### various factors , such as limited financial means , a fear of retaliation and exclusive choice of law and forum provisions in terms and conditions , can limit the effectiveness of existing judicial redress possibilities , particularly those which require business users or corporate website users to act individually and identifiably . to ensure the effective application of this regulation , organisations , associations representing business users or corporate website users , as well as certain public bodies set - up in member states , should be granted the possibility to take action before national courts . such action before national courts should aim to stop or prohibit infringements of the rules set out in this regulation and to prevent future damage that could undermine sustainable business relationships in the online platform economy . in order to ensure that such organisations or associations exercise that right effectively and in an appropriate manner , they should meet certain criteria . considering the particular status of the relevant public bodies in member states where such bodies have been set up , it should only be required that those have been specifically charged , in accordance with the relevant rules of national law , with bringing such actions either in the collective interest of the parties concerned or in the general interest , without there being a need to apply those criteria to such public bodies . any such actions should in no way affect the rights of the business users and corporate website users to take judicial action on an individual basis . ### various factors , such as limited financial means , a fear of retaliation and exclusive choice of law and forum provisions in terms and conditions , can limit the effectiveness of existing judicial redress possibilities , particularly those which require business users or corporate website users to act individually and identifiably . to ensure the effective application of this regulation , organisations , associations representing business users or corporate website users , as well as certain public bodies set - up in member states should be granted the possibility to take action before national courts . such action before national courts should aim to stop or prohibit infringements of the rules set out in this regulation and to prevent future damage that could undermine sustainable business relationships in the online platform economy . in order to ensure that such organisations or associations exercise that right effectively and in an appropriate manner they should meet certain criteria . considering the particular status of the relevant public bodies in member states where such bodies have been set up , it should only be required that those have been specifically charged , in accordance with the relevant rules of national law , with bringing such actions either in the collective interest of the parties concerned or in the general interest , without there being a need to apply those criteria to such public bodies . member states should also communicate to the commission which organisations , associations and public bodies which are qualified to bring an action according to the provisions of this regulation . this additional possibility of a designation by member states should provide for a certain level of legal certainty and predictability that business users and corporate website users can rely on . at the same time , it aims at making judicial procedures more efficient and shorter . the commission should ensure the publication of a list of these organisations , associations and public bodies in the official journal of the european union , whereby this list should serve as refutable proof of the legal capacity of the organisation , association or public body bringing the action . any such actions should in no way affect the rights of the business users and corporate website users to take judicial action on an individual basis .


### the envisaged modifications shall not be implemented before the expiry of a notice period which is reasonable and proportionate to the nature and extent of the envisaged modifications and to their consequences for the business user concerned . that notice period shall be at least 15 days from the date on which the provider of online intermediation services notifies the business users concerned about the envisaged modifications . ### the modifications shall not be implemented before the expiry of a notice period which is reasonable and proportionate to the nature and extent of the modifications and to their consequences for the business user concerned . that notice period shall be at least 10 days from the date on which the provider of online intermediation services notifies the business users concerned about the modifications .


### the statement of reasons referred to in paragraph 1 shall contain a reference to the specific facts or circumstances that led to the decision of the provider of online intermediation services , as well as a reference to the applicable objective ground or grounds for that decision referred to in article 3 . ### upon request from the business user , an additional statement of reasons referred to in paragraph 1 containing a reference to the specific facts or circumstances that led to the decision of the provider of online intermediation services , as well as a reference to the applicable objective ground or grounds for that decision referred to in article 3 shall be immediately be provided . the provider in the statement according to paragraph 1 shall state , in a clear and prominent manner , that this additional statement is available , free of charge , and shall ensure that it can be requested in a quick and easy way .


### that internal complaint - handling system shall be easily accessible for business users . it shall allow them to lodge complaints directly with the provider concerned regarding any of the following issues : ### that internal complaint - handling system shall be easily accessible for business users and ensure handling within a reasonable timeframe . it shall allow them to lodge complaints directly with the provider concerned regarding any of the following issues :


### the commission shall encourage the drawing up of codes of conduct by providers of online intermediation services and by organisations and associations representing them , intended to contribute to the proper application of this regulation , taking account of the specific features of the various sectors in which online intermediation services are provided , as well as of the specific characteristics of micro , small and medium - sized enterprises . ### the commission shall encourage the drawing up of codes of conduct by providers of online intermediation services and by organisations and associations representing them , together with business users and the organisations and associations representing them , that are intended to contribute to the proper application of this regulation , taking account of the specific features of the various sectors in which online intermediation services are provided , as well as of the specific characteristics of micro , small and medium - sized enterprises . in particular , codes of conducts shall address interoperability , barriers to switching and data portability .


### the management board , acting on a proposal from the commission that takes into account the assessment referred to in paragraph 4 , may extend the term of office of the executive director once , for no more than five years . ### the management board , acting on its own initiative or on a proposal from the commission that takes into account the assessment referred to in paragraph 4 , may extend the term of office of the executive director once , for no more than five years or may request the commission to initiate the process of selecting a new executive director .


### within the specific objectives set out in paragraph 2 , the instrument shall be implemented through the implementation measures listed in annex ii . ### within the specific objectives set out in paragraph 2 , the instrument shall be implemented inter alia through the implementation measures listed in annex ii .


### within the objectives referred to in article 3 and in line with the implementation measures listed in annex ii , the instrument shall in particular support the actions listed in annex iii . ### within the objectives referred to in article 3 and , where appropriate , in line with the implementation measures listed in annex ii , the instrument shall in particular support the actions listed in annex iii .


### member states may decide to purchase items for multi - purpose maritime operations supported by the instrument , provided that these items when operated by the relevant national authorities are involved in border surveillance operations at least 60 % of the total period of use for national purposes within a year . these items shall be registered at the technical equipment pool of the european border and coast guard agency in view of making these assets available in accordance with article 39 of regulation 2016 / 1624 ; ### member states may decide to purchase multi - purpose assets or develop ict - systems , provided that these items when operated by the relevant national authorities are involved in border surveillance operations at least 60 % of the total period of use for national purposes within a year . items shall be registered at the technical equipment pool of the european border and coast guard agency in view of making these assets available in accordance with article 39 of regulation 2016 / 1624 ;


### emerging technologies such as artificial intelligence , internet of things , high - performance computing and quantum computing , blockchain and concepts such as secure digital identities create at the same time new challenges for cybersecurity as well as offer solutions . assessing and validating the robustness of existing or future ict systems will require testing security solutions against attacks run on hpc and quantum machines . the competence centre , the network and the cybersecurity competence community should help advance and disseminate the latest cybersecurity solutions . at the same time the competence centre and the network should be at the service of developers and operators in critical sectors such as transport , energy , health , financial , government , telecom , manufacturing , defence , and space to help them solve their cybersecurity challenges . ### emerging technologies such as artificial intelligence , internet of things , high - performance computing and quantum computing , blockchain and concepts such as secure digital identities create at the same time new challenges for cybersecurity as well as offer solutions . assessing and validating the robustness of existing or future ict systems will require testing security solutions against attacks run on hpc and quantum machines . the competence centre , the network , the european digital innovation hubs and the cybersecurity competence community should help advance and disseminate the latest cybersecurity solutions . at the same time the competence centre and the network should be at the service of developers and operators in critical sectors such as transport , energy , health , financial , government , telecom , manufacturing , defence , and space to help them solve their cybersecurity challenges .


### the governing board of the competence centre , composed of the member states and the commission , should define the general direction of the competence centre’s operations , and ensure that it carries out its tasks in accordance with this regulation . the governing board should be entrusted with the powers necessary to establish the budget , verify its execution , adopt the appropriate financial rules , establish transparent working procedures for decision making by the competence centre , adopt the competence centre’s work plan and multiannual strategic plan reflecting the priorities in achieving the objectives and tasks of the competence centre , adopt its rules of procedure , appoint the executive director and decide on the extension of the executive director’s term of office and on the termination thereof . ### the governing board of the competence centre , composed of representatives of the member states , the commission and the european network and information security agency , should define the general direction of the competence centre’s operations , and ensure that it carries out its tasks in accordance with this regulation . the governing board should be entrusted with the powers necessary to establish the budget , verify its execution , adopt the appropriate financial rules , establish transparent working procedures for decision making by the competence centre , adopt the competence centre’s work plan and multiannual strategic plan reflecting the priorities in achieving the objectives and tasks of the competence centre , adopt its rules of procedure , appoint the executive director and decide on the extension of the executive director’s term of office and on the termination thereof .


### facilitate and help coordinate the work of the national coordination centres network referred to in article 6 and the cybersecurity competence community referred to in article 8 ; ### create and manage the national coordination centres network referred to in article 6 and coordinate its work with the european digital innovation hubs and the cybersecurity competence community referred to in article 8 ;


### the competence centre may be responsible for the overall execution of relevant joint procurement actions including pre - commercial procurements on behalf of members of the network , members of the cybersecurity competence community , or other third parties representing the users of cybersecurity products and solutions . for this purpose , the competence centre may be assisted by one or more national coordination centres or members of the cybersecurity competence community . ### the competence centre may be responsible for the overall execution of relevant joint procurement actions including pre - commercial procurements on behalf of members of the network , members of the cybersecurity competence community , or other third parties representing the users of cybersecurity products and solutions . for this purpose , the competence centre may be assisted by one or more national coordination centres or relevant european digital innovation hubs or members of the cybersecurity competence community .


### national coordination centres shall , where relevant , cooperate through the network for the purpose of implementing tasks referred to in points , , , and of paragraph 1 . ### national coordination centres shall , where relevant , cooperate through the network and coordinate with the relevant european digital innovation hubs for the purpose of implementing tasks referred to in points , , , , and of paragraph 1 .


### sis includes a central system and national systems with a full or partial copy of the sis database . considering that sis is the most important information exchange instrument in europe , it is necessary to ensure its uninterrupted operation at central as well as at national level . therefore each member state should establish a partial or full copy of the sis database and should set up its backup system . ### sis includes a central system and national systems which may contain a full or partial copy of the sis database . considering that sis is the most important information exchange instrument in europe , it is necessary to ensure its uninterrupted operation at central as well as at national level . therefore large investments are needed to bolster and improve the central system and its backup system .


### in order to maintain the efficient exchange of supplementary information concerning the action to be taken specified in the alerts , it is appropriate to reinforce the functioning of the sirene bureaux by specifying the requirements concerning the available resources , user training and the response time to the inquiries received from other sirene bureaux . ### in order to guarantee the quick and efficient exchange of supplementary information concerning the action to be taken specified in the alerts , it is appropriate to reinforce the functioning of the sirene bureaux by specifying the requirements concerning the available resources , user training and the response time to the inquiries received from other sirene bureaux .


### without prejudice to the responsibility of member states for the accuracy of data entered into sis , the agency should become responsible for reinforcing data quality by introducing a central data quality monitoring tool , and for providing reports at regular intervals to member states . ### without prejudice to the responsibility of member states for the accuracy of data entered into sis , the agency should become responsible for reinforcing data quality by introducing a central data quality monitoring tool , and for providing reports at regular intervals to member states . with a view to improving the quality and processing of data by end users , the eu - lisa agency must also be responsible for organising , particularly for sirene staff , training on how to use sis ii , in accordance with article 3 of its regulation . no 1077 / 2011 )


### in order to allow better monitoring of the use of sis to analyse trends concerning criminal offences , the agency should be able to develop a state - of - the - art capability for statistical reporting to the member states , the commission , europol and the european border and cost guard agency without jeopardising data integrity . therefore , a central statistical repository should be established . any statistic produced should not contain personal data . ### in order to allow better monitoring of the use of sis to analyse trends concerning criminal offences , the agency should be able to develop a state - of - the - art capability for statistical reporting to the member states , the european parliament , the commission , europol and the european border and cost guard agency without jeopardising data integrity . therefore , a central statistical repository should be established . any statistic produced should not contain personal data .


### this regulation should set out the conditions for use of dactylographic data and facial images for identification purposes . the use of facial images for identification purposes in sis should also help to ensure consistency in border control procedures where the identification and the verification of identity are required by the use of fingerprints and facial images . searching with dactylographic data should be mandatory if there is any doubt concerning the identity of a person . facial images for identification purposes should only be used in the context of regular border controls in self - service kiosks and electronic gates . ### this regulation should set out the conditions for use of dactyloscopic data , photographs and facial images for identification purposes . the use of dactyloscopic data and facial images for identification purposes in sis should also help to ensure consistency in border control procedures where the identification and the verification of identity are required by the use of fingerprints and facial images . searching with dactyloscopic data should be mandatory if there is any doubt concerning the identity of a person . a consultation with the help of fingerprints may be carried out before the entry of a new alert in order to check whether the person is already the subject of an alert in sis under another identity or another alert . facial images for identification purposes should only be used in the context of regular border controls in self - service kiosks and electronic gates .


### sis should contain alerts on missing persons to ensure their protection or to prevent threats to public security . issuing an alert in sis for children at risk of abduction should be limited , therefore it is appropriate to provide for strict and appropriate safeguards . in cases of children , these alerts and the corresponding procedures should serve the best interests of the child having regard to article 24 of the charter of fundamental rights of the european union and the united nations convention on the rights of the child of 20 november 1989 . ### sis should contain alerts on missing persons to ensure their protection or to prevent threats to public security . issuing an alert in sis for children at risk of abduction should be limited , therefore it is appropriate to provide for strict and appropriate safeguards . in cases of children , these alerts and the corresponding procedures should serve the best interests of the child having regard to article 24 of the charter of fundamental rights of the european union and the united nations convention on the rights of the child of 20 november 1989 . law enforcement authorities ' decisions on the follow up to an alert related to a child shall be taken in cooperation with child protection authorities and the national hotline for missing children shall be informed . in case of missing unaccompanied minors the purpose for competent authorities to access the data inserted in sis shall be to protect children and their best interest ;


### sis should contain alerts on missing persons to ensure their protection or to prevent threats to public security . issuing an alert in sis for children at risk of abduction should be limited , therefore it is appropriate to provide for strict and appropriate safeguards . in cases of children , these alerts and the corresponding procedures should serve the best interests of the child having regard to article 24 of the charter of fundamental rights of the european union and the united nations convention on the rights of the child of 20 november 1989 . ### sis should contain alerts on missing persons to ensure their protection or to prevent threats to public security . issuing , at the request of the competent judiciary authority , an alert in sis for children at risk of abduction and for minors in danger . in cases of children , these alerts and the corresponding procedures should serve the best interests of the child having regard to article 24 of the charter of fundamental rights of the european union and the united nations convention on the rights of the child of 20 november 1989 .


### entering and extending the expiry date of a sis alert should be subject to the necessary proportionality requirement , examining whether a concrete case is adequate , relevant and important enough to insert an alert in sis . offences pursuant to articles 1 , 2 , 3 and 4 of council framework decision 2002 / 475 / jha on combating terrorism50 constitute a very serious threat to public security and integrity of life of individuals and to society , and these offences are extremely difficult to prevent , detect and investigate in an area without internal border controls where potential offenders circulate freely . where a person or object is sought in relation to these offences , it is always necessary to create the corresponding alert in sis on persons sought for a criminal judicial procedure , on persons or objects subject to a discreet , inquiry and specific check as well as on objects for seizure , as no other means would be as effective in relation to that purpose . _________________ 50 council framework decision 2002 / 475 / jha of 13 june 2002 on combating terrorism . ### entering and extending the expiry date of a sis alert should be subject to the necessary proportionality requirement , examining whether a concrete case is adequate , relevant and important enough to insert an alert in sis . offences pursuant to titles ii and iii of directive 2017 / 541 on combating terrorism50 constitute a very serious threat to public security and integrity of life of individuals and to society , and these offences are extremely difficult to prevent , detect and investigate in an area without internal border controls where potential offenders circulate freely . where a person or object is sought or monitored as part of criminal proceedings in relation to these offences , it is always necessary to create the corresponding alert in sis on persons sought for a criminal judicial procedure , on persons or objects subject to a discreet , inquiry and specific check as well as on objects for seizure , as no other means would be as effective in relation to that purpose . the term ‘ criminal proceedings’ is understood to cover all stages of the proceedings , from the moment a person is suspected or accused of having committed a criminal offence until the decision on the final determination of whether that person committed the criminal offence concerned has become definitive . in exceptional circumstances , the member states should be able to derogate from that obligation only if entering an alert risks jeopardising an ongoing investigation or the safety of an individual , or when it would be contrary to the essential security interests of the member state concerned . _________________ 50 council framework decision 2002 / 475 / jha of 13 june 2002 on combating terrorism .


### the integrity of sis data is of primary importance . therefore , appropriate safeguards should be provided to process sis data at central as well as at national level to ensure the end - to - end security of data . the authorities involved in data processing should be bound by the security requirements of this regulation and be subject to a uniform incident reporting procedure . ### the integrity of sis data is of primary importance . therefore , appropriate safeguards should be provided to process sis data at central as well as at national level to ensure the end - to - end security of data . the authorities involved in data processing should be bound by the security requirements of this regulation , given the correct training on data processing , be subject to a uniform incident reporting procedure and informed of potential criminal offences and penalties in this field .


### data processed in sis in application of this regulation should not be transferred or made available to third countries or to international organisations . however , it is appropriate to strengthen cooperation between the european union and interpol by promoting an efficient exchange of passport data . where personal data is transferred from sis to interpol , these personal data should be subject to an adequate level of protection , guaranteed by an agreement , providing strict safeguards and conditions . ### data processed in sis and the related supplementary information exchanged in application of this regulation should not be transferred or made available to third countries or to international organisations . however , it is appropriate to strengthen cooperation between the european union and interpol by promoting an efficient exchange of passport data . where personal data is transferred from sis to interpol , these personal data should be subject to an adequate level of protection , guaranteed by an agreement , providing strict safeguards and conditions .


### the national independent supervisory authorities should monitor the lawfulness of the processing of personal data by the member states in relation to this regulation . the rights of data subjects for access , rectification and erasure of their personal data stored in sis , and subsequent remedies before national courts as well as the mutual recognition of judgments should be set out . therefore , it is appropriate to require annual statistics from member states . ### the national independent supervisory authorities should monitor the lawfulness of the processing of personal data by the member states in relation to this regulation , including the subsequent exchange and processing of supplementary information . the rights of data subjects for access , rectification , removal , erasure of their personal data stored in sis and of indemnity , and subsequent remedies before national courts as well as the mutual recognition of judgments should be set out . therefore , it is appropriate to require from member states a standard statistical system for annual reporting through a cooperation mechanism between the national supervising authorities and the european data protection supervisor .


### this regulation respects the fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union . in particular , this regulation seeks to ensure a safe environment for all persons residing on the territory of the european union and special protection for children who could be victim of trafficking or parental abduction while fully respecting the protection of personal data . ### this regulation respects the fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union . in particular , this regulation seeks to ensure a safe environment for all persons residing on the territory of the european union and special protection for children who could be victim of trafficking or parental abduction while fully respecting the protection of personal data . facial images , fingerprints , palm prints and dna of children shall be collected , stored , retrieved and used only for the purpose of the protection of the child and her / his best interest


### ‘ supplementary information’ means information not forming part of the alert data stored in sis , but connected to sis alerts , which is to be exchanged : ### ‘ supplementary information’ means information not forming part of the alert data stored in sis , but connected to sis alerts , which is to be exchanged by the sirene bureaux :


### each member state shall transmit its alerts via its n . sis office . ### each member state shall enter alerts on the basis of all available information falling under the scope of this regulation , and shall transmit its alerts via its n . sis office .


### each member state shall designate the authority which shall ensure the exchange and availability of all supplementary information in accordance with the provisions of the sirene manual , as referred to in article 8 . ### each member state shall designate the 24 / 7 fully operational national authority which shall ensure the exchange and availability of all supplementary information in accordance with the provisions of the sirene manual , as referred to in article 8 . the sirene bureau shall serve as the sole point of contact to member states for the exchange of supplementary information on alerts and to make it possible for the appropriate measures to be adopted when persons and objects have been registered in sis ii and are found following a hit .


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


### the sirene bureaux shall carry out their task in a quick and efficient manner , in particular by replying to a request as soon as possible but not later than 12 hours after the receipt of the request . ### the sirene bureaux shall carry out their task in a quick and efficient manner , in particular by replying to a request for supplementary information as soon as possible but not later than 6 hours after the receipt of the request .


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


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


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


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


### where a person or an object is sought by a member state in relation to an offence that falls under articles 1 to 4 of council framework decision 2002 / 475 / jha on combating terrorism , the member state shall , in all circumstances , create the corresponding alert under either article 34 , 36 or 38 as appropriate . ### where a person or an object is sought or monitored by a member state as part of a criminal proceeding in relation to an offence that falls under titles ii and iii of directive 2017 / 541 on combating terrorism , the member state shall , in all circumstances , create the corresponding alert under either article 34 , 36 or 38 as appropriate .


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


### the following categories of missing persons may be entered : ### the following categories of persons may be entered :


### paragraph 2 shall apply in particular to children and to persons who have to be interned following a decision by a competent authority . ### an alert on a child referred to in paragraph 2 shall be entered at the request of the competent authorities of the member state . the competent child protection authorities , including the national 116 000 hotline and , in case of missing unaccompanied children , the guardian , shall be informed ;


### member states shall ensure that the data entered in sis indicate which of the categories referred to in paragraph 2 the missing person falls into . further , member states shall also ensure that the data entered in sis indicate which type of missing or vulnerable person case is involved . the rules on the categorisation of the types of cases and the entering of such data shall be laid down and developed by means of implementing measures in accordance with the examination procedure referred to in article 72 . ### member states shall ensure that the data entered in sis indicate which of the categories referred to in paragraph 2 the missing person falls into . further , member states shall also ensure that the data entered in sis indicate which type of missing or vulnerable person case is involved . an alert on a child referred to in paragraph 2 needs to indicate to which category of missing child the alert falls into .


### member states shall ensure that the data entered in sis indicate which of the categories referred to in paragraph 2 the missing person falls into . further , member states shall also ensure that the data entered in sis indicate which type of missing or vulnerable person case is involved . the rules on the categorisation of the types of cases and the entering of such data shall be laid down and developed by means of implementing measures in accordance with the examination procedure referred to in article 72 . ### member states shall ensure that the data entered in sis indicate which of the categories referred to in paragraph 2 the missing or at - risk person falls into . further , member states shall also ensure that the data entered in sis indicate which type of missing or at - risk person case is involved . the rules on the categorisation of the types of cases and the entering of such data shall be laid down and developed by means of implementing measures in accordance with the examination procedure referred to in article 72 .


### where there is a clear indication that vehicles , boats or aircraft are connected with a person who is the subject of an alert pursuant to paragraph 2 , alerts on those vehicles , boats and aircraft may be issued in order to locate the person . in those cases the alert on the missing person and the alert on the object shall be linked in accordance with article 60 . the technical rules necessary for entering , updating , deleting and searching the data referred to in this paragraph shall be laid down and developed by means of implementing measures in accordance with the examination procedure referred to in article 72 . ### where there is a clear indication that vehicles , boats or aircraft are connected with a person who is the subject of an alert pursuant to paragraph 2 , alerts on those vehicles , boats and aircraft may be issued in order to locate the person . in those cases the alert on the missing or at - risk person and the alert on the object shall be linked in accordance with article 60 . the technical rules necessary for entering , updating , deleting and searching the data referred to in this paragraph shall be laid down and developed by means of implementing measures in accordance with the examination procedure referred to in article 72 .


### where a person as referred to in article 32 is located , the competent authorities shall , subject to paragraph 2 , communicate his or her whereabouts to the member state issuing the alert . in the case of missing children or children who need to be placed under protection the executing member state shall consult immediately the issuing member state in order to agree without delay on the measures to be taken in order to safeguard the best interest of the child . the competent authorities may , in the cases referred to in article 32 and , move the person to a safe place in order to prevent him or her from continuing his journey , if so authorised by national law . ### where a person as referred to in article 32 is located , the competent authorities shall , subject to paragraph 2 , communicate his or her whereabouts to the member state issuing the alert . in the case of missing children or children who need to be placed under protection the executing member state shall consult immediately child protection authorities and the national 116 000 hotline for missing children in order to agree without delay on the measures to be taken in order to safeguard the best interest of the child . the competent authorities may , in the cases referred to in article 32 , and , move the person to a safe place . if the alert concerns a child , the decision on the safe place shall take in consideration the vulnerability of the child and his or her best interest .


### the alert may be issued for the purposes of prosecuting criminal offences , executing a criminal sentence and for the prevention of threats to public security : ### the alert may be issued for the purposes of preventing , detecting , investigating and prosecuting criminal offences , executing a criminal sentence and for the prevention of threats to public security :


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


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


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


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


### any copies , as referred to in paragraph 6 , which lead to off - line databases may be retained for a period not exceeding 48 hours . that period may be extended in the event of an emergency until the emergency comes to an end . europol shall report any such extensions to the european data protection supervisor . ### any copies , as referred to in paragraph 6 , which lead to off - line databases may be retained for a period not exceeding 48 hours . that period may be extended in the event of an emergency until the emergency comes to an end . europol shall report any such extensions to the european data protection supervisor . the content , retention period and rules and formats of the logs shall be defined in line with article 12 .


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


### alerts for arrest for surrender or extradition purposes pursuant to article 26 shall be deleted once the person has been surrendered or extradited to the competent authorities of the issuing member state . they may also be deleted where the judicial decision on which the alert was based has been revoked by the competent judicial authority according to national law . ### without prejudice to the provisions on the compatibility of alerts set out in article 23b , alerts for arrest for surrender or extradition purposes pursuant to article 26 shall be deleted once the person has been surrendered or extradited to the competent authorities of the issuing member state . they may also be deleted automatically when an alert expires in accordance with article 51 or when a decision is adopted by the competent authority of the issuing member state or where it is deemed necessary under the provisions on the compatibility of alerts set out in article 23b , or where the judicial decision on which the alert was based has been revoked by the competent judicial authority according to national law .


### alerts on unknown wanted persons pursuant to article 40 shall be deleted in accordance with the following rules : ### without prejudice to the provisions on the compatibility of alerts set out in article 23b , alerts on unknown wanted persons pursuant to article 40 shall be deleted in accordance with the following rules :


### information in case of non - execution of alert ### if the alert cannot be executed , the following procedure shall apply : the requested member states shall directly inform the issuing member states and shall state the reasons , in accordance with the provisions set out in the sirene manual ; the member states concerned may agree on the action to be taken in line with their own national laws and the sis ii legal instruments ; if the required action cannot be carried out on persons involved in an activity referred to in titles ii and iii of directive 2017 / 541 on combating terrorism , the requested member state shall directly inform the european counter terrorism centre under europol ;


### where the cross - check reveals that the subject of the new alert and the person already in sis are indeed one and the same , the sirene bureau shall apply the procedure for entering multiple alerts as referred to in article 56 . where the outcome of the check is that there are in fact two different persons , the sirene bureau shall approve the request for entering the second alert by adding the necessary elements to avoid any misidentifications . ### where the cross - check reveals that the subject of the new alert and the person already in sis are indeed one and the same , the sirene bureau shall apply the procedure for entering multiple alerts as referred to in article 23b . where the outcome of the check is that there are in fact two different persons , the sirene bureau shall approve the request for entering the second alert by adding the necessary elements to avoid any misidentifications .


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


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


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


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


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


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


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


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


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


### liability ### liability and penalties


### the agency shall produce , daily , monthly and annual statistics showing the number of records per category of alert , the annual number of hits per category of alert , how many times sis was searched and how many times sis was accessed for the purpose of entering , updating or deleting an alert in total and for each member state . the statistics produced shall not contain any personal data . the annual statistical report shall be published . the agency shall also provide annual statistics on the use of the functionality on making an alert issued under pursuant to article 26 of this regulation temporarily non - searchable , in total and for each member state , including any extensions to the retention period of 48 hours . ### the agency shall produce , daily , monthly and annual statistics showing the number of records per category of alert , the annual number of hits per category of alert , how many times sis was searched and how many times sis was accessed for the purpose of entering , completing , updating or deleting an alert in total and for each member state . the statistics produced shall not contain any personal data . the annual statistical report shall be published . the agency shall also provide annual statistics on the use of the functionality on making an alert issued under pursuant to article 26 of this regulation temporarily non - searchable , in total and for each member state , including any extensions to the retention period of 48 hours .


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


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


### the propulsion of inland waterway vessels of net power less than 37 kw ; ### the propulsion or auxiliary purposes of inland waterway vessels of net power less than 37 kw ;


### before leaving the production line the engines must bear the marking required by this regulation . ### before leaving the production line engines manufactured in the union , as well as those manufactured outside the union , must bear the marking required by this regulation . this requirement shall in no way affect other markings required under member state or union legislation .


### ' foreign investor ' means a natural person of a third country or an undertaking of a third country intending to make or having made a foreign direct investment ; ### ' foreign investor ' means a natural person of a third country or an undertaking of a third country intending to make or having made a foreign direct investment or a natural person or an undertaking that holds the following rights in the investing undertaking :


### 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 or have involved 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 .


### in screening a foreign direct investment on the grounds of security or public order , member states and the commission may consider the potential effects on , inter alia : ### in screening a foreign direct investment on the grounds of security or public order , member states and the commission may consider the potential direct and indirect effects on , inter alia :


### 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 more than one member state , it shall issue an opinion addressed to the member state in which the foreign direct investment is planned or has been completed and addressed to the other member state which could potentially be impacted , or which have been impacted . the commission may issue an opinion irrespective of whether other member states choose to do so .


### the commission may request from the member state where the foreign direct investment is planned or has been completed any information necessary to issue the opinion referred to in paragraph 1 . ### upon request of the commission , the member state where the foreign direct investment is planned or has been completed shall deliver any information necessary to issue the opinion referred to in paragraph 1 .


### the commission shall address its opinion to the member state concerned within a reasonable period of time , and in any case no later than 25 working days following receipt of the information requested by the commission pursuant to paragraph 2 . where a member state has a screening mechanism in place as referred to in article 3 and the information on foreign direct investment undergoing screening has been received by the commission pursuant to article 8 , the opinion shall be delivered no later than 25 working days following receipt of such information . where additional information is needed to issue an opinion , the 25 - day period shall run from the date of receipt of the additional information . ### the commission shall address its opinion to the member state concerned within a reasonable period of time , and in any case no later than 25 working days following receipt of the information requested by the commission pursuant to paragraph 2 . where the information on foreign direct investment undergoing screening has been received by the commission pursuant to article 8 , the opinion shall be delivered no later than 25 working days following receipt of such information . where additional information is needed to issue an opinion , the 25 - day period shall run from the date of receipt of the additional information .


### information received as a result of the application of this regulation shall be used only for the purpose for which it was requested . ### information received as a result of the application of this regulation shall be used only for the purpose for which it was requested , without leading to the disclosure of a commercial , industrial or professional secret or of a commercial process , or of information whose disclosure would be contrary to public policy .


### where unaccompanied cash of a value of eur 10 000 or more is entering or leaving the union , the competent authorities of the member state through which the cash is entering or leaving may , following a risk analysis , require the sender or the recipient or their representative to make a disclosure declaration . the obligation to declare shall not be deemed to be fulfilled if the information provided is incorrect or incomplete or the cash is not made available for control . ### where unaccompanied cash of a value of eur 10 000 or more is entering or leaving the union , the sender or his representative shall declare the amount to the competent authorities of the member state of departure , in the case of a consignment leaving the union , or of destination in the case of a consignment entering the union , and shall attach a copy of his declaration to his consignment . if , at the time of a control resulting in the discovery of an undeclared sum , the competent authorities of the member state of destination or of the member state of departure are unable to contact the sender , they may require the recipient of the sum or his representative to make a disclosure declaration within a time limit which they shall set and which shall not exceed 30 days . the cash shall remain at the disposal of the competent authorities for purposes of checking until the recipient or his representative has signed this declaration or , if no declaration is made , until the expiry of the time limit . obligations to declare shall not be deemed to be fulfilled if the information provided is incorrect or incomplete .


### where unaccompanied cash of a value of eur 10 000 or more is entering or leaving the union , the competent authorities of the member state through which the cash is entering or leaving may , following a risk analysis , require the sender or the recipient or their representative to make a disclosure declaration . the obligation to declare shall not be deemed to be fulfilled if the information provided is incorrect or incomplete or the cash is not made available for control . ### where unaccompanied cash of a value of eur 10 000 or more is entering or leaving the union the sender or its representative shall declare that cash to the competent authorities of the member states through which the cash is entering or leaving , and join its declaration to the shipment . where the competent authorities carrying out the controls laid down in article 5 detect that the obligation to declare the cash was not fulfilled and are not able to contact the sender , they may require the recipient or its representative to make a disclosure declaration , within a set deadline which may not be longer than 30 days . the competent authorities retain cash until the recipient or its representative make the disclosure or , if no disclosure is made , until the deadline expires . the obligation to declare shall not be deemed to be fulfilled if the information provided is incorrect or incomplete or the cash is not made available for control .


### if the obligation under article 3 or the disclosure obligation under article 4 has not been fulfilled , the competent authorities shall establish in writing or in an electronic form an ex officio declaration which shall contain to the extent possible the details listed in article 3 or article 4 , as the case may be . ### if the obligation under article 3 or article 4 has not been fulfilled , the competent authorities shall establish in writing or in an electronic form an ex officio declaration which shall contain to the extent possible the details listed in article 3 or article 4 , as the case may be .


### the administrative decision referred to in paragraph 1 shall be accompanied by a statement of reasons , be communicated to the person affected at the time it is issued , and shall be subject to effective remedy in accordance with procedures provided for in national law . ### the administrative decision referred to in paragraph 1 , accompanied by a statement of reasons , shall be communicated to the person affected at the time it is issued .


### each member state shall introduce penalties to apply in the event of failure to comply with the obligation to declare laid down in articles 3 and 4 . such penalties shall be effective , proportionate and dissuasive . ### each member state shall introduce significant penalties to apply in the event of failure to comply with the obligation to declare laid down in articles 3 and 4 . such penalties shall be effective , proportionate and dissuasive .


### the commission shall be empowered to adopt delegated acts in accordance with article 49 to specify further the minimum standards for low - carbon and positive carbon impact benchmarks , including : ### the commission shall be empowered to adopt delegated acts in accordance with article 49 to specify further the minimum standards for low - carbon and positive carbon impact benchmarks in line with the paris agreement commitments as implemented in union law , including :


### to further facilitate mobility for boatmasters , all member states should be allowed , where practicable , to assess the necessary competence for addressing specific risks for navigation for all inland waterway stretches in the union where such risks are identified . ### to further facilitate mobility for boatmasters , all member states should , subject to the agreement of the member state where the stretch is located , be allowed to assess the competences necessary for navigating on a stretch with specific risks .


### with a view to further reducing administrative burden whilst rendering the documents less prone to tampering , the commission should as a second step , after the adoption of this directive , examine the possibility of introducing an electronic version of service record books and logbooks , as well as electronic professional cards incorporating union certificates of qualifications . in doing so , the commission should take existing technologies in other modes of transport into account , in particular road transport . after conducting an impact assessment including of cost - benefit and of the impacts on the fundamental rights , in particular in relation to the protection of personal data , the commission should present , if appropriate , a proposal to the european parliament and the council . ### with a view to further reducing the administrative burden whilst rendering the documents less prone to being tampered with , the commission should as a second step , and without delay , after the adoption of this directive , examine the possibility of replacing the paper version of union certificates of qualification , service record books and logbooks by new electronic tools such as electronic professional cards and electronic vessel units . in doing so , the commission should take existing technologies in other modes of transport into account , in particular road transport . after conducting an impact assessment including of cost - benefit and of the impacts on the fundamental rights , in particular in relation to the protection of personal data , the commission should present , if appropriate , a proposal to the european parliament and the council .


### in order to provide minimum harmonised standards for the certification of qualifications and to facilitate the exchange of information between member states and the implementation , monitoring and evaluation of this directive by the commission , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission as regards the setting of standards of competence , standards for medical fitness , standards for practical examinations , standards for the approval of simulators and standards defining the characteristics and conditions of use for a database kept by the commission to host a copy of key data related to union certificates of qualifications , service record books , logbooks and recognised documents . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level . the commission when preparing and drawing up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council . ### in order to provide the required harmonised standards for the certification of qualifications and to facilitate the exchange of information between member states and the implementation , monitoring and evaluation of this directive by the commission , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission as regards the setting of standards of competence based on cesni standards , standards for medical fitness , standards for practical and oral examinations , standards for the approval of simulators and standards defining the characteristics and conditions of use for a database kept by the commission to host a copy of key data related to union certificates of qualifications , service record books , logbooks and recognised documents . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level . the commission when preparing and drawing up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council .


### vessels where the length , breadth and draught is a volume of 100 cubic metres or more ; ### vessels for which the product of length , breadth and draught is a volume of 100 cubic metres or more ;


### ‘ navigation time’ means the time that deck crew members spent aboard during a journey performed by a vessel on inland waterways and validated by the competent authority ; ### ‘ navigation time’ means the time , measured in days , that deck crew members spent aboard during a journey performed by a vessel on inland waterways and validated by the competent authority , and includes time spent in a port or terminal for loading or unloading operations ;


### any union certificate of qualification referred to in articles 4 and 5 , as well as service record books and logbooks referred to in article 16 issued by the competent authorities in accordance with this directive , shall be valid on all union inland waterways . ### any union certificate of qualification referred to in articles 4 and 5 , as well as service record books and logbooks referred to in article 20 issued by the competent authorities in accordance with this directive , shall be valid on all union inland waterways .


### without prejudice to paragraph 2 , any certificate of qualification , service record book or logbook issued in accordance with national rules of a third country stipulating requirements that are identical to those laid down pursuant to this directive shall be valid on all union inland waterways , subject to the procedure and the conditions set out in paragraphs 4 and 5 of this article . ### without prejudice to paragraph 2 , certificates of qualification , service record books or logbooks issued in accordance with national rules of a third country that is linked to a navigable inland waterway of a member state stipulating requirements that are identical to those laid down pursuant to this directive shall be valid on all union inland waterways , subject to the procedure and the conditions set out in paragraphs 4 and 5 of this article .


### any third country may submit to the commission a request for recognition of certificates , service record books or logbooks issued by its authorities . the request shall be accompanied by all information necessary for determining that the issuing of these documents is subject to requirements identical to those laid down pursuant to this directive . ### any third country linked to a navigable inland waterway of a member state may submit to the commission a request for recognition of certificates , service record books or logbooks issued by its authorities . the request shall be accompanied by all information necessary for determining that the issuing of these documents is subject to requirements identical to those laid down pursuant to this directive .


### the commission shall adopt implementing acts establishing models for union certificates of qualification . those implementing acts shall be adopted in accordance with the advisory procedure referred to in article 30 . when adopting those acts the commission may make a reference to standards established by an international body . ### the commission shall adopt implementing acts establishing models for union certificates of qualification . those implementing acts shall be adopted in accordance with the advisory procedure referred to in article 30 . when adopting those implementing acts , the commission shall make reference to standards established by cesni , and set a date of application , provided that : those standards are available and up - to - date ; union interests are not compromised by changes in the decision - making process of cesni . where those conditions are not met , the commission may provide for or refer to other standards .


### without prejudice to the limitation referred to in paragraph 4 , union certificates of qualification for boatmasters shall be valid up to a maximum of 10 years . ### without prejudice to the limitation referred to in paragraph 4 , union certificates of qualification for boatmasters and union certificates of qualification for specific operations shall be valid up to a maximum of 5 years .


### issuing specific authorisations for boatmasters ### issuing and validity of specific authorisations for boatmasters


### renewal of union certificates of qualification ### renewal of union certificates of qualification and of specific authorisations for boatmasters


### upon expiry of the validity of a union certificate of qualification , member states shall , upon request , renew the certificate provided that : ### upon expiry of the validity of a union certificate of qualification , member states shall , upon request , renew the certificate and , where relevant , the specific authorisations included therein , provided that :


### for union certificate of qualification for crew members , satisfactory documentary evidence referred to in article 10 and is submitted ; ### for union certificates of qualification for deck crew members and specific authorisations other than the one referred to in article 6 , satisfactory documentary evidence referred to in article 10 and is submitted ;


### the commission shall be empowered to adopt delegated acts in accordance with article 29 to lay down the standards for competences and corresponding knowledge and skills in compliance with the essential requirements set out in annex ii . ### the commission shall adopt delegated acts in accordance with article 29 to lay down the standards for competences and corresponding knowledge and skills in compliance with the essential requirements set out in annex ii .


### to obtain documents referred to under points and , practical examinations may take place on board a vessel or on a simulator compliant with article 19 . for point , practical examinations may take place on board a vessel or an appropriate shore installation . ### to obtain documents referred to under points and , practical examinations may take place on board a vessel or on a simulator compliant with article 19 . for point , practical examinations may take place on board a vessel , on a simulator that complies with the requirements of article 19 or an appropriate shore installation .


### member states shall ensure that examinations referred to in article 15 are organised under their responsibility . they shall ensure that those examinations are conducted by examiners qualified to assess the competences and the corresponding knowledge and skills referred to in article 15 . ### member states shall ensure that examinations referred to in article 15 are organised under their responsibility . they shall ensure that those examinations are conducted by examiners qualified to assess the competences and the corresponding knowledge and skills referred to in article 15 . examiners shall not have a conflict of interest .


### those means may consist of a limited number of journeys to be carried out on the stretch concerned , a simulator examination , a multiple choice examination or a combination thereof . ### those means may consist of a limited number of journeys to be carried out on the stretch concerned , a simulator examination , a multiple choice examination or a combination thereof . for stretches with specific risks within the meaning of , point , point and point of article 8 , it shall be compulsory for a limited number of journeys to be carried out on the stretch concerned .


### any member state may carry out assessments of applicants’ competence for specific risks for stretches located in another member state based on the requirements established in accordance with paragraph 1 . upon request and in case of examination by means of multiple choice exams or simulators , member states referred to in paragraph 1 shall provide other member states with the available tools allowing them to carry out that assessment . ### any member state may carry out assessments of applicants’ competence for specific risks for stretches located in another member state based on the requirements established in accordance with paragraph 1 and with the explicit consent of the other member state concerned . upon request and in case of examination by means of multiple choice exams or simulators , member states referred to in paragraph 1 shall provide the member state carrying out the assessment with the available tools to enable it to carry out that assessment .


### the commission shall be empowered to adopt delegated acts in accordance with article 29 to lay down standards for the approval of simulators , specifying the minimum functional and technical requirements and administrative procedures in this regard , with the objective of ensuring that the simulators used for an assessment of competences are designed in such a way as to allow for the verification of the competences as prescribed under the standards for practical examinations referred to in article 15 . ### the commission shall adopt delegated acts in accordance with article 29 to lay down standards for the approval of simulators , specifying the minimum functional and technical requirements and administrative procedures in this regard , with the objective of ensuring that the simulators used for an assessment of competences are designed in such a way as to allow for the verification of the competences as prescribed under the standards for practical examinations referred to in article 15 .


### the commission shall be empowered to adopt delegated acts in accordance with article 29 and on the basis of the essential requirements for medical fitness referred to in annex iii to lay down the standards for medical fitness specifying the requirements with regards to medical fitness , in particular with regard to the tests that medical practitioners must carry out , the criteria they must apply to determine fitness for work and the list of restrictions and mitigation measures . ### the commission shall adopt delegated acts in accordance with article 29 and on the basis of the essential requirements for medical fitness referred to in annex iii to lay down the standards for medical fitness specifying the requirements with regards to medical fitness , in particular with regard to the tests that medical practitioners must carry out , the criteria they must apply to determine fitness for work and the list of restrictions and mitigation measures .


### to further facilitate the exchange of information between member states , the commission shall be empowered to adopt delegated acts in accordance with article 29 to complement the information in the registers for service record books and logbooks with other information required by the models of service record books and logbooks adopted pursuant to article 20 . ### to further facilitate the exchange of information between member states , the commission is empowered to adopt delegated acts in accordance with article 29 to complement the information in the registers for service record books and logbooks with other information required by the models of service record books and logbooks adopted pursuant to article 20 .


### the commission shall be empowered to adopt delegated acts in accordance with article 29 concerning the standards laying down the characteristics and conditions of use of this database , in particular to specify : ### the commission is empowered to adopt delegated acts in accordance with article 29 concerning the standards laying down the characteristics and conditions of use of this database , in particular to specify :


### member states shall ensure that the competence acquisition and assessment activities , and the administration of union certificates of qualifications , services record books and logbooks , are evaluated at intervals of no more than five years by independent bodies . ### member states shall ensure that the competence acquisition and assessment activities , and the administration of union certificates of qualifications , services record books and logbooks , are evaluated at intervals of no more than six years by independent bodies .


### the delegation of power referred to in articles 15 and , articles 19 , 21 and 23 and shall be conferred on the commission for an indeterminate period of time from . ### the power to adopt delegated acts referred to in article 15 and , article 19 , article 21 and article 23 and shall be conferred on the commission for a period of five years from . . . [ date of entry into force of this directive ] . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five - year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period .


### when exercising its power of delegation referred to in article 15 and , articles 19 , 21 and article 23 and the commission may adopt delegated acts which make a reference to standards established by an international body . ### when exercising its power of delegation referred to in article 15 and , articles 19 and 21 the commission shall adopt delegated acts which make reference to standards established by cesni , and set the date of application , provided that : those standards are available and up - to - date ; they comply with the requirements set out in the annexes , where relevant ; union interests are not compromised by changes in the decision - making process of cesni . where these conditions are not met , the commission may provide or refer to other standards .


### the commission shall evaluate this directive together with the implementing and delegated acts referred to in articles 8 , 10 , 20 and 29 and submit the results of the evaluation to the european parliament and the council no later than seven years after the date referred to in article 33 . ### the commission shall evaluate this directive together with the implementing and delegated acts referred to in articles 8 , 10 , 16 , 20 and 29 and submit the results of the evaluation to the european parliament and the council no later than eight years after the date referred to in article 35 .


### - have a minimum of five years ' work experience prior to the enrolment in the training programme ; ### - have a minimum of five years ' work experience prior to the enrolment in the training programme or 500 days work experience on a sea - going ship as a member of the deck crew or have completed any vocational training programme of a duration of not less than three years , prior to the enrolment of an approved training programme ;


### - have a minimum of five years ' work experience prior to the enrolment of an approved training programme ; ### - have a minimum of five years ' work experience or at least 500 days work experience on a sea - going ship as a member of the deck crew or have completed any vocational training programme of a duration of not less than 3 years , prior to the enrolment of an approved training programme ;


### - sail and manoeuvre , ensuring the safe operation of the vessel in all conditions on inland waterways ; ### - sail and manoeuvre , ensuring the safe operation of the vessel in all conditions on inland waterways including in situations with high traffic density ;


### the ees should have the objective of improving the management of external borders , preventing irregular immigration and facilitating the management of migration flows . the ees should , in particular and when relevant , contribute to the identification of any person who does not or no longer fulfils the conditions of duration of stay within the territory of the member states . ### the ees should have the objective of improving the management of external borders , creating a system which will calculate the authorised period of stay of each traveller , reducing waiting times during checks at borders and improving the quality of those checks for third country nationals , ensuring systematic and reliable identification of persons who have overstayed , improving european policy on visa liberalisation by means of the analysis of statistics produced by the ees , increasing internal security and fighting terrorism and serious crime , providing an aid to the reliable identification of persons and supplying a travel history .


### eu - lisa shall define the design of the physical architecture of the system including its communication infrastructure as well as the technical specifications and their evolution as regards the central system , the uniform interfaces , the secure communication channel between the ees central system and the vis central system and the communication infrastructure , which shall be adopted by the management board , subject to a favourable opinion of the commission . eu - lisa shall also implement any necessary adaptations to the vis deriving from the establishment of interoperability with the ees as well as from the implementation of the amendments to regulation no 767 / 2008 referred to in article 55 . ### eu - lisa shall define the design of the physical architecture of the system including its communication infrastructure as well as the technical specifications and their evolution as regards the central system , the uniform interfaces , the secure communication channel between the ees central system and the vis central system and between the ees central system and the eurodac central system and the communication infrastructure , which shall be adopted by the management board , subject to a favourable opinion of the commission . eu - lisa shall also implement any necessary adaptations to the vis deriving from the establishment of interoperability with the ees as well as from the implementation of the amendments to regulation no 767 / 2008 referred to in article 55 .


### eu - lisa shall develop and implement the central system , the national uniform interfaces , the secure communication channel between the ees central system and the vis central system , and the communication infrastructure as soon as possible after the entry into force of this regulation and the adoption by the commission of the measures provided for in article 33 . ### eu - lisa shall develop and implement the central system , the national uniform interfaces , the secure communication channel between the ees central system and the vis central system and between the ees central system and the eurodac central system , and the communication infrastructure as soon as possible after the entry into force of this regulation and the adoption by the commission of the measures provided for in article 33 .


### eu - lisa shall be responsible for the operational management of the central system , the secure communication channel between the ees central system and the vis central system and the national uniform interfaces . it shall ensure , in cooperation with the member states , at all times the best available technology , subject to a cost - benefit analysis . eu - lisa shall also be responsible for the operational management of the communication infrastructure between the central system and the national uniform interfaces and for the web - service referred to in article 12 . ### eu - lisa shall be responsible for the operational management of the central system , the secure communication channel between the ees central system and the vis central system and between the ees central system and the eurodac central system and the national uniform interfaces . it shall ensure , in cooperation with the member states , at all times the best available technology , subject to a cost - benefit analysis . eu - lisa shall also be responsible for the operational management of the communication infrastructure between the central system and the national uniform interfaces and for the web - service referred to in article 12 .


### the third country or international organisation agrees to use the data only for the purpose for which they were provided ; ### the third country or international organisation is able to guarantee and prove that the data are used only for the purpose for which they were provided ;


### in accordance with the 1989 united nations convention on the rights of the child and with the charter of fundamental rights of the european union , the best interests of the child should be a primary consideration of member states when applying this regulation . in assessing the best interests of the child , member states should , in particular , take due account of the minor’s well - being and social development , safety and security considerations and the views of the minor in accordance with his or her age and maturity , including his or her background . in addition , specific procedural guarantees for unaccompanied minors should be laid down on account of their particular vulnerability . ### - 1 a . recital 13 shall be replaced by the following : ' in accordance with the 1989 united nations convention on the rights of the child and with the charter of fundamental rights of the european union , the best interests of the child should be a primary consideration of member states when applying this regulation . in assessing the best interests of the child , member states should , in particular , take due account of the minor’s well - being and social development , safety and security considerations and the views of the minor in accordance with his or her age and maturity , including his or her background . the assessment of the best interests of the child in the context of a decision on the determination of the member state responsible for examining an application for international protection should always be carried out on an individual basis1a and before the decision on the member state responsible is taken . in addition , specific procedural guarantees for unaccompanied minors should be laid down on account of their particular vulnerability . __________________ 1a general comment n°14 on the right of the child to have his or her best interests taken as a primary consideration ) , 48 ) . '


### the member state , which is responsible pursuant to paragraph 4a , shall inform the following member states , as applicable , thereof : ### the member state , which is responsible pursuant to paragraph 4a or 4b , shall inform the following member states , as applicable , thereof :


### in order to ensure effective and efficient enforcement of the sector - specific rules on posting of workers and to avoid disproportionate administrative burdens for non - resident operators sector , specific administrative and control requirements should be established in the road transport sector , taking full advantage of control tools such as the digital tachograph . ### in order to ensure effective and efficient enforcement of the sector - specific rules on posting of workers and to avoid disproportionate administrative burdens for non - resident operators sector , standardised forms developed by the commission and reduced specific administrative and control requirements should be established in the road transport sector , taking full advantage of control tools such as the digital tachograph .


### proposal for a regulation of the european parliament and of the council establishing the rights and values programme ### proposal for a regulation of the european parliament and of the council establishing the citizens , rights and values programme


### those rights and values must continue to be promoted and enforced and shared among the citizens and peoples and be at the heart of the eu project . therefore , a new justice , rights and values fund , comprising the rights and values and the justice programmes shall be created in the eu budget . at a time where european societies are confronted with extremism , radicalism and divisions , it is more important than ever to promote , strengthen and defend justice , rights and eu values : human rights , respect for human dignity , freedom , democracy , equality , the rule of law . this will have profound and direct implications for political , social , cultural and economic life in the eu . as part of the new fund , the justice programme will continue to support the further development of union area of justice and cross - border cooperation . the rights and values programme will bring together the 2014 - 2020 programme rights , equality and citizenship established by regulation no 1381 / 2013 of the european parliament and of the council8 and the europe for citizens programme established by council regulation no 390 / 20149 , . _________________ 8 regulation no 1381 / 2013 of the european parliament and of the council of 17 december 2013 establishing a rights , equality and citizenship programme for the period 2014 to 2020 9 council regulation no 390 / 2014 of 14 april 2014 establishing the ‘ europe for citizens’ programme for the period 2014 - 2020 ### those rights and values must continue to be promoted and enforced and shared among the citizens and peoples and be at the heart of the eu project . therefore , a new justice , rights and values fund , comprising the rights and values and the justice programmes shall be created in the eu budget . at a time where european societies are confronted with extremism , radicalism and divisions , it is more important than ever to promote , strengthen and defend justice , rights and eu values : human rights , respect for human dignity , freedom , democracy , equality , the rule of law . this will have profound and direct implications for political , social , cultural and economic life in the eu . as part of the new fund , the justice programme will continue to support the further development of union area of justice and cross - border cooperation . the citizens , rights and values programme will bring together the 2014 - 2020 programme rights , equality and citizenship established by regulation no 1381 / 2013 of the european parliament and of the council8 and the europe for citizens programme established by council regulation no 390 / 20149 , . _________________ 8 regulation no 1381 / 2013 of the european parliament and of the council of 17 december 2013 establishing a rights , equality and citizenship programme for the period 2014 to 2020 9 council regulation no 390 / 2014 of 14 april 2014 establishing the ‘ europe for citizens’ programme for the period 2014 - 2020