### charges applied by network operators for access to networks , including charges for connection to the networks , charges for use of networks , and , where applicable , charges for related network reinforcements , shall be transparent , take into account the need for network security and flexibility and reflect actual costs incurred insofar as they correspond to those of an efficient and structurally comparable network operator and are applied in a non - discriminatory manner . in particular , they shall be applied in a way which does not discriminate between production connected at the distribution level and production connected at the transmission level , either positively or negatively . they shall not discriminate against energy storage and shall not create disincentives for participation in demand response . without prejudice to paragraph 3 , those charges shall not be distance - related . ### charges applied by network operators for access to networks , including charges for connection to the networks , charges for use of networks , and , where applicable , charges for related network reinforcements , &#160 ; shall be fair , cost - reflective , transparent , take into account the need for network security and flexibility , &#160 ; recover allowed total cost of providing the regulated services , and are applied in a non - discriminatory manner . in particular , they shall neutrally support overall system efficiency in the long run through price signals to consumers and producers and they shall as far as possible be applied in a way which does not discriminate between production connected at the distribution level and production connected at the transmission level , either positively or negatively . they shall not discriminate against energy storage and shall not create disincentives for participation in demand response . &#160 ; without prejudice to paragraph 3 , &#160 ; those charges shall not be distance - related .


### regional operational centres should carry out functions where their regionalisation brings added value compared to functions performed at national level . the functions of regional operational centres should cover the functions carried out by regional security coordinators as well as additional system operation , market operation and risk preparedness functions . the functions carried out by regional operational centres should exclude real time operation of the electricity system . ### regional coordination centres should carry out functions where their regionalisation brings added value compared to functions performed at national level . the functions of regional coordination centres should cover the functions carried out by regional security coordinators as well as additional ones of regional importance . the functions carried out by regional coordination centres should exclude real time operation of the electricity system .


### the management board shall be composed of members representing the transmission system operators and of observers representing the regulatory authorities of the system operation region . the representatives of the regulatory authorities shall have no voting rights . ### the management board shall be composed of members representing the transmission system operators and of observers representing the regulatory authorities of the system operation region . composition of the management board shall be geographically balanced .


### 90 % of the net revenues from the sale of electricity on the day - ahead market that the generating or demand facility would have generated without the curtailment or redispatching request . where financial support is granted to generating or demand facilities based on the electricity volume generated or consumed , lost financial support shall be deemed part of the net revenues . ### 100 % of the net revenues from the sale of electricity on the day - ahead market that the generating , energy storage or demand facility would have generated without the curtailment or redispatching request . where financial support is granted to generating or demand facilities based on the electricity volume generated , stored or consumed , lost financial support shall be deemed part of the net revenues . the full compensation should be settled within reasonable time after the curtailment has occurred .


### transmission system operators shall clearly establish beforehand how any congestion income will be used , and report on the actual use of that income . on an annual basis , and by 31 july each year , the national regulatory authorities shall publish a report setting out the amount of revenue collected for the 12 - month period ending on 30 june of the same year and how that revenue was used , including the specific projects the income has been used for or the amount placed on a separate account line , together with verification that that use complies with this regulation and the methodology developed pursuant to paragraph 3 . ### transmission system operators shall report on the actual use of that income . on an annual basis the national regulatory authorities shall publish a report setting out the amount of revenue collected for the 12 - month period ending on 31 december of the same year and how that revenue was used .


### charges applied by network operators for access to networks , including charges for connection to the networks , charges for use of networks , and , where applicable , charges for related network reinforcements , shall be transparent , take into account the need for network security and flexibility and reflect actual costs incurred insofar as they correspond to those of an efficient and structurally comparable network operator and are applied in a non - discriminatory manner . in particular , they shall be applied in a way which does not discriminate between production connected at the distribution level and production connected at the transmission level , either positively or negatively . they shall not discriminate against energy storage and shall not create disincentives for participation in demand response . without prejudice to paragraph 3 , those charges shall not be distance - related . ### charges applied by network operators for access to networks , including charges for connection to the networks , charges for use of networks , and , where applicable , charges for related network reinforcements , shall be transparent , take into account the need for network security and flexibility and reflect actual costs incurred insofar as they correspond to those of an efficient and structurally comparable network operator and are applied in a non - discriminatory manner . in particular , they shall be applied in a way which does not discriminate between production or energy storage connected at the distribution level and production connected at the transmission level , either positively or negatively . they shall not discriminate against energy storage , specifically not double charging energy storage , and aggregation and shall not create disincentives for self - generation , self - consumption , and for participation in demand response . without prejudice to paragraph 3 , those charges shall not be distance - related .


### where non - market based curtailment or redispatching is used , it shall be subject to financial compensation by the system operator requesting the curtailment or redispatching to the owner of the curtailed or redispatched generation or demand facility . financial compensation shall at least be equal to the highest of the following elements : ### where non - market based curtailment or redispatching is used , it shall be subject to financial compensation by the system operator requesting the curtailment or redispatching to the owner of the curtailed or redispatched generation , energy storage or demand facility . financial compensation shall at least be equal to the highest of the following elements :


### development of demand response ; ### development of demand response and energy storage ;


### when applying capacity mechanisms member states shall have a reliability standard in place indicating their desired level of security of supply in a transparent manner . ### when applying capacity mechanisms member states shall have a reliability standard in place indicating their desired level of security of supply in a transparent manner . in case of cross - border bidding zones , such reliability standards shall be established jointly by the relevant authorities .


### charges applied by network operators for access to networks , including charges for connection to the networks , charges for use of networks , and , where applicable , charges for related network reinforcements , shall be transparent , take into account the need for network security and flexibility and reflect actual costs incurred insofar as they correspond to those of an efficient and structurally comparable network operator and are applied in a non - discriminatory manner . in particular , they shall be applied in a way which does not discriminate between production connected at the distribution level and production connected at the transmission level , either positively or negatively . they shall not discriminate against energy storage and shall not create disincentives for participation in demand response . without prejudice to paragraph 3 , those charges shall not be distance - related . ### charges applied by network operators for access to networks , including charges for connection to the networks , charges for use of networks , and , where applicable , charges for related network reinforcements , &#160 ; shall be transparent , take into account the need for network security and flexibility&#160 ; and reflect&#160 ; actual costs&#160 ; incurred insofar as they correspond to those of an efficient and structurally comparable network operator and are applied in a non - discriminatory manner . in particular , they shall be applied in a way which does not discriminate between production connected at the distribution level and production connected at the transmission level , either positively or negatively . they shall not discriminate against energy storage and aggregation and shall not create disincentives for self - generation , self - consumption and for participation in demand response . &#160 ; without prejudice to paragraph 3 , &#160 ; those charges shall not be distance - related .


### charges applied by network operators for access to networks , including charges for connection to the networks , charges for use of networks , and , where applicable , charges for related network reinforcements , shall be transparent , take into account the need for network security and flexibility and reflect actual costs incurred insofar as they correspond to those of an efficient and structurally comparable network operator and are applied in a non - discriminatory manner . in particular , they shall be applied in a way which does not discriminate between production connected at the distribution level and production connected at the transmission level , either positively or negatively . they shall not discriminate against energy storage and shall not create disincentives for participation in demand response ### charges applied by network operators for access to networks , including charges for connection to the networks , charges for use of networks , and , where applicable , charges for related network reinforcements , shall be transparent , take into account the need for network security and flexibility and reflect actual costs incurred insofar as they correspond to those of an efficient and structurally comparable network operator and are applied in a non - discriminatory manner . in particular , they shall be applied in a way which does not discriminate between production connected at the distribution level and production connected at the transmission level , either positively or negatively . they shall not discriminate against energy storage , specifically not double charging energy storage , and aggregation and shall not create disincentives for self - generation , self - consumption , nor for participation in demand response . without prejudice to paragraph 3 , those charges shall not be distance - related .


### ' capacity mechanism ' means an administrative measure to ensure the achievement of the desired level of security of supply by remunerating resources for their availability not including measures relating to ancillary services ; ### ' capacity mechanism ' means an administrative measure to ensure the achievement of the necessary level of security of supply ; a thorough cost - benefit analysis shall be carried out to justify the necessity of achieving a certain level of security of supply , as well as to justify the need to adopt capacity mechanisms in order to achieve such necessary level .


### setting fundamental principles for well - functioning , integrated electricity markets , which allow non - discriminatory market access for all resource providers and electricity customers , empower consumers , enable demand response and energy efficiency , facilitate aggregation of distributed demand and supply , and contribute to the decarbonisation of the economy by enabling market integration and market - based remuneration of electricity generated from renewable sources ; ### setting fundamental principles for well - functioning , integrated electricity markets , which allow non - discriminatory market access for all resource providers and electricity customers , empower consumers , enable demand response , energy storage and energy efficiency , facilitate aggregation of distributed demand and supply , promote sufficient levels of electricity interconnections and contribute to the decarbonisation of the economy by enabling market integration and market - based remuneration of electricity generated from renewable sources ;


### the responsible system operators shall report at least once per year to the competent regulatory authority on curtailment or downward redispatching of generating installations using renewable energy sources or high - efficiency cogeneration and on measures taken to reduce the need for such curtailment or downward redispatching in the future . curtailment or redispatching of generating installations using renewable energy sources or high - efficiency cogeneration shall be subject to compensation pursuant to paragraph 6 . ### the responsible system operators shall report at least once per year to the competent regulatory authority on curtailment or downward redispatching of generating , energy storage or demand - response installations using renewable energy sources or high - efficiency cogeneration and on measures taken to reduce the need for such curtailment or downward redispatching in the future . curtailment or redispatching of generating installations using renewable energy sources , energy storage , demand - response or high - efficiency cogeneration shall be subject to compensation pursuant to paragraph 6 .


### when applying capacity mechanisms member states shall have a reliability standard in place indicating their desired level of security of supply in a transparent manner . ### member states shall have a reliability standard in place indicating their desired level of security of supply in a transparent manner .


### cooperate with entso for electricity on the monitoring of implementation of the network codes and guidelines which are relevant to the operation and planning of distribution grids and the coordinated operation of the transmission and distribution networks and which are adopted pursuant to this regulation ; ### cooperate effectively with entso for electricity , the agency and national regulators to facilitate the monitoring by the agency and where relevant the national regulatory authorities of implementation of the network codes and guidelines which are relevant to the operation and planning of distribution grids and the coordinated operation of the transmission and distribution networks and which are adopted pursuant to this regulation ;


### by [ op : twelve months after entry into force ] , all transmission system operators shall establish regional operational centres in accordance with the criteria set out in this chapter . regional operational centres shall be established in the territory of one of the member states of the region where it will operate . ### by [ op : twelve months after entry into force ] , all transmission system operators of&#160 ; a system operation region shall submit to the regulatory authorities of&#160 ; the region for a review a proposal for the establishment of regional coordination&#160 ; centres in accordance with the criteria set out in this chapter . &#160 ; the proposal shall include the following information : &#160 ; member state where the&#160 ; regional coordination centre will be located ; &#160 ; &#160 ; the organisational , &#160 ; financial and operational arrangements necessary to ensure the efficient , &#160 ; secure and reliable operation of the interconnected transmission system ; &#160 ; &#160 ; an implementation&#160 ; plan for the entry into operation of the regional coordination centres ; &#160 ; &#160 ; the statutes and&#160 ; rules of procedure of regional coordination centres ; &#160 ; a description of&#160 ; cooperative processes in accordance with article 35 ; &#160 ; &#160 ; a description of the&#160 ; arrangements concerning the liability of regional coordination centres in&#160 ; accordance with article 44 .


### transmission system operators shall clearly establish beforehand how any congestion income will be used , and report on the actual use of that income . on an annual basis , and by 31 july each year , the national regulatory authorities shall publish a report setting out the amount of revenue collected for the 12 - month period ending on 30 june of the same year and how that revenue was used , including the specific projects the income has been used for or the amount placed on a separate account line , together with verification that that use complies with this regulation and the methodology developed pursuant to paragraph 3 . ### transmission system operators shall report on the actual use of congestion income . on an annual basis , the national regulatory authorities shall publish a report setting out the amount of revenue collected for the 12 - month period ending on 31 december of the same year and how that revenue was used .


### transmission system operators shall clearly establish beforehand how any congestion income will be used , and report on the actual use of that income . on an annual basis , and by 31 july each year , the national regulatory authorities shall publish a report setting out the amount of revenue collected for the 12 - month period ending on 30 june of the same year and how that revenue was used , including the specific projects the income has been used for or the amount placed on a separate account line , together with verification that that use complies with this regulation and the methodology developed pursuant to paragraph 3 . ### transmission system operators shall report on use of the congestion income . on an annual basis , the national regulatory authorities shall publish a report setting out the amount of revenue collected for the 12 - month period ending on 31 december of the same year and how that revenue was used , including the specific projects the income has been used .


### regional operational centres shall develop a procedure for the adoption of decisions and recommendations . ### the transmission system operators of a system operation region shall develop a procedure for the adoption and revision of recommendations put forward by regional coordination centres in accordance with the criteria set out in paragraphs 2 and 3 .


### regional operational centres should carry out functions where their regionalisation brings added value compared to functions performed at national level . the functions of regional operational centres should cover the functions carried out by regional security coordinators as well as additional system operation , market operation and risk preparedness functions . the functions carried out by regional operational centres should exclude real time operation of the electricity system . ### regional coordination centres should carry out functions where their regionalisation brings added value compared to functions performed at national level . the functions of regional coordination centres should cover the functions carried out by regional security coordinators as well as additional ones of regional importance . the functions carried out by regional coordination centres should exclude real time operation of the electricity system .


### tariffs shall grant appropriate incentives to transmission and distribution system operators , over both the short and long term , to increase efficiencies , including energy efficiency , foster market integration and security of supply , and support investments and the related research activities . ### tariffs shall grant appropriate incentives to transmission and distribution system operators , over both the short and long - term , to increase efficiencies , including energy efficiency and energy storage , foster market integration and security of supply , and support investments and the related research activities .


### distribution tariffs shall reflect the cost of use of the distribution network by system users including active customers , and may be differentiated based on system users’ consumption or generation profiles . where member states have implemented the deployment of smart metering systems , regulatory authorities may introduce time differentiated network tariffs , reflecting the use of the network , in a transparent and foreseeable way for the consumer . ### distribution tariffs shall reflect the cost and benefits of use of the distribution network by system users including active customers , and may be differentiated based on system users’ consumption or generation profiles . where member states have implemented the deployment of smart metering systems , regulatory authorities shall introduce time differentiated network tariffs , reflecting the use of the network , in a transparent and foreseeable way for the consumer .


### 90 % of the net revenues from the sale of electricity on the day - ahead market that the generating or demand facility would have generated without the curtailment or redispatching request . where financial support is granted to generating or demand facilities based on the electricity volume generated or consumed , lost financial support shall be deemed part of the net revenues . ### 90 % of the net revenues from the sale of electricity on the day - ahead market that the generating , energy storage or demand facility would have generated without the curtailment or redispatching request . where financial support is granted to generating or demand facilities based on the electricity volume generated , stored or consumed , lost financial support shall be deemed part of the net revenues .


### the entso for electricity shall report to the agency on shortcomings identified regarding the establishment and performance of regional operational centres . ### the entso for electricity shall report to the agency on shortcomings identified regarding the establishment and performance of regional coordination centres .


### assist member states in circumstances requiring increased technical and operational assistance at the external borders , by launching rapid border interventions at the external borders of those member states facing specific and disproportionate pressures , taking into account that some situations may involve humanitarian emergencies and rescue at sea ; ### assist member states in circumstances requiring increased technical and operational assistance at the external borders , by launching rapid border interventions at the external borders of those member states facing specific and disproportionate pressures ;


### a supervisory board ; ### an advisory board ;


### cooperation with third countries in the areas of covered by this regulation , focusing in particular on neighbouring countries and on those third countries which have been identified through risk analysis as being countries of origin and transit for irregular immigration ; ### cooperation with third countries in the areas of covered by this regulation , focusing in particular on neighbouring countries and on those third countries which have been identified through risk analysis as being countries of origin and transit for irregular immigration in cooperation with the commission , the eeas and the member states ;


### in parallel and within the same two working days , the executive director shall submit a draft operational plan to the member state concerned . the executive director and the member state concerned shall draw up the operational plan within two working days from the date of its submission . ### in parallel and within the same two working days , the executive director shall present a draft operational plan to the member state concerned .


### the european border and coast guard shall , in the performance of its tasks , take into account the special needs of children , victims of trafficking in human beings , persons in need of medical assistance , persons in need of international protection , persons in distress at sea and other persons in a particularly vulnerable situation . ### the european border and coast guard shall , in the performance of its tasks , take into account the special needs of children , in particular unaccompanied minors and children with disabilities , victims of trafficking in human beings , persons in need of medical assistance , persons in need of international protection , persons in distress at sea and other persons in a particularly vulnerable situation .


### in a spirit of shared responsibility , the role of the european border and coast guard agency should be to regularly monitor the management of the external borders . the agency should ensure proper and effective monitoring not only through risk analysis , information exchange and eurosur , but also through presence of experts from its own staff in member states . the agency should therefore be able to deploy liaison officers to specific member states for a period of time during which the liaison officer reports to the executive director . the report of the liaison officers should form part of the vulnerability assessment . ### undertaking a shared responsibility with the member states , the role of the european border and coast guard agency should be to regularly monitor the management of the eu external borders . the agency should ensure proper and effective monitoring not only through risk analysis , information exchange and eurosur , but also through the presence of experts from its own staff on the ground , in full cooperation with member states and respecting the rights of non - schengen countries . the agency should therefore be able to deploy liaison officers to specific member states for a period of time during which the liaison officer reports to the executive director . the report of the liaison officers should form part of the vulnerability assessment .


### where a member state does not take the necessary corrective measures in accordance with a decision of the management board referred to in article 12 or in the event of disproportionate migratory pressure at the external border , rendering the control of the external borders ineffective to such an extent that it risks putting in jeopardy the functioning of the schengen area , the commission , after consulting the agency , may adopt a decision by means of an implementing act , identifying the measures to be implemented by the agency and requiring the member state concerned to cooperate with the agency in the implementation of those measures . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 79 . ### where a member state does not take the necessary corrective measures in accordance with a decision of the management board referred to in article 12 or in the event of disproportionate migratory pressure at the external border , rendering the control of the external borders ineffective to such an extent that it risks putting in jeopardy the internal security of the union or the functioning of the schengen area , the commission , after consulting the agency , may adopt a decision by means of an implementing act , identifying the measures to be implemented by the agency and requiring the member state concerned to cooperate with the agency in the implementation of those measures . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 79 .


### assist member states in circumstances requiring increased technical and operational assistance at the external borders by coordinating and organising joint operations , taking into account that some situations may involve humanitarian emergencies and rescue at sea ; ### assist member states in circumstances requiring increased technical and operational assistance at the external borders by coordinating and organising joint operations ;


### 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 consulted on the operational plans drawn up in accordance with articles 15 , 16 and 32 and shall have access to all information concerning respect for fundamental rights , in relation to all the activities of the agency . ### the fundamental rights office shall be consulted on the operational plans drawn up in accordance with articles 15 , 16 and 32 and shall have access to all information concerning respect for fundamental rights , in relation to all the activities of 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 executive director shall be appointed by the management board on the grounds of merit and documented high - level administrative and management skills , as well as senior professional experience in the field of management of the external borders and return . the management board shall take its decision by a two - thirds majority of all members with a right to vote . ### the executive director shall be chosen on the grounds of merit , independence and documented high - level administrative and management skills , as well as senior professional experience in the field of management of the external borders and return .


### the deputy executive director shall be appointed by the management board on the grounds of merit and documented appropriate administrative and management skills , as well as relevant professional experience in the field of management of the external borders and return on the proposal of the commission , after having consulted the executive director . the management board shall take its decision by a two - thirds majority of all members with a right to vote . ### the deputy executive director shall be chosen on the grounds of merit and documented appropriate administrative and management skills , as well as relevant professional experience in the field of management of the external borders and return .


### 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 agreed upon with the executive director .


### the supervisory board shall be composed of the deputy executive director , four other senior officials of the agency to be appointed by the management board and one of the representatives of the commission to the management board . the supervisory board shall be chaired by the deputy executive director . ### the advisory board shall be composed of the deputy executive director , the fundamental rights officer , three other senior officials of the agency to be appointed by the management board and one of the representatives of the commission to the management board . the advisory board shall be chaired by the deputy executive director .


### the executive director shall be appointed by the management board on the grounds of merit and documented high - level administrative and management skills , as well as senior professional experience in the field of management of the external borders and return . the management board shall take its decision by a two - thirds majority of all members with a right to vote . ### the executive director shall be appointed by the management board on the grounds of merit and documented high - level administrative and management skills , as well as senior professional experience in the field of management of the external borders and return . the management board shall take account of the opinion delivered by the european parliament and shall take its decision by a two - thirds majority of all members with a right to vote .


### 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 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 to the consultative forum . the fundamental rights officer shall report on a regular basis and as such contribute to the mechanism for monitoring fundamental rights .


### at particular areas of the external borders where member states face disproportionate migratory pressures characterised by large influxes of mixed migratory flows , referred to as hotspot areas , the member states should be able to rely on the increased operational and technical reinforcement by the migration management support teams composed of teams of experts deployed from member states by the european border and coast guard agency and the european asylum support office , and from europol or other relevant union agencies , as well as experts from the staff of the european border and coast guard agency . the european border and coast guard agency should assist the commission in the coordination among the different agencies on the ground . ### at particular areas of the external borders where member states face disproportionate migratory pressures characterised by large influxes of mixed migratory flows , referred to as hotspot areas , the member states should be able to rely on the increased operational and technical reinforcement by the migration management support teams composed of teams of experts deployed from member states by the european border and coast guard agency and the european asylum support office , and from europol or other relevant union agencies , as well as experts from the staff of the european border and coast guard agency . the european border and coast guard agency should assist the commission in the coordination among the different agencies on the ground . the agency should have an autonomous right to intervene so that it may deploy its agents and equipment based on the complexity of a border protection situation and the specificities of the external border areas where member states face disproportionate migration pressures .


### this regulation establishes a complaint mechanism for the european border and coast guard agency , in cooperation with the fundamental rights officer , to monitor and ensure the respect for fundamental rights in all the activities of the agency . this should be an administrative mechanism whereby the fundamental rights officer should be responsible for handling complaints received by the agency in accordance with the right to good administration . the fundamental rights officer should review the admissibility of a complaint , register admissible complaints , forward all registered complaints to the executive director , forward complaints concerning border guards to the home member state and register the follow - up by the agency or that member state . criminal investigations should be conducted by the member states . ### this regulation establishes a complaint mechanism for the european border and coast guard agency , in cooperation with the fundamental rights office , to monitor and ensure the respect for fundamental rights in all the activities of the agency . this should be an administrative mechanism whereby the fundamental rights officer should be responsible for handling complaints received by the agency in accordance with the right to good administration . the fundamental rights office should review the admissibility of a complaint , register admissible complaints , forward all registered complaints to the executive director , forward complaints concerning border guards to the home member state and register the follow - up by the agency or that member state . criminal investigations should be conducted by the member states .


### without prejudice to paragraph 3 , the management board shall be composed of one representative of each member state and two representatives of the commission , all with voting rights . to this effect , each member state shall appoint a member of the management board as well as an alternate who will represent the member in his or her absence . the commission shall appoint two members and their alternates . the duration of the terms of office shall be four years . the terms of office shall be extendable . ### without prejudice to paragraph 3 , the management board shall be composed of one representative of each member state , two representatives of the commission and one representative of the european parliament , all with voting rights . to this effect , each member state shall appoint a member of the management board as well as an alternate who will represent the member in his or her absence . the commission shall appoint two members and their alternates . the european parliament shall appoint one member and his or her alternate . the duration of the terms of office shall be four years . the terms of office shall be extendable .


### since the objectives of this regulation , namely the development and implementation of a system of integrated management of the external borders , thus also ensuring the proper functioning of the schengen area , cannot be sufficiently achieved by the member states acting in an uncoordinated manner but can rather , because of the absence of controls at internal borders and in view of the significant migratory pressures at the external borders and the need to safeguard a high level of internal security within the union , be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve those objectives . ### since the objectives of this regulation , namely the development and implementation of a system of integrated management of the external borders , thus also ensuring the proper functioning of the schengen area and high level of internal security in the entire european union , cannot be sufficiently achieved by the member states acting in an uncoordinated manner but can rather , because of the absence of controls at internal borders and in view of the significant migratory pressures at the external borders and the need to safeguard a high level of internal security within the union , be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve those objectives .


### in view of contributing to an efficient , high and uniform level of border control and return , the agency shall perform the following tasks : ### in view of contributing to an efficient , high and uniform level of border control and uniform application of international standards for returns , the agency shall perform the following tasks :


### the agency shall establish a monitoring and risk analysis centre with the capacity to monitor migratory flows towards and within the union . for this purpose , the agency shall develop a common integrated risk analysis model , which shall be applied by the agency and the member states . ### the agency shall establish a monitoring and risk analysis centre with the capacity to monitor migratory flows . it shall ensure that all already available union resources are fully and comprehensively utilised . for this purpose , the agency shall , by a decision of the management board , develop a common integrated risk analysis model , which shall be applied by the agency and the member states .


### supervisory board ### advisory board


### in a spirit of shared responsibility , the role of the european border and coast guard agency should be to regularly monitor the management of the external borders . the agency should ensure proper and effective monitoring not only through risk analysis , information exchange and eurosur , but also through presence of experts from its own staff in member states . the agency should therefore be able to deploy liaison officers to specific member states for a period of time during which the liaison officer reports to the executive director . the report of the liaison officers should form part of the vulnerability assessment . ### undertaking a shared responsibility with the member states , the role of the european border and coast guard agency should be to regularly monitor the management of the eu external borders . the agency should ensure proper and effective monitoring not only through risk analysis , information exchange and eurosur , but also through the presence of experts from its own staff on the ground , in full cooperation with member states and respecting the rights of non - schengen countries . the agency should therefore be able to deploy liaison officers to specific member states for a period of time during which the liaison officer reports to the executive director . the report of the liaison officers should form part of the vulnerability assessment .


### the supervisory board shall be composed of the deputy executive director , four other senior officials of the agency to be appointed by the management board and one of the representatives of the commission to the management board . the supervisory board shall be chaired by the deputy executive director . ### the advisory board shall be composed of the deputy executive director , four other senior officials of the agency to be appointed by the management board , one of the representatives of the commission to the management board , the representative of the european parliament to the management board , one representative from easo and one representative from the fundamental rights office . the advisory board shall be chaired by the deputy executive director .


### member states shall at least on a monthly basis inform the agency of their planned national return operations , as well as of their needs for assistance or coordination by the agency . the agency shall draw up a rolling operational plan to provide the requesting member states with the necessary operational reinforcement , including technical equipment . the agency may , on its own initiative , include in the rolling operational plan the dates and destinations of return operations it considers necessary , based on a needs assessment . the management board shall decide , on a proposal of the executive director , on the modus operandi of the rolling operational plan . ### member states shall at least on a monthly basis inform the agency of their planned national return operations , as well as of their needs for assistance or coordination by the agency . the agency shall draw up a rolling operational plan to provide the requesting member states with the necessary operational reinforcement , including technical equipment . the agency may , on its own initiative , or at the request of a member state , include in the rolling operational plan the dates and destinations of return operations it considers necessary , based on a needs assessment . the management board shall decide , on a proposal of the executive director , on the modus operandi of the rolling operational plan .


### the commission shall propose candidates for the post of the executive director and the deputy executive director based on a list following publication of the post in the official journal of the european union and other press or internet sites as appropriate . ### the european parliament and the council shall appoint by common accord the executive director and the deputy executive director based on a list drawn up by the commission following publication of the post in the official journal of the european union and other press or internet sites as appropriate


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


### on 8 october 2015 , the european council called for enlarging the mandate of the european agency for the management of operational cooperation at the external borders of the member states of the european union to assist member states in ensuring the effective return of illegally staying third - country nationals , including by organising return operations on its own initiative and enhancing its role regarding the acquisition of travel documents . for this purpose , the european council called for the establishment of a return office within the european border and coast guard agency which should be tasked with the coordination of the agency’s activities in the field of return . ### on 8 october 2015 , the european council called for enlarging the mandate of the european agency for the management of operational cooperation at the external borders of the member states of the european union to assist member states in ensuring the effective return of illegally staying third - country nationals , including by organising return operations on its own initiative and enhancing its role regarding the acquisition of travel documents and , where appropriate , the issuing of european travel documents for the return journey . for this purpose , the european council called for the establishment of a return office within the european border and coast guard agency which should be tasked with the coordination of the agency’s activities in the field of return .


### the executive director shall be appointed by the management board on the grounds of merit and documented high - level administrative and management skills , as well as senior professional experience in the field of management of the external borders and return . the management board shall take its decision by a two - thirds majority of all members with a right to vote . ### the executive director shall be chosen on the grounds of merit , independence and documented high - level administrative and management skills , as well as senior professional experience in the field of management of the external borders and return .


### carry out a vulnerability assessment including the assessment of the capacity of member states to face threats and pressures at the external borders ; ### carry out regular vulnerability assessment including the assessment of the capacity of member states to face threats and pressures at their external borders ;


### the agency shall make available these escorts , upon request , to participating member states to escort returnees on their behalf and to take part in return interventions . ### the agency shall make available these escorts , upon request , to participating member states to escort returnees on their behalf and to take part in return operations and interventions .


### without prejudice to paragraph 3 , the management board shall be composed of one representative of each member state and two representatives of the commission , all with voting rights . to this effect , each member state shall appoint a member of the management board as well as an alternate who will represent the member in his or her absence . the commission shall appoint two members and their alternates . the duration of the terms of office shall be four years . the terms of office shall be extendable . ### without prejudice to paragraph 3 , the management board shall be composed of one representative of each member state , two representatives of the commission and two of the european parliament , all with voting rights . to this effect , each member state shall appoint a member of the management board as well as an alternate who will represent the member in his or her absence . the commission shall appoint two members and their alternates . the european parliament shall elect two of its members , at least one being a member of its civil liberties , justice and home affairs committee . the duration of the terms of office shall be four years . the terms of office shall be extendable .


### the agency shall proactively monitor and contribute to research and innovation activities relevant for the control of the external borders , including the use of advanced surveillance technology such as remotely piloted aircraft systems , and for return . the agency shall disseminate the results of that research to the commission and the member states . it may use those results as appropriate in joint operations , rapid border interventions , return operations and return interventions . ### the agency shall proactively monitor and contribute to research and innovation activities relevant for the control of the external borders , including the use of advanced surveillance technology such as remotely piloted aircraft systems , and for return . the agency shall disseminate the results of that research to the commission and the member states and to all other agencies involved , including the european fisheries control agency . it may use those results as appropriate in joint operations , rapid border interventions , return operations and return interventions .


### this regulation establishes a complaint mechanism for the european border and coast guard agency , in cooperation with the fundamental rights officer , to monitor and ensure the respect for fundamental rights in all the activities of the agency . this should be an administrative mechanism whereby the fundamental rights officer should be responsible for handling complaints received by the agency in accordance with the right to good administration . the fundamental rights officer should review the admissibility of a complaint , register admissible complaints , forward all registered complaints to the executive director , forward complaints concerning border guards to the home member state and register the follow - up by the agency or that member state . criminal investigations should be conducted by the member states . ### this regulation establishes a complaint mechanism for the european border and coast guard agency , in cooperation with the fundamental rights officer , to monitor and ensure the respect for fundamental rights in all the activities of the agency and its staff . this should be an effective and accessible administrative mechanism whereby the agency ' s fundamental rights officer participates in accordance with the right to good administration and is operationally independent . the fundamental rights officer should review the admissibility of a complaint , register and deal accordingly with all admissible complaints , forward all registered complaints to the executive director , forward complaints concerning border and coast guards to the home member state and register the follow - up by the agency or that member state . this data should be included in the annual report of the agency . criminal investigations should be conducted by the member states .


### in cases where a member state does not take the necessary corrective action in line with the vulnerability assessment or in the event of disproportionate migratory pressure at the external borders , rendering the control at the external border ineffective to an extent which risks putting in jeopardy the functioning of the schengen area , a unified , rapid and effective response should be delivered at union level . for this purpose , and to ensure better coordination at union level , the commission should identify the measures to be implemented by the european border and coast guard agency and require the member state concerned to cooperate with the agency in the implementation of those measures . the european border and coast guard agency should then determine the actions to be taken for the practical execution of the measures indicated in the commission decision , and an operational plan should be drawn up with the member state concerned . ### in cases where a member state does not take the necessary corrective action in line with the vulnerability assessment or in the event of disproportionate migratory pressure at the external borders , rendering the control at the external border ineffective to an extent which risks putting in jeopardy the functioning of the schengen area , a unified , rapid and effective response should be delivered at union level . for this purpose , and to ensure better coordination at union level , the commission should identify the measures to be implemented by the european border and coast guard agency and require the member state concerned to cooperate with the agency in the implementation of those measures . the european border and coast guard agency should then determine the actions to be taken for the practical execution of the measures indicated in the commission decision , and an operational plan should be drawn up .


### –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


### in order to facilitate the cooperation with other member states and the screening of foreign direct investment by the commission , member states should notify their screening mechanisms and any amendment thereto to the commission , and should report on the application of their screening mechanisms on a regular basis . for the same reason , member states that do not have a screening mechanism should also report on the foreign direct investments that took place in their territory , on the basis of the information available to them . ### in order to facilitate the cooperation with other member states and the screening of foreign direct investment by the commission and improve the reliability and comparability of data provided by member states , member states should notify their screening mechanisms and any amendment thereto to the commission , and should report on the application of their screening mechanisms on a regular basis . for the same reason , member states that do not have a screening mechanism should also report on the foreign direct investments that took place in their territory , on the basis of the information available to them .


### where the commission considers that a foreign direct investment is likely to affect security or public order in one or more member states , it may issue an opinion addressed to the member state in which the foreign direct investment is planned or has been completed . the commission may issue an opinion irrespective of whether other member states have provided comments . ### where the commission considers that a foreign direct investment is likely to affect security or public order in one or more member states , it may issue a non - binding opinion addressed to the member state in which the foreign direct investment is planned or has been completed . the commission may issue an opinion irrespective of whether other member states have provided comments .


### where the commission considers that a foreign direct investment is likely to affect projects or programmes of union interest on grounds of security or public order , the commission may issue an opinion addressed to the member state where the foreign direct investment is planned or has been completed . ### where the commission considers that a foreign direct investment is likely to affect projects or programmes of union interest on grounds of security or public order , the commission may issue a non - binding opinion addressed to the member state where the foreign direct investment is planned or has been completed .


### projects or programmes of union interest shall include in particular those projects and programmes which involve a substantial amount or a significant share of eu funding , or which are covered by union legislation regarding critical infrastructure , critical technologies or critical inputs . an indicative list of projects or programmes of union interest is included in annex 1 . ### projects or programmes of union interest shall include in particular those projects and programmes which involve eu funding or which are covered by union legislation regarding critical infrastructure , critical technologies or critical inputs . an indicative and non - exhaustive list of projects or programmes of union interest is included in annex 1 and can be updated .


### in determining whether a foreign direct investment may affect security or public order , member states and the commission should be able to consider all relevant factors , including the effects on critical infrastructure , technologies , including key enabling technologies , and inputs which are essential for security or the maintenance of public order , and the disruption , loss or destruction of which would have a significant impact in a member state or in the union . in that regard , member states and the commission should also be able to take into account whether a foreign investor is controlled directly or indirectly by the government of a third country . ### in determining whether a foreign direct investment may affect security or public order , member states and the commission should be able to consider all relevant factors , including the effects on critical infrastructure , technologies , including key enabling technologies , and inputs which are essential for security , including in its economic dimension , or the maintenance of public order , and the disruption , loss or destruction of which would have a significant impact in a member state or in the union . in that regard , member states and the commission should also be able to take into account whether a foreign investor is controlled directly or indirectly by the government of a third country .


### non - discrimination ### non - discrimination and fundamental rights


### 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 referred to in paragraph 1 shall be erased once the data is erased . ### 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 . to that end , access to those logs shall be granted as appropriate to the data controllers identified pursuant to article 40 , to national supervisory authorities designated pursuant to article 51 of regulation 2016 / 679 and article 41 of directive 2016 / 680 , and to the european data protection supervisor . 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 paragraph 1 shall be erased once the data is erased .


### the eu bodies shall use the esp to search data related to persons or their travel documents in the central sis . ### the eu bodies as referred to in paragraph 1 shall use the esp to search data related to persons or their travel documents in the central sis .


### 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 .


### without prejudice to the notification and communication of a personal data breach pursuant to article 33 of regulation 2016 / 679 , article 30 of directive 2016 / 680 , or both , member states shall notify the commission , eu - lisa and the european data protection supervisor of security incidents . in the event of a security incident in relation to the central infrastructure of the interoperability components , eu - lisa shall notify the commission and the european data protection supervisor . ### without prejudice to the notification and communication of a personal data breach pursuant to article 33 of regulation 2016 / 679 , article 30 of directive 2016 / 680 , or both , member states shall notify the commission , eu - lisa , the national supervisory authority and the european data protection supervisor of security incidents . in the event of a security incident in relation to the central infrastructure of the interoperability components , eu - lisa shall notify the commission and the european data protection supervisor .


### 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 , and for ensuring data security pursuant to article 42 . to that end , access to those logs shall be granted as appropriate to the data controllers identified pursuant to article 40 , to national supervisory authorities designated pursuant to article 51 of regulation 2016 / 679 and article 41 of directive 2016 / 680 , and to the european data protection supervisor . 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 .


### for the purposes of preventing , detecting and investigating terrorist offences or other serious criminal offences in a specific case and in order to obtain information on whether data on a specific person is present in eurodac , the member state designated authorities and europol may consult the cir . ### for the purposes of preventing , detecting and investigating terrorist offences or other serious criminal offences in a specific case and in order to obtain information on whether data on a specific person is present in eurodac , the member state designated authorities and europol may consult the cir . the cir can only be consulted : where reasonable grounds exist that the consultation will substantially contribute to the prevention , detection or investigation of the terrorist or other serious criminal offences , in particular where there is a substantiated suspicion that the suspect , perpetrator or victim of a terrorist offence or other serious criminal offence falls under the category of third country nationals whose data are stored in the ees , the vis , the etias and the eurodac system , and after a prior search in the national databases has been carried out and a query of the automated fingerprint identification system of the other member states under decision 2008 / 615 / jha has been launched .


### 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 , articles 13 and 14 of regulation 2016 / 679 , and article 13 of directive 2016 / 680 , 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 , about the relevant retention periods , the automated decision - making and the fact that personal data is not transferred or made available to third countries , international organisations or private parties with the exception of transfer to interpol , 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 .


### where the responsible member state or , where applicable , the member state to which the request has been made does not agree that data stored in the mid are factually inaccurate or have been recorded unlawfully , that member state shall adopt an administrative decision explaining in writing to the person concerned without delay why it is not prepared to correct or delete data relating to him or her . ### where the responsible member state or , where applicable , the member state to which the request has been made does not agree that data stored in the cir or mid are factually inaccurate or have been recorded unlawfully , that member state shall adopt an administrative decision explaining in writing to the person concerned without delay why it is not prepared to correct or delete data relating to him or her .


### 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 . ### processing of personal data for the purposes of this regulation shall not result in discrimination against persons on the grounds of sex , race , colour , ethnic or social origin , genetic features , language , religion or belief , political or any other opinion , membership of a national minority , property , birth , 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 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 .


### in order to exercise their rights under articles 13 , 14 , 15 and 16 of regulation 45 / 2001 and articles 15 , 16 , 17 and 18 of regulation 2016 / 679 , any person shall have the right to address him or herself to the member state responsible for the manual verification of different identities or of any member state , who shall examine and reply to the request . ### in order to exercise their rights under articles 13 , 14 , 15 and 16 of regulation 45 / 2001 , articles 15 , 16 , 17 and 18 of regulation 2016 / 679 , and articles 14 and 16 of directive 2016 / 680&#160 ; any person shall have the right to address him or herself to the member state responsible for the manual verification of different identities or of any member state , who shall examine and reply to the request .


### where , following an examination , it is found that the data stored in the multiple - identity detector are factually inaccurate or have been recorded unlawfully , the member state responsible or , where applicable , the member state to which the request has been made shall correct or delete these data . ### where , following an examination , it is found that the data stored in the multiple - identity detector are factually inaccurate or have been recorded unlawfully , the member state responsible or , where applicable , the member state to which the request has been made shall correct or delete these data . the member state shall send a written confirmation to the data subject .


### in order to exercise their rights under articles 13 , 14 , 15 and 16 of regulation 45 / 2001 and articles 15 , 16 , 17 and 18 of regulation 2016 / 679 , any person shall have the right to address him or herself to the member state responsible for the manual verification of different identities or of any member state , who shall examine and reply to the request . ### in order to exercise their rights under articles 13 , 14 , 15 and 16 of regulation 45 / 2001 , articles 15 , 16 , 17 and 18 of regulation 2016 / 679 , and articles 14 and 16 of directive 2016 / 680 , any person shall have the right to address him or herself to the member state responsible for the manual verification of different identities or of any member state , who shall examine and reply to the request


### where a member state police authority has been so empowered by national legislative measures as referred to in paragraph 2 , it may , solely for the purpose of identifying a person , query the cir with the biometric data of that person taken during an identity check . ### where a member state police authority has been so empowered by national legislative measures as referred to in paragraph 2 , it may , solely for the purpose of identifying a person , query the cir with the biometric data of that person taken during an identity check . this query of the cir shall only be carried out as a last resort measure , in presence of the person , where he or she is unable to cooperate and does not have a credible document proving his / her identity , where that person refuses to cooperate or where there are justified or well - founded grounds to believe that the documents presented are false or that the person is not telling the truth about his / her identity ;


### without prejudice to the provisions related to the handling of alerts in the sis referred to in the [ regulations on sis in the field of border checks , on sis in the field of law enforcement and on sis in the field of illegal return ] , and without prejudice to limitations necessary to protect security and public order , prevent crime and guarantee that any national investigation will not be jeopardised , where a red link is created , the authority responsible for verification of different identities shall inform the person of the presence of multiple unlawful identities . ### without prejudice to the provisions related to the handling of alerts in the sis referred to in the [ regulations on sis in the field of border checks , on sis in the field of law enforcement and on sis in the field of illegal return ] , and without prejudice to limitations necessary to protect security , prevent crime and guarantee that any national investigation will not be jeopardised , where a red link is created , the authority responsible for verification of different identities shall inform the person of the presence of multiple unlawful identities .


### the national file reference ; ### the reference to the national investigation or case ;


### a european search portal is established for the purposes of ensuring that member state authorities and eu bodies have fast , seamless , efficient , systematic and controlled access to the eu information systems , the europol data and the interpol databases that they need to perform their tasks in accordance with their access rights and of supporting the objectives of the ees , the vis , [ the etias ] , eurodac , the sis , [ the ecris - tcn system ] and the europol data . ### a european search portal is established for the purposes of ensuring that member state authorities and eu bodies have fast , seamless , efficient , systematic and controlled access to the eu information systems , the europol data and the interpol databases that they need to perform their tasks in accordance with their access rights and of supporting the objectives of the ees , the vis , [ the etias ] , eurodac , the sis , [ the ecris - tcn system ] and the europol data , while fully respecting the principles of necessity and proportionality .


### the data referred to in article 18 and shall be deleted from the cir in accordance with the data retention provisions of [ the eurodac regulation ] and [ the ecris - tcn regulation ] respectively . ### the data referred to in article 18 and shall be automatically deleted from the cir in accordance with the data retention provisions of [ the eurodac regulation ] and [ the ecris - tcn regulation ] respectively .


### 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 .


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


### the commission may request efsa to render its opinion if the update is liable to have an effect on human health . ### the commission shall request efsa to render its opinion if the update is liable to endanger human health .


### a high level of protection of human health and of consumers’ interests and the effective functioning of the internal market should be assured in the pursuit of union food policies , whilst ensuring transparency . ### a high level of protection of human health and of consumers’ interests and of the environment and the effective functioning of the internal market should be assured in the pursuit of union food policies , whilst ensuring transparency .


### emerging technologies in food production processes may have an impact on food and thereby on food safety . therefore , it should also be clarified that a food should be considered as a novel food where a production process which was not previously used for food production in the union is applied to that food or when foods contain or consist of engineered nanomaterials , as defined in article 2 of regulation no 1169 / 2011 of the european parliament and of the council16 . __________________ 16 regulation no 1169 / 2011 of the european parliament and of the council of 25 october 2011 on the provision of food information to consumers , amending regulation no 1924 / 2006 and no 1925 / 2006 of the european parliament and of the council , and repealing commission directive 87 / 250 / eec , council directive 90 / 496 / eec , commission directive 1999 / 10 / ec , directive 2000 / 13 / ec of the european parliament and of the council , commission directive 2002 / 67 / ec and 2008 / 5 / ec and commission regulation . ### emerging technologies in food production processes may have an impact on food and thereby on food safety and on the environment . therefore , it should also be clarified that a food should be considered as a novel food where a production process which was not previously used for food production in the union is applied to that food or when foods contain or consist of engineered nanomaterials , as defined in article 2 of regulation no 1169 / 2011 of the european parliament and of the council16 . __________________ 16 regulation no 1169 / 2011 of the european parliament and of the council of 25 october 2011 on the provision of food information to consumers , amending regulation no 1924 / 2006 and no 1925 / 2006 of the european parliament and of the council , and repealing commission directive 87 / 250 / eec , council directive 90 / 496 / eec , commission directive 1999 / 10 / ec , directive 2000 / 13 / ec of the european parliament and of the council , commission directive 2002 / 67 / ec and 2008 / 5 / ec and commission regulation .


### it does not , on the basis of the scientific evidence available , pose a safety risk to human health ; ### it does not , on the basis of the scientific evidence available , pose a safety risk to human health and where applicable the environment ;


### ' 3 . the commission shall , as appropriate , present proposals for measures to strengthen and complement the enforcement of the essential requirements and to ensure that new packaging is put on the market only if the producer has taken all necessary measures to minimise its environmental impact without compromising the essential functions of the packaging . ' ### in article 4 , paragraph 3 is replaced by the following : ' 3 . the commission shall , as appropriate , present proposals for measures to strengthen and complement the enforcement of the essential requirements and to ensure that packaging is put on the market only if the producer has taken all necessary measures to minimise its environmental impact without compromising the essential functions of the packaging . the commission shall in particular propose measures concerning non - recyclable packaging , packaging containing hazardous substances , disposable and excess packaging , as well as evaluating new packaging material , and assess their impact at union level . '


### ' such other measures may consist of national programmes , incentives through extended producer responsibility schemes to minimise the environmental impact of packaging or similar actions adopted , if appropriate , in consultation with economic operators , and designed to bring together and take advantage of the many initiatives taken within member states as regards prevention . they shall comply with the objectives of this directive as defined in article 1 ' ; ### ' those measures shall contribute to reaching a reduction in the packaging waste generation in order to contribute to the attainment of the objectives of the waste prevention programmes as set out in article 29 of directive 2008 / 98 / ec . they shall include incentives to minimise the environmental impact of packaging through extended producer responsibility schemes , and incentives for the take - up of re - usable packaging and deposit schemes as set out in article 5 of this directive . member state shall take measures to achieve a sustained reduction in the consumption of single use , non - recyclable packaging and over - packaging or similar actions adopted in consultation with economic operators , and designed to bring together and take advantage of the many initiatives taken within member states as regards prevention . , by way of derogation from article 18 of this directive , those measures may include the use of national reduction targets and market restrictions . they shall comply with the objectives of this directive as defined in article 1 ' ;


### the commission shall , as soon as possible and no later than 30 june 2005 , present a report to the european parliament and the council on the progress of the implementation of this directive and its impact on the environment , as well as on the functioning of the internal market . the report shall take into account individual circumstances in each member state . it shall cover the following : an evaluation of the effectiveness , implementation and enforcement of the essential requirements ; additional prevention measures to reduce the environmental impact of packaging as far as possible without compromising its essential functions ; the possible development of a packaging environment indicator to render packaging waste prevention simpler and more effective ; packaging waste prevention plans ; encouragement of reuse and , in particular , comparison of the costs and benefits of reuse and those of recycling ; producer responsibility including its financial aspects ; efforts to reduce further and , if appropriate , ultimately phase out heavy metals and other hazardous substances in packaging by 2010 . this report shall , as appropriate , be accompanied by proposals for revision of the related provisions of this directive , unless such proposals have , by that time , been presented . ### paragraph 8 is replaced by the following : ' 8 . the commission shall assess the progress of the implementation of this directive and its impact on the environment , as well as on the functioning of the internal market , taking into account individual circumstances in each member state . to this end , the commission shall , by 31 december 2024 at the latest , examine the targets laid down in article 6 and the progress towards achieving them , and considering setting targets for other waste streams . the commission shall consider the best practices and measures used by member states to reach the targets . to this end , a report of the commission , accompanied by a proposal , if appropriate , shall be sent to the european parliament and the council . '


### 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 preparing the reports on compliance with the targets set out in directive 94 / 62 / ec , member states should be required to use a common methodology for data collection and processing developed by the commission in cooperation with the national statistical offices of the member states and the national authorities responsible for waste management .


### the commission shall , as soon as possible and no later than 30 june 2005 , present a report to the european parliament and the council on the progress of the implementation of this directive and its impact on the environment , as well as on the functioning of the internal market . the report shall take into account individual circumstances in each member state . it shall cover the following : an evaluation of the effectiveness , implementation and enforcement of the essential requirements ; additional prevention measures to reduce the environmental impact of packaging as far as possible without compromising its essential functions ; the possible development of a packaging environment indicator to render packaging waste prevention simpler and more effective ; packaging waste prevention plans ; encouragement of reuse and , in particular , comparison of the costs and benefits of reuse and those of recycling ; producer responsibility including its financial aspects ; efforts to reduce further and , if appropriate , ultimately phase out heavy metals and other hazardous substances in packaging by 2010 . this report shall , as appropriate , be accompanied by proposals for revision of the related provisions of this directive , unless such proposals have , by that time , been presented . ### paragraph 8 is replaced by the following : ' 8 . the commission shall assess the progress of the implementation of this directive and its impact on the environment , as well as on the functioning of the internal market , taking into account individual circumstances in each member state . a report on the on - going assessment should be submitted to the european parliament and the council at a minimum every three years . to this end , the commission shall , by 31 december 2024 at the latest , examine the targets laid down in article 6 and the progress towards achieving them , and considering setting targets for other waste streams . the commission shall consider the best practices and measures used by member states to reach the targets . to this end , a report of the commission , accompanied by a proposal , if appropriate , shall be sent to the european parliament and the council . '


### through a progressive increase of the existing targets on preparing for re - use and recycling of packaging waste , it should be ensured that economically valuable waste materials are progressively and effectively recovered through proper waste management and in line with the waste hierarchy . that way it should be ensured that valuable materials found in waste are returned into the european economy , thus making progress in the implementation of the raw materials initiative15 and the creation of a circular economy . __________________ 15 com 442 . ### through a progressive increase of the existing targets on preparing for re - use and recycling of packaging waste , it should be ensured that economically valuable waste materials are progressively and effectively recovered through proper waste management and in line with the waste hierarchy . that way it should be ensured that valuable materials found in waste are returned into the european economy , thus making progress in the implementation of the raw materials initiative15 and the creation of a circular economy and , in the case of packaging material , without prejudice to food safety , consumer health and food contact materials legislation . __________________ 15 com 442 .


### 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 .


### paragraphs 5 , 8 , and 9 are deleted ; ### paragraphs 5 and 9 are deleted and paragraph 8 is replaced by the following : ' the commission shall , taking into account individual circumstances in each member state , assess the implementation of this directive with regard to the functioning of the internal market . this assessment shall be conducted at a minimum every three years and a report on that assessment shall be submitted to the european parliament and to the council . '


### ' member states may encourage reuse systems of packaging , which can be reused in an environmentally sound manner , in conformity with the treaty . ' ### in article 5 , paragraph 1 is replaced by the following : ' in order to achieve the objectives laid down in this directive , member states shall take measures to promote the re - use of products . these measures may include the setting up of systems promoting environmentally sound re - use activities of packaging . '


### 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 .


### 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 recycling and preparation for re - use it is essential to establish common rules on data collection , traceability , verification and 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 . the 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 . 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 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 the promotion of energy efficiency or renewable energy use and seismic retrofitting .


### 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 10% 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 .