### with a view to ensuring equal treatment for all applicants and beneficiaries of international protection , as well as in order to ensure consistency with the current union asylum acquis , in particular with directive 2011 / 95 / eu of the european parliament and of the council32 and regulation no [ … / … ] , this regulation includes applicants for subsidiary protection and persons eligible for subsidiary protection in its scope . _________________ 32 directive 2011 / 95 / eu of the european parliament and of the council of 13 december 2011 on standards for the qualification of third - country nationals or stateless persons as beneficiaries of international protection , for a uniform status for refugees or for persons eligible for subsidiary protection , and for the content of the protection granted . ### with a view to ensuring equal treatment for all applicants and beneficiaries of international protection , as well as in order to ensure consistency with the current union asylum acquis , in particular with directive 2011 / 95 / eu of the european parliament and of the council32 and with regulation xxx / xxx establishing a union resettlement framework and regulation no [ … / … ] , this regulation includes in its scope applicants for subsidiary protection and persons eligible for subsidiary protection , as well as persons granted international protection on the basis of resettlement under regulation xxx / xxx . _________________ 32 directive 2011 / 95 / eu of the european parliament and of the council of 13 december 2011 on standards for the qualification of third - country nationals or stateless persons as beneficiaries of international protection , for a uniform status for refugees or for persons eligible for subsidiary protection , and for the content of the protection granted .


### it is also necessary to require the member states promptly to take and transmit the fingerprint data of every applicant for international protection and of every third - country national or stateless person who is apprehended in connection with the irregular crossing of an external border of a member state or is found to be staying illegally in a member state , if they are at least six years of age . ### it is also necessary to require the member states promptly to take and transmit the biometric data of every applicant for international protection , of every third - country national or stateless person for whom they intend to conduct a resettlement procedure under regulation xxx / xxx and of every third - country national or stateless person who is apprehended in connection with the irregular crossing of an external border of a member state or is found to be staying illegally in a member state , if they are at least six years of age .


### in view of strengthening the protection of unaccompanied minors who have not applied for international protection and those children who may become separated from their families , it is also necessary to take fingerprints and a facial image for storage in the central system to help establish the identity of a child and assist a member state to trace any family or links they may have with another member state . establishing family links is a key element in restoring family unity and must be is closely linked to the determination of the best interests of the child and eventually , the determination of a durable solution . ### in order to protect and identify children who are the victims of human trafficking , who have gone missing or who have been kidnapped , and with a view to strengthening the protection of unaccompanied minors who have not applied for international protection and those children who may become separated from their families , it is also necessary to take fingerprints and a facial image for storage in the central system to help establish the identity of a child and assist a member state to trace any family or links they may have with another member state . establishing family links is a key element in restoring family unity and must be is closely linked to the determination of the best interests of the child and eventually , the determination of a durable solution .


### member states should refer to the commission ' s staff working document on implementation of the eurodac regulation as regards the obligation to take fingerprints adopted by the council on 20 july 201534 , which sets out a best practice approach to taking fingerprints of irregular third - country nationals . where a member state ' s national law allows for the taking of fingerprints by force or coercion as a last resort , those measures must fully respect the eu charter of fundamental rights . third - country nationals who are deemed to be vulnerable persons and minors should not be coerced into giving their fingerprints or facial image , except in duly justified circumstances that are permitted under national law . _________________ 34 com 150 final , 27 . 5 . 2015 ### member states should apply the guidelines to be established and monitored , jointly , by the european union agency for asylum and the european union agency for fundamental rights for a common practice taking fingerprints and facial images of irregular third - country nationals in compliance with the charter of fundamental rights of the european union , building upon the fra ' s 2015 checklist1a . where a member state ' s national law allows for the taking of fingerprints by coercion as a last resort , those measures must fully respect the eu charter of fundamental rights . third - country nationals who are deemed to be vulnerable persons and minors should not be coerced into giving their fingerprints or facial image . _________________ 1a fra checklist to act in compliance with fundamental rights when obtaining fingerprints for eurodac , 2015 http : / / fra . europa . eu / en / publication / 2015 / fundamental - rights - implications - obligation - provide - fingerprints - eurodac#checklist


### hits obtained from eurodac should be verified by a trained fingerprint expert in order to ensure the accurate determination of responsibility under regulation no [ … / … ] ; the exact identification of the third - country national or stateless person and the exact identification of the criminal suspect or victim of crime whose data might be stored in eurodac . hits obtained from eurodac based on facial images should also be verified where there is doubt that the result relates to the same person . ### hits obtained from eurodac should be verified by a trained fingerprint and facial identification expert in order to ensure the accurate determination of responsibility under regulation no [ … / … ] ; the exact identification of the third - country national or stateless person and the exact identification of the criminal suspect or victim of crime whose data might be stored in eurodac .


### third - country nationals or stateless persons who have requested international protection in one member state may try to request international protection in another member state for many years to come . therefore , the maximum period during which fingerprint and facial image data should be kept by the central system should be of considerable length . given that most third - country nationals or stateless persons who have stayed in the union for several years will have obtained a settled status or even citizenship of a member state after that period , a period of ten years should be considered a reasonable period for the storage of fingerprint and facial image data . ### the maximum period during which fingerprint and facial image data of third - country nationals or stateless persons who have requested international protection should be kept by the central system should be limited to what is strictly necessary and proportionate , in line with the principle of proportionality enshrined in article 52 of the charter and as interpreted by the case law of the cjeu . given that most third - country nationals or stateless persons who have stayed in the union for several years will have obtained a settled status or even citizenship of a member state after that period , a period of five years should be considered a reasonable period for the storage of fingerprint and facial image data .


### the storage period should be shorter in certain special situations where there is no need to keep fingerprint and facial data and all other personal data for that length of time . fingerprint and facial image data and all other personal data belonging to a third - country national should be erased immediately once third - country nationals or stateless persons obtain citizenship of a member state . ### the storage period should be shorter in certain special situations where there is no need to keep fingerprint and facial data and all other personal data for that length of time . fingerprint and facial image data and all other personal data belonging to a third - country national should be erased immediately and permanently once third - country nationals or stateless persons obtain citizenship of a member state .


### it is necessary to lay down clearly the respective responsibilities of the commission and eu - lisa , in respect of the central system and the communication infrastructure , and of the member states , as regards data processing , data security , access to , and correction of recorded data . ### it is necessary to lay down clearly the respective responsibilities of the commission and eu - lisa , in respect of the central system , the communication infrastructure and interoperability with other information systems , and of the member states , as regards data processing , data security , access to , and correction of recorded data .


### transfers of personal data obtained by a member state or europol pursuant to this regulation from the central system to any third country or international organisation or private entity established in or outside the union should be prohibited , in order to ensure the right to asylum and to safeguard applicants for international protection from having their data disclosed to a third country . this implies that member states should not transfer information obtained from the central system concerning : the name ; date of birth ; nationality ; the member state of origin or member state of allocation ; the details of the identity or travel document ; ; the place and date of application for international protection ; the reference number used by the member state of origin ; the date on which the fingerprints were taken as well as the date on which the member state transmitted the data to eurodac ; the operator user id ; and any information relating to any transfer of the data subject under [ regulation no 604 / 2013 ] . that prohibition should be without prejudice to the right of member states to transfer such data to third countries to which [ regulation no 604 / 2013 ] applies [ in accordance with regulation no [ … / 2016 ] respectively with the national rules adopted pursuant to directive [ 2016 / … / eu ] ] , in order to ensure that member states have the possibility of cooperating with such third countries for the purposes of this regulation . ### transfers of personal data obtained by a member state or europol pursuant to this regulation from the central system to any third country or international organisation or private entity established in or outside the union should be prohibited , in order to ensure the right to asylum and to safeguard applicants for international protection and third - country nationals and stateless persons for whom member states intend to conduct a resettlement procedure under regulation xxx / xxx from having their data disclosed to a third country . this implies that member states should not transfer information obtained from the central system concerning : the name ; date of birth ; nationality ; the member state of origin or member state of allocation or the member state of resettlement ; the details of the identity or travel document ; the place and date of application for international protection or resettlement ; the reference number used by the member state of origin ; the date on which the fingerprints were taken as well as the date on which the member state transmitted the data to eurodac ; the operator user id ; and any information relating to any transfer of the data subject under [ regulation no 604 / 2013 ] . that prohibition should be without prejudice to the right of member states to transfer such data to third countries to which [ regulation no 604 / 2013 ] applies [ in accordance with regulation no [ … / 2016 ] respectively with the national rules adopted pursuant to directive [ 2016 / … / eu ] ] , in order to ensure that member states have the possibility of cooperating with such third countries for the purposes of this regulation .


### taking fingerprints and facial images of minors from the age of six shall be carried out in a child - friendly and child - sensitive manner by officials trained specifically to enrol minor ' s fingerprints and facial images . the minor shall be informed in an age - appropriate manner using leaflets and / or infographics and / or demonstrations specifically designed to explain the fingerprinting and facial image procedure to minors and they shall be accompanied by a responsible adult , guardian or representative at the time their fingerprints and facial image are taken . at all times member states must respect the dignity and physical integrity of the minor during the fingerprinting procedure and when capturing a facial image . ### taking fingerprints and facial images of minors from the age of six shall be carried out in a child - friendly and child - sensitive manner by officials trained specifically to enrol minor ' s fingerprints and facial images . the minor shall be informed in an age - appropriate manner using leaflets and infographics and demonstrations specifically designed to explain the fingerprinting and facial image procedure to minors and they shall be accompanied by a legal guardian throughout the time their fingerprints and facial image are taken . at all times member states must respect the dignity and physical integrity of the minor during the fingerprinting procedure and when capturing a facial image .


### taking fingerprints and facial images of minors from the age of six shall be carried out in a child - friendly and child - sensitive manner by officials trained specifically to enrol minor ' s fingerprints and facial images . the minor shall be informed in an age - appropriate manner using leaflets and / or infographics and / or demonstrations specifically designed to explain the fingerprinting and facial image procedure to minors and they shall be accompanied by a responsible adult , guardian or representative at the time their fingerprints and facial image are taken . at all times member states must respect the dignity and physical integrity of the minor during the fingerprinting procedure and when capturing a facial image . ### taking fingerprints and facial images of minors from the age of six shall be carried out in a child - friendly , child - sensitive and gender - sensitive manner by officials trained specifically to enrol minor ' s fingerprints and facial images . the minor shall be informed orally , in a language he / she understands , in an age - appropriate manner using leaflets and / or infographics and / or demonstrations specifically designed to explain the fingerprinting and facial image procedure to minors and they shall be accompanied by a responsible adult , guardian or representative at the time their fingerprints and facial image are taken . at all times member states must respect the dignity and physical integrity of the minor during the fingerprinting procedure and when capturing a facial image .


### the procedure for taking fingerprints and a facial image shall be determined and applied in accordance with the national practice of the member state concerned and in accordance with the safeguards laid down in the charter of fundamental rights of the european union , in the convention for the protection of human rights and fundamental freedoms and in the united nations convention on the rights of the child . ### the procedure for taking fingerprints and a facial image shall be established and monitored , jointly , by the european union agency for asylum and fra , building upon the fra ' s 2015 checklist1a and applied by the member state concerned in full respect of human dignity and in accordance with the safeguards laid down in the charter of fundamental rights of the european union , in the convention for the protection of human rights and fundamental freedoms and in the united nations convention on the rights of the child . _________________ 1a fra checklist to act in compliance with fundamental rights when obtaining fingerprints for eurodac , 2015 http : / / fra . europa . eu / en / publication / 2015 / fundamental - rights - implications - obligation - provide - fingerprints - eurodac#checklist


### the procedure for taking fingerprints and a facial image shall be determined and applied in accordance with the national practice of the member state concerned and in accordance with the safeguards laid down in the charter of fundamental rights of the european union , in the convention for the protection of human rights and fundamental freedoms and in the united nations convention on the rights of the child . ### the taking of fingerprints or a facial image shall be performed with full respect for human dignity . the procedure for taking fingerprints and a facial image shall be determined and applied in accordance with the national practice of the member state concerned , follow the common approach set out in annex 1a to this regulation and be conducted in accordance with the safeguards laid down in the charter of fundamental rights of the european union , in the convention for the protection of human rights and fundamental freedoms and in the united nations convention on the rights of the child .


### the procedure for taking fingerprints and a facial image shall be determined and applied in accordance with the national practice of the member state concerned and in accordance with the safeguards laid down in the charter of fundamental rights of the european union , in the convention for the protection of human rights and fundamental freedoms and in the united nations convention on the rights of the child . ### the procedure for taking fingerprints and a facial image shall be determined and applied in accordance with the national practice of the member state concerned , in accordance with the safeguards laid down in the charter of fundamental rights of the european union , in the convention for the protection of human rights and fundamental freedoms and in the united nations convention on the rights of the child , and in accordance with the best practices for fingerprinting set out in annex ia .


### ' eurodac data ' means all data stored in the central system in accordance with article 12 , article 13 and article 14 ; ### ' eurodac data ' means all data stored in the central system in accordance with article 12 , article 12a , article 13 and article 14 ;


### data on persons covered by articles 10 , 13 and 14 which are processed in the central system shall be processed on behalf of the member state of origin under the conditions set out in this regulation and separated by appropriate technical means . ### data on persons covered by articles 10 , 12a , 13 and 14 which are processed in the central system shall be processed on behalf of the member state of origin under the conditions set out in this regulation and separated by appropriate technical means .


### in such cases , the security measures , access control and logging activities at the testing environment shall be equal to the ones for the eurodac production system . real personal data adopted for testing shall be rendered anonymous in such a way that the data - subject is no longer identifiable . ### in such cases , the security measures , access control and logging activities at the testing environment shall be equal to the ones for the eurodac production system . real personal data adopted for testing shall be subject to stringent conditions and rendered anonymous in such a way that the data - subject is no longer identifiable . all personal data shall be directly and permanently erased from the testing environment after the testing purposes have been achieved or the tests have been completed .


### procedure for comparison of data for applicants for international protection and third - country nationals apprehended crossing the border irregularly or illegally staying in the territory of a member state ### procedure for comparison of data for applicants for international protection , third - country nationals and stateless persons for whom a member state intends to conduct a resettlement procedure and third - country nationals apprehended crossing the border irregularly or illegally staying in the territory of a member state


### the central system shall automatically transmit the hit or the negative result of the comparison to the member state of origin following the procedures set out in article 26 . where there is a hit , it shall transmit for all data sets corresponding to the hit the data referred to in article 12 , 13 and 14 along with , where appropriate , the mark referred to in article 17 and . where a negative hit result is received , the data referred to in article 12 , 13 and 14 shall not be transmitted . ### the central system shall automatically transmit the hit or the negative result of the comparison to the member state of origin following the procedures set out in article 26 . where there is a hit , it shall transmit for all data sets corresponding to the hit the data referred to in articles 12 , 12b , 13 and 14 along with , where appropriate , the mark referred to in article 17 and . where a negative hit result is received , the data referred to in articles 12 , 12b , 13 and 14 shall not be transmitted .


### facial image data and data relating to the sex of the data - subject may be compared automatically with the facial image data and personal data relating to the sex of the data - subject transmitted by other member states and already stored in the central system in accordance with article 10 , 13 and 14 with the exception of those transmitted in accordance with article 11 and . ### facial image data and data relating to the sex of the data - subject may be compared automatically with the facial image data and personal data relating to the sex of the data - subject transmitted by other member states and already stored in the central system in accordance with articles 10 , 12a , 13 and 14 with the exception of those transmitted in accordance with article 11 and .


### for the purposes laid down in article 10 , each set of data relating to an applicant for international protection , as referred to in article 12 , shall be stored in the central system for ten years from the date on which the fingerprints were taken . ### for the purposes laid down in article 10 , each set of data relating to an applicant for international protection , as referred to in article 12 , shall be stored in the central system for five years from the date on which the fingerprints were first taken .


### data relating to a person who has acquired citizenship of any member state before expiry of the period referred to in article 17 , or shall be erased from the central system in accordance with article 28 as soon as the member state of origin becomes aware that the person concerned has acquired such citizenship . ### data relating to a person who has acquired citizenship of any member state before expiry of the period referred to in article 17 and , or shall be erased from the central system in accordance with article 28 as soon as the member state of origin becomes aware that the person concerned has acquired such citizenship .


### the central system shall , as soon as possible and no later than after 72 hours , inform all member states of origin of the erasure of data in accordance with paragraph 1 by another member state of origin having produced a hit with data which they transmitted relating to persons referred to in article 10 , 13 or 14 . ### the central system shall , as soon as possible and no later than after 72 hours , inform all member states of origin of the erasure of data in accordance with paragraph 1 by another member state of origin having produced a hit with data which they transmitted relating to persons referred to in articles 10 , 12a , 13 or 14 .


### where all the conditions for requesting a comparison referred to in articles 21 or 22 are fulfilled , the verifying authority shall transmit the request for comparison to the national access point which will process it to the central system in accordance with articles 15 and 16 for the purpose of comparison with the fingerprint and facial image data transmitted to the central system pursuant to articles 10 , 13 and 14 . ### where all the conditions for requesting a comparison referred to in articles 21 or 22 are fulfilled , the verifying authority shall transmit the request for comparison to the national access point which will process it to the central system in accordance with articles 15 and 16 for the purpose of comparison with the fingerprint and facial image data transmitted to the central system pursuant to articles 10 , 12a , 13 and 14 .


### - the automated fingerprinting identification systems of all other member states under decision 2008 / 615 / jha where comparisons are technically available , unless there are reasonable grounds to believe that a comparison with such systems would not lead to the establishment of the identity of the data subject . such reasonable grounds shall be included in the reasoned electronic request for comparison with eurodac data sent by the designated authority to the verifying authority ; and ### - the automated fingerprinting identification systems of all other member states under decision 2008 / 615 / jha ; and


### fingerprint data and the other data referred to in article 12 , article 13 and article 14 are lawfully transmitted to the central system ; ### fingerprint data and the other data referred to in article 12 , article 12a , article 13 and article 14 are lawfully transmitted to the central system ;


### the reference number referred to in articles 12 , 13 , 14 and 20 shall make it possible to relate data unambiguously to one particular person and to the member state which is transmitting the data . in addition , it shall make it possible to tell whether such data relate to a person referred to in article 10 , 13 or 14 . ### the reference number referred to in articles 12 , 12a , 13 , 14 and 20 shall make it possible to relate data unambiguously to one particular person and to the member state which is transmitting the data . in addition , it shall make it possible to tell whether such data relate to a person referred to in articles 10 , 12a , 13 or 14 .


### the reference number shall begin with the identification letter or letters by which the member state transmitting the data is identified . the identification letter or letters shall be followed by the identification of the category of person or request . ' 1” refers to data relating to persons referred to in article 10 , ' 2 ' to persons referred to in article 13 , ' 3” to persons referred to in article 14 , ' 4 ' to requests referred to in article 21 , ' 5 ' to requests referred to in article 22 and ' 9 ' to requests referred to in article 30 . ### the reference number shall begin with the identification letter or letters by which the member state transmitting the data is identified . the identification letter or letters shall be followed by the identification of the category of person or request . ' 1” refers to data relating to persons referred to in article 10 , ' 2 ' to persons referred to in article 13 , ' 3” to persons referred to in article 14 , ' 4 ' to requests referred to in article 21 , ' 5 ' to requests referred to in article 22 and ' 9 ' to requests referred to in article 30 , and “6” to persons referred to in article 12a .


### the result of the comparison of fingerprint data carried out pursuant to article 15 shall be immediately checked in the receiving member state by a fingerprint expert as defined in accordance with its national rules , specifically trained in the types of fingerprint comparisons provided for in this regulation . for the purposes laid down in article 1 and of this regulation , final identification shall be made by the member state of origin in cooperation with the other member states concerned . ### the result of the comparison of fingerprints and facial image carried out pursuant to article 15 shall be immediately checked in the receiving member state by a fingerprint and facial identification expert as defined in accordance with its national rules , specifically trained in the types of fingerprint and facial image comparisons provided for in this regulation . for the purposes laid down in article 1 and of this regulation , final identification shall be made by the member state of origin in cooperation with the other member states concerned .


### the authorities of member states which , pursuant to paragraph 1 of this article , have access to data recorded in the central system shall be those designated by each member state for the purposes laid down in article 1 and . that designation shall specify the exact unit responsible for carrying out tasks related to the application of this regulation . each member state shall without delay communicate to the commission and eu - lisa a list of those units and any amendments thereto . eu - lisa shall publish the consolidated list in the official journal of the european union . where there are amendments thereto , eu - lisa shall publish once a year an updated consolidated list online . ### the authorities of member states which , pursuant to paragraph 1 of this article , have access to data recorded in the central system shall be those designated by each member state for the purposes laid down in article 1 , and . that designation shall specify the exact unit responsible for carrying out tasks related to the application of this regulation . each member state shall without delay communicate to the commission and eu - lisa a list of those units and any amendments thereto . eu - lisa shall publish the consolidated list in the official journal of the european union . where there are amendments thereto , eu - lisa shall publish once a year an updated consolidated list online .


### for the purposes laid down in article 1 and , each member state shall take the necessary measures in order to achieve the objectives set out in paragraphs 1 and 2 of this article in relation to its national system . in addition , each member state shall keep records of the staff duly authorised to enter or retrieve the data . ### for the purposes laid down in article 1 , and , each member state shall take the necessary measures in order to achieve the objectives set out in paragraphs 1 and 2 of this article in relation to its national system . in addition , each member state shall keep records of the staff duly authorised to enter or retrieve the data .


### the purpose for which his or her data will be processed in eurodac , including a description of the aims of regulation no [ … / … ] , in accordance with article 6 thereof and an explanation in intelligible form of the fact that eurodac may be accessed by the member states and europol for law enforcement purposes ; ### the purpose for which his or her data will be processed in eurodac , including a description of the aims of regulation no [ … / … ] , in accordance with article 6 thereof and , where applicable , of the aims of regulation xxx / xxx and an explanation in intelligible form of the fact that eurodac may be accessed by the member states and europol for law enforcement purposes ;


### in relation to a person covered by article 10 or 13 or 14 , the obligation to have his or her fingerprints taken ; ### in relation to a person covered by articles 10 , 12a , 13 or 14 , the obligation to have his or her fingerprints taken ;


### in relation to a person covered by article 10 or 13 and 14 , the information referred to in paragraph 1 of this article shall be provided at the time when his or her fingerprints are taken . ### in relation to a person covered by articles 10 , 12a , 13 and 14 , the information referred to in paragraph 1 of this article shall be provided at the time when his or her fingerprints are taken .


### for the purposes laid down in article 1 and of this regulation , the data subject ' s rights of access , rectification and erasure shall be exercised in accordance , with chapter iii of regulation no . [ &#8230 ; / 2016 ] and applied as set out in this article . ### for the purposes laid down in article 1 , and of this regulation , the data subject ' s rights of access , rectification and erasure shall be exercised in accordance , with chapter iii of regulation no . [ &#8230 ; / 2016 ] and applied as set out in this article .


### each member state shall provide that the supervisory authority or authorities of each member state designated pursuant to article 41 of directive referred to in article [ 46 ] of regulation [ &#8230 ; / 2016 ] shall monitor the lawfulness of the processing of personal data by the member state in question for the purposes laid out in article 1 and , including their transmission to the central system . ### each member state shall provide that the supervisory authority or authorities of each member state designated pursuant to article 41 of directive referred to in article [ 46 ] of regulation [ &#8230 ; / 2016 ] shall monitor the lawfulness of the processing of personal data by the member state in question for the purposes laid out in article 1 , and , including their transmission to the central system .


### for the purpose laid down in paragraph 3 , the national supervisory authorities and the european data protection supervisor shall meet at least twice a year . the costs and servicing of these meetings shall be for the account of the european data protection supervisor . rules of procedure shall be adopted at the first meeting . further working methods shall be developed jointly as necessary . a joint report of activities shall be sent to the european parliament , the council , the commission and eu - lisa every two years . ### for the purpose laid down in paragraph 3 , the national supervisory authorities and the european data protection supervisor shall meet at least twice a year . the costs and servicing of these meetings shall be for the account of the european data protection supervisor . rules of procedure shall be adopted at the first meeting . further working methods shall be developed jointly as necessary . a joint report of activities , assessing the application of the data protection provisions of this regulation , as well as the necessity and proportionality of access to eurodac for law enforcement purposes , shall be sent to the european parliament , the council , the commission and eu - lisa every years .


### personal data obtained by a member state or europol pursuant to this regulation from the central system shall not be transferred or made available to any third country , international organisation or private entity established in or outside the union . this prohibition shall also apply if those data are further processed at national level or between member states within the meaning of [ article [ &#8230 ; ] of directive [ 2016 / . . / eu ] ] . ### personal data obtained by a member state or europol pursuant to this regulation from the central system shall not be transferred or made available to any third country , international organisation or private entity established in or outside the union . this prohibition shall also apply if those data are further processed at national level or between member states within the meaning of [ article [ &#8230 ; ] of directive [ 2016 / . . ] ] and regulation 2016 / 679 .


### personal data obtained by a member state or europol pursuant to this regulation from the central system shall not be transferred or made available to any third country , international organisation or private entity established in or outside the union . this prohibition shall also apply if those data are further processed at national level or between member states within the meaning of [ article [ &#8230 ; ] of directive [ 2016 / . . / eu ] ] . ### personal data obtained by a member state or europol pursuant to this regulation from the central system shall under no circumstances be transferred or made available to any third country , international organisation or private entity established in or outside the union . this prohibition shall also apply if those data are further processed at national level or between member states within the meaning of [ article [ . . . ] of directive [ 2016 / . . . ] ] .


### by [ … ] and every four years thereafter , the commission shall produce an overall evaluation of eurodac , examining the results achieved against objectives and the impact on fundamental rights , including whether law enforcement access has led to indirect discrimination against persons covered by this regulation , and assessing the continuing validity of the underlying rationale and any implications for future operations , and shall make any necessary recommendations . the commission shall transmit the evaluation to the european parliament and the council . ### by [ . . . ] and every four years thereafter , the commission shall produce an overall evaluation of eurodac , together with a full data protection and privacy impact assessment , examining the results achieved against objectives and the impact on fundamental rights , including whether law enforcement access has led to indirect discrimination against persons covered by this regulation , and assessing the continuing validity of the underlying rationale and any implications for future operations , and shall make any necessary recommendations . the commission shall transmit the evaluation to the european parliament and the council .


### ‘ waste from ships’ means all waste , including cargo residues , which is generated during the service of a ship or during loading , unloading and cleaning operations , or waste that is collected in nets during fishing operations , and falls under the scope of annexes i , ii , iv , v and vi to marpol ; ### ‘ waste from ships’ means all waste , including cargo residues , which is generated during the service of a ship or during loading , unloading , cleaning and ship repair operations , or waste that is collected in nets during fishing operations , and which falls under the scope of annexes i , ii , iv , v and vi to marpol ;


### ‘ cargo residues’ means the remnants of any cargo material on board which remain on the deck or in holds following loading and unloading , including loading and unloading excess or spillage , whether in wet or dry condition or entrained in wash - water , excluding cargo dust remaining on the deck after sweeping or dust of the external surfaces of the ship ; ### ‘ cargo residues’ means the remnants of any cargo material on board which remain on the deck , in holds or tanks following loading and unloading , including loading and unloading excess or spillage , whether in wet or dry condition or entrained in wash - water , excluding cargo dust remaining on the deck after sweeping or dust of the external surfaces of the ship ;


### ‘ sufficient storage capacity’ means enough capacity to store the waste on board from the moment of departure until the next port of call , including the waste that is likely to be generated during the voyage ; ### ‘ sufficient storage capacity’ means enough dedicated capacity for each type of waste to be stored on board from the moment of departure until the next port of call , including the waste that is likely to be generated during the voyage ;


### the master of a ship calling at a union port shall , before leaving the port , deliver all the waste carried on board of the ship to a port reception facility in accordance with the relevant discharge norms laid down in the marpol convention . ### the master of a ship calling at a union port shall , before leaving the port , deliver all the waste carried on board of the ship to a port reception facility in accordance with the relevant discharge norms laid down in the marpol convention . that requirement shall also apply to ballast water management , in accordance with the international convention of 13 february 2004 of the imo for the control and management of ships ' ballast water and sediments .


### if the next port of call is located outside the union , or there are good reasons to believe that adequate facilities are not available in the next port of call , or this port is unknown , the member state shall require the ship to deliver all its waste before departure . ### if , on the basis of the available information , including information electronically available in the information , monitoring and enforcement system referred to in article 14 of this directive or in gisis , it cannot be established that adequate facilities are available in the next port of call , or this port is unknown , the member state shall require the ship to deliver all its waste before departure .


### in order to restrict or prohibit the cultivation of gmos , some member states had recourse to the safeguard clauses and emergency measures pursuant to article 23 of directive 2001 / 18 / ec and article 34 of regulation no 1829 / 2003 as a result of , depending on the cases , new or additional information made available since the date of the consent and affecting the environmental risk assessment , or of the reassessment of existing information . other member states have made use of the notification procedure set out in article 114 and of the treaty on the functioning of the european union which requires putting forward new scientific evidence relating to the protection of the environment or the working environment . in addition , the decision - making process has proved to be particularly difficult as regards the cultivation of gmos in the light of the expression of national concerns which do not only relate to issues associated with the safety of gmos for health or the environment . ### in the past , in order to restrict or prohibit the cultivation of gmos , some member states had recourse to the safeguard clauses and emergency measures pursuant to article 23 of directive 2001 / 18 / ec and article 34 of regulation no 1829 / 2003 as a result of , depending on the cases , new or additional information made available since the date of the consent and affecting the environmental risk assessment , or of the reassessment of existing information . other member states have made use of the notification procedure set out in article 114 and of the treaty on the functioning of the european union which requires putting forward new scientific evidence relating to the protection of the environment or the working environment . in addition , the decision - making process has proved to be particularly difficult as regards the cultivation of gmos in the light of the expression of national concerns which do not only relate to issues associated with the safety of gmos for health or the environment .


### in accordance with article 2 tfeu , member states are therefore entitled to have a possibility , during the authorisation procedure and thereafter , to decide to restrict or prohibit the cultivation of a gmo on their territory with the effect of excluding cultivation of a specific gmo in all or part of that member state ' s territory . in that context , it appears appropriate to grant member states , in accordance with the principle of subsidiarity , more flexibility to decide whether or not they wish to cultivate gmo crops on their territory without affecting the risk assessment provided in the system of union authorisations of gmos , either in the course of the authorisation procedure or thereafter , and independently of the measures that member states are entitled to take by application of directive 2001 / 18 / ec to avoid the unintended presence of gmos in other products . the grant of that possibility to member states should facilitate the decision - making process in the gmo field . at the same time , freedom of choice of consumers , farmers and operators should be preserved whilst providing greater clarity to affected stakeholders concerning the cultivation of gmos in the union . this directive should therefore facilitate the smooth functioning of the internal market . ### in that context , it appears appropriate to grant member states , in accordance with the principle of subsidiarity , more flexibility to decide whether or not they wish to cultivate gmo crops on their territory without affecting the risk assessment provided in the system of union authorisations of gmos , either in the course of the authorisation procedure or thereafter , and independently of the measures that member states are required to take by application of directive 2001 / 18 / ec to avoid the unintended presence of gmos in other products on their territory and in border areas of neighbouring member states .


### in accordance with article 2 tfeu , member states are therefore entitled to have a possibility , during the authorisation procedure and thereafter , to decide to restrict or prohibit the cultivation of a gmo on their territory with the effect of excluding cultivation of a specific gmo in all or part of that member state ' s territory . in that context , it appears appropriate to grant member states , in accordance with the principle of subsidiarity , more flexibility to decide whether or not they wish to cultivate gmo crops on their territory without affecting the risk assessment provided in the system of union authorisations of gmos , either in the course of the authorisation procedure or thereafter , and independently of the measures that member states are entitled to take by application of directive 2001 / 18 / ec to avoid the unintended presence of gmos in other products . the grant of that possibility to member states should facilitate the decision - making process in the gmo field . at the same time , freedom of choice of consumers , farmers and operators should be preserved whilst providing greater clarity to affected stakeholders concerning the cultivation of gmos in the union . this directive should therefore facilitate the smooth functioning of the internal market . ### it appears appropriate to grant member states , in accordance with the principle of subsidiarity , more flexibility to decide whether or not they wish to cultivate gmo crops on their territory without affecting the risk assessment provided in the system of union authorisations of gmos , either in the course of the authorisation procedure or thereafter , and independently of the measures that member states are entitled to take by application of directive 2001 / 18 / ec to avoid the unintended presence of gmos in other products . the grant of that possibility to member states should facilitate the decision - making process in the gmo field . at the same time , freedom of choice of consumers , farmers and operators should be preserved e . g . for those who wish to use crops that are deemed safe as concluded by the european food safety authority whilst providing greater clarity to affected stakeholders concerning the cultivation of gmos in the union . this directive should therefore facilitate the smooth functioning of the internal market .


### in accordance with article 2 tfeu , member states are therefore entitled to have a possibility , during the authorisation procedure and thereafter , to decide to restrict or prohibit the cultivation of a gmo on their territory with the effect of excluding cultivation of a specific gmo in all or part of that member state ' s territory . in that context , it appears appropriate to grant member states , in accordance with the principle of subsidiarity , more flexibility to decide whether or not they wish to cultivate gmo crops on their territory without affecting the risk assessment provided in the system of union authorisations of gmos , either in the course of the authorisation procedure or thereafter , and independently of the measures that member states are entitled to take by application of directive 2001 / 18 / ec to avoid the unintended presence of gmos in other products . the grant of that possibility to member states should facilitate the decision - making process in the gmo field . at the same time , freedom of choice of consumers , farmers and operators should be preserved whilst providing greater clarity to affected stakeholders concerning the cultivation of gmos in the union . this directive should therefore facilitate the smooth functioning of the internal market . ### in that context , it appears appropriate to grant member states , in accordance with the principle of subsidiarity , more flexibility to decide whether or not they wish to cultivate gmo crops on their territory without affecting the risk assessment provided in the system of union authorisations of gmos , either in the course of the authorisation procedure or thereafter , and independently of the measures that member states are required to take by application of directive 2001 / 18 / ec to avoid the unintended presence of gmos in other products on their territory . member states are required to cooperate with the neighbouring member states with a view to ensuring appropriate information sharing , aiming to prevent cross - border gmo contamination .


### in addition , and only where the notifier / applicant has refused to adjust the geographical scope of the notification / application of a gmo as requested by a member state , there should be the possibility for that member state to adopt reasoned measures restricting or prohibiting the cultivation of that gmo once authorised in all or part of its territory , on the basis of grounds distinct from those assessed according to the harmonized set of union rules , that is directive 2001 / 18 / ec and regulation no 1829 / 2003 , which are in conformity with union law . those grounds may be related to environmental or agricultural policy objectives , or other compelling grounds such as town and country planning , land use , socio - economic impacts , co - existence and public policy . those grounds may be invoked individually or in combination , depending on the particular circumstances of the member state , region or area in which those measures will apply . ### without prejudice to the possibility provided for a member state to request the adjustment of the geographical scope of a notification / application , there should always be the possibility for a member state to act as risk manager and adopt reasoned measures restricting or prohibiting the cultivation of a gmo or of groups of gmos defined by crop or trait or of all gmos once authorised in all or part of its territory , on the basis of grounds relating to the public interest , which are in conformity with union law . those grounds may be related to environmental or agricultural policy objectives , or other legitimate factors such as socio - economic impacts , where those factors have not been addressed as part of the harmonised procedure provided for in part c of directive 2001 / 18 / ec , or to persisting scientific uncertainty . those measures should be duly justified on scientific grounds or on grounds relating to other legitimate factors which might arise from the deliberate release or the placing on the market of gmos . those grounds may be invoked individually or in combination , depending on the particular circumstances of the member state , region or area in which those measures will apply .


### in addition , and only where the notifier / applicant has refused to adjust the geographical scope of the notification / application of a gmo as requested by a member state , there should be the possibility for that member state to adopt reasoned measures restricting or prohibiting the cultivation of that gmo once authorised in all or part of its territory , on the basis of grounds distinct from those assessed according to the harmonized set of union rules , that is directive 2001 / 18 / ec and regulation no 1829 / 2003 , which are in conformity with union law . those grounds may be related to environmental or agricultural policy objectives , or other compelling grounds such as town and country planning , land use , socio - economic impacts , co - existence and public policy . those grounds may be invoked individually or in combination , depending on the particular circumstances of the member state , region or area in which those measures will apply . ### without prejudice to the possibility provided for a member state to request the adjustment of the geographical scope of a notification / application , there should always be the possibility for a member state to adopt reasoned measures restricting or prohibiting the cultivation of a gmo or of groups of gmos defined by crop or trait or of all gmos once authorised in all or part of its territory , on the basis of grounds relating to the public interest , which are in conformity with union law . those grounds may be related to environmental or agricultural policy objectives , or other legitimate factors such as socio - economic impacts , where those factors have not been addressed as part of the harmonised procedure provided for in part c of directive 2001 / 18 / ec , or to persisting scientific uncertainty . those grounds may be invoked individually or in combination , depending on the particular circumstances of the member state , region or area in which those measures will apply


### on expiry of the 75 - day period referred to in the first subparagraph , and no later than two years after the date that the consent / authorisation is granted , the member state concerned may adopt the measures either in the form originally proposed , or as amended to take account of any comments received from the commission . those measures shall be communicated to the commission , the other member states and the notifier / applicant without delay . ### on expiry of the 75 - day period referred to in the first subparagraph , the member state concerned may , for the whole duration of the consent / authorisation and as from the date of entry into force of the union authorisation , adopt the measures either in the form originally proposed , or as amended to take account of any comments received from the commission . those measures shall be communicated to the commission , the other member states and the authorisation holder without delay .


### where the application is pending and the notifier / applicant has explicitly or tacitly agreed to such a request within 30 days from the communication of that request , the geographical scope of the notification / application shall be adjusted accordingly . the written consent issued under this directive and , where applicable , the decision issued in accordance with article 19 as well as the decision of authorisation adopted under articles 7 and 19 of regulation no 1829 / 2003 shall be issued on the basis of the adjusted geographical scope of the notification / application as explicitly or tacitly agreed by the notifier / applicant . ### where the application is pending and the notifier / applicant has explicitly or tacitly agreed to such a request within 30 days from the communication of that request , the geographical scope of the notification / application shall be adjusted accordingly . the written consent issued under this directive and , where applicable , the decision issued in accordance with article 19 as well as the decision of authorisation adopted under articles 7 and 19 of regulation no 1829 / 2003 shall be issued on the basis of the adjusted geographical scope of the notification / application as explicitly or tacitly agreed by the notifier / applicant . the commission shall make public such agreement .


### to strengthen the visibility of the esrb as a body that is separate from its individual members , the chair of the esrb should be able to delegate tasks related to the external representation of the esrb to the head of the esrb secretariat . ### to strengthen the visibility of the esrb as a body that is separate from its individual members , the chair of the esrb should be able to delegate tasks related to the external representation of the esrb to the head of the esrb secretariat or to the vice - chairs of the esrb .


### to ensure the quality and relevance of the esrb opinions , recommendations and decisions , the advisory technical committee and advisory scientific committee are expected to consult stakeholders , where appropriate , at an early stage and in an open and transparent manner . ### to ensure the quality and relevance of the esrb opinions , recommendations and decisions , the advisory technical committee and advisory scientific committee are expected to consult stakeholders and relevant experts , where appropriate , at an early stage and in an open and transparent manner .


### paragraph 8 is replaced by the following : “8 . the chair shall represent the esrb externally . the chair may delegate tasks related to the external representation of the esrb to the head of the secretariat ; ” ### paragraph 8 is replaced by the following : “8 . the chair shall represent the esrb externally . the chair may delegate tasks related to the external representation of the esrb to the head of the secretariat or to the vice - chairs of the esrb ; ”


### paragraph 5 is replaced by the following : “5 . where appropriate , the advisory scientific committee shall organise consultations with stakeholders at an early stage and in an open and transparent manner , while taking into account the requirement of confidentiality . ; ” ### paragraph 5 is replaced by the following : “5 . where appropriate , the advisory scientific committee shall organise consultations with stakeholders and relevant experts at an early stage and in an open and transparent manner , while taking into account the requirement of confidentiality . ; ”


### the following paragraph 4a is inserted : “4a . where appropriate , the advisory technical committee shall organise consultations with stakeholders at an early stage and in an open and transparent manner , while taking into account the requirement of confidentiality . ; ” ### the following paragraph 4a is inserted : “4a . where appropriate , the advisory technical committee shall organise consultations with stakeholders and relevant experts at an early stage and in an open and transparent manner , while taking into account the requirement of confidentiality . ; ”


### in the digital economy , information about individuals is often and increasingly seen by market participants as having a value comparable to money . digital content is often supplied not in exchange for a price but against counter - performance other than money i . e . by giving access to personal data or other data . those specific business models apply in different forms in a considerable part of the market . introducing a differentiation depending on the nature of the counter - performance would discriminate between different business models ; it would provide an unjustified incentive for businesses to move towards offering digital content against data . a level playing field should be ensured . in addition , defects of the performance features of the digital content supplied against counter - performance other than money may have an impact on the economic interests of consumers . therefore the applicability of the rules of this directive should not depend on whether a price is paid for the specific digital content in question . ### in the digital economy , information about individuals is often and increasingly seen by market participants as having a value comparable to money . digital content is often supplied not in exchange for a price but against counter - performance other than money , i . e . by giving access to personal data . those specific business models apply in different forms in a considerable part of the market and can provide value to consumers by reducing costs and increasing innovation and choice of digital content and services . introducing a differentiation depending on the nature of the counter - performance would discriminate between different business models ; it would provide an unjustified incentive for businesses to move towards offering digital content against data . on the other hand , providing the same rights to consumers when they supply personal data by way of counterperformance other than money might incentivise consumers to opt for the supply of digital content in exchange for the supply of personal data rather than the payment of money . there should therefore be a balance between the rights and remedies provided for . in addition , defects of the performance features of the digital content supplied against counter - performance other than money may have an impact on the economic interests of consumers . therefore , the applicability of the rules of this directive should as far as possible not depend on whether a price is paid for the digital content in question .


### content generated by consumers should be treated on the same basis as any other digital content that the consumer provides or stores throughout the period of duration of the contract such as music and video files , pictures , games or applications . content generated by consumers comprises a wide range of examples including digital images , video and audio files , blogs , discussion forums , text - based collaboration formats , posts , chats , tweets , logs , podcasting , content created on mobile devices , content created in the context of online virtual environments , ratings and collections of links referring to online content . ### content that the consumer provides or stores throughout the duration of the contract , such as music and video files , pictures , games or applications , can be of a certain value to consumers if it is portable to another service . it can also comprise a wide range of things such as digital images , video and audio files , blogs , discussion forums , text - based collaboration formats , posts , chats , tweets , logs , podcasting , content created on mobile devices , content created in the context of online virtual environments , ratings and collections of links referring to online content .


### this directive should not deal with copyright and other intellectual property related aspects of the supply of digital content . therefore it should be without prejudice to any rights and obligations according to copyright law and other intellectual property laws . ### this directive should not deal with copyright and other intellectual property related aspects of the supply of digital content . therefore it should be without prejudice to any rights and obligations according to copyright law and other intellectual property laws . consequently , while the provision of content under a free or open licence , such as free and open source software , is treated as a contract in several jurisdictions , the adherence to the terms of the licence , such as the condition to distribute any copies or modifications of the content under the same licence terms , should not be considered as a counter - performance in the meaning of this directive , because these conditions are merely meant to guarantee the freedom to share and modify content to all subsequent users , without constituting a specific benefit to the supplier . free or open licences should therefore not give rise to obligations under this directive , even if they can be considered to be a contract .


### there are various ways for digital content to reach consumers . it is opportune to set simple and clear rules as to the modalities and the time for performing the supplier ' s main contractual obligation to supply digital content to the consumer . considering that the supplier is not in principle responsible for acts or omissions of an internet provider or an electronic platform which the consumer selected for receiving the digital content , it should be sufficient for the supplier to supply the digital content to this third party . with regard to the time of supply , in line with market practices and technical possibilities , the digital content should be supplied immediately , unless the parties decide to agree otherwise in order to cater for other supply models . ### there are various ways for digital content to reach consumers . it is opportune to set simple and clear rules as to the modalities and the time for performing the supplier ' s main contractual obligation to supply digital content to the consumer . considering that the supplier is not in principle responsible for acts or omissions of an internet provider or an electronic platform which the consumer selected for receiving the digital content , it should be sufficient for the supplier to supply the digital content to this third party . with regard to the time of supply , in line with market practices and technical possibilities , the digital content should be able to adapt to a technical problem encountered by a third party or to other supply models . if the supplier acts as a distributor for a creator of digital content , it must be clear for the consumer that he is entitled only to reimbursement or a replacement , but on no account to repair , a process which can be dealt with only by the creator .


### while data - driven services and technologies bring significant benefits , they also create some vulnerabilities . as recognised by the digital single market strategy a high level of network and information security is essential across the european union to ensure respect of fundamental rights such as the right to privacy and personal data , to increase user confidence and strengthen their trust in the digital economy . as software becomes pervasive , qualities such as reliability , security and adaptability to evolving needs are also becoming a prime concern . it is therefore increasingly important that those data - driven services and technologies ensure that those qualities are guaranteed , to the extent that is proportionate to the role and function those technologies play . in particular , quality in terms of security and reliability is becoming an important concern for innovative , composite services that have to rely on the interconnection of diverse systems in different domains . ### while data - driven services and technologies bring significant benefits , they also create some vulnerabilities . as recognised by the digital single market strategy a high level of network and information security is essential across the european union to ensure respect of fundamental rights such as the right to privacy and personal data , to increase user confidence and strengthen their trust in the digital economy . as software becomes pervasive , qualities such as reliability , security and adaptability to evolving needs are also becoming a prime concern . it is therefore increasingly important that those data - driven services and technologies ensure that those qualities are guaranteed , to the extent that is proportionate to the role and function those technologies play . in particular , quality in terms of security and reliability is becoming an important concern for innovative , composite services that have to rely on the interconnection of diverse systems in different domains . in this context it is important to stress that security updates and upgrades are a necessary element to secure the operating software of goods such as smartphones , which require the installation of the most recent version for the lifespan of the device as soon as possible in order to be protected against exploitation by persons acting with malicious intent .


### when applying the rules of this directive , suppliers should make use of standards , open technical specifications , good practices and codes of conduct , including in relation to the commonly used data format for retrieving the content generated by the user or any other content provided by the consumer , whether established at the international level , the european level or at the level of a specific industry sector . in this context , the commission may consider the promotion of the development of international and european standards and the drawing up of a code of conduct by trade associations and other representative organisations that could support the uniform implementation of the directive . ### when applying the rules of this directive , suppliers should make use of standards , open technical specifications , good practices and codes of conduct , including in relation to the commonly used data format for retrieving the content generated by the user or any other content provided by the consumer , whether established at the international level , the european level or at the level of a specific industry sector . in this context , the commission calls for the development of international and european standards and the drawing up of a code of conduct by trade associations and other representative organisations that could support the uniform implementation of the directive .


### conformity should cover material as well as legal defects . third party rights might effectively bar the consumer from enjoying the digital content or some of its features in accordance with the contract if those third party rights are infringed , and if when the third party rightfully compels the supplier to stop infringing those rights and to discontinue offering the digital content in question . legal defects are particularly important for digital content , which , by its nature , is subject to intellectual property rights . therefore the supplier should be obliged to ensure that the digital content is free from any right of a third party , for example a copyright claim related to the digital content , which precludes the consumer from enjoying the digital content in accordance with the contract . ### conformity should cover material as well as legal defects . third party rights might effectively bar the consumer from enjoying the digital content or some of its features in accordance with the contract if those third party rights are infringed , and if when the third party rightfully compels the supplier to stop infringing those rights and to discontinue offering the digital content in question . legal defects are particularly important for digital content , which , by its nature , is subject to intellectual property rights . therefore the content supplier should guarantee that third - party rights have been respected . if the rights of a third party have been violated , that party may hold the supplier liable and call upon it to cease supplying the content in question . in that event , the supplier will be legally liable vis - à - vis the consumer .


### the supplier should be liable to the consumer for the lack of conformity with the contract and for any failure to supply the digital content . moreover , given that digital content may be supplied over a period of time , it is justified that the supplier should be liable for any lack of conformity which occurs during that period . ### the supplier should be liable to the consumer for the lack of conformity with the contract and for any failure to supply the digital content . moreover , given that digital content may be supplied over a period of time , the supplier may be found liable if a lack of conformity occurs during that period , if the consumer proves that no change has been made to the contract , in particular as concerns the digital environment and / or technical specifications .


### upon termination the supplier should also refrain from using the content generated by the consumer . however , in those cases where more than one consumer generated particular content , the supplier is entitled to continue to use the content generated by the consumer where those other consumers make use of it . ### upon termination , the supplier should also refrain from using the content provided by the consumer . however , in cases where more than one consumer has generated particular content , the supplier should be entitled to continue to use the content generated by the consumer where those other consumers make use of it .


### any lack of conformity which exists at the time the digital content is supplied ; and ### the consumer shall be entitled to a remedy for any lack of conformity with the contract of the digital content where that lack of conformity becomes apparent within two years from the time of supply of the digital content .


### where the contract provides that the digital content shall be supplied over a period of time , any lack of conformity which occurs during the duration of that period . ### where the contract provides that the digital content is to be supplied over a period of time , any lack of conformity which occurs during that period . the burden of proof shall remain on the supplier throughout that period .


### where the contract provides that the digital content shall be supplied over the period of time stipulated in the contract , the supplier may alter functionality , interoperability and other main performance features of the digital content such as its accessibility , continuity and security , to the extent those alternations adversely affect access to or use of the digital content by the consumer , only if : ### where the contract provides that the digital content is to be supplied over a period of time stipulated in the contract , the supplier may alter functionality , interoperability and other main performance features of the digital content , such as its accessibility , continuity and security , to the extent that this does not alter unilaterally , and without a valid reason , the conformity of the digital content with the contract , only if :


### certain union acts , in particular in the area of financial services , such as regulation no 596 / 2014 on market abuse49 , and commission implementing directive 2015 / 2392 , adopted on the basis of that regulation50 , already contain detailed rules on whistleblower protection . such existing union legislation , including the list of part ii of the annex , should be complemented by the present directive , so that these instruments are fully aligned with its minimum standards whilst maintaining any specificities they provide for , tailored to the relevant sectors . this is of particular importance to ascertain which legal entities in the area of financial services , the prevention of money laundering and terrorist financing are currently obliged to establish internal reporting channels . _________________ 49 oj l 173 , p . 1 . 50 commission implementing directive 2015 / 2392 of 17 december 2015 on regulation no 596 / 2014 of the european parliament and of the council as regards reporting to competent authorities of actual or potential infringements of that regulation . ### certain union acts , in particular in the area of financial services , such as regulation no 596 / 2014 on market abuse , and commission implementing directive 2015 / 2392 , adopted on the basis of that regulation 50 , already contain detailed rules on whistleblower protection . such existing union legislation , including the list of part ii of the annex , should be complemented by the present directive , so that these instruments are fully aligned with its minimum standards whilst maintaining any specificities they provide for , tailored to the relevant sectors . this is of particular importance to ascertain which legal entities in the area of financial services , the prevention of money laundering , the proper implementation of the late payments directive 2011 / 7 / eu , terrorist financing and cyber - crime are currently obliged to establish internal reporting channels .


### private legal entities of any size operating in the area of financial services or vulnerable to money laundering or terrorist financing , as regulated under the union acts referred to in the annex . ### private legal entities of any size operating in the area of financial services or vulnerable to money laundering , terrorist financing or cyber - crime , as regulated under the union acts referred to in the annex


### a single sector interoperability perspective is associated with the risk that the adoption of different or incompatible solutions at national or sectoral levels will throw up new e - barriers that impede the proper functioning of the internal market and the associated freedoms of movement , and undermine the openness and competitiveness of markets and the delivery of services of general interest to citizens and enterprises . in order to mitigate this risk , member states and the union should step up joint efforts to avoid market fragmentation and ensure cross - border or cross - sector interoperability in the implementation of legislation , while reducing administrative burdens and costs , and promote commonly agreed ict solutions , while ensuring appropriate governance . ### a single sector interoperability perspective is associated with the risk that the adoption of different or incompatible solutions at national or sectoral levels will throw up new e - barriers that impede the proper functioning of the internal market and the associated freedoms of movement , and undermine the openness and competitiveness of markets and the delivery of services of general interest to citizens and enterprises . in order to mitigate this risk , member states and the union should step up joint efforts to avoid market fragmentation and ensure cross - border or cross - sector interoperability in the implementation of legislation , while reducing administrative burdens and costs , and promote commonly agreed ict solutions , while ensuring appropriate governance . security of data use and cloud storage should also be covered by isa2 programme .


### the assessment , update and promotion of existing common specifications and standards and the development , establishment and promotion of new common specifications and standards through the union’s standardisation platforms and in cooperation with european or international standardisation organisations as appropriate ; and ### the assessment , update and promotion of existing common specifications and standards and the development , establishment and promotion of new common specifications and standards through the union’s standardisation platforms and in cooperation with european or international standardisation organisations as appropriate , including with regard to the security of data transmission , processing and storage ; and


### an internal gas market that operates smoothly is the best guarantee of security of energy supply across the union and to reduce the exposure of individual member states to the harmful effects of supply disruptions . where a member state ' s security of supply is threatened , there is a risk that measures developed unilaterally by that member state may jeopardise the proper functioning of the internal gas market and damage the gas supply to customers in other member states . to allow the internal gas market to function even in the face of a shortage of supply , provision must be made for solidarity and coordination in the response to supply crises , as regards both preventive action and the reaction to actual disruptions of supply . ### an internal gas market that operates smoothly is the best guarantee of security of energy supply across the union and to reduce the exposure of individual member states to the harmful effects of supply disruptions . where a member state ' s security of supply is threatened , there is a risk that measures developed unilaterally by that member state may jeopardise the proper functioning of the internal gas market and damage the gas supply to customers in other member states . to allow the internal gas market to function even in the face of a shortage of supply , provision must be made for solidarity and coordination in the response to long term severe supply shortages , as regards both preventive action and the reaction to actual disruptions of supply . these goals have to respect to the highest degree possible market economy principles .


### in a spirit of solidarity , regional cooperation , involving both public authorities and natural gas undertakings , should be the guiding principle of this regulation , to identify the relevant risks in each region and optimise the benefits of coordinated measures to mitigate them and to implement the most cost - effective measures for union consumers . ### in a spirit of solidarity , regional cooperation , involving both public authorities and natural gas undertakings should be the guiding principle of this regulation , to identify the relevant risks in each region and optimise the benefits of coordinated measures at local , regional and cross - border level , in order to mitigate them and consolidate the security of the gas supply and to implement the most cost - effective measures for union consumers . regional cooperation should further increase the role of the union in supporting cross - border cooperation efforts and should be complemented with a stronger union perspective , allowing recourse to all available supplies and tools in the entire internal gas market . this could be facilitated by providing in - depth analysis at union level on the relevant emergency supply corridors , based on gas supply sources common for a group of member states . in the framework of the regional cooperation the existing and the new infrastructure projects can be developed so that cross - border interconnections enhance security of gas supply . a further possibility to take into account when defining the regional groups should be the inclusion of future member states involved in an enlargement process .


### in order to make the regional cooperation feasible , member states should establish a cooperation mechanism within each region . such mechanism or mechanisms should be developed sufficiently in time to allow for conducting the risk assessment and drawing up meaningful plans at regional level . member states are free to agree on a cooperation mechanism best suited for a given region . the commission should have a facilitating role in the overall process and share best practises for arranging regional cooperation such as a rotating coordination role within the region for the preparation of the different documents or establishing dedicated bodies . in absence of an agreement on the cooperation mechanism , the commission may propose a suitable cooperation mechanism for a given region . ### in order to make the regional cooperation feasible , member states should establish clear administrative mechanisms , at intra - and interregional level , that would apply in emergency situations and on the basis of which the competent authorities could act . such mechanism or mechanisms should be developed sufficiently in time and ensure a high degree of transparency to allow for conducting the risk assessment and drawing up meaningful plans at regional level and avoiding unfair costs for consumers . member states are free to agree on a cooperation mechanism best suited for a given region and this mechanism may be reconfigured in line with the energy dynamic . the commission should have a standard - setting and facilitating role in the overall process and share best practises for arranging regional cooperation such as a rotating coordination role within the region for the preparation of the different documents or establishing dedicated bodies . in absence of an agreement on the cooperation mechanism , the commission should propose a suitable cooperation mechanism for a given region .


### when conducting a comprehensive risk assessment to be prepared at regional level , competent authorities should assess natural , technological , commercial , financial , social , political and market - related risks , and any other relevant ones , including , where appropriate , the disruption of the supplies from the single largest supplier . all risks should be addressed by effective , proportionate and non - discriminatory measures to be developed in the preventive action plan and the emergency plan . the results of the risk assessments should also contribute to the all hazard risk assessments foreseen under article 6 of decision no 1313 / 2013 / eu18 . __________________ 18 decision no 1313 / 2013 / eu of the european parliament and of the council of 17 december 2013 on a union civil protection mechanism . ### when conducting a comprehensive risk assessment to be prepared at regional level , competent authorities should assess natural , technological , infrastructural , commercial , financial , social , political and market - related risks , and any other relevant ones , including , where appropriate , the disruption of the supplies from the single largest supplier . all risks should be addressed by effective , proportionate and non - discriminatory measures to be developed in the preventive action plan and the emergency plan . these plans should be subject to a consultation process with the industry . the competent authorities should consider also the opportunities offered by decentralized , sustainable and affordable solutions , including biogas , as well as the eu - wide energy efficiency targets . the results of the risk assessments should also contribute to the all hazard risk assessments foreseen under article 6 of decision no 1313 / 2013 / eu18 . __________________ 18 decision no 1313 / 2013 / eu of the european parliament and of the council of 17 december 2013 on a union civil protection mechanism .


### to ensure maximum preparedness , so as to avoid a supply disruption and mitigate its effects should it nevertheless occur , the competent authorities of a given region must draw up preventive action plans and emergency , after consulting stakeholders . regional plans should take account of the specific characteristics of each member state . they should also clearly define the roles and responsibilities of the natural gas undertakings and the competent authorities . national measures to be designed should take fully account of the regional measures set out in the preventive action plan and emergency plan . they should be so designed as to address national risks in a way that takes full advantage of the opportunities provided by regional cooperation . the plans should be technical and operational in nature , their function being to help prevent the occurrence or escalation of an emergency and to mitigate its effects . the plans should take the security of electricity systems into account and be consistent with the energy union’s strategic planning and reporting tools . ### to ensure maximum preparedness , so as to avoid a supply disruption and mitigate its effects should it nevertheless occur , the competent authorities of a given region must draw up preventive action plans and emergency , after consulting stakeholders . regional plans should take account of the specific characteristics of each member state . they should also clearly define the roles and responsibilities of the natural gas undertakings and the competent authorities . national measures to be designed should take fully account of the regional measures set out in the preventive action plan and emergency plan . they should be so designed as to address national risks in a way that takes full advantage of the opportunities provided by regional cooperation . the plans should be technical and operational in nature , their function being to help prevent the occurrence or escalation of an emergency , to mitigate its effects and to avoid the emergence of unfair costs for consumers . the plans should take the security of electricity systems into account and be consistent with the energy union’s strategic planning and reporting tools .


### whenever member states plan to introduce non - market - based measures , such measures should be accompanied by a description of their economic impact . this ensures customers have the information they need about the costs of such measures and ensures that the measures are transparent , especially as regards their share in the gas price . ### whenever member states as a last resort plan to introduce non - market - based measures , such measures should be accompanied by a description of their economic impact and a mechanism of compensation to the operators . this ensures customers have the information they need about the costs of such measures and ensures that the measures are transparent , especially as regards their share in the gas price .


### as demonstrated by the october 2014 stress test , solidarity is needed to ensure security of supply across the union and to keep overall costs to a minimum . if an emergency is declared in any member state , a two - step approach should be applied to strengthen solidarity . firstly , all member states which have introduced a higher supply standard should reduce it to default values to make the gas market more liquid . secondly , if the first step fails to provide the necessary supply , further measures by neighbouring member states , even if not in an emergency situation , should be triggered to ensure the supply to households , essential social services and district heating installations in the member state experiencing the emergency . member states should identify and describe the details of these solidarity measures in their emergency plans , ensuring fair and equitable compensation of the natural gas undertakings . ### as demonstrated by the october 2014 stress test , solidarity based on regional cooperation is needed to ensure security of supply across the union and to keep overall costs to a minimum . this solidarity should be defined on three levels of action – bilateral or regional , interregional and union – and it should not be left to an individual regional group alone if a consistent and uniform approach at the union level is needed . if an emergency is declared in any member state , a two - step approach should be applied to strengthen solidarity . firstly , all member states which have introduced a higher supply standard should reduce it to default values to make the gas market more liquid . secondly , if the first step fails to provide the necessary supply , further measures by neighbouring member states , even if not in an emergency situation , should be triggered to ensure the supply to households , essential social services and district heating installations in the member state experiencing the emergency . member states should identify and describe the details of these solidarity measures in their emergency plans , ensuring fair and equitable compensation of the natural gas undertakings .


### since gas supplies from third countries are central to the security of the union gas supply , the commission should coordinate action with regard to third countries , work with supplying and transit countries on arrangements to handle crisis situations and ensure a stable gas flow to the union . the commission should be entitled to deploy a task force to monitor gas flows into the union in crisis situations , in consultation with the third countries involved , and , where a crisis arises from difficulties in a third country , to act as mediator and facilitator . ### since gas supplies from third countries are central to the security of the union gas supply , the commission should coordinate action with regard to third countries , work with supplying and transit countries on arrangements to handle crisis situations and ensure a stable gas flow to the union . the commission should monitor gas flows into the union permanently and in crisis situations especially , in consultation with the third countries involved , and , where a crisis arises from difficulties in a third country , to act as mediator and facilitator .


### in so far as an investment for enabling or enhancing permanent bi - directional capacity is not required by the market and where that investment incurs costs in more than one member state or in one member state for the benefit of another member state , the national regulatory authorities of all member states concerned shall jointly decide on cost allocation before any investment decision is taken . the cost allocation shall in particular take into account the proportion of the benefits of the infrastructure investments for the increase of security of supply of the member states concerned as well as investments already made in the infrastructure in question . ### in so far as an investment for enabling or enhancing permanent bi - directional capacity is not required by the market and where that investment incurs costs in more than one member state or in one member state for the benefit of another member state , the national regulatory authorities of all member states concerned shall jointly decide on cost allocation before any investment decision is taken and explore the possibility and viability of eu funding . the cost allocation shall in particular take into account the proportion of the benefits of the infrastructure investments for the increase of security of supply of the member states concerned as well as investments already made in the infrastructure in question .


### competent authorities shall regularly report to the gas coordination group on the progress achieved on the preparation and adoption of the preventive action plans and the emergency plans . in particular competent authorities shall report to the gas coordination group on the agreed cooperation mechanism 18 months before the deadline for the adoption of the plans and the updates of the plans . the commission may have a facilitating role overall in the preparation of the plans , in particular for the establishment of the cooperation mechanism . if competent authorities within a region do not agree on a cooperation mechanism , the commission may propose a cooperation mechanism for that region . they shall ensure the regular monitoring of the implementation of such plans . ### competent authorities shall regularly report to the gas coordination group on the progress achieved on the preparation and adoption of the preventive action plans and the emergency plans . in particular competent authorities shall report to the gas coordination group on the agreed cooperation mechanism 18 months before the deadline for the adoption of the plans and the updates of the plans . the commission may act as mediator and facilitator overall in the preparation and implementation of the plans , in particular for the establishment of the cooperation mechanism . if competent authorities within a region do not agree on a cooperation mechanism , and on the preventive action plans and emergency plans , the commission may propose a cooperation mechanism for that region as well as proposals on the relevant plans . they shall ensure the regular monitoring of the implementation of such plans .


### in the european defence action plan , adopted on 30 november 2016 , the commission committed to complement , leverage and consolidate collaborative efforts by member states in developing defence capabilities to respond to security challenges , as well as to foster a competitive and innovative european defence industry . it proposed in particular to launch a european defence fund to support investment in joint research and the joint development of defence equipment and technologies . the fund would support cooperation during the whole cycle of defence product and technology development . ### in the european defence action plan , adopted on 30 november 2016 , the commission committed to complement , leverage and consolidate collaborative efforts by member states in developing defence capabilities to respond to security challenges , as well as to foster a competitive and innovative european defence industry . the programme should complement member states defence budgets and give incentive to invest more in union ' s common defence strategies . it proposed in particular to launch a european defence fund to support investment in joint research and the joint development of defence equipment and technologies . the fund would support cooperation during the whole cycle of defence product and technology development .


### the commission should establish a multiannual work programme in line with the objectives of the programme . the commission should be assisted in the establishment of the work programme by a committee of member states . in light of the union policy on small and medium enterprises as key to ensuring economic growth , innovation , job creation , and social integration in the union and the fact that the supported actions will typically require trans - national collaboration , it is of importance that the work programme will reflect and enable such cross - border participation of smes and that therefore a proportion of the overall budget will benefit such action . ### the commission should establish a multiannual work programme in line with the objectives of the programme . the commission should be assisted in the establishment of the work programme by a committee of member states . in light of the union policy on small and medium enterprises as key to ensuring economic growth , innovation , job creation , and social integration in the union and the fact that the supported actions will typically require trans - national collaboration , it is of importance that the work programme will reflect and enable such cross - border participation of smes and that therefore a fixed proportion of at least 20% of the overall budget will benefit such action .