countries . the establishment of cooperation with third countries shall serve to promote european border management and return standards .


### the management board may invite a representative of the european external action service . ### the management board may invite a representative of the european external action service or of any other body , agency or institution of the union .


### the european parliament or the council may invite the executive director to report on the carrying out of his or her tasks , in particular on the implementation and monitoring of the fundamental rights strategy , the consolidated annual activity report of the agency for the previous year , the work programme for the following year and the agency’s multiannual programming . ### the european parliament or the council may invite the executive director to report on the carrying out of his or her tasks , in particular on the implementation and monitoring of the overall european integrated border management strategy adopted by parliament and the council , the operational and technical strategy for european integrated border management drawn up by the agency , the fundamental rights strategy , the consolidated annual activity report of the agency for the previous year , the work programme for the following year and the agency’s multiannual programming .


### the consultative forum shall have access to all information concerning the respect for fundamental rights , including by carrying out on spot visits to joint operations or rapid border interventions subject to the agreement of the host member state . ### the consultative forum shall have an effective access to all information concerning the respect for fundamental rights , including by carrying out on spot visits to joint operations or rapid border interventions subject to the agreement of the host member state .


### a fundamental rights officer shall be designated by the management board and shall have the necessary qualifications and experience in the field of fundamental rights . ### a fundamental rights office shall be established within the agency , with the capacity to monitor the respect of fundamental rights by the agency .


### the fundamental rights officer shall be independent in the performance of his or her duties as a fundamental rights officer , he or she shall report directly to the management board and cooperate with the consultative forum . the fundamental rights officer shall report on a regular basis and as such contribute to the mechanism for monitoring fundamental rights . ### the fundamental rights office shall be independent in the performance of his or her duties as a fundamental rights office , he or she shall report directly to the management board and to the consultative forum . the fundamental rights office shall report on a regular basis and as such contribute to the mechanism for monitoring fundamental rights .


### the fundamental rights officer shall report to the executive director and to the management board as to the findings and follow - up given to complaints by the agency and the member states . ### the fundamental rights officer shall inform the executive director and the management board of the findings regarding the complaints deemed eligible . the executive director and the management board shall then report on the follow - up to complaints by the agency and the member states .


### the agency shall ensure that the standardized complaint form is available in most common languages and that it shall be made available on the agency’s website and in hardcopy during all activities of the agency . complaints shall be considered by the fundamental rights officer even when they are not submitted in the standardized complaint form . ### the agency shall ensure that the standardized complaint form and information sheet are available in most common languages and those that asylum seekers and migrants understand or may be reasonably supposed to understand and that it shall be made available on the agency’s website and in hardcopy during all activities of the agency . complaints shall be considered by the fundamental rights officer even when they are not submitted in the standardized complaint form . further guidance and assistance on the complaints procedure shall be provided to alleged victims upon request . information tailored to children shall be provided to facilitate their access to the complaints mechanism .


### in case of a registered complaint concerning a border guard of a host member state or a member of the teams , including seconded members of the teams or seconded national experts , the home member state shall ensure appropriate follow - up , including disciplinary measures as necessary or other measures in accordance with national law . the relevant member state shall report back to the fundamental rights officer as to the findings and follow - up to a complaint . ### in case of a registered complaint concerning a border guard of a host member state or a member of the teams , including seconded members of the teams or seconded national experts , the home member state shall ensure appropriate follow - up , including disciplinary measures as necessary or other measures in accordance with national law . the relevant member state shall report back to the fundamental rights office , within a limited period of time , as to the findings and follow - up to a complaint . if the member state concerned do not provide such a follow - up , the agency shall send an official letter informing the member state about the complaint and determining possible follow - up actions to the member state .


### foreign direct investment contributes to the union ' s growth , by enhancing its competitiveness , creating jobs and economies of scale , bringing in capital , technologies , innovation , expertise , and by opening new markets for the union ' s exports . it supports the objectives of the commission ' s investment plan for europe and contributes to other union projects and programmes . ### foreign direct investment contributes to the union ' s growth , by enhancing its competitiveness , generating growth , creating jobs and economies of scale , bringing in capital , technologies , innovation , expertise , and by opening new markets for the union ' s exports . it supports the objectives of the commission ' s investment plan for europe and contributes to other union projects and programmes .


### it is appropriate to lay down the essential elements of the procedural framework for the screening of foreign direct investment by member states to allow investors , the commission and other member states to understand how such investments are likely to be screened and to ensure that these investments are screened in a transparent manner and that they are non - discriminatory between third countries . those elements should at least include the establishment of timeframes for the screening and the possibility for foreign investors to seek judicial redress of screening decisions . ### it is appropriate to lay down the essential elements of the procedural framework for the screening of foreign direct investment by member states to allow investors , the commission and other member states to understand how such investments are likely to be screened and to ensure that these investments are screened in a transparent manner and that they are non - discriminatory between third countries . those elements should at least include the establishment of timeframes for the screening of and , minimum qualitative requirements for , data to be provided by member states to improve the reliability and comparability of data sets on foreign direct investment and the possibility for foreign investors to seek judicial redress of screening decisions .


### this regulation establishes a framework for the screening by the member states and the commission of foreign direct investments in the union on the grounds of security or public order . ### this regulation establishes a framework for the screening by the member states and the commission of foreign direct investments in the union on the grounds of security or public order . this is without prejudice to the sole responsibility of the member states for the maintenance of national security .


### –critical infrastructure , including energy , transport , communications , data storage , space or financial infrastructure , as well as sensitive facilities ; ### –critical infrastructure , including energy , critical materials and raw materials , transport , communications , data storage , aerospace or financial infrastructure , historical and cultural heritage , services of general interest , as well as sensitive facilities


### –critical technologies , including artificial intelligence , robotics , semiconductors , technologies with potential dual use applications , cybersecurity , space or nuclear technology ; ### –critical technologies , including artificial intelligence , nanotechnologies , robotics , semiconductors , technologies with potential dual use applications , cybersecurity , aerospace or nuclear technology , or any other strategically important state - of - the - art technology ;


### member states and the commission shall ensure the protection of confidential information acquired in application of this regulation . ### member states and the commission shall ensure the protection of confidential information acquired in application of this regulation , particularly in respect to the protection of trade secrets .


### directive 2003 / 98 / ec of the european parliament and of the council28 has been substantially amended . since further amendments are to be made , that directive should be recast in the interests of clarity . _________________ 28 directive 2003 / 98 / ec of the european parliament and of the council of 17 november 2003 on the re - use of public sector information . ### directive 2003 / 98 / ec of the european parliament and of the council28 has been substantially amended28a . since further amendments are to be made , that directive should be recast in the interests of clarity . _________________ 28 directive 2003 / 98 / ec of the european parliament and of the council of 17 november 2003 on the re - use of public sector information . 28a see annex i , part a .


### the substantive changes introduced to the legal text so as to fully exploit the potential of public sector information for the european economy and society focus on the following areas : the provision of real - time access to dynamic data via adequate technical means , increasing the supply of high - value public data for re - use , including from public undertakings , research performing organisations and research funding organisations , tackling the emergence of new forms of exclusive arrangements , the use of exceptions to the principle of charging the marginal cost and the relationship between this directive and certain related legal instruments , including directive 96 / 9 / ec31 and directive 2007 / 2 / ec of the european parliament and of the council32 . _________________ 31 directive 96 / 9 / ec of the european parliament and of the council of 11 march 1996 on the legal protection of databases . 32 directive 2007 / 2 / ec of the european parliament and of the council of 14 march 2007 establishing an infrastructure for spatial information in the european community . ### the substantive changes introduced to the legal text so as to fully exploit the potential of public sector information for the european economy and society focus on the following areas : the provision of real - time access to dynamic data via adequate technical means , increasing the supply of high - value public data for re - use , including from public undertakings , research performing organisations and research funding organisations , tackling the emergence of new forms of exclusive arrangements , the use of exceptions to the principle of charging the marginal cost and the relationship between this directive and certain related legal instruments , including directive 96 / 9 / ec31 , 2003 / 4 / ec31a and directive 2007 / 2 / ec of the european parliament and of the council32 . _________________ 31 directive 96 / 9 / ec of the european parliament and of the council of 11 march 1996 on the legal protection of databases . 31a directive 2003 / 4 / ec of the european parliament and of the council of 28 january 2003 on public access to environmental information and repealing council directive 90 / 313 / eec . 32 directive 2007 / 2 / ec of the european parliament and of the council of 14 march 2007 establishing an infrastructure for spatial information in the european community .


### allowing re - use of documents held by a public sector body adds value for the re - users , for the end users and for society in general and in many cases for the public body itself , by promoting transparency and accountability and providing feedback from re - users and end users which allows the public sector body concerned to improve the quality of the information collected . ### allowing the accessibility and re - use of documents held by a public sector body adds value for the re - users , for the end users and for society in general and in many cases for the public body itself , by promoting transparency and accountability and providing feedback from re - users and end users which allows the public sector body concerned to improve the quality of the information collected .


### there are considerable differences in the rules and practices in the member states relating to the exploitation of public sector information resources , which constitute barriers to bringing out the full economic potential of this key document resource . practice in public sector bodies in exploiting public sector information continues to vary among member states . that should be taken into account . minimum harmonisation of national rules and practices on the re - use of public sector documents should therefore be undertaken , in cases where the differences in national regulations and practices or the absence of clarity hinder the smooth functioning of the internal market and the proper development of the information society in the community . ### there are considerable differences in the rules and practices in the member states relating to the exploitation of public sector information resources , which constitute barriers to bringing out the full economic potential of this key document resource . practice in public sector bodies in exploiting public sector information continues to vary among member states . that should be taken into account . minimum harmonisation of national rules and practices on the accessibility and re - use of public sector documents should therefore be undertaken , in cases where the differences in national regulations and practices or the absence of clarity hinder the smooth functioning of the internal market and the proper development of the information society in the community .


### public sector bodies are increasingly making their documents available for re - use in a proactive manner , by ensuring online discoverability and actual availability of both metadata and the underlying content . documents should also be made available for re - use following a request lodged by a re - user . in those cases , the time limit for replying to requests for re - use should be reasonable and in accordance with the equivalent time for requests to access the document under the relevant access regimes . public undertakings , educational establishments , research performing organisations and research funding organisations should however be exempt from this requirement . reasonable time limits throughout the union will stimulate the creation of new aggregated information products and services at pan - european level . this is particularly important for dynamic data , the economic value of which depends on the immediate availability of the information and of regular updates . dynamic data should therefore be made available immediately after collection , via an application programming interface so as to facilitate the development of internet , mobile and cloud applications based on such data . whenever this is not possible due to technical or financial constraints , public sector bodies should make the documents available in a timeframe that allows their full economic potential to be exploited . should a licence be used , the timely availability of documents may be a part of the terms of the licence . ### public sector bodies are increasingly making their documents available for access and re - use in a proactive manner , by ensuring online discoverability and actual availability of both metadata and the underlying content . documents should also be made available for re - use following a request lodged by a re - user . in those cases , the time limit for replying to requests for re - use should be reasonable and in accordance with the equivalent time for requests to access the document under the relevant access regimes . public undertakings , educational establishments , research performing organisations and research funding organisations should however be exempt from this requirement . reasonable time limits throughout the union will stimulate the creation of new aggregated information products and services at pan - european level . this is particularly important for dynamic data , the economic value of which depends on the immediate availability of the information and of regular updates . dynamic data should therefore be made available immediately after collection in real - time and without delay , via an application programming interface so as to facilitate the development of internet , mobile and cloud applications based on such data . whenever this is not possible due to technical or financial constraints , public sector bodies should make the documents available in a timeframe that allows their full economic potential to be exploited . should a licence be used , the timely availability of documents may be a part of the terms of the licence .


### in order to get access to the data opened for re - use by this directive , the use of suitable and well - designed application programming interfaces is needed . an api describes the kind of data can be retrieved , how to do this and the format in which the data will be received . it has different levels of complexity and can mean a simple link to a database to retrieve specific datasets , a web interface , or more complex set - ups . there is general value in re - using and sharing data via a suitable use of apis as this will help developers and start - ups to create new services and products . it is also a crucial ingredient of creating valuable ecosystems around data assets that are often unused . the set - up and use of api needs to be based on several principles : stability , maintenance over lifecycle , uniformity of use and standards , user - friendliness as well as security . for dynamic data , meaning frequently updated data , often in real time , public sector bodies and public undertakings shall make this available for re - use immediately after collection by ways of suitable apis . ### in order to get access to the data opened for re - use by this directive , the use of suitable and well - designed application programming interfaces is needed . an api describes the kind of data can be retrieved , how to do this and the format in which the data will be received . it has different levels of complexity and can mean a simple link to a database to retrieve specific datasets , a web interface , or more complex set - ups . there is general value in re - using and sharing data via a suitable use of apis as this will help developers and start - ups to create new services and products . it is also a crucial ingredient of creating valuable ecosystems around data assets that are often unused . the set - up and use of api needs to be based on several principles : stability , maintenance over lifecycle , uniformity of use and standards , user - friendliness as well as security . for dynamic data , meaning frequently updated data , often in real - time , public sector bodies and public undertakings shall make this available for re - use immediately after collection by ways of suitable apis .


### charges for the re - use of documents constitute an important market entry barrier for start - ups and smes . documents should therefore be made available for re - use without charges and , where charges are necessary , they should in principle be limited to the marginal costs . in exceptional cases , the necessity of not hindering the normal running of public sector bodies that are required to generate revenue to cover a substantial part of their costs relating to the performance of their public tasks should be taken into consideration . the role of public undertakings in a competitive economic environment should also be acknowledged . in such cases , public sector bodies and public undertakings should therefore be able to charge above marginal costs . those charges should be set according to objective , transparent and verifiable criteria and the total income from supplying and allowing re - use of documents should not exceed the cost of collection , production , reproduction and dissemination , together with a reasonable return on investment . where applicable , the costs of anonymisation of personal data or of commercially sensitive information should also be included in the eligible cost . the requirement to generate revenue to cover a substantial part of the public sector bodies’ costs relating to the performance of their public tasks or the scope of the services of general interest entrusted with public undertakings does not have to be a legal requirement and may stem , for example , from administrative practices in member states . such a requirement should be regularly reviewed by the member states . ### charges for the access and re - use of documents constitute an important market entry barrier for start - ups and smes . documents should therefore be made accessible and available for re - use without charges and , where charges are necessary , they should in principle be limited to the marginal costs . in exceptional cases , the necessity of not hindering the normal running of public sector bodies that are required to generate revenue to cover a substantial part of their costs relating to the performance of their public tasks should be taken into consideration . the role of public undertakings in a competitive economic environment should also be acknowledged . in such cases , public sector bodies and public undertakings should therefore be able to charge above marginal costs . those charges should be set according to objective , transparent and verifiable criteria and the total income from supplying and allowing re - use of documents should not exceed the cost of collection , production , reproduction and dissemination , together with a reasonable return on investment . where applicable , the costs of anonymisation of personal data or of commercially sensitive information should also be included in the eligible cost . the requirement to generate revenue to cover a substantial part of the public sector bodies’ costs relating to the performance of their public tasks or the scope of the services of general interest entrusted with public undertakings does not have to be a legal requirement and may stem , for example , from administrative practices in member states . such a requirement should be regularly reviewed by the member states .


### ensuring that the conditions for re - use of public sector documents are clear and publicly available is a pre - condition for the development of a union - wide information market . therefore all applicable conditions for the re - use of the documents should be made clear to the potential re - users . member states should encourage the creation of indices accessible on line , where appropriate , of available documents so as to promote and facilitate requests for re - use . applicants for re - use of documents held by entities other than public undertakings , educational establishments , research performing organisations and research funding organisations should be informed of available means of redress relating to decisions or practices affecting them . this will be particularly important for smes which may not be familiar with interactions with public sector bodies from other member states and corresponding means of redress . ### ensuring that the conditions for access and re - use of public sector documents are clear and publicly available is a pre - condition for the development of a union - wide information market . therefore all applicable conditions for the access and re - use of the documents should be made clear to the potential re - users . member states should encourage the creation of indices accessible on line , where appropriate , of available documents so as to promote and facilitate requests for re - use . applicants for access and re - use of documents held by entities other than public undertakings , educational establishments , research performing organisations and research funding organisations should be informed of available means of redress relating to decisions or practices affecting them . this will be particularly important for smes which may not be familiar with interactions with public sector bodies from other member states and corresponding means of redress .


### the means of redress should include the possibility of review by an impartial review body . that body could be an already existing national authority , such as the national competition authority , the national access to documents authority or a national judicial authority . that body should be organised in accordance with the constitutional and legal systems of member states and should not prejudge any means of redress otherwise available to applicants for re - use . it should however be distinct from the member state mechanism laying down the criteria for charging above marginal costs . the means of redress should include the possibility of review of negative decisions but also of decisions which , although permitting re - use , could still affect applicants on other grounds , notably by the charging rules applied . the review process should be swift , in accordance with the needs of a rapidly changing market . ### the means of redress should include the possibility of review by an impartial review body . that body could be an already existing national authority , such as the national competition authority , the national access to documents authority or a national judicial authority . that body should be organised in accordance with the constitutional and legal systems of member states and should not prejudge any means of redress otherwise available to applicants for access and re - use . it should however be distinct from the member state mechanism laying down the criteria for charging above marginal costs . the means of redress should include the possibility of review of negative decisions but also of decisions which , although permitting re - use , could still affect applicants on other grounds , notably by the charging rules applied . the review process should be swift , in accordance with the needs of a rapidly changing market .


### tools that help potential re - users to find documents available for re - use and the conditions for re - use can facilitate considerably the cross - border use of public sector documents . member states should therefore ensure that practical arrangements are in place that help re - users in their search for documents available for re - use . assets lists , accessible preferably online , of main documents , and portal sites that are linked to decentralised assets lists are examples of such practical arrangements . ### tools that help potential re - users to find documents available for access and re - use and the conditions for re - use can facilitate considerably the cross - border use of public sector documents . member states should therefore ensure that practical arrangements are in place that help re - users in their search for documents available for re - use . assets lists , accessible preferably online , of main documents , and portal sites that are linked to decentralised assets lists are examples of such practical arrangements .


### this directive governs the re - use of existing documents held by public sector bodies of the member states , including documents to which directive 2007 / 2 / ec of the european parliament and of the council46 applies . _________________ 46 directive 2007 / 2 / ec of the european parliament and of the council of 14 march 2007 establishing an infrastructure for spatial information in the european community . ### this directive governs the re - use of existing documents held by public sector bodies of the member states , including documents to which directive 2007 / 2 / ec of the european parliament and of the council46 and directive 2003 / 4 / ec of the european parliament and of the council46a apply . _________________ 46 directive 2007 / 2 / ec of the european parliament and of the council of 14 march 2007 establishing an infrastructure for spatial information in the european community . 46a directive 2003 / 4 / ec of the european parliament and of the council of 28 january 2003 on public access to environmental information and repealing council directive 90 / 313 / eec .


### subject to paragraph 2 member states shall ensure that documents to which this directive applies in accordance with article 1 shall be re - usable for commercial or non - commercial purposes in accordance with the conditions set out in chapters iii and iv . ### subject to paragraph 2 member states shall ensure that documents to which this directive applies in accordance with article 1 shall be accessible and / or re - usable for commercial or non - commercial purposes in accordance with the conditions set out in chapters iii and iv .


### public sector bodies shall , through electronic means where possible and appropriate , process requests for re - use and shall make the document available for re - use to the applicant or , if a licence is needed , finalise the licence offer to the applicant within a reasonable time that is consistent with the time - frames laid down for the processing of requests for access to documents . ### public sector bodies shall , through electronic means where possible and appropriate , process requests for access to documents and / or for their re - use and shall make the document available to the applicant or , if a licence is needed for re - use , finalise the licence offer to the applicant within a reasonable time that is consistent with the time - frames laid down for the processing of requests for access to documents .


### where no time limits or other rules regulating the timely provision of documents have been established , public sector bodies shall process the request and shall deliver the documents for re - use to the applicant or , if a licence is needed , finalise the licence offer to the applicant within a timeframe of not more than 20 working days after its receipt . this timeframe may be extended by another 20 working days for extensive or complex requests . in such cases the applicant shall be notified within three weeks after the initial request that more time is needed to process it . ### where no time limits or other rules regulating the timely provision of documents have been established , public sector bodies shall process the request and shall deliver the documents to the applicant or , if a licence is needed for re - use , finalise the licence offer to the applicant as soon as possible or , at the latest , within a timeframe of not more than 20 working days after its receipt . this timeframe may be extended by another 20 working days for extensive or complex requests . in such cases the applicant shall be notified as soon as possible , and in any case within three weeks after the initial request that more time is needed to process it and of the reasons for it .


### in the event of a negative decision , the public sector bodies shall communicate the grounds for refusal to the applicant on the basis of the relevant provisions of the access regime in that member state or of the national provisions adopted pursuant to this directive , in particular points to of article 1 or article 3 . where a negative decision is based on point of article 1 , the public sector body shall include a reference to the natural or legal person who is the rightholder , where known , or alternatively to the licensor from which the public sector body has obtained the relevant material . libraries , including university libraries , museums and archives shall not be required to include such a reference . ### in the event of a negative decision , the public sector bodies shall communicate the reasons for refusing , in full or in part , access to and / or re - use of a document , to the applicant on the basis of the relevant provisions of the access regime in that member state or of the national provisions adopted pursuant to this directive , in particular points to of article 1 . where a negative decision is based on point of article 1 , the public sector body shall include a reference to the natural or legal person who is the rightholder , where known , or alternatively to the licensor from which the public sector body has obtained the relevant material . libraries , including university libraries , museums and archives shall not be required to include such a reference .


### public sector bodies and public undertakings shall make dynamic data available for re - use immediately after collection , via suitable application programming interfaces . ### public sector bodies and public undertakings shall make dynamic data available for re - use immediately after collection , in real - time and without delay wherever possible , via suitable application programming interfaces .


### where making available documents immediately after collection would exceed the financial and technical capacities of the public sector body or the public undertaking , documents referred to in paragraph 4 shall be made available in a timeframe that does not unduly impair the exploitation of their economic potential . ### where making available documents immediately after collection in real - time and without delay would exceed the financial and technical capacities of the public sector body or the public undertaking , documents referred to in paragraph 4 shall be made available in a timeframe that does not unduly impair the exploitation of their economic potential . the exact delay timeframe and update frequency shall be notified to users of such documents .


### re - use of documents shall be free of charge or limited to the marginal costs incurred for their reproduction , provision and dissemination , and &#8211 ; where applicable &#8211 ; anonymisation of personal data and measures taken to protect commercially confidential information . ### access to and the re - use of documents shall be free of charge or limited to the marginal costs incurred for their reproduction , provision and dissemination , and &#8211 ; where applicable &#8211 ; anonymisation of personal data and measures taken to protect commercially confidential information .


### 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 day following that of its publication in the official journal of the european union .


### the executing state shall manage the frozen or confiscated property with a view to preventing its depreciation in value , and in accordance with article 10 of directive 2014 / 42 / eu . ### the executing state shall manage the frozen or confiscated property with a view to preventing its depreciation in value , and in accordance with article 10 of directive 2014 / 42 / eu . a proper assessment of all confiscated goods shall be carried out by the executing member states , taking into account their liquid or not liquid nature .


### strengthening and simplifying and making more uniform the data security and data protection conditions that govern the respective eu information systems ; ### strengthening and simplifying the data security and data protection conditions that govern the respective eu information systems , without prejudice to the special protection and safeguards afforded to certain categories of data ;


### processing of personal data for the purposes of this regulation shall not result in discrimination against persons on any grounds such as sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation . it shall fully respect human dignity and integrity . particular attention shall be paid to children , the elderly and persons with a disability . ### the protection of natural persons in relation to the processing of personal data is a fundamental right . article 8 of the charter of fundamental rights of the european union and article 16 of the treaty on the functioning of the european union provide that everyone has the right to the protection of personal data concerning him or her . processing of personal data for the purposes of this regulation by any user shall not result in discrimination against persons on any grounds such as sex , colour , social , racial or ethnic origin , religion or belief , political or any other opinion , membership of a national minority , property , birth , genetic features , language , disability , age or sexual orientation . it shall fully respect human dignity and integrity and fundamental rights , including the right to respect for one’s private life and to the protection of personal data . particular attention shall be paid to children , the elderly and persons with a disability . the best interests of the child shall be a primary consideration .


### processing of personal data for the purposes of this regulation shall not result in discrimination against persons on any grounds such as sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation . it shall fully respect human dignity and integrity . particular attention shall be paid to children , the elderly and persons with a disability . ### this regulation respects the fundamental rights and observes the principles recognized in particular by the charter of fundamental rights of the european union and shall be applied in accordance with those rights and principles . processing of personal data for the purposes of this regulation shall not result , either directly or indirectly , in undue interferences with the right to respect for private and family life , and the right to protection of personal data . processing of personal data for the purposes of this regulation shall not result in discrimination against persons on any grounds such as sex , racial , ethnic or social origin , colour , religion or belief , disability , age or sexual orientation . it shall fully respect human dignity and integrity . particular attention shall be paid to children , the elderly , persons with a disability and persons in need of international protection .


### the users of the esp shall launch a query by introducing data in the esp in accordance with their user profile and access rights . where a query has been launched , the esp shall query simultaneously , with the data introduced by the user of the esp , the ees , [ the etias ] , the vis , the sis , eurodac , [ the ecris - tcn system ] and the cir as well as the europol data and the interpol databases . ### the users of the esp shall launch a query by introducing data in the esp in accordance with their user profile and access rights . where a query has been launched , the esp shall query simultaneously , with the data introduced by the user of the esp , the ees , [ the etias ] , the vis , the sis , eurodac , [ the ecris - tcn system ] and the cir as well as the europol data and the interpol databases . a search launched by the user of the esp shall only query the systems he or she is authorised to access .


### the logs may be used only for data protection monitoring , including checking the admissibility of a query and the lawfulness of data processing , and for ensuring data security pursuant to article 42 . those logs shall be protected by appropriate measures against unauthorised access and erased one year after their creation , unless they are required for monitoring procedures that have already begun . ### the logs may be used only for data protection monitoring , including checking the admissibility of a query and the lawfulness of data processing , for self - monitoring , and for ensuring the proper functioning and the data integrity and security pursuant to article 42 . those logs shall be protected by appropriate measures against unauthorised access and erased two years after their creation , unless they are required for monitoring procedures that have already begun .


### the logs referred to in paragraphs 1 and 5 may be used only for data protection monitoring , including checking the admissibility of a request and the lawfulness of data processing , and for ensuring data security pursuant to article 42 . they shall be protected by appropriate measures against unauthorised access and erased one year after their creation , unless they are required for monitoring procedures that have already begun . ### the logs referred to in paragraphs 1 , 5 and 5a may be used only for data protection monitoring , including checking the admissibility of a request and the lawfulness of data processing , for self - monitoring , and for ensuring the proper functioning and the data integrity and security pursuant to article 42 . they shall be protected by appropriate measures against unauthorised access and erased two years after their creation , unless they are required for monitoring procedures that have already begun .


### where it is technically impossible to use the esp to query one or several eu information systems referred to in article 9 or the cir , because of a failure of the esp , the users of the esp shall be notified by eu - lisa . ### where it is technically impossible to use the esp to query one or several eu information systems referred to in article 9 or the cir , because of a failure of the esp , the users of the esp shall immediately be notified by eu - lisa .


### the logs may be used only for data protection monitoring , including checking the admissibility of a request and the lawfulness of data processing , and for ensuring data security pursuant to article 42 . the logs shall be protected by appropriate measures against unauthorised access and erased one year after their creation , unless they are required for monitoring procedures that have already begun . the logs related to the history of the identity confirmation file shall be erased once the data in the identity confirmation file is erased . ### the logs may be used only for data protection monitoring , including checking the admissibility of a request and the lawfulness of data processing , for self - monitoring , and for ensuring the proper functioning and the data integrity and security pursuant to article 42 . the logs shall be protected by appropriate measures against unauthorised access and erased two years after their creation , unless they are required for monitoring procedures that have already begun . the logs related to the history of the identity confirmation file shall be erased once the data in the identity confirmation file is erased .


### a common identity repository , creating an individual file for each person that is recorded in the ees , the vis , [ the etias ] , eurodac or [ the ecris - tcn system ] containing the data referred to in article 18 , is established for the purpose of facilitating and assisting the correct identification of persons registered in the ees , the vis , [ the etias ] , the eurodac and [ the ecris - tcn system ] , of supporting the functioning of the multiple - identity detector and of facilitating and streamlining access by law enforcement authorities to non - law enforcement information systems at eu level , where necessary for the prevention , investigation , detection or prosecution of serious crime . ### a common identity repository , creating an individual file for each person that is recorded in the ees , the vis , [ the etias ] , eurodac or [ the ecris - tcn system ] containing the data referred to in article 18 , is established for the purpose of facilitating and assisting the correct identification of persons registered in the ees , the vis , [ the etias ] , the eurodac and [ the ecris - tcn system ] , of supporting the functioning of the multiple - identity detector and of facilitating and streamlining access by law enforcement authorities to non - law enforcement information systems at eu level , where necessary for the prevention , investigation , detection or prosecution of serious crime , while fully respecting the principles of necessity and proportionality .


### for each set of data referred to in paragraph 1 , the cir shall include a reference to the information systems to which the data belongs . ### for each set of data referred to in paragraph 1 , the cir shall include a reference to the information systems to which the data belongs . the officer accessing the cir shall see only the components of the identity file stored in the repository , which originate from those information systems he or she is authorised to access .


### a multiple - identity detector creating and storing links between data in the eu information systems included in the common identity repository and the sis and as a consequence detecting multiple identities , with the dual purpose of facilitating identity checks and combating identity fraud , is established for the purpose of supporting the functioning of the cir and the objectives of the ees , the vis , the etias ] , eurodac , the sis and [ the ecris - tcn system ] . ### a multiple - identity detector creating and storing links between data in the eu information systems included in the common identity repository and the sis and as a consequence detecting multiple identities , with the dual purpose of facilitating identity checks and combating identity fraud , is established for the purpose of supporting the functioning of the cir and the objectives of the ees , the vis , the etias ] , eurodac , the sis and [ the ecris - tcn system ] , while fully respecting the principles of necessity and proportionality .


### without prejudice to the right of information referred to in articles 11 and 12 of regulation 45 / 2001 and articles 13 and 14 of regulation 2016 / 679 , persons whose data are stored in the shared biometric matching service , the common identity repository or the multiple - identity detector shall be informed by the authority collecting their data , at the time their data are collected , about the processing of personal data for the purposes of this regulation , including about identity and contact details of the respective data controllers , and about the procedures for exercising their rights of access , rectification and erasure , as well as about the contact details of the european data protection supervisor and of the national supervisory authority of the member state responsible for the collection of the data . ### without prejudice to the right of information referred to in articles 11 and 12 of regulation 45 / 2001 and articles 13 and 14 of regulation 2016 / 679 , persons whose data are stored in the shared biometric matching service , the common identity repository or the multiple - identity detector shall be informed by the authority collecting their data , at the time their data are collected , about the processing of personal data for the purposes of this regulation , including about identity and contact details of the respective data controllers , and about the procedures for exercising their rights of access , rectification and erasure , as well as about the contact details of the european data protection supervisor and of the national supervisory authority of the member state responsible for the collection of the data . persons whose data is stored should also be informed of retention periods , automated decision - making and the fact that personal data is not transferred or made available to third countries , international organisations of private parties , with the exception of transfers to interpol .


### the member state responsible for the manual verification of different identities as referred to in article 29 or the member state to which the request has been made shall reply to such requests within 45 days of receipt of the request . ### the member state responsible for the manual verification of different identities as referred to in article 29 or the member state to which the request has been made shall reply to such requests without undue delay and no longer than 45 days within the receipt of the request .


### if a request for correction or erasure of personal data is made to a member state other than the member state responsible , the member state to which the request has been made shall contact the authorities of the member state responsible within seven days and the member state responsible shall check the accuracy of the data and the lawfulness of the data processing within 30 days of such contact . ### if a request for correction , erasure or restriction of personal data is made to a member state other than the member state responsible , the member state to which the request has been made shall contact the authorities of the member state responsible in writing within seven days and the member state responsible shall check the accuracy of the data and the lawfulness of the data processing within 30 days of such contact .


### eu - lisa shall ensure that procedures are in place to monitor the development of the interoperability components in light of objectives relating to planning and costs and to monitor the functioning of the interoperability components in light of objectives relating to the technical output , cost - effectiveness , security and quality of service . ### eu - lisa shall ensure that procedures are in place to monitor the development of the interoperability components and the integration of the existing national infrastructures and the connection to the national uniform interface in light of objectives relating to planning and costs and to monitor the functioning of the interoperability components in light of objectives relating to the technical output , cost - effectiveness , security and quality of service .


### four years after the start of operations of each interoperability component and every four years thereafter , eu - lisa shall submit to the european parliament , the council and the commission a report on the technical functioning of the interoperability components , including the security thereof . ### two years after the start of operations of each interoperability component and every four years thereafter , eu - lisa shall submit to the european parliament , the council and the commission a report on the connection of member states to the communication infrastructure of the esp and the cir and the integration of the existing national systems and infrastructures with the esp , shared bms , mid and the cir , as well as on the technical functioning of the interoperability components , including the security thereof .


### by 30 november each year , each member state shall send to the commission , through the accustomed data - processing support , an updated list of the vessels using bottom - set gillnets authorized to fish turbot in the black sea . ### by 30 december each year , each member state shall send to the commission , through the accustomed data - processing support , an updated list of the vessels using bottom - set gillnets authorized to fish turbot in the black sea , if any changes have been made to that list .


### whether the composition of the food and the conditions of its use , do not pose a safety risk to human health in the union . ### whether the composition of the food and the conditions of its use , do not pose a safety risk to human health in the union and where applicable the environment .


### this directive sets long - term objectives for the union’s waste management and gives the economic operators and the member states a clear direction for the necessary investments to attain the objectives of this directive . in developing their national waste management strategies and planning investments in waste management infrastructure , member states should make a sound use of the european structural and investment funds in line with the waste hierarchy by promoting prevention , re - use and recycling . ### this directive sets long - term objectives for the union’s waste management and gives the economic operators and the member states a clear direction for the necessary investments to attain the objectives of this directive . in developing their national waste management strategies and planning investments in waste management infrastructure and the circular economy by large , member states should make a sound use of the european structural and investment funds in line with the waste hierarchy and devise these strategies and investment plans so that they are geared primarily to promoting waste prevention and re - use , followed by recycling , in line with the waste hierarchy .


### in order to ensure the reliability of the data gathered on preparation for re - use it is essential to establish common rules for reporting . similarly , it is important to lay down more precisely the rules according to which member states should report what is effectively recycled and can be counted towards the attainment of the recycling targets . to that effect , as a general rule , the reporting on the attainment of the recycling targets must be based on the input to the final recycling process . in order to limit administrative burdens , member states should be allowed , under strict conditions , to report recycling rates on the basis of the output of sorting facilities . losses in weight of materials or substances due to physical and / or chemical transformation processes inherent to the final recycling process should not be deducted from the weight of the waste reported as recycled . ### in order to ensure the reliability of the data gathered on preparation for re - use it is essential to establish common rules for reporting . similarly , it is important to lay down more precisely the rules according to which member states should report what is effectively recycled and can be counted towards the attainment of the recycling targets . calculation of the attainment of the targets should be based on one solid and harmonised method that prevents reporting of discarded waste as recycled waste . to that end , the reporting on the attainment of the recycling targets must be based on the input to the final recycling process . in order to add to the reliability of the data gathered and to better understand the different waste streams , member states should also gather data on the output of sorting facilities and ensure that waste streams are tracked . losses in weight of materials or substances due to physical and / or chemical transformation processes inherent to the final recycling process should not be deducted from the weight of the waste reported as recycled .


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


### reliable reporting of statistical data concerning waste management is paramount to efficient implementation and to ensuring comparability of data among member states . therefore , when preparing the reports on compliance with the targets set out in directive 94 / 62 / ec , member states should be required to use the most recent methodology developed by the commission and the national statistical offices of the member states . ### reliable reporting of statistical data concerning waste management is paramount to efficient implementation and to ensuring comparability of data among member states . therefore , when reporting on the achievements of the targets set out in directive 94 / 62 / ec , member states shall use the common methodology developed by the commission in cooperation with the national statistical offices of the member states and the national authorities responsible for waste management .


### member states shall , where appropriate , encourage the use of materials obtained from recycled packaging waste for the manufacturing of packaging and other products by : improving market conditions for such materials ; reviewing existing regulations preventing the use of those materials . ### paragraph 4 is replaced by the following : ' 4 . member states shall , where appropriate and environmentally beneficial from a lifecycle perspective and in line with the waste hierarchy , encourage the use of sustainable bio - based materials from renewable sources and materials obtained from recycled packaging waste for the manufacturing of packaging and other products by : improving market conditions for such materials ; review existing legislation hampering the use of those materials ; making use of adequate economic instruments in order to incentivise the uptake of secondary raw material . '


### member states shall establish an effective system of quality control and traceability of the packaging waste to ensure that conditions laid down in paragraph 3 and are met . the system may consist of either electronic registries set up pursuant to article 35 of directive 2008 / 98 / ec , technical specifications for the quality requirements of sorted waste or any equivalent measure to ensure the reliability and accuracy of the data gathered on recycled waste . ### member states shall name or establish an effective system of quality control and traceability of the packaging waste to ensure that the obligations laid down in this directive are met . the sharing of best practices shall be encouraged in developing measures and systems to trace packaging waste streams from sorting to final recycling process , which is of key importance in controlling quality of waste and measure the losses in waste streams and recycling processes . the system may consist of either electronic registries set up pursuant to article 35 of directive 2008 / 98 / ec , technical specifications for the quality requirements of sorted waste or any equivalent measure to ensure the reliability and accuracy of the data gathered on recycled waste .


### the fundamental budgetary principles should be maintained . derogations from those fundamental principles for specific areas such as research , external actions and structural funds should be reviewed and simplified as far as possible , taking into account their continuing relevance , their added - value for the budget , and the burden they impose on stakeholders . ### the fundamental budgetary principles should be maintained . derogations from those fundamental principles for specific areas such as research , external actions and structural funds should be reviewed and simplified as far as possible , taking into account their continuing relevance , their added - value for the budget , and the burden they impose on stakeholders . in particular , the structural funds should be able to be used in joint financing mechanisms to enable a project of high european added value in the field of transport infrastructure to be carried out in all categories of region including the most developed regions and transition regions .


### in order to increase the efficiency of the intervention , a blending facility or blending facilities may be established under the connecting europe facility . such blending facilities should finance blending operations which are actions combining non - reimbursable forms of support and / or financial instruments from the union budget , including combination of cef equity and cef debt financial instruments , and financing from eib group development or other finance institutions as well as investors . ### in order to increase the efficiency of the intervention , a blending facility or blending facilities may be established under the connecting europe facility . such blending facilities should finance blending operations which are actions combining non - reimbursable forms of support and / or financial instruments from the union budget , including combination of cef equity and cef debt financial instruments , european structural and investment funds and financing from eib group development or other finance institutions as well as investors .


### in order to encourage and boost cooperation measures , within programmes implemented under the investment for jobs and growth goal , it is necessary to enhance cooperation measures with partners within a given member state or between different member states in relation to support provided under all of the specific objectives . such enhanced cooperation is additional to the cooperation under etc / interreg and should in particular support cooperation among structured partnerships with a view to implementing regional strategies as referred to in the communication from the commission ‘ strengthening innovation in europe ' s regions : strategies for resilient , inclusive and sustainable growth’17 . partners may therefore come from any region in the union , but may also include cross - border regions and regions which are all covered by a macro - regional or sea - basin strategy or a combination of the two . _________________ 17 communication from the commission to the european parliament , the council , the european economic and social committee and the committee of regions of 8 july 2017 - com 376 final . ### in order to encourage and boost cooperation measures , within programmes implemented under the investment for jobs and growth goal , it is necessary to enhance cooperation measures with partners within a given member state or between different member states in relation to support provided under all of the specific objectives . such enhanced cooperation is additional to the cooperation under etc / interreg and should in particular support cooperation among structured partnerships with a view to implementing regional strategies as referred to in the communication from the commission ‘ strengthening innovation in europe ' s regions : strategies for resilient , inclusive and sustainable growth’17 . partners may therefore come from any region in the union , but may also include cross - border regions and regions which are all covered by european groupings of territorial cooperation , a macro - regional or sea - basin strategy or a combination of the two . _________________ 17 communication from the commission to the european parliament , the council , the european economic and social committee and the committee of regions of 8 july 2017 - com 376 final .


### the erdf should help to redress the main regional imbalances in the union and to reduce disparities between the levels of development of the various regions and the backwardness of the least favoured regions including those facing challenges due to the decarbonisation commitments . erdf support under the investment for jobs and growth goal should therefore be concentrated on key union priorities in line with policy objectives laid down in regulation 2018 / xxx [ new cpr ] . therefore support from the erdf should be concentrated on the policy objectives of ' a smarter europe by promoting innovative and smart economic transformation ' and ' a greener , low - carbon europe by promoting clean and fair energy transition , green and blue investment , the circular economy , climate adaptation and risk prevention and management ' . that thematic concentration should be attained at national level while allowing for flexibility at the level of individual programmes and between the three groups of member states formed according to respective gross national income . in addition , the methodology to classify member states should be set out in detail taking into account the specific situation of the outermost regions . ### the erdf should help to redress the regional imbalances in the union and to reduce disparities between the levels of development of the various regions and the backwardness of the least favoured regions including those facing challenges due to the decarbonisation commitments . erdf support under the investment for jobs and growth goal should therefore be concentrated on key union priorities in line with policy objectives laid down in regulation 2018 / xxx [ new cpr ] . therefore support from the erdf should be concentrated on the policy objectives of ' a smarter europe by promoting innovative and smart economic transformation ' and ' a greener , low - carbon europe by promoting the transition to clean and fair energy , green and blue investment , the circular economy , climate adaptation and risk prevention and management ' . that thematic concentration should be attained at national level while allowing for flexibility at the level of individual programmes and between the three groups of member states formed according to respective gross national income . in addition , the methodology to classify member states should be set out in detail taking into account the specific situation of the outermost regions .


### this regulation should set out the different types of activities the costs of which may be supported by means of investments from the erdf and the cohesion fund , under their respective objectives as set out in the tfeu . the cohesion fund should be able to support investments in the environment and in ten - t . with regard to the erdf , the list of activities should be simplified and it should be able to support investments in infrastructure , investments in relation to access to services , productive investments in sme ' s , equipment , software and intangible assets , as well as measures with regard to information , communication , studies , networking , cooperation , exchange of experiences and activities involving clusters . in order to support the programme implementation , both funds should also be able to support technical assistance activities . finally , in order to support provide for a broader range of interventions for interreg programmes , the scope should be enlarged to also include the sharing a broad range of facilities and human resources and costs linked to measures within the scope of the esf + . ### this regulation should set out the different types of activities the costs of which may be supported by means of investments from the erdf and the cohesion fund , under their respective objectives as set out in the tfeu . the cohesion fund should be able to support investments in the environment and in ten - t . with regard to the erdf , the list of activities should take into account specific national and regional development needs and support investments in infrastructure , investments in relation to access to services , productive investments in sme ' s , equipment , software and intangible assets , as well as measures with regard to information , communication , studies , networking , cooperation , exchange of experiences and activities involving clusters . in order to support the programme implementation , both funds should also be able to support technical assistance activities . finally , in order to support provide for a broader range of interventions for interreg programmes , the scope should be enlarged to also include the sharing a broad range of facilities and human resources and costs linked to measures within the scope of the esf + .


### in order to maximise the contribution to territorial development , actions in this field should be based on integrated territorial strategies including in urban areas . therefore , the erdf support should be delivered through the forms set out in article 22 of regulation 2018 / xxxx [ new cpr ] ensuring appropriate involvement of local , regional and urban authorities . ### in order to maximise the contribution to territorial and local development , actions in this field should be based on integrated territorial strategies including in urban areas . therefore , the erdf support should be delivered through the forms set out in article 22 of regulation 2018 / xxxx [ new cpr ] ensuring appropriate involvement of local , regional and urban authorities .


### ' a greener , low - carbon europe by promoting clean and fair energy transition , green and blue investment , the circular economy , climate adaptation and risk prevention and management by : ### ' a sustainable , low - carbon europe by promoting clean and fair energy transition , green and blue investment , the circular economy , urban mobility , climate adaptation and risk prevention and management by :


### developing a sustainable , climate resilient , intelligent , secure and intermodal ten - t ; ### developing a sustainable , intelligent , secure and intermodal road and railway ten - t and the road and railway regional and local links to ten - t ;


### developing sustainable , climate resilient , intelligent and intermodal national , regional and local mobility , including improved access to ten - t and cross - border mobility ; ### developing sustainable , intelligent and intermodal national , regional and local mobility , including improved access to road and railway ten - t and cross - border mobility ;


### fostering the integrated social , economic and environmental development , cultural heritage and security in urban areas ; ### fostering the integrated social , economic and environmental development , culture , cultural heritage , sport and provision of their infrastructure as well as security in urban areas ; recalling that all the projects related to cultural heritage preservation , restoration , reuse and communication should take into consideration the recommendations on quality interventions on cultural heritage sites issued during the european year of cultural heritage 2018 ;


### fostering the integrated social , economic and environmental local development , cultural heritage and security , including for rural and coastal areas also through community - led local development . ### fostering the integrated social , economic , tourism and environmental local development , cultural heritage and security , including for urban , rural and coastal areas also through community - led local development .


### cooperation referred to in point shall include cooperation with partners from cross - border regions , from non - contiguous regions or from regions located in the territory covered by a macro - regional or sea - basin strategy or a combination thereof . ### cooperation referred to in point shall include cooperation with partners from cross - border regions , from non - contiguous regions or from regions located in the territory covered by european groupings of territorial cooperation , a macro - regional or sea - basin strategy or a combination thereof .


### productive investments in smes ; ### investments in smes which contributes to creating and safeguarding sustainable jobs , through direct aid for investment , running capital and productive investments .


### in order to contribute to the specific objective under po 1 set out in point of article 2 , the erdf shall also support training , life long learning and education activities . ### in order to contribute to the specific objective under po 1 set out in point of article 2 , the esf shall also support training , life long learning and education activities .


### investments in the environment , including investments related to sustainable development and energy presenting environmental benefits ; ### investments in the environment , circular economy , including investments related to sustainable development and energy in accordance with the investment and infrastructure needs specific to each member state ;


### investments in ten - t ; ### investments in road and railway ten - t including regional and local links with broad and railway ten - t ;


### in addition , the cohesion fund shall not support investment in housing unless related to the promotion of energy efficiency or renewable energy use . ### in addition , the cohesion fund shall not support investment in housing unless related to social housing , preserving cultural heritage , the promotion of energy efficiency or renewable energy use .


### at least 6% of the erdf resources at national level under the investment for jobs and growth goal , other than for technical assistance , shall be allocated to sustainable urban development in the form of community - led local development , integrated territorial investments or another territorial tool under po5 . ### at least 6% of the erdf resources at national level under the investment for jobs and growth goal , other than for technical assistance , shall be allocated to sustainable urban development in the form of a specific programme , a specific priority axis , community - led local development , integrated territorial investments or other territorial tools , as set out in point of article 22 of regulation 2018 / xxxx .


### at least 6% of the erdf resources at national level under the investment for jobs and growth goal , other than for technical assistance , shall be allocated to sustainable urban development in the form of community - led local development , integrated territorial investments or another territorial tool under po5 . ### at least 12% of the erdf resources at national level under the investment for jobs and growth goal , other than for technical assistance , shall be allocated to sustainable urban development in the form of community - led local development , at least 9% through integrated territorial investments directly managed by the relevant urban or sub - regional authorities as an intermediary body or another territorial tool under po5 .


### reflecting the importance of tackling climate change in line with the union ' s commitments to implement the paris agreement and the united nations sustainable development goals , this programme will contribute to mainstream climate action in the union ' s policies and to the achievement of an overall target of 25 % of the eu budget expenditures supporting climate objectives . relevant actions will be identified during the fund ' s preparation and implementation , and reassessed in the context of its evaluation . ### reflecting the importance of tackling climate change in line with the union ' s commitments to implement the paris agreement and the united nations sustainable development goals , this programme will contribute to mainstream climate action in the union ' s policies and to the achievement of an overall target of 30 % of the eu budget expenditures supporting climate objectives . relevant actions will be identified during the fund ' s preparation and implementation , and reassessed in the context of its evaluation .


### the general objective of the programme is to demonstrate solidarity with and offer support to displaced workers and self - employed persons whose activity has ceased in the course of unexpected major restructuring events , referred to in article 5 . ### the general objective of the programme is to demonstrate solidarity with and offer financial support for re - employment measures of displaced workers and self - employed persons whose activity has ceased in the course of unexpected major restructuring events , referred to in article 5 .


### the specific objective of the egf is to offer assistance in case of unexpected major restructuring events , particularly those caused by globalisation - related challenges , such as changes in world trade patterns , trade disputes , financial or economic crises , the transition to low - carbon economy or as a consequence of digitisation or automation . particular emphasis shall lie on measures that help the most disadvantaged groups . ### the specific objective of the egf is to offer assistance for reintegration in the labour market in case of unexpected major restructuring events , particularly those caused by globalisation - related challenges , such as changes in world trade patterns , trade disputes , financial or economic crises , the transition to low - carbon economy or as a consequence of digitisation or automation . particular emphasis shall lie on measures that help the most disadvantaged groups .


### as a result , it is also appropriate to revise the definition of dual - use items , and to introduce a definition of cyber - surveillance technology . it should also be clarified that assessment criteria for the control of exports of dual - use items include considerations regarding their possible misuse in connection with acts of terrorism or human rights violations . ### as a result , it is also appropriate to introduce a definition of cyber - surveillance technology . it should also be clarified that assessment criteria for the control of exports of dual - use items and cyber - surveillance technology takes into account the direct and indirect impact of these technologies on human rights , as well as their impact on the prevention of acts of terrorism , as reflected in the user ' s guide to council common position 2008 / 944 / cfsp1a . _______________________ 1a council common position 2008 / 944 / cfsp of 8 december 2008 defining common rules governing control of exports of military technology and equipment .


### regulation no 428 / 2009 provides for a possibility for member states’ authorities to prohibit on a case - by - case basis the transit of non - union dual - use items , where they have reasonable grounds for suspecting from intelligence or other sources that the items are or may be intended in their entirety or in part for proliferation of weapons of mass destruction or of their means of delivery . for reasons of effectiveness and consistency , transit controls should be harmonised and apply also in order to prevent acts of terrorism and human rights violations . ### regulation no 428 / 2009 provides for a possibility for member states’ authorities to prohibit on a case - by - case basis the transit of non - union dual - use items or cyber - surveillance technologies , where they have reasonable grounds for suspecting from intelligence or other sources that the items are or may be intended in their entirety or in part for proliferation of weapons of mass destruction or of their means of delivery . for reasons of effectiveness and consistency , transit controls should be harmonised and apply also in order to prevent acts of terrorism and human rights violations .


### decisions to update the common list of dual - use items subject to export controls in section a of annex i should be in conformity with the obligations and commitments that member states and the union have accepted as members of the relevant international non - proliferation regimes and export control arrangements , or by ratification of relevant international treaties . decisions to update the common list of dual - use items subject to export controls in section b of annex i , such as cyber - surveillance technology , should be made in consideration of the risks that the export of such items may pose as regards the commission of serious violations of human rights or international humanitarian law or the essential security interests of the union and its member states . decisions to update the common list of dual - use items subject to export controls in section b of annex iv should be made in consideration of the public policy and public security interests of the member states under article 36 of the treaty on the functioning of the european union . decisions to update the common lists of items and destinations set out in sections a to j of annex ii should be made in consideration of the assessment criteria set out in this regulation . ### decisions to update the common list of dual - use items subject to export controls in section a of annex i should be in conformity with the obligations and commitments that member states and the union have accepted as members of the relevant international non - proliferation regimes and export control arrangements , or by ratification of relevant international treaties . decisions to update the common list of cyber - surveillance technologies subject to export controls in section b of annex i , should be made in consideration of the risks that the export of such items may pose as regards use for violations of international human rights law or international humanitarian law in countries where serious human rights violations have been established , or the essential security interests of the union and its member states . decisions to update the common list of dual - use items subject to export controls in section b of annex iv should be made in consideration of the public policy and public security interests of the member states under article 36 of the treaty on the functioning of the european union . decisions to update the common lists of items and destinations set out in sections a to j of annex ii should be made in consideration of the assessment criteria set out in this regulation .


### each member state should determine effective , proportionate and dissuasive penalties applicable in the event of breach of the provisions of this regulation . it is also appropriate to introduce provisions to tackle specifically instances of illicit trafficking of dual - use items in order to support effective enforcement of controls . ### each member state should determine effective , proportionate and dissuasive penalties applicable in the event of breach of the provisions of this regulation . it is desirable to achieve a level - playing field and a coherent approach and therefore it is appropriate that penalties in each member state are similar in nature and effect . it is also appropriate to introduce provisions to tackle specifically instances of illicit trafficking of dual - use items in order to support effective enforcement of controls .


### export controls have an impact on international security and trade with third countries and it is therefore appropriate to develop dialogue and cooperation with third countries in order to support a global level - playing field and enhance international security . ### export controls have an impact on international security and trade with third countries and it is therefore appropriate to develop dialogue and cooperation with third countries in order to support a global level - playing field and enhance international security . as member states make up the majority of signatories to the wassenaar arrangement on export controls for conventional arms and dual - use goods and technologies , setting high standards at union level can also have positive knock - on effects on global standards .


### if an exporter , under his obligation to exercise due diligence , is aware that dual - use items which he proposes to export , not listed in annex i , are intended , in their entirety or in part , for any of the uses referred to in paragraph 1 , he must notify the competent authority , which will decide whether or not it is expedient to make the export concerned subject to authorisation . ### if an exporter , under his obligation to exercise due diligence , is aware that dual - use items or cyber - surveillance technologies which he proposes to export , not listed in annex i , are intended , in their entirety or in part , for any of the uses referred to in paragraph 1 , he must notify the competent authority , which will decide whether or not it is expedient to make the export concerned subject to authorisation .