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


### when necessary for ensuring safety of navigation , member states may identify stretches of inland waterways with specific risks , except for inland waterways of a maritime character referred to in article 7 , where such risks are due to : ### when necessary for ensuring safety of navigation , member states may identify stretches of inland waterways with specific risks , taking into account where appropriate the advice of the relevant european river commission , and with the exception of inland waterways with a maritime character referred to in article 7 , where such risks are due to :


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


### ‘ large convoy’ means a pushed convoy composed of the pusher and seven or more barges ; ### ‘ large convoy’ means a pushed convoy for which the product of the total length and the total width is 6000 square metres or more ;


### when necessary for ensuring safety of navigation , member states may identify stretches of inland waterways with specific risks , except for inland waterways of a maritime character referred to in article 7 , where such risks are due to : ### when necessary for ensuring safety of navigation , member states shall identify stretches of inland waterways with specific risks , except for inland waterways of a maritime character referred to in article 7 , where such risks are due to :


### ‘ large convoy’ means a pushed convoy composed of the pusher and seven or more barges ; ### ‘ large convoy’ means a pushed convoy for which the product of the total length and the total width is 4000 square meters or more ;


### the cesni which is open to experts from all member states , draws up standards in the field of inland navigation , including for professional qualifications . the commission may take into account such standards when empowered to adopt acts in conformity with this directive . ### the cesni which is open to experts from all member states , draws up standards in the field of inland navigation , including for professional qualifications . european river commissions and stakeholders are also associated to the work of cesni . where the conditions specified in this directive are met , the commission should refer to cesni standards when adopting implementing and delegated acts in accordance with this directive .


### for reasons of cost - effectiveness , holding union certificates of qualification should not be made compulsory on national inland waterways not linked to the navigable network of another member state . ### for reasons of cost - effectiveness , holding union certificates of qualification should not be made compulsory on national inland waterways that are not linked to a navigable inland waterway of another member state .


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


### the commission shall be empowered to adopt delegated acts in accordance with article 29 to lay down standards for practical examinations referred to in paragraph 3 specifying the specific competences and the conditions to be tested during the practical examinations , as well as the minimum requirements for the vessels on which a practical examination may be taken . ### the commission shall adopt delegated acts in accordance with article 29 to lay down standards for practical examinations referred to in paragraph 3 specifying the specific competences and the conditions to be tested during the practical examinations , as well as the minimum requirements for the vessels on which a practical examination may be taken .


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


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


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


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


### this regulation establishing the ees replaces the obligation to stamp passports of third country nationals which is applicable by all acceding member states . stays in member states which are not yet fully applying the schengen acquis in accordance with their respective acts of accession should not be taken into account in the calculation of the duration of the authorised stay in the schengen area . such member states should register in the ees the stay of third country nationals but the automated calculator in the system should not compute it as part of the authorised length of stay . ### this regulation establishing the ees replaces the obligation to stamp passports of third country nationals which is applicable by all acceding member states .


### if there is no exit record following the date of expiry of the authorised period of stay , the data shall be stored for a period of five years following the last day of the authorised stay . the ees shall automatically inform the member states three months in advance of the scheduled deletion of data on overstayers in order for them to adopt the appropriate measures . ### if there is no exit record following the date of expiry of the authorised period of stay , the data shall be stored for a period of five years following the last day of the authorised stay . in accordance with the information mechanism provided for in article 11 , the ees shall automatically inform the member states three months in advance of the scheduled deletion of data on overstayers in order for them to adopt the appropriate measures .


### carriers may use the secure internet access to the web service referred to in paragraph 1 to verify whether or not third country nationals holding a single or double entry visa have already used the visa . the carrier shall provide the data listed in article 14 . the web service shall on that basis provide the carriers with an ok / not ok answer . carriers may store the information sent and the answer received . ### carriers shall be informed whether or not third country nationals holding a single or double entry visa have already used the visa by an ok / not ok answer conveyed through the cusres message of an interactive api system . carriers may store the answer received .


### any request made pursuant to paragraphs 1 and 2 shall contain the necessary information to identify the person concerned , including fingerprints . that information shall be used exclusively to enable t the exercise of the rights referred to in paragraphs 1 and 2 and shall be erased immediately afterwards . ### any request made pursuant to paragraphs 1 and 2 shall contain the necessary information to identify the data subject . fingerprints may be requested for this purpose only in duly justified cases where there are substantive doubts as to the identity of the applicant . that information shall be used exclusively to enable the exercise of the rights referred to in paragraphs 1 and 2 and shall be erased immediately afterwards .


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


### moreover , europol plays a key role with respect to cooperation between member states’ authorities in the field of cross - border crime investigation in supporting union - wide crime prevention , analyses and investigation . consequently , europol should also have access to the ees within the framework of its tasks and in accordance with council decision 2009 / 371 / jha25 . _________________ 25 council decision 2009 / 371 / jha of 6 april 2009 establishing the european police office . ### moreover , europol plays a key role with respect to cooperation between member states’ authorities in the field of cross - border crime investigation in supporting union - wide crime prevention , analyses and investigation . consequently , europol should , as for the vis and sis , also have direct access to the ees within the framework of its tasks and in accordance with council decision 2009 / 371 / jha25 . _________________ 25 council decision 2009 / 371 / jha of 6 april 2009 establishing the european police office .


### the access to the ees as a criminal intelligence tool to consult the travel history or the periods of stay in the schengen area of a known suspect , perpetrator or suspected victim of a terrorist offence or other serious criminal offence shall be allowed when the conditions listed in paragraph 1 are met and where there is a duly justified need to consult the entry / exit records of the person concerned . ### the access to the ees as a criminal intelligence tool to consult the travel history or the periods of stay in the territory of the union of a known suspect , perpetrator or suspected victim of a terrorist offence or other serious criminal offence shall be allowed when the conditions listed in paragraph 1 are met and where there is a duly justified need to consult the entry / exit records of the person concerned .


### three years after the start of operations of the ees and every four years thereafter , the commission shall produce an overall evaluation of the ees . this overall evaluation shall include an examination of results achieved against objectives and the impact on fundamental rights , and assessing the continuing validity of the underlying rationale , the application of the regulation , the security of the ees and any implications on future operations , and shall make any necessary recommendations . the commission shall transmit the evaluation report to the european parliament and the council . ### three years after the start of operations of the ees and every four years thereafter , the commission shall produce an overall evaluation of the ees . this overall evaluation shall include an examination of results achieved against objectives and the impact on fundamental rights , and assessing the continuing validity of the underlying rationale , the application of the regulation , the security of the ees and any implications on future operations , and shall make any necessary recommendations . the commission shall transmit the evaluation report to the european parliament , the council , the european data protection supervisor and the european agency for fundamental rights .


### if a request for correction or deletion is made to a member state other than the member state responsible , the authorities of the member state to which the request has been made shall check the accuracy of the data and the lawfulness of the data processing in the ees within a time limit of one month if that check can be done without consulting the member state responsible . otherwise the member state other than the member state responsible shall contact the authorities of the member state responsible within a time limit of 14 days and the member state responsible shall check the accuracy of the data and the lawfulness of the data processing within a time limit of one month . ### if a request for correction or deletion is made to a member state other than the member state responsible , the authorities of the member state to which the request has been made shall check the accuracy of the data and the lawfulness of the data processing in the ees within a time limit of one month if that check can be done without consulting the member state responsible . otherwise the member state other than the member state responsible shall contact the authorities of the member state responsible within a time limit of 14 days and the member state responsible shall check the accuracy of the data and the lawfulness of the data processing within a time limit of 14 days .


### however , that prior search does not have to be conducted where there are reasonable grounds to believe that a comparison with the systems of the other member states would not lead to the verification of the identity of the data subject . those reasonable grounds shall be included in the electronic request for comparison with ees data sent by the designated authority to the central access point . ### however , that prior search does not have to be conducted where there are reasonable grounds to believe that a comparison with the systems of the other member states would not lead to the verification of the identity of the data subject or in exceptionally urgent cases where it is necessary to avert an imminent danger arising from a terrorist offence or other serious criminal offence . those reasonable grounds shall be included in the electronic request for comparison with ees data sent by the designated authority to the central access point .


### carriers may use the secure internet access to the web service referred to in paragraph 1 to verify whether or not third country nationals holding a single or double entry visa have already used the visa . the carrier shall provide the data listed in article 14 . the web service shall on that basis provide the carriers with an ok / not ok answer . carriers may store the information sent and the answer received . ### carriers shall be informed whether or not third country nationals wanting to use their transport services and holding a single or double entry visa have already used the visa by an ok / not ok answer conveyed through the cusres message of an interactive api system . carriers may store the answer received for the sole purpose of informing the respective third country nationals .


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


### eu - lisa shall be responsible for the development of the central system , the national uniform interfaces , the communication infrastructure and the secure communication channel between the ees central system and the vis central system . it shall also be responsible for the development of the web service referred to in article 12 in accordance with the specifications and conditions adopted in accordance with the examination procedure referred to in article 61 . ### eu - lisa shall be responsible for the development of the central system , the national uniform interfaces , the communication infrastructure and the secure communication channel between the ees central system and the vis central system , between the ees central system and the eurodac central system , and between the ees central system and the etias central system . it shall also be responsible for the development of the web service referred to in article 12 in accordance with the specifications and conditions adopted in accordance with the examination procedure referred to in article 61 .


### it is necessary to specify the objectives of the entry / exit system and its technical architecture , to lay down rules concerning its operation and use and to define responsibilities for the system , the categories of data to be entered into the system , the purposes for which the data are to be entered , the criteria for their entry , the authorities authorised to access the data and further rules on data processing and the protection of personal data . ### it is necessary to specify the objectives of the entry / exit system and its technical architecture , to lay down rules concerning its operation and use and to define responsibilities for the system , the categories of data to be entered into the system , the purposes for which the data are to be entered , the criteria for their entry , the authorities authorised to access the data and further rules on data processing , the protection of personal data and the right to privacy .


### the supervisory authority shall ensure that an audit of the data processing operations in the national system is carried out in accordance with relevant international auditing standards at least every four years . ### the supervisory authority shall ensure that an audit of the data processing operations in the national system is carried out in accordance with relevant international auditing standards at least every two years .


### each member state and europol shall ensure that all data processing operations resulting from requests to access to ees data for the purposes laid down in article 1 are logged or documented for the purposes of checking the admissibility of the request , monitoring the lawfulness of the data processing and data integrity and security , and self - monitoring . ### each member state and europol shall ensure that all data processing operations resulting from requests to access to ees data for the purposes laid down in article 1 , including the collection , alteration , disclosure , combination or erasure of , or access to , &#160 ; personal data , are logged or documented for the purposes of checking the admissibility of the request , monitoring the lawfulness of the data processing and data integrity and security , and self - monitoring .


### member states shall not apply points and of the first subparagraph of article 3 of directive 96 / 71 / ec to drivers in the road transport sector employed by undertakings referred to in article 1 of that directive , when performing international carriage operations as defined by regulations 1072 / 2009 and 1073 / 2009 where the period of posting to their territory to perform these operations is shorter than or equal to 3 days during a period of one calendar month . ### member states shall not apply points and of the first subparagraph of article 3 of directive 96 / 71 / ec or directive 2014 / 67 / eu to international carriage and transit operations as defined by regulations 1072 / 2009 and 1073 / 2009 .


### the balance between enhancing social and working conditions for drivers and facilitating the exercise of the freedom to provide road transport services based on fair competition between national and foreign operators is crucial for the smooth functioning of the internal market . ### the balance between facilitating the exercise of the freedom to provide road transport services based on competition between national and foreign operators and social and working conditions for drivers is crucial for the smooth functioning of the internal market .


### an obligation for the road transport operator established in another member state to send a posting declaration to the national competent authorities at the latest at the commencement of the posting , in electronic form , in an official language of the host member state or in english , containing only the following information : ### an obligation for the road transport operator established in another member state to send a posting declaration to the national competent authorities at the latest at the commencement of the posting , in a standardised electronic form developed and made available by the commission in all official languages of the union , containing only the following information :


### member states shall not apply points and of the first subparagraph of article 3 of directive 96 / 71 / ec to drivers in the road transport sector employed by undertakings referred to in article 1 of that directive , when performing international carriage operations as defined by regulations 1072 / 2009 and 1073 / 2009 where the period of posting to their territory to perform these operations is shorter than or equal to 3 days during a period of one calendar month . ### member states shall not apply directive 96 / 71 / ec or directive 2014 / 67 / eu to transit and international transport operations as defined by regulations 1072 / 2009 and 1073 / 2009 ;


### these checks shall cover each year a large and representative cross - section of mobile workers , drivers , undertakings and vehicles falling within the scope of regulations no 561 / 2006 and no 165 / 2014 and of mobile workers and drivers falling withing the scope of directive 2002 / 15 / ec . ; ### these checks shall cover each year a large and representative cross - section of mobile workers , drivers , undertakings and vehicles falling , where relevant , within the scope of regulations no 561 / 2006 and no 165 / 2014 and of mobile workers and drivers falling within the scope of directive 2002 / 15 / ec ' ;


### member states shall not apply points and of the first subparagraph of article 3 of directive 96 / 71 / ec to drivers in the road transport sector employed by undertakings referred to in article 1 of that directive , when performing international carriage operations as defined by regulations 1072 / 2009 and 1073 / 2009 where the period of posting to their territory to perform these operations is shorter than or equal to 3 days during a period of one calendar month . ### member states shall apply directive 96 / 71 / ec to drivers in the road transport sector employed by undertakings referred to in article 1 of that directive , when performing international carriage or cabotage operations as defined by regulations 1072 / 2009 and 1073 / 2009 .


### having evaluated the effectiveness and efficiency of the current union social legislation in road transport , certain loopholes in the existing provisions and deficiencies in their enforcement were identified . furthermore a number of discrepancies exist between member states in interpretation , application and implementation of the rules . this creates legal uncertainty and unequal treatment of drivers and operators , which is detrimental to the working , social and competition conditions in the sector . ### having evaluated the effectiveness and efficiency of the current union social legislation in road transport , certain loopholes in the existing provisions and deficiencies in their enforcement were identified . furthermore a number of discrepancies exist between member states in interpretation , application and implementation of the rules . this creates legal uncertainty , which is detrimental to the working , social and competition conditions in the sector .


### checks at premises shall be planned in the light of past experience in relation to the various types of transport and undertakings . they shall also be carried out if serious infringements of regulation no 561 / 2006 or no 165 / 2014 or directive 2002 / 15 / ec have been detected at the roadside . ; ### checks at premises shall be planned in the light of past experience of non - compliant behaviour in relation to the various types of transport and undertakings . they shall also be carried out if serious infringements of regulation no 561 / 2006 or no 165 / 2014 have been detected at the roadside ;


### an obligation for the road transport operator to deliver , after the period of posting , in paper or electronic form , copies of documents referred to in points , and , at the request of the authorities of the host member state within a reasonable period of time ; ### an obligation for the road transport operator to deliver , after the period of posting , in paper or electronic form , copies of documents referred to in points and at the request of the authorities of the host member state within a reasonable period of time ;


### the anticipated duration , envisaged beginning and end date of the posting ; ### envisaged beginning and end date of the posting ;


### member states shall adopt and publish , by [ … ] [ the time limit for transposition will be as short as possible and , generally , will not exceed two years ] at the latest , the laws , regulations and administrative provisions necessary to comply with this directive . they shall forthwith communicate to the commission the text of those provisions . ### member states shall adopt and publish the laws , regulations and administrative provisions necessary to comply with this directive in the same time frame as that set out under article 2 of the legislative act amending directive 96 / 71 / ec . they shall forthwith communicate to the commission the text of those provisions .


### awareness raising , dissemination of information to improve the knowledge of the policies and rights in the areas covered by the programme ; ### raising awareness on eu values and dissemination of information to improve the knowledge of the policies and rights in the areas covered by the programme ;


### remembrance activities and critical reflection on europe’s historical memory are necessary to make citizens aware of the common history , as the foundation for a common future , moral purpose and shared values . the relevance of historical , cultural and intercultural aspects should also be taken into account , as well as the links between remembrance and the creation of a european identity and sense of belonging together . ### remembrance activities and critical reflection on europe’s historical memory are necessary to make citizens aware of the common history , as the foundation for a common future and shared values . the relevance of historical , social , cultural and intercultural aspects should also be taken into account , as well as the links between remembrance and the creation of a european identity and sense of belonging together .


### strengthening citizen ' s awareness of european culture , history and remembrance as well as their sense of belonging to the union ; ### strengthening citizen ' s awareness of european culture , history and remembrance - oriented towards the future and not only the past - as well as their sense of belonging to the union ;


### in order to ensure efficient allocation of funds from the general budget of the union , it is necessary to ensure the european added value of all actions carried out , their complementarity to member states’ actions , while consistency , complementarity and synergies shall be sought with funding programmes supporting policy areas with close links to each other , in particular within the justice , rights and values fund — and thus with the justice programme — as well as with creative europe programme , and erasmus + to realise the potential of cultural crossovers in the fields of culture , media , arts , education and creativity . it is necessary to create synergies with other european funding programmes , in particular in the fields of employment , internal market , enterprise , youth , health , citizenship , justice , migration , security , research , innovation , technology , industry , cohesion , tourism , external relations , trade and development . ### in order to ensure efficient allocation of funds from the general budget of the union , it is necessary to ensure the european added value of all actions carried out , their complementarity to member states’ actions , while consistency , complementarity and synergies shall be sought with funding programmes supporting policy areas with close links to each other , in particular within the justice , rights and values fund — and thus with the justice programme — as well as with creative europe programme , and erasmus + to realise the potential of cultural crossovers in the fields of culture , media , arts , education and creativity . it is necessary to create synergies with other european funding programmes , in particular in the fields of employment , internal market , enterprise , youth , health , citizenship , justice , migration , security , research , innovation , technology , industry , cohesion , climate , tourism , external relations , trade and development .


### encouraging and facilitating active participation in the construction of a more democratic union as well as awareness of rights and values through support to civil society organisations ### encouraging and facilitating active participation , with particular attention to marginalised groups of society , in the construction of a more democratic union as well as awareness of rights and values through support to civil society organisations ;


### bringing together europeans of different nationalities and cultures by giving them the opportunity to participate in town - twinning activities ; ### bringing together citizens of different nationalities and cultures by giving them the opportunity to participate in town - twinning activities and small scale projects ;


### the work programme shall be adopted by the commission by means of an implementing act . that implementing act shall be adopted in accordance with the advisory procedure referred to in article 19 . ### the commission shall adopt delegated acts in accordance with article 16 complementing this regulation by establishing the work programmes and , as required , the multiannual priorities on which the work programmes are based . in drawing up its work programmes , the commission shall consult organisations representing civil society and organisations representing local and regional authorities .


### in order to bring the european union closer to its citizens , a variety of actions and coordinated efforts are necessary . bringing together citizens in town - twinning projects or networks of towns and supporting civil society organisations in the areas covered by the programme will contribute to increase citizens ' engagement in society and ultimately their involvement in the democratic life of the union . at the same time supporting activities promoting mutual understanding , diversity , dialogue and respect for others fosters a sense of belonging and a european identity , based on a shared understanding of european values , culture , history and heritage . the promotion of a greater sense of belonging to the union and of union values is particularly important amongst citizens of the eu outermost regions due to their remoteness and distance from continental europe . ### in order to bring the european union closer to its citizens , a variety of actions and coordinated efforts are necessary . bringing together citizens in town - twinning projects or networks of towns and supporting civil society organisations in the areas covered by the programme will contribute to increase citizens ' engagement in society and ultimately their involvement in the democratic life of the union . at the same time supporting activities promoting mutual understanding , diversity , dialogue , social inclusion and respect for others fosters a sense of belonging and a european identity , based on a shared understanding of european values , culture , history and heritage . the promotion of a greater sense of belonging to the union and of union values is particularly important amongst citizens of the eu outermost regions due to their remoteness and distance from continental europe .


### the work programme shall be adopted by the commission by means of an implementing act . that implementing act shall be adopted in accordance with the advisory procedure referred to in article 19 . ### the commission is empowered to adopt delegated acts in accordance with article 16 to supplement this regulation by establishing the appropriate work programme .


### developing the capacity of european networks to promote and further develop union law , policy goals and strategies as well as supporting civil society organisations active in the areas covered by the programme . ### developing the capacity of european networks through multiannual operating grants to promote and further develop union law , policy goals and strategies , supporting civil society organisations as well as local and regional authorities and heir representative associations active in the areas covered by the programme .


### promoting exchange and cooperation between citizens of different countries ; to promote citizens’ civic and democratic participation allowing citizens and representative associations to make known and publicly exchange their views in all areas of union action ; ### promoting public dialogue and cooperation between citizens , municipalities , civil society organisations and eu institutions , to increase citizens ' engagement in society ;


### the justice , rights and values fund and its two underlying funding programmes will focus primarily on people and entities , which contribute to make our common values , rights and rich diversity alive and vibrant . the ultimate objective is to nurture and sustain rights - based , equal , inclusive and democratic society . that includes a vibrant civil society , encouraging people ' s democratic , civic and social participation and fostering the rich diversity of european society , based on our common history and memory . article 11 of the treaty of the european union further specifies that the institutions shall , by appropriate means , give citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of union action . ### the justice , rights and values fund and its two underlying funding programmes will focus on people and entities , which contribute to make our common values , rights and rich diversity alive and vibrant . the ultimate objective is to nurture and sustain rights - based , equal , inclusive and democratic society , including a vibrant civil society . the activities financed should aim at encouraging people ' s democratic , civic and social participation and fostering the rich diversity of european society , based on our common values and history . article 11 of the treaty of the european union further specifies that the institutions shall maintain an open , transparent and regular dialogue with civil society and shall , by appropriate means , give citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of union action .


### ' paternity leave ' means leave from work for fathers to be taken on the occasion of the birth of a child ; ### ' paternity leave ' means paid leave from work for fathers or an equivalent second parent as defined in national law on the grounds of the birth or adoption of a child , to be taken around the occasion of the birth or adoption of a child within duration limits of the maternity leave ;


### employers shall consider and respond to requests for flexible working arrangements referred to in paragraph 1 , taking into account the needs of both employers and workers . employers shall justify any refusal of such a request . ### employers shall consider and respond to requests for flexible working arrangements referred to in paragraph 1 , taking into account the needs of both employers and workers . employers shall justify any refusal of such a request in writing .


### in order to provide greater possibility for parents to use parental leave as their children grow up , the right to parental leave should be granted until the child is at least twelve years old . member states should be able to specify the period of notice to be given by the worker to the employer when applying for parental leave and to decide whether the right to parental leave may be subject to a certain period of service . in view of the growing diversity of contractual arrangements , the sum of successive fixed - term contracts with the same employer should be taken into account for the purpose of calculating the period of service . to balance the needs of workers with those of employers , member states should also be able to decide whether they define if the employer may be allowed to postpone the granting of parental leave under certain circumstances . in such cases , the employer should provide justification for the postponement . given that flexibility makes it more likely that second parents , in particular fathers , will take up their entitlement to such leave , workers should be able to request to take parental leave on a full - time or part - time basis or in other flexible forms . it should be up to the employer whether or not to accept such a request for parental leave in other flexible forms than full - time . member states should also assess if the conditions and detailed arrangements of parental leave should be adapted to the specific needs of parents in particularly disadvantaged situations . ### in order to provide greater possibility for parents to use parental leave as their children grow up , the right to parental leave should be granted until the child is at least twelve years old . member states should be able to specify a reasonable period of notice to be given by the worker to the employer when applying for parental leave . to balance the needs of workers with those of employers , member states should also be able to decide whether they define if the employer may be allowed to postpone the granting of parental leave under certain circumstances . in such cases , the employer should provide justification for the postponement in writing . given that flexibility makes it more likely that second parents , in particular fathers , will take up their entitlement to such leave , workers should be able to request to take parental leave on a full - time or part - time basis or in other flexible forms . it should be up to the employer whether or not to accept such a request for parental leave in other flexible forms than full - time . member states should also assess if the conditions and detailed arrangements of parental leave should be adapted to the needs of parents in specific situations , in particular with regard to children with disabilities , mental health problems , serious medical conditions or illness , in accordance with their national law and practice .


### employers shall consider and respond to requests for flexible working arrangements referred to in paragraph 1 , taking into account the needs of both employers and workers . employers shall justify any refusal of such a request . ### employers shall consider and respond in writing to requests for flexible working arrangements referred to in paragraph 1 , taking into account the needs of both employers and workers . employers shall justify in writing any refusal of such a request .


### in order to provide greater possibility for parents to use parental leave as their children grow up , the right to parental leave should be granted until the child is at least twelve years old . member states should be able to specify the period of notice to be given by the worker to the employer when applying for parental leave and to decide whether the right to parental leave may be subject to a certain period of service . in view of the growing diversity of contractual arrangements , the sum of successive fixed - term contracts with the same employer should be taken into account for the purpose of calculating the period of service . to balance the needs of workers with those of employers , member states should also be able to decide whether they define if the employer may be allowed to postpone the granting of parental leave under certain circumstances . in such cases , the employer should provide justification for the postponement . given that flexibility makes it more likely that second parents , in particular fathers , will take up their entitlement to such leave , workers should be able to request to take parental leave on a full - time or part - time basis or in other flexible forms . it should be up to the employer whether or not to accept such a request for parental leave in other flexible forms than full - time . member states should also assess if the conditions and detailed arrangements of parental leave should be adapted to the specific needs of parents in particularly disadvantaged situations . ### in order to provide greater possibility for parents to use parental leave as their children grow up , the right to parental leave should be granted until the child is at least thirteen years old . member states should be able to specify the period of notice to be given by the worker to the employer when applying for parental leave . to balance the needs of workers with those of employers , member states should also be able to decide whether they define if the employer may be allowed to postpone the granting of parental leave under certain circumstances . in such cases , the employer should provide justification in writing for the postponement . given that flexibility makes it more likely that second parents , in particular fathers , will take up their entitlement to such leave , workers should be able to request to take parental leave on a full - time or part - time basis or in other flexible forms . it should be up to the employer whether or not to accept such a request for parental leave in other flexible forms than full - time . member states should also assess if the conditions and detailed arrangements of parental leave should be adapted to the specific needs of parents in particularly disadvantaged situations .


### member states shall take the necessary measures to ensure that fathers have the right to take paternity leave of at least ten working days on the occasion of the birth of a child . ### member states shall take the necessary measures to ensure that the second parent has the right to take mandatory paid paternity leave of at least fourteen working days on the occasion of the birth or adoption of a child , or at least fifteen days in the event of multiple births or adoptions .


### in order to facilitate the return to work following parental leave , workers and employers should be encouraged to maintain contact during the period of leave and may make arrangements for any appropriate reintegration measures , to be decided between the parties concerned , taking into account national law , collective agreements and practice ### in order to facilitate the return to work following parental or carers ' leave , workers and employers should be encouraged to maintain contact during the period of leave and may make arrangements for any appropriate reintegration measures , such as training or retraining to be decided between the parties concerned , taking into account national law , collective agreements and practice


### in order to encourage a more equal sharing of caring responsibilities between women and men , the right to paternity leave for fathers to be taken on the occasion of the birth of a child should be introduced . in order to take account of differences among member states , the right to paternity leave should be irrespective of marital or family status as defined in national law . ### in order to encourage a more equal sharing of caring responsibilities between women and men , the right to paid paternity leave for fathers or an equivalent second parent as defined in national law to be taken around the occasion of the birth or adoption of a child and within duration limits of the maternity leave should be introduced . in order to take account of differences among member states , the right to paternity leave should be irrespective of marital or family status as defined in national law .


### employers shall consider and respond to requests for flexible working arrangements referred to in paragraph 1 , taking into account the needs of both employers and workers . employers shall justify any refusal of such a request . ### employers shall consider and respond in writing to requests for flexible working arrangements referred to in paragraph 1 , taking into account the needs of both employers and workers , in particular in micro businesses . employers shall justify any refusal of such a request while providing options for alternative arrangements .


### “flexible working arrangements” means the possibility for workers to adjust their working patterns , including through the use of remote working arrangements , flexible working schedules , or a reduction in working hours . ### “flexible working arrangements” means the possibility for workers after discussions with their employer to adjust their working patterns , including through the use of remote working arrangements , flexible working schedules , or a reduction in working hours .


### when flexible working arrangements referred to in paragraph 1 are limited in duration , the worker shall have the right to return to the original working pattern at the end of the agreed period . the worker shall also have the right to request to return to the original working pattern whenever a change of circumstances so justifies . employers shall be obliged to consider and respond to such requests , taking into account the needs of both employers and workers . ### when flexible working arrangements referred to in paragraph 1 are limited in duration , the worker shall have the right to return to the original working pattern at the end of the agreed period . the worker shall also have the right to request to return to the original working pattern whenever a change of circumstances so justifies . employers shall be obliged to consider and respond in writing to such requests , taking into account the needs of both employers and workers .


### in order to encourage working parents and carers to remain in the work force , those workers should be able to adapt their working schedules to their personal needs and preferences . working parents and carers should therefore be able to request flexible working arrangements , meaning the possibility for workers to adjust their working patterns , including through the use of remote working arrangements , flexible working schedules , or a reduction in working hours , for caring purposes . in order to address the needs of workers and employers , it should be possible for member states to limit the duration of flexible working arrangements , including a reduction in working hours . while working part - time has been shown to be useful in allowing some women to remain in the labour market after having children , long periods of reduced working hours may lead to lower social security contributions translating into reduced or non - existing pension entitlements . the ultimate decision as to whether or not to accept a worker’s request for flexible working arrangements should lie with the employer . specific circumstances underlying the need for flexible working arrangements can change . workers should therefore not only have the right to return to their original working patterns at the end of a given agreed period , but should also be able to request to do so at any time where a change in the underlying circumstances so requires . ### in order to encourage working parents and carers to remain in the work force , employers should give them the possibility to adapt their working schedules to their personal needs and preference . without abusing that right , working parents and carers should be able to request flexible working arrangements , meaning the possibility for workers to adjust their working patterns , including through the use of remote working arrangements , flexible working schedules , or a reduction in working hours , for caring purposes . in order to address the needs of workers and employers and ensure that they are properly balanced , it should be possible for member states to limit the duration of part - time work , giving priority to other flexible working arrangements . while working part - time has indeed been shown to be useful in allowing some women to remain in the labour market after having children or other family responsibilities , long periods of reduced working hours may lead to lower social security contributions translating into reduced or non - existing pension entitlements . the ultimate decision as to whether or not to accept a worker’s request for flexible working arrangements should lie with the employer . specific circumstances underlying the need for flexible working arrangements can change . workers should therefore not only have the right to return to their original working patterns at the end of a given agreed period , but should also be able to request to do so at any time where a change in the underlying circumstances so requires .


### this directive lays down minimum requirements related to paternity , parental and carers ' leave and to flexible working arrangements for parents and workers with caring responsibilities . by facilitating the reconciliation of work and family life for parents and carers , this directive should contribute to the treaty - based goals of equality between men and women with regard to labour market opportunities , equal treatment at work and the promotion of a high level of employment in the union . ### this directive lays down minimum requirements related to paternity , parental and carers ' leave and to flexible working arrangements for parents and workers with caring responsibilities . by facilitating the reconciliation of work and family life for parents and carers , this directive should contribute to the treaty - based goals of equality between men and women with regard to labour market opportunities , equal treatment at work and the promotion of a high level of employment in the union . current demographic developments , lead to increasing care needs due to the ageing of society on the one hand and the diminishing informal care potential on the other . this requires a combination of investments in appropriate long - term care services and practical measures such as care leave and respite care that allows carers to maintain an active professional life .


### work - life balance remains however a considerable challenge for many parents and workers with caring responsibilities , with a negative impact on female employment . a major factor contributing to the underrepresentation of women in the labour market is the difficulty of balancing work and family obligations . when they have children , women tend to work less hours in paid employment and spend more time fulfilling unpaid care responsibilities . having an ill or dependent relative has also been shown to have a negative impact on female employment , leading some women to drop out of the labour market entirely . ### work - life balance remains however a considerable challenge for many parents and workers with caring responsibilities , with a negative impact on female employment . a major factor contributing to the underrepresentation of women in the labour market is the difficulty of balancing work and family responsibilities . when they have children , women tend to work less hours in paid employment and spend more time fulfilling unpaid care tasks . having a relative or dependant with care or support needs has also been shown to have a negative impact on female employment , leading some women to drop out of the labour market entirely with the subsequent harmful repercussions on their social security entitlements , in particular pensions and an increased risk of poverty and social exclusion , especially during old age .


### member states shall take the necessary measures to ensure that fathers have the right to take paternity leave of at least ten working days on the occasion of the birth of a child . ### member states shall take the necessary measures to ensure that fathers or the equivalent second parents as defined in national law have the right to take paternity leave of at least ten working days around the occasion of the birth or adoption of a child , within duration limits of the maternity leave .


### employers shall consider and respond to requests for flexible working arrangements referred to in paragraph 1 , taking into account the needs of both employers and workers . employers shall justify any refusal of such a request . ### employers shall consider and respond to requests for flexible working arrangements referred to in paragraph 1 , taking into account the needs of both employers , in particular micro and small and medium - sized enterprises , and workers . employers shall notify any refusal of such a request .


### “parental leave” means leave from work on the grounds of the birth or adoption of a child to take care of that child ; ### “parental leave” means paid leave from work on the grounds of the birth or adoption of a child to take care of that child ;


### . member states shall define the status of the employment contract or employment relationship for the period of leave referred to in article 4 , 5 or 6 , including as regards entitlements to social security , while ensuring that the employment relationship is maintained during that period . ### member states shall define the status of the employment contract or employment relationship for the period of leave referred to in article 4 , 5 or 6 while ensuring that the employment relationship is maintained during that period but also without prejudice to entitlements to social security including to pension contribution to which the worker remains subject throughout the period of leave .


### in order to provide greater opportunities to remain in the work force for men and women carrying of elderly family member and / or other relatives in need of care , workers with a seriously ill or dependant relative should have the right to take time off from work in the form of carers’ leave to take care of that relative . to prevent abuse of that right , proof of the serious illness or dependency may be required prior to granting of the leave . ### in order to provide greater opportunities to remain in the workforce for men and women caring for elderly family members and / or other relatives in need of care , workers with a seriously ill or dependent relative should have the right to take time off from work in the form of carers’ leave to take care of that relative . to prevent abuse of that right , proof of the serious illness or dependency may be required prior to granting of the leave . to simplify leave requests , however , carers should be required to furnish such proof once only under a simplified standard procedure .


### . member states shall define the status of the employment contract or employment relationship for the period of leave referred to in article 4 , 5 or 6 , including as regards entitlements to social security , while ensuring that the employment relationship is maintained during that period . ### member states shall define the status of the employment contract or employment relationship for the period of leave or of the respective period of time for the flexible working arrangements referred to in article 4 , 5 , 6 , 7 or 9 including as regards entitlements to social security , while ensuring that the employment relationship is maintained during that period .


### rights acquired or in the process of being acquired by workers on the date on which leave referred to in article 4 , 5 or 6 starts shall be maintained until the end of such leave . at the end of such leave , those rights , including any changes arising from national law , collective agreements or practice , shall apply . ### rights acquired or in the process of being acquired by workers on the date on which leave referred to in article 4 , 5 , 6 , 7 or 9 starts shall be maintained until the end of such leave or of the respective period of time for the flexible working arrangements . at the end of such leave , those rights , including any changes arising from national law , collective agreements or practice , shall apply .


### member states shall take the necessary measures to prohibit less favourable treatment of workers on the ground that they have applied for , or have taken , leave referred to in article 4 , 5 or 6 , or on the ground that they have exercised their right to flexible working arrangements referred to in article 9 . ### member states together with the social partners shall take the necessary measures to prohibit less favourable treatment of workers on the ground that they have applied for , or have taken , leave referred to in article 4 , 5 , 6 or 7 or on the ground that they have exercised their right to flexible working arrangements referred to in article 9 .


### in view of their common goal to preserve the integrity of the union budget , the office and the eppo should establish and maintain a close relationship based on sincere cooperation and aimed at ensuring the complementarity of their respective mandates and coordination of their action , in particular as regards the scope of the enhanced cooperation for the establishment on the eppo . ultimately , the relationship should contribute to ensuring that all means are used to protect the financial interests of the union and avoiding unnecessary duplication of efforts . ### in view of their common goal to preserve the integrity of the union budget , the office and the eppo should establish and maintain a close relationship based on sincere and efficient cooperation and aimed at ensuring the complementarity of their respective mandates and coordination of their action , in particular as regards the scope of the enhanced cooperation for the establishment on the eppo . ultimately , the relationship should contribute to ensuring that all means are used to protect the financial interests of the union and avoiding unnecessary duplication of efforts .


### ' 8 . if an investigation cannot be closed within 12 months after it has been opened , the director - general shall , at the expiry of that 12 - month period and every six months thereafter , report to the supervisory committee , indicating the reasons and , where appropriate , the remedial measures envisaged with a view to speeding up the investigation . ' ; ### ' 8 . if an investigation cannot be closed within 12 months after it has been opened , the director - general shall , at the expiry of that 12 - month period and every six months thereafter , report to the supervisory committee , indicating the reasons and the remedial measures envisaged with a view to speeding up the investigation . ' ;


### where the staff of the office finds that an economic operator resists an on - the - spot check or inspection authorised pursuant to this regulation , the member state concerned shall afford them the necessary assistance of law enforcement authorities so as to enable the office to conduct its on - the - spot check or inspection effectively and without undue delay . ### where the staff of the office finds that an economic operator resists an on - the - spot check or inspection authorised pursuant to this regulation , the member state concerned shall guarantee them the necessary assistance of law enforcement authorities so as to enable the office to conduct its on - the - spot check or inspection effectively and without undue delay .


### this regulation establishing the ees replaces the obligation to stamp passports of third country nationals which is applicable by all acceding member states . stays in member states which are not yet fully applying the schengen acquis in accordance with their respective acts of accession should not be taken into account in the calculation of the duration of the authorised stay in the schengen area . such member states should register in the ees the stay of third country nationals but the automated calculator in the system should not compute it as part of the authorised length of stay . ### this regulation establishing the ees replaces the obligation to stamp passports of third country nationals which is applicable by all acceding member states . stays in member states which are not applying the schengen provisions under title iii of regulation 2016 / 399 should be taken into account in the calculation of the duration of the authorised stay of 90 days in any period of 180 days .


### every time an individual file is created upon issuance or refusal pursuant to article 22d of a long - stay visa or residence permit , the vis shall launch a query by using the european search portal defined in article 6 of [ the interoperability regulation ] to compare the relevant data referred to in article 22c , , , and of this regulation with the relevant data , in the vis , the schengen information system , the entry / exit system , the european travel information and authorisation system including the watchlist referred to in article 29 of regulation 2018 / xx for the purposes of establishing a european travel information and authorisation system , [ the ecris - tcn system as far as convictions related to terrorist offences and other forms of serious criminal offences are concerned ] , the europol data , the interpol stolen and lost travel document database , and the interpol travel documents associated with notices database . ### every time an individual file is created pursuant to article 22c or 22d in connection with a long - stay visa or residence permit , and prior to any decision to issue such , the vis shall launch a query by using the european search portal defined in article 6 of [ the interoperability regulation ] to compare the data referred to in article 22c , , , and of this regulation . the vis shall verify : whether the travel document used for the application corresponds to a travel document reported lost , stolen , misappropriated or invalidated in sis ; whether the travel document used for the application corresponds to a travel document reported lost , stolen or invalidated in the sltd database ; whether the applicant is subject to a refusal of entry and stay alert entered in sis ; whether the applicant is subject to an alert in respect of persons wanted for arrest for surrender purposes on the basis of a european arrest warrant or wanted for arrest for extradition purposes in sis ; whether the applicant and the travel document correspond to a refused , revoked or annulled travel authorisation in the etias central system ; whether the applicant and the travel document are in the watch list referred to in article 34 of regulation 2018 / 1240 ; whether data is already recorded in vis on the same person ; whether the data provided in the application concerning the travel document correspond to another application for a long - stay visa , residence permit or residence card associated with different identity data ; whether the applicant is currently reported as an overstayer or whether he or she has been reported as an overstayer in the past in the ees ; whether the applicant is recorded as having been refused entry in the ees ; whether the applicant has been subject to a decision to refuse , annul or revoke a short - stay visa recorded in vis ; whether the applicant has been subject to a decision to refuse , annul or revoke a long - stay visa , residence permit or residence card recorded in vis ; whether the data provided in the application correspond to europol data ; whether the applicant is registered in eurodac ; whether the applicant is registered in the ecris - tcn system as having been convicted of a terrorist offence or other forms of serious criminal offence ; whether the travel document used for the application corresponds to a travel document recorded in the tdawn database ; in cases where the applicant is a minor , whether the applicant ' s parental authority or legal guardian : is subject to an alert in respect of persons wanted for arrest for surrender purposes on the basis of a european arrest warrant or wanted for arrest for extradition purposes in sis ; is subject to a refusal of entry and stay alert in sis ; holds a travel document in the watch list referred to in article 34 of regulation 2018 / 1240 .


### in order to fulfil their obligation under point of article 26 of the convention implementing the schengen agreement , carriers shall use the web service to verify whether a short - stay visa is valid , including if the number of authorised entries have already been used or if the holder has reached the maximum duration of the authorised stay or , as the case may be , if the visa is valid for the territory of the port of destination of that travel . carriers shall provide the data listed under points , and of article 16 of this regulation . on that basis , the web service shall provide carriers with an ok / not ok answer . carriers may store the information sent and the answer received in accordance with the applicable law . carriers shall establish an authentication scheme to ensure that only authorised staff may access the web service . it shall not be possible to regard the ok / not ok answer as a decision to authorise or refuse entry in accordance with regulation 2016 / 399 . ### in order to fulfil their obligation under point of article 26 of the convention implementing the schengen agreement , carriers shall use the web service to verify whether a short - stay visa is valid , including if the number of authorised entries have already been used or if the holder has reached the maximum duration of the authorised stay or , as the case may be , if the visa is valid for the territory of the port of destination of that travel . carriers shall provide the data listed under points , and of article 16 of this regulation . on that basis , the web service shall provide carriers with an ok / not ok answer . carriers may store the information sent and the answer received in accordance with the applicable law . carriers shall establish an authentication scheme to ensure that only authorised staff may access the web service . it shall not be possible to regard the ok / not ok answer as a decision to authorise or refuse entry in accordance with regulation 2016 / 399 . in cases where passengers are not allowed to board due to a query in vis , carriers shall provide passengers with that information and the means to exercise their rights to access , rectification and erasure of personal data stored in vis .


### logs and documentation shall be used only for monitoring the lawfulness of data processing and for ensuring data integrity and security . only logs which do not contain personal data may be used for the monitoring and evaluation referred to in article 50 of this regulation . the supervisory authority established in accordance with article 41 of directive 2016 / 680 , which is responsible for checking the admissibility of the request and monitoring the lawfulness of the data processing and data integrity and security , shall have access to these logs at its request for the purpose of fulfilling its duties . ### logs and documentation shall be used only for monitoring the lawfulness of data processing , for monitoring the impact on fundamental rights , and for ensuring data integrity and security . only logs which do not contain personal data may be used for the monitoring and evaluation referred to in article 50 of this regulation . the supervisory authority established in accordance with article 41 of directive 2016 / 680 , which is responsible for checking the admissibility of the request and monitoring the lawfulness of the data processing and data integrity and security , shall have access to these logs at its request for the purpose of fulfilling its duties .


### every time an individual file is created upon issuance or refusal pursuant to article 22d of a long - stay visa or residence permit , the vis shall launch a query by using the european search portal defined in article 6 of [ the interoperability regulation ] to compare the relevant data referred to in article 22c , , , and of this regulation with the relevant data , in the vis , the schengen information system , the entry / exit system , the european travel information and authorisation system including the watchlist referred to in article 29 of regulation 2018 / xx for the purposes of establishing a european travel information and authorisation system , [ the ecris - tcn system as far as convictions related to terrorist offences and other forms of serious criminal offences are concerned ] , the europol data , the interpol stolen and lost travel document database , and the interpol travel documents associated with notices database . ### every time an individual file is created pursuant to article 22 or concerning a long - stay visa or residence permit , the vis shall launch a query . the vis shall verify : whether the travel document used for the application corresponds to a travel document reported lost , stolen , misappropriated or invalidated in sis ; whether the travel document used for the application corresponds to a travel document reported lost , stolen or invalidated in the sltd database ; whether the applicant is subject to a refusal of entry and stay alert entered in sis , unless there is a return in sis ; whether the applicant is subject to an alert in respect of persons wanted for arrest for surrender purposes on the basis of a european arrest warrant or wanted for arrest for extradition purposes in sis ; whether the applicant and the travel document are in the watch list referred to in article 34 of regulation 2018 / 1240 ; whether data is already recorded in vis on the same person ; whether the data provided in the application concerning the travel document correspond to another application for a long - stay visa , residence permit or residence card associated with different identity data ; whether the applicant has been subject to a decision to refuse , annul or revoke a short - stay visa recorded in vis ; whether the applicant has been subject to a decision to refuse , annul or revoke a long - stay visa , residence permit or residence card recorded in vis ; whether the data provided in the application correspond to europol data ; whether the applicant is registered in the ecris - tcn system as having been convicted of a terrorist offence or other forms of serious criminal offence ; in cases where the applicant is a minor , whether the applicant ' s parental authority or legal guardian : is subject to an alert in respect of persons wanted for arrest for surrender purposes on the basis of a european arrest warrant or wanted for arrest for extradition purposes in sis ; is subject to a refusal of entry and stay alert in sis ; holds a travel document in the watch list referred to in article 34 of regulation 2018 / 1240 . these provisions must not impede the submission of an application for asylum , whatever the motivation . if a visa application is submitted by a victim of violent crime such as domestic violence or trafficking in human beings committed by their sponsor , the file submitted to vis must be separated from that of the sponsor so that the victims may be protected from further danger . no automated request shall be processed using biometric data of persons aged 70 or over or children under the age of 13 which were collected more than five years ago . automated requests on the basis of biometric data belonging to persons aged 70 or over or children under the age of 13 shall be processed in the presence of fingerprinting and facial recognition experts in order to limit the margin of error in the processing of those requests . automatic searches in the visa information system should only be permitted if the file has been created by consular authorities , thereby excluding automatic searches in files created in the country .


### each member&#160 ; state and europol shall ensure that all data processing operations resulting from requests to access to vis data in accordance with chapter iic are logged or documented for the purposes of checking the admissibility of the request , monitoring the lawfulness of the data processing and data integrity and security , and self - monitoring . ### each member&#160 ; state and europol shall ensure that all data processing operations resulting from requests to access to vis data in accordance with chapter iic are logged or documented for the purposes of checking the admissibility of the request , monitoring the lawfulness of the data processing and data integrity and security , and self - monitoring . the operations shall be protected by appropriate measures against unauthorised access and erased two years after their creation , unless they are required for monitoring procedures that have already begun .


### this directive should apply only to criminal proceedings . administrative proceedings leading to sanctions such as competition , trade , tax , financial services proceedings and other investigations by administrative authorities in relation to these proceedings , and also civil proceedings are not covered by this directive . ### this directive should apply to criminal proceedings .


### member states shall ensure that where the trial court makes an assessment as to the guilt of a suspect or accused person and there is reasonable doubt as to the guilt of that person , the person concerned shall be acquitted . ### member states shall ensure that any doubt always benefits the suspect or accused person in criminal proceedings and that where the trial court makes an assessment as to the guilt of a suspect or accused person and there is doubt as to the guilt of that person , the person concerned shall be acquitted .


### member states may provide for a possibility under which the trial court may decide on the guilt in the absence of the suspect or the accused person , provided that the suspect or accused person : in due time : either was summoned in person and thereby informed of the scheduled date and place of the trial , or by other means actually received official information of the scheduled date and place of that trial in such a manner that it was unequivocally established that he or she was aware of the scheduled trial ; and was informed that a decision may be handed down if he or she does not appear for the trial ; or being aware of the scheduled trial , had given a mandate to a legal counsellor , who was either appointed by the person concerned or by the state , to defend him or her at the trial , and was indeed defended by that counsellor at the trial . ### member states may provide for a possibility under which the trial court may decide on the guilt in the absence of the suspect or the accused person , provided that the suspect or accused person : in due time : was summoned in person and thereby clearly and unequivocally informed of the scheduled date and place of the trial ; and ii ) was informed that a decision may be handed down if he or she does not appear for the trial ; and b ) being aware of the scheduled trial , had given a mandate to a legal counsellor , who was either appointed by the person concerned or by the state , to defend him or her at the trial , and was indeed defended by that counsellor at the trial .


### however , the right of the accused person to be present at the trial is not absolute . under certain conditions the accused person may , expressly or tacitly but unequivocally , waive that right . ### however , the right of the accused person to be present at the trial is not absolute . under certain conditions the accused person may , expressly and unequivocally , waive that right .


### by establishing minimum rules on the protection of procedural rights of suspects or accused persons , this directive should strengthen the trust of member states in the criminal justice systems of other member states and can thus help to facilitate mutual recognition of decisions in criminal matters . such common minimum rules should also remove obstacles to the free movement of citizens throughout the territory of the member states . ### by establishing minimum rules on the protection of procedural rights of suspects or accused persons , this directive should strengthen the trust of member states in the criminal justice systems of other member states and can thus help to facilitate mutual recognition of decisions in criminal matters .


### exercise of the right not to incriminate oneself or of the right not to cooperate shall not be used against a suspect or accused person at a later stage of the proceedings and shall not be considered as a corroboration of facts . ### exercise of the right not to incriminate oneself or of the right not to cooperate shall not be used against a suspect or accused person at a later stage of the proceedings . member states may nevertheless take into account the cooperative behaviour of the suspect or accused person when deciding the concrete penalty to impose .


### exercise of the right to remain silent shall not be used against a suspect or accused person at a later stage in the proceedings and shall not be considered as a corroboration of facts . ### exercise of the right to remain silent shall not be used against a suspect or accused person at a later stage in the proceedings .


### member states shall ensure that , before a final conviction , public statements and official decisions from public authorities do not refer to the suspects or accused persons as if they were convicted . ### member states must take the necessary measures to ensure that , before a final conviction , public statements and official decisions from public authorities do not refer to the suspects or accused persons as if they were convicted and do not reflect an opinion that they are guilty .


### the right not to incriminate oneself and not to cooperate is an important aspect of the presumption of innocence . suspect or accused persons should not be forced , when asked to make a statement or answer questions , to produce evidence or documents or to provide information which may lead to incriminate themselves . ### the right not to incriminate oneself and not to cooperate and the right to remain silent are important aspects of the presumption of innocence . these rights mean that the competent authorities may not in any way compel or force suspects and accused persons , when the latter are asked to make a statement or answer questions , to produce evidence or documents or to provide information which may lead them to incriminate themselves .


### service providers should ensure that their subscribers are properly informed about the conditions of enjoyment of online content services in member states other than the member state of residence of the subscribers . the regulation enables right holders to require that the service provider make use of effective means in order to verify that the online content service is provided in conformity with this regulation . it is necessary , however , to ensure that the required means are reasonable and do not go beyond what is necessary in order to achieve this purpose . examples of the necessary technical and organisational measures may include sampling of ip address instead of constant monitoring of location , transparent information to the individuals about the methods used for the verification and its purposes , and appropriate security measures . considering that for purposes of the verification what matters is not the location , but rather , in which member state the subscriber is accessing the service , precise location data should not be collected and processed for this purpose . similarly , where authentication of a subscriber is sufficient in order to deliver the service provided , identification of the subscriber should not be required . ### service providers should ensure that their subscribers are properly informed about the conditions of enjoyment of online content services in member states other than the member state of residence of the subscribers . this regulation enables right holders to require that the service provider make use of effective means in order to verify upon subscription that the online content service is provided in conformity with this regulation . it is necessary , however , to ensure that the required means are reasonable and do not go beyond what is necessary in order to achieve this purpose . given that , for the purposes of verification , what matters is not the location in which the online content is used , but rather , the member state in which the subscriber is resident , precise location data concerning matters going beyond an initial verification of residence should not be collected and processed for this purpose . similarly , where authentication of a subscriber is sufficient in order to deliver the service provided , identification of the subscriber should not be required .


### consumers increasingly enter into contractual arrangements with service providers for the provision of online content services . however , consumers that are temporarily present in another member state of the union often cannot access and use the online content services that they have acquired the right to use in their home country . ### consumers increasingly enter into contractual arrangements with service providers for the provision of online content services . however , consumers that are temporarily present in another member state of the union often cannot continue accessing and using the online content services that they have acquired the right to use in their member state of residence .


### therefore , the objective of this regulation is to adapt the legal framework in order to ensure that the licensing of rights no longer presents barriers to cross - border portability of online content services in the union and that the cross - border portability can be ensured . ### therefore , the objective of this regulation is to adapt the legal framework in order to ensure that the licensing of rights no longer presents barriers to cross - border portability of online content services in the union and that the cross - border portability can be ensured without any additional cost to the subscriber .


### this regulation introduces a common approach to ensuring that subscribers to online content services in the union , when temporarily present in a member state , can access and use these services . ### this regulation introduces a common approach in the union to ensuring that subscribers to online content services in their member state of residence can access and use these services when temporarily present in another member state , subject to effective prior verification of their member state of residence .


### the technological development leading to a proliferation of portable devices such as tablets and smartphones increasingly facilitates the use of online content services by providing access to them regardless of the consumers ' location . there is a rapidly growing demand on the part of consumers for access to content and innovative online services not only in their home country but also when they are temporarily present in another member state of the union . ### the technological development leading to a proliferation of portable devices such as tablets and smartphones increasingly facilitates the use of online content services by providing access to them regardless of the consumers ' location . there is a rapidly growing demand on the part of consumers for access to content and innovative online services not only in their member state of residence but also when they are temporarily present in another member state of the union .


### any contractual provisions including those between holders of copyright and related rights , those holding any other rights relevant for the use of content in online content services and service providers , as well as between service providers and subscribers which are contrary to articles 3 and 4 shall be unenforceable . ### any contractual provisions which are contrary to this regulation , including those contained in contracts between holders of copyright and related rights , those holding any other rights relevant for access to , and the use of , content in online content services and providers of online content services , as well as those contained in contracts between such providers and their subscribers , shall be unenforceable .


### service providers should ensure that their subscribers are properly informed about the conditions of enjoyment of online content services in member states other than the member state of residence of the subscribers . the regulation enables right holders to require that the service provider make use of effective means in order to verify that the online content service is provided in conformity with this regulation . it is necessary , however , to ensure that the required means are reasonable and do not go beyond what is necessary in order to achieve this purpose . examples of the necessary technical and organisational measures may include sampling of ip address instead of constant monitoring of location , transparent information to the individuals about the methods used for the verification and its purposes , and appropriate security measures . considering that for purposes of the verification what matters is not the location , but rather , in which member state the subscriber is accessing the service , precise location data should not be collected and processed for this purpose . similarly , where authentication of a subscriber is sufficient in order to deliver the service provided , identification of the subscriber should not be required . ### service providers should ensure that their subscribers are properly informed about the conditions of enjoyment of online content services in member states other than the member state of residence of the subscribers . the regulation requires that the service provider make use of effective means in order to verify that the online content service is provided in conformity with this regulation . it is necessary , however , to ensure that the required means leave room for service providers to innovate with the online means of authentication they provide to consumers to subscribe and access online content , are reasonable and do not go beyond what is necessary in order to achieve this purpose . technical and organisational measures should be based on electronic means of identification at the time of subscription instead of constant monitoring of location , on transparent information to the individuals about the methods used for the verification and its purposes , and appropriate security measures . considering that for purposes of the verification what matters is not the location , but rather , in which member state the subscriber is accessing the service , precise location data should not be collected and processed for this purpose . similarly , where authentication of a subscriber is sufficient in order to deliver the service provided , identification of the subscriber should not be required . the subscriber should be able to access the information on the member state of residence verified and registered at the time of subscription .


### the technological development leading to a proliferation of portable devices such as tablets and smartphones increasingly facilitates the use of online content services by providing access to them regardless of the consumers’ location . there is a rapidly growing demand on the part of consumers for access to content and innovative online services not only in their home country but also when they are temporarily present in another member state of the union . ### the technological development leading to a proliferation of portable devices such as tablets and smartphones increasingly facilitates the use of online content services by providing access to them regardless of the consumers’ location . there is a rapidly growing demand on the part of consumers for access to content and innovative online services . access to online content services should therefore be made easier for subscribers temporarily present in a member state of the union other than their member state of residence . the concept of ‘ temporary presence’ should be tailored to the objective of this regulation , namely to provide cross - border portability of online content services to subscribers residing temporarily in another eu member state who return regularly to their member state of residence .


### consumers increasingly enter into contractual arrangements with service providers for the provision of online content services . however , consumers that are temporarily present in another member state of the union often cannot access and use the online content services that they have acquired the right to use in their home country . ### consumers increasingly enter into contractual arrangements with providers for the provision of online content services . however , consumers that are temporarily present in another member state of the union often cannot continue accessing and using the online content services that they have acquired the right to use in their member state of residence .


### “member state of residence” means the member state where the subscriber is habitually residing ; ### “member state of residence” means the member state where the subscriber is habitually and actually residing and to which he or she returns regularly ;


### the provider of an online content service shall inform the subscriber of the quality of delivery of the online content service provided in accordance with paragraph 1 . ### the provider of an online content service shall , where possible on the basis of the data available to the provider , inform the subscriber of the quality of delivery of the online content service provided in accordance with paragraph 1 .


### ' member state of residence ' means the member state where the subscriber is habitually residing ; ### ' member state of residence ' means the member state in which the subscriber is habitually residing and to which he or she regularly returns after temporarily spending time in another country ;


### the organisational and financial contribution of publishers in producing press publications needs to be recognised and further encouraged to ensure the sustainability of the publishing industry . it is therefore necessary to provide at union level a harmonised legal protection for press publications in respect of digital uses . such protection should be effectively guaranteed through the introduction , in union law , of rights related to copyright for the reproduction and making available to the public of press publications in respect of digital uses . ### the organisational and financial contribution of publishers in producing press publications needs to be recognised and further encouraged to ensure the sustainability of the publishing industry . it is therefore necessary to provide at union level a harmonised legal protection for press publications in respect of digital uses . such protection should be effectively guaranteed through the introduction , in union law , of rights related to copyright for the reproduction and making available to the public of press publications in respect of print and digital uses .