### preparing an action plan following - up conclusions of internal or external audit reports and evaluations , as well as investigations by the european anti - fraud office and reporting on progress twice a year to the commission and regularly to the management board and the executive board ; ### preparing an action plan following - up conclusions of internal or external audit reports and evaluations , as well as investigations by the european anti - fraud office and reporting regularly on progress to the commission and regularly to the management board and the executive board ;


### as the three so - called tripartite agencies , the european foundation for the improvement of living and working conditions , the european agency for safety and health at work and the european centre for the development of vocational training address issues related to the labour market and working environment and vocational education and training and skills , close coordination among the three agencies is required and ways to enhance efficiency and synergies should be exploited . in addition , where relevant , the agency should seek to engage in efficient cooperation with the european commission ' s in - house research capacities . ### as the three tripartite agencies , the european foundation for the improvement of living and working conditions , the european agency for safety and health at work and the european centre for the development of vocational training address issues related to the labour market and working environment and vocational education and training and skills , close coordination among the three agencies is required so that the work of the agencies does not overlap where they have similar fields of interest , while ways to enhance efficiency and synergies should be exploited and any duplication among agencies , as well as between them and the commission , concerning their mandates , objectives and activities should be avoided . in addition , where relevant , the agency should seek to engage in efficient cooperation with the commission ' s and the european parliament ' s in - house research capacities . the added value of eurofound is its unique pan - european comparable data on an extremely rich and a wide range of living and working conditions provided not only to union institutions , member states , and the social partners but also to the general public .


### the members referred to in points , and shall be appointed by the council on the basis of lists of candidates submitted by the member states , the european employers’ and employees’ organisations respectively . the commission shall appoint the members who are to represent it . ### the members referred to in points , and shall be appointed by the council on the basis of lists of candidates submitted by the member states , the european employers’ and employees’ organisations respectively . the european parliament and the commission shall appoint the members who are to represent them .


### adopt and regularly update the communication and dissemination plans based on an analysis of needs ; ### adopt and regularly update the communication activities and dissemination plans based on an analysis of needs and reflect this in the agency´s programming document ;


### the translation services required for the functioning of the agency shall be provided by the translation centre of the bodies of the european union . ### the translation services required for the functioning of the agency may be provided by the translation centre of the bodies of the european union or other providers .


### the term of office for members and their alternates shall be four years . that term shall be extendable . upon the expiry of their term of office or in the event of their resignation , members shall remain in office until their appointments are renewed or until they are replaced . ### the term of office for members and alternates shall be two years . after those two years , their place shall be taken by another member to ensure a balanced and alternating representation between representatives , member state by member state . the member of the management board shall ensure that the general interests of the union and of eurofound are defended , and a balanced position maintained among the member states . upon the expiry of their term of office or in the event of their resignation , members shall remain in office until their appointments are renewed or until they are replaced .


### the term of office of members of the executive board shall be two years . that term shall be extendable . the term of office of members of the executive board shall end when their membership of the management board ends . ### the term of office of members of the executive board shall be two years . that term shall be renewable . the term of office of members of the executive board shall end when their membership of the management board ends .


### the objectives of the agency shall be to increase and disseminate knowledge to assist the commission , other eu institutions and bodies , member states and social partners in shaping and implementing policies aimed at the improvement of living and working conditions , in supporting employment policies and in promoting the dialogue between management and labour . ### the objectives of the agency shall be to increase and disseminate knowledge to assist eu institutions and bodies , member states and civil society organisations , including the social partners in shaping and implementing policies aiming to develop and pursue ideas on the medium and long - term improvement of living and working conditions , in supporting employment policies and in promoting the dialogue between management and labour .


### the annual work programme shall comprise detailed objectives and expected results including performance indicators . it shall also contain a description of the actions to be financed and an indication of the financial and human resources allocated to each action , in accordance with the principles of activity - based budgeting and management . the annual work programme shall be coherent with the multi - annual work programme referred to in paragraph 5 . it shall clearly indicate tasks that have been added , changed or deleted in comparison with the previous financial year . ### the annual work programme shall comprise detailed objectives and expected results including performance indicators as well as activities and programmes to be subject to ex ante or ex post evaluation . it shall also contain a description of the actions to be financed and an indication of the financial and human resources allocated to each action , in accordance with the principles of activity - based budgeting and management . the annual work programme shall be coherent with the multi - annual work programme referred to in paragraph 5 . it shall clearly indicate tasks that have been added , changed or deleted in comparison with the previous financial year . annual and multi - annual programming shall include the strategy for relations with third countries or international organisation referred to in article 30 and the actions linked to that strategy .


### the executive director may be removed from office only upon a decision of the management board acting on a proposal from the commission . ### in the event of misconduct , unsatisfactory performance or recurring or serious irregularities , the executive director may be removed from office only upon a decision of the management board acting on a proposal , based on a reasoned assessment , from the commission .


### give the general orientations for the agency ' s activities and adopt each year the agency ' s programming document by a majority of two - thirds of the members entitled to vote and in accordance with article 6 ; ### give the strategic orientations for the agency ' s activities , taking into account that the prime role of the management board is the strategic governance of the agency ' s work , such as its priorities and the specific themes on which it works and their coherence with the needs of stakeholders and adopt each year the agency ' s programming document by a majority of two - thirds of the members entitled to vote and in accordance with article 6 ;


### it shall apply from [ date : six months following the day of its publication ] . ### it shall apply from [ date : twelve months following the day of its publication ] .


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


### providers of online intermediation services should bear a reasonable proportion of the total costs of the mediation , taking into account all relevant elements of the case at hand . to that aim , the mediator should suggest which proportion is reasonable in the individual case . however , that proportion should never be less than half of those costs . ### providers of online intermediation services should bear a reasonable proportion of the total costs of the mediation , taking into account all relevant elements of the case at hand , including whether the case was brought in good faith . to that aim , the mediator should suggest which proportion is reasonable in the individual case .


### examples of online intermediation services covered by this regulation should consequently include online e - commerce market places , including collaborative ones on which business users are active , online software applications services and online social media services . however , this regulation should not apply to online advertising serving tools or online advertising exchanges which are not provided with the aim of facilitating the initiation of direct transactions and which do not involve a contractual relationship with consumers . this regulation should also not apply to online payment services , since they do not themselves meet the applicable requirements but are rather inherently auxiliary to the transaction for the supply of goods and services to the consumers concerned . ### examples of online intermediation services covered by this regulation should consequently include online e - commerce market places , including collaborative ones on which business users are active , online software applications services , online social media services and voice assistance services . however , this regulation should not apply to online advertising serving tools or online advertising exchanges which are not provided with the aim of facilitating the initiation of direct transactions and which do not involve a contractual relationship with consumers . this regulation should also not apply to online payment services , since they do not themselves meet the applicable requirements but are rather inherently auxiliary to the transaction for the supply of goods and services to the consumers concerned .


### ranking ; ### ranking and default settings ;


### providers of online intermediation services shall engage in good faith in any attempt to reach an agreement through the mediation of any of the mediators which they identified in accordance with paragraph 1 , with a view to reaching an agreement on the settlement of the dispute . ### providers of online intermediation services and business users shall engage in good faith in any attempt to reach an agreement through the mediation of any of the mediators which have been identified in accordance with paragraph 1 , with a view to reaching an agreement on the settlement of the dispute .


### a provider of online intermediation services can have legitimate reasons to decide to suspend or terminate the provision of its services , in whole or in part , to a given business user , including by delisting individual goods or services of a given business user or effectively removing search results . however , given that such decisions can significantly affect the interests of the business user concerned , they should be properly informed of the reasons thereof . the statement of reasons should allow business users to ascertain whether there is scope to challenge the decision , thereby improving the possibilities for business users to seek effective redress where necessary . in addition , requiring a statement of reasons should help to prevent or remedy any unintended removal of online content provided by business users which the provider incorrectly considers to be illegal content , in line with commission recommendation no 2018 / 33422 . the statement of reasons should identify the objective ground or grounds for the decision , based on the grounds that the provider had set out in advance in its terms and conditions , and refer in a proportionate manner to the relevant specific circumstances that led to that decision . _________________ 22 commission recommendation no 2018 / 334 of 1 march 2018 on measures to effectively tackle illegal content online . ### a provider of online intermediation services can have legitimate reasons to decide to suspend or terminate the provision of its services , in whole or in part , to a given business user , including by delisting individual goods or services of a given business user or effectively removing search results . however , given that such decisions can significantly affect the interests of the business user concerned , as well as the exercise of fundamental rights business users enjoy , such as the freedom to conduct business and freedom of expression , they should be properly informed of the reasons thereof . the statement of reasons should allow business users to ascertain whether there is scope to challenge the decision , thereby improving the possibilities for business users to seek effective redress where necessary . in addition , requiring a statement of reasons should help to prevent or remedy any unintended removal of online content provided by business users which the provider incorrectly considers to be illegal content , in line with commission recommendation no 2018 / 33422 . the statement of reasons should identify the objective ground or grounds for the decision , based on the grounds that the provider had set out in advance in its terms and conditions , and refer in a proportionate manner to the relevant specific circumstances that led to that decision . _________________ 22 commission recommendation no 2018 / 334 of 1 march 2018 on measures to effectively tackle illegal content online .


### paragraph 3 shall not apply where a provider of online intermediation services is subject to a legal obligation which requires it to modify its terms and conditions in a manner which does not allow it to respect the notice period referred to in the second subparagraph of paragraph 3 . ### paragraph 3 shall not apply where a provider of online intermediation services is : subject to a legal obligation which requires it to modify its terms and conditions in a manner which does not allow it to respect the notice period referred to in the second subparagraph of paragraph 3 ; addressing a security or other imminent danger related to the defend of the online intermediation services from fraud , malware , spam , data breaches or other cybersecurity risks ; in order to prevent unforeseen and imminent harm to other users of the online intermediation service . a purely administrative nature and have no clear negative effect on a business user or corporate website user .


### to ensure that the general terms and conditions of a contractual relationship enable business users to determine the commercial conditions for the use , termination and suspension of online intermediation services , and to achieve predictability regarding their business relationship , those terms and conditions should be drafted in clear and unambiguous language which is easily understood by an average business user . terms and conditions should not be considered to have been drafted in clear and unambiguous language where they are vague , unspecific or lack detail on important commercial issues and thus fail to give business users a reasonable degree of predictability on the most important aspects of the contractual relationship . ### to ensure that the general terms and conditions of a contractual relationship enable business users to determine the commercial conditions for the use , termination and suspension of online intermediation services , and to achieve predictability regarding their business relationship , those terms and conditions should be drafted in plain and intelligible language which is easily understood by an average business user . terms and conditions should not be considered to have been drafted in plain and intelligible language where they are vague , unspecific or lack detail on important commercial issues and thus fail to give business users a reasonable degree of predictability on the most important aspects of the contractual relationship . moreover , language that could be seen as misleading in the choice of phrasing should not be considered plain and intelligible .


### providers of online intermediation services shall notify to the business users concerned any envisaged modification of their terms and conditions . ### providers of online intermediation services shall notify to the business users concerned any modification of their terms and conditions .


### where a provider of online intermediation services itself offers certain goods or services to consumers through its own online intermediation services , or does so through a business user which it controls , that provider may compete directly with other business users of its online intermediation services which are not controlled by the provider . in such situations , in particular , it is important that the provider of online intermediation services acts in a transparent manner and provides a description of any differentiated treatment , whether through legal , commercial or technical means , that it might give in respect of goods or services it offers itself compared to those offered by business users . to ensure proportionality , this obligation should apply at the level of the overall online intermediation services , rather than at the level of individual goods or services offered through those services . ### where a provider of online intermediation services itself offers certain goods or services to consumers through its own online intermediation services , or does so through a business user which it controls , that provider may compete directly with other business users of its online intermediation services which are not controlled by the provider . in such situations , in particular , it is important that the provider of online intermediation services acts in a transparent manner and provides a description of any differentiated treatment , whether through legal , commercial or technical means such as default settings , that it might give in respect of goods or services it offers itself compared to those offered by business users . to ensure proportionality , this obligation should apply at the level of the overall online intermediation services , rather than at the level of individual goods or services offered through those services . furthermore , consumers often rely on services configured by default without being informed about competing goods and services , and could face technical or economic barriers if they want to choose a competing service . providers of online intermediation services should therefore not be allowed to provide any good or service under their direct or indirect control as a default option without first giving consumers the possibility to select among different competing options available when using the online intermediation service for the first time . the consumer should not be obliged to choose a default option . an online intermediation service provider’s goods or services should be considered to compete with those of its business users where the good or service can be considered as interchangeable or substitutable by consumers using the online intermediation service .


### a provider of online intermediation services can have legitimate reasons to decide to suspend or terminate the provision of its services , in whole or in part , to a given business user , including by delisting individual goods or services of a given business user or effectively removing search results . however , given that such decisions can significantly affect the interests of the business user concerned , they should be properly informed of the reasons thereof . the statement of reasons should allow business users to ascertain whether there is scope to challenge the decision , thereby improving the possibilities for business users to seek effective redress where necessary . in addition , requiring a statement of reasons should help to prevent or remedy any unintended removal of online content provided by business users which the provider incorrectly considers to be illegal content , in line with commission recommendation no 2018 / 33422 . the statement of reasons should identify the objective ground or grounds for the decision , based on the grounds that the provider had set out in advance in its terms and conditions , and refer in a proportionate manner to the relevant specific circumstances that led to that decision . _________________ 22 commission recommendation no 2018 / 334 of 1 march 2018 on measures to effectively tackle illegal content online . ### a provider of online intermediation services can have legitimate reasons to decide to suspend or terminate the provision of its services , in whole or in part , to a given business user , including by delisting individual goods or services of a given business user or effectively removing search results . however , given that such decisions can significantly affect the interests of the business user concerned , they should be properly informed of the reasons thereof . the statement of reasons should allow business users to ascertain whether there is scope to challenge the decision , thereby improving the possibilities for business users to seek effective redress where necessary . in addition , requiring a statement of reasons should help to prevent or remedy any unintended removal of online content provided by business users which the provider incorrectly considers to be illegal content , in line with commission recommendation no 2018 / 334 . in order to avoid an unjustified burden by online intermediation services due the potential number of cases , the statement of reasons should take place in two parts . the online intermediation services immediately inform the business user of the general reasons for the decision on the grounds that the provider had set out in advance in its terms and condition . upon the request of the business users , an additional statement of specific reasons should identify the objective ground or grounds for the decision , based on the grounds that the provider had set out in advance in its terms and conditions , and refer in a proportionate manner to the relevant specific circumstances that led to that decision should be provided without delay to the business user .


### any attempt to reach an agreement through mediation on the settlement of a dispute in accordance with this article shall not affect the rights of the providers of the online intermediation services and of the business users concerned to initiate judicial proceedings at any time during or after the mediation process . ### any attempt to reach an agreement through mediation on the settlement of a dispute in accordance with this article shall not affect the rights of the providers of the online intermediation services and of the business users concerned to initiate judicial proceedings at any time during or after the mediation process . initiation of judicial proceedings is not conditional on the initiation of a mediation process .


### examples of online intermediation services covered by this regulation should consequently include online e - commerce market places , including collaborative ones on which business users are active , online software applications services and online social media services . however , this regulation should not apply to online advertising serving tools or online advertising exchanges which are not provided with the aim of facilitating the initiation of direct transactions and which do not involve a contractual relationship with consumers . this regulation should also not apply to online payment services , since they do not themselves meet the applicable requirements but are rather inherently auxiliary to the transaction for the supply of goods and services to the consumers concerned . ### examples of online intermediation services covered by this regulation should consequently include online e - commerce market places , including collaborative ones on which business users are active , such as online hotel reservation services , and any marketplace like functionality of online software applications services and online social media services and voice assistance services . however , this regulation should not apply to online advertising serving tools or online advertising exchanges which are not provided with the aim of facilitating the initiation of direct transactions and which do not involve a contractual relationship with consumers . this regulation should also not apply to online payment services , since they do not themselves meet the applicable requirements but are rather inherently auxiliary to the transaction for the supply of goods and services to the consumers concerned or electronic communications networks or services or audiovisual media services , which are subject to sector specific regulation in relation to transparency , redress and non discrimination ;


### a wide variety of business - to - consumer commercial relations are intermediated online by providers operating multi - sided services that are essentially based on the same ecosystem - building business model . in order to capture the relevant services , online intermediation services should be defined in a precise and technologically - neutral manner . in particular , the services should consist of information society services , which are characterised by the fact that they aim to facilitate the initiating of direct transactions between business users and consumers , irrespective of whether the transactions are ultimately concluded either online , on the online portal of the provider of the online intermediation services in question or that of the business user , or offline . in addition , the services should be provided on the basis of contractual relationships both between the providers and business users and between the providers and the consumers . such a contractual relationship should be deemed to exist where both parties concerned express their intention to be bound in an unequivocal and verifiable manner , without an express written agreement necessarily being required . ### a wide variety of business - to - consumer commercial relations are intermediated online by providers operating multi - sided services that are essentially based on the same ecosystem - building business model . in order to capture the relevant services , online intermediation services should be defined in a precise and technologically - neutral manner . in particular , the services should consist of information society services , which are characterised by the fact that they aim to enable business users to target or direct offers of goods or services to consumers , with a view to receiving direct or indirect remuneration from direct transactions between business users and consumers , irrespective of whether the transactions are ultimately concluded either online , on the online portal of the provider of the online intermediation services in question or that of the business user , or offline . in addition , the services should be provided on the basis of contractual relationships both between the providers and business users and between the providers and the consumers . such a contractual relationship should be deemed to exist where both parties concerned express their intention to be bound in an unequivocal and verifiable manner , without an express written agreement necessarily being required .


### to ensure that the general terms and conditions of a contractual relationship enable business users to determine the commercial conditions for the use , termination and suspension of online intermediation services , and to achieve predictability regarding their business relationship , those terms and conditions should be drafted in clear and unambiguous language which is easily understood by an average business user . terms and conditions should not be considered to have been drafted in clear and unambiguous language where they are vague , unspecific or lack detail on important commercial issues and thus fail to give business users a reasonable degree of predictability on the most important aspects of the contractual relationship . ### to ensure that the general terms and conditions of a contractual relationship enable business users to determine the commercial conditions for the use , termination and suspension of online intermediation services , and to achieve predictability regarding their business relationship , those terms and conditions should be drafted in plain and intelligible language which is easily understood by an average business user . terms and conditions should not be considered to have been drafted in plain and intelligible language where they are vague , unspecific on important commercial issues and thus fail to give business users a reasonable degree of predictability on the most important aspects of the contractual relationship .


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


### ' online search engine ' means a digital service that allows users to perform searches of , in principle , all websites or websites in a particular language on the basis of a query on any subject in the form of a keyword , phrase or other input , and returns links in which information related to the requested content can be found ; ### ' online search engine ' means a digital service , including inter alia digital interfaces and applications , including mobile applications with search functionality , that allows users to input queries and perform searches of various websites or websites and mobile applications in a particular language on the basis of a query on any subject in the form of a keyword , phrase or other input , and returns content such as short texts , pictures , links , videos , audios , in which information related to the search can be found ;


### providers of online intermediation services shall bear a reasonable proportion of the total costs of mediation in each individual case . a reasonable proportion of those total costs shall be determined , on the basis of a suggestion by the mediator , by taking into account all relevant elements of the case at hand , in particular the relative merits of the claims of the parties to the dispute , the conduct of the parties , as well as the size and financial strength of the parties relative to one another . however , providers of online intermediation services shall in any case bear at least half of the total cost . ### providers of online intermediation services shall bear a reasonable proportion of the total costs of mediation in each individual case . a reasonable proportion of those total costs shall be determined , on the basis of a suggestion by the mediator , by taking into account all relevant elements of the case at hand , in particular the relative merits of the claims of the parties to the dispute , the conduct of the parties , as well as the size and financial strength of the parties relative to one another .


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


### by [ date : three years after the date of entry into force ] , and subsequently every three years , the commission shall evaluate this regulation and report to the european parliament , the council and the european economic and social committee . ### by [ date : two years after the date of entry into force ] , and subsequently every three years , the commission shall evaluate this regulation and report to the european parliament , the council and the european economic and social committee .


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


### the stakeholder group shall be composed of six representatives of union - level social partners equally representing trade unions and employer’s organisations , and two representatives of the commission . ### the stakeholder group shall be composed of eight representatives of union - level social partners equally representing trade unions and employer’s organisations , four representatives of relevant civil society organisations , one representative of the ilo and two representatives of the commission .


### the authority should perform its activities in the areas of cross - border labour mobility and social security coordination , including free movement of workers , posting of workers and highly mobile services . it should also enhance cooperation between member states in tackling undeclared work . in cases where the authority , in the course of the performance of its activities , becomes aware of suspected irregularities , including in areas of union law beyond its scope , such as violations of working conditions , health and safety rules , or the employment of illegally staying third - country nationals , it should be able to report them and cooperate on these matters with the commission , competent union bodies , and national authorities where appropriate . ### the authority should perform its activities in the areas of social security coordination and cross - border labour mobility , including posting of workers and highly mobile services in the framework of provision of services . it should also enhance cooperation between member states in tackling undeclared work . in cases where the authority , in the course of the performance of its activities , becomes aware of suspected irregularities , including in areas of union law beyond its scope , such as violations of working conditions , health and safety rules , or the employment of illegally staying third - country nationals , it should be able to report them and cooperate on these matters with the commission , competent union bodies , and national authorities where appropriate .


### promote and share best practices ; ### promote and share best practices between member states , and between existing cooperation organisations and the member states’ supervisory authorities ;


### the stakeholder group shall be chaired by the executive director and shall meet at least twice a year on the initiative of the executive director or at the request of the commission . ### the stakeholder group shall be chaired by the executive director and shall meet at least three times a year at regular intervals and where necessary at the request of the commission .


### the executive director may be removed from office only upon a decision of the management board acting on a proposal from the commission . ### the executive director may be removed from office only upon a decision of the management board acting on its own initiative or on a proposal from the commission .


### a european labour authority should be established in order to help strengthen fairness and trust in the single market . to that effect , the authority should support the member states and the commission in strengthening access to information for individuals and employers about their rights and obligations in cross - border labour mobility situations as well as access to relevant services , support compliance and cooperation between the member states to ensure the effective application of the union law in these areas , and mediate and facilitate a solution in case of cross - border disputes or labour market disruptions . ### a european labour authority should be established in order to facilitate the application of the union legislation and promote free movement of workers and services . to that effect , the authority should support the member states and the commission in strengthening access to information for individuals and employers about their rights and obligations in cross - border labour mobility situations as well as access to relevant services , support compliance and cooperation between the member states to ensure the effective application of the union law in these areas , and mediate and facilitate a solution in case of cross - border disputes or labour market disruptions .


### to increase member states ' capacity to tackle irregularities with a cross - border dimension in relation to union law within its scope , the authority should support the national authorities in carrying out concerted and joint inspections , including by facilitating the implementation of the inspections in accordance with article 10 of directive 2014 / 67 / eu . these should take place at the request of member states or upon their agreement to the authority ' s suggestion . the authority should provide strategic , logistical , and technical support to member states participating in the concerted or joint inspections in full respect of confidentiality requirements . inspections should be carried out in agreement with the member states concerned and take place fully within the legal framework of national law of member states concerned , which should follow up on the outcomes of the concerted and joint inspections according to national law . ### to increase member states ' capacity to tackle irregularities with a cross - border dimension in relation to union law within its scope , the agency should support the national authorities in carrying out concerted and joint inspections and checks , including by facilitating the implementation of the checks and inspections in accordance with article 10 of directive 2014 / 67 / eu . these should take place at the request of member states or upon their agreement to the agency ' s suggestion and always upon the agreement of the member state concerned . the agency should provide strategic , logistical , and technical support to member states participating in the concerted or joint inspections in full respect of confidentiality requirements . inspections should be carried out in agreement with the member state concerned and take place fully within the legal framework of national law applicable on the territory of the member state in which the inspection is being carried out , which should follow up on the outcomes of the concerted and joint inspections according to this national law .


### a european labour authority should be established in order to help strengthen fairness and trust in the single market . to that effect , the authority should support the member states and the commission in strengthening access to information for individuals and employers about their rights and obligations in cross - border labour mobility situations as well as access to relevant services , support compliance and cooperation between the member states to ensure the effective application of the union law in these areas , and mediate and facilitate a solution in case of cross - border disputes or labour market disruptions . ### a european labour authority should be established in order to help strengthen fairness and trust in the single market . to that effect , the authority should support the member states and the commission in strengthening access to information for individuals and employers about their rights and obligations in cross - border labour mobility situations as well as access to relevant services , support compliance and cooperation between the member states to ensure the effective application of the union law in these areas ,


### facilitate access for individuals and employers to information on their rights and obligations as well as to relevant services ; ### improve transparency and facilitate access for individuals and employers to information on their rights and obligations , as well as to relevant services ;


### the authority should perform its activities in the areas of cross - border labour mobility and social security coordination , including free movement of workers , posting of workers and highly mobile services . it should also enhance cooperation between member states in tackling undeclared work . in cases where the authority , in the course of the performance of its activities , becomes aware of suspected irregularities , including in areas of union law beyond its scope , such as violations of working conditions , health and safety rules , or the employment of illegally staying third - country nationals , it should be able to report them and cooperate on these matters with the commission , competent union bodies , and national authorities where appropriate . ### to ensure the efficient functioning of the authority , it is necessary for its objective , together with its tasks and responsibilities , to be clearly defined , so as to ensure complementarity of its tasks with those of existing entities . the authority should perform its activities in the areas of cross - border labour mobility and social security coordination , including free movement of workers , posting of workers and cross - border provision of services , such as the transport sector . it should also enhance cooperation between member states in tackling undeclared work . in cases where the authority , in the course of the performance of its activities , becomes aware of suspected irregularities , including in areas of union law beyond its scope , such as violations of working conditions , health and safety rules , undeclared work and restrictions on rights and benefits , or the employment of illegally staying third - country nationals , it should report them efficiently and without undue delay and cooperate on these matters with the commission , competent union bodies , and national authorities .


### the authority should contribute to facilitating the free movement of workers governed by regulation no 492 / 2011 of the european parliament and of the council39 , directive 2014 / 54 / eu of the european parliament and the council40 and regulation 2016 / 589 of the european parliament and the council41 . it should facilitate the posting of workers governed by directive 96 / 71 / ec of the european parliament and the council42 and directive 2014 / 67 / eu of the european parliament and the council43 , including by supporting the enforcement of those provisions implemented through universally applicable collective agreements in line with the practices of member states . it should also help the coordination of social security systems governed by regulation no 883 / 2004 of the european parliament and the council44 , regulation no 987 / 2009 of the european parliament and the council45 , regulation no 1231 / 2010 of the european parliament and the council46 ; as well as council regulation no 1408 / 7147 and council regulation no 574 / 7248 . __________________ 39 regulation no 492 / 2011 of the european parliament and of the council of 5 april 2011 on freedom of movement for workers within the union . 40 directive 2014 / 54 / eu of the european parliament and the council of 16 april 2014 on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers . 41 regulation 2016 / 589 of the european parliament and the council of 13 april 2016 on a european network of employment services , workers’ access to mobility services and the further integration of labour markets , and amending regulations no 492 / 2011 and no 1296 / 2013 . 42 directive 96 / 71 / ec of the european parliament and of the council of 16 december 1996 concerning the posting of workers in the framework of the provision of services . 43 directive 2014 / 67 / eu of the european parliament and of the council of 15 may 2014 on the enforcement of directive 96 / 71 / ec concerning the posting of workers in the framework of the provision of services and amending regulation no 1024 / 2012 on administrative cooperation through the internal market information system . 44 regulation no 883 / 2004 of the european parliament and of the council of 29 april 2004 on the coordination of social security systems , . 45 regulation no 987 / 2009 of the european parliament and of the council of 16 september 2009 laying down the procedure for implementing regulation no 883 / 2004 on the coordination of social security systems , . 46 regulation no 1231 / 2010 of the european parliament and of the council of 24 november 2010 extending regulation no 883 / 2004 and regulation no 987 / 2009 to nationals of third countries who are not already covered by these regulations solely on the ground of their nationality . 47 council regulation no 1408 / 71 of 14 june 1971 on the application of social security schemes to employed persons , to self - employed persons and to members of their families moving within the community . 48 council regulation no 574 / 72 of 21 march 1972 laying down the procedure for implementing regulation no 1408 / 71 on the application of social security schemes to employed persons , to self - employed persons , and to their families moving within the community . ### the authority should contribute to facilitating the free movement of workers governed by regulation no 492 / 2011 of the european parliament and of the council39 , directive 2014 / 54 / eu of the european parliament and the council40 and regulation 2016 / 589 of the european parliament and the council41 . it should facilitate the posting of workers governed by directive 96 / 71 / ec of the european parliament and the council42 and directive 2014 / 67 / eu of the european parliament and the council43 , and lex specialis on posting of drivers , including by supporting the enforcement of those provisions . it should also help the coordination of social security systems governed by regulation no 883 / 2004 of the european parliament and the council44 , regulation no 987 / 2009 of the european parliament and the council45 , regulation no 1231 / 2010 of the european parliament and the council46 ; as well as council regulation no 1408 / 7147 and council regulation no 574 / 7248 . __________________ 39 regulation no 492 / 2011 of the european parliament and of the council of 5 april 2011 on freedom of movement for workers within the union . 40 directive 2014 / 54 / eu of the european parliament and the council of 16 april 2014 on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers . 41 regulation 2016 / 589 of the european parliament and the council of 13 april 2016 on a european network of employment services , workers’ access to mobility services and the further integration of labour markets , and amending regulations no 492 / 2011 and no 1296 / 2013 . 42 directive 96 / 71 / ec of the european parliament and of the council of 16 december 1996 concerning the posting of workers in the framework of the provision of services . 43 directive 2014 / 67 / eu of the european parliament and of the council of 15 may 2014 on the enforcement of directive 96 / 71 / ec concerning the posting of workers in the framework of the provision of services and amending regulation no 1024 / 2012 on administrative cooperation through the internal market information system . 44 regulation no 883 / 2004 of the european parliament and of the council of 29 april 2004 on the coordination of social security systems , . 45 regulation no 987 / 2009 of the european parliament and of the council of 16 september 2009 laying down the procedure for implementing regulation no 883 / 2004 on the coordination of social security systems , . 46 regulation no 1231 / 2010 of the european parliament and of the council of 24 november 2010 extending regulation no 883 / 2004 and regulation no 987 / 2009 to nationals of third countries who are not already covered by these regulations solely on the ground of their nationality . 47 council regulation no 1408 / 71 of 14 june 1971 on the application of social security schemes to employed persons , to self - employed persons and to members of their families moving within the community . 48 council regulation no 574 / 72 of 21 march 1972 laying down the procedure for implementing regulation no 1408 / 71 on the application of social security schemes to employed persons , to self - employed persons , and to their families moving within the community .


### the governing board shall be composed of one representative of each member state , and five representatives of the commission , on behalf of the union . ### the governing board shall be composed of one representative of each member state , and five representatives of the commission , and one representative the european network and information security agency , on behalf of the union .


### whether the person concerned is armed , violent , has escaped or is involved in an activity as referred to in articles 1 , 2 , 3 and 4 of council framework decision 2002 / 475 / jha on combating terrorism ; ### whether the person concerned is armed , violent , has escaped or is involved in an activity as referred to in titles ii and iii of directive 2017 / 541 on combating terrorism ;


### alerts should not be kept in sis longer than the time required to fulfil the purposes for which they were issued . in order to reduce the administrative burden on the different authorities involved in processing data on individuals for different purposes , it is appropriate to align the retention period of alerts on persons with the retention periods envisaged for return and illegal stay purposes . moreover , member states regularly extend the expiry date of alerts on persons if the required action could not be taken within the original time period . therefore , the retention period for alerts on persons should be a maximum of five years . under the general principle , alerts on persons should be automatically deleted from sis after a period of five years , except those entered for the purpose of a discreet , specific or investigative check , which must be deleted after a year . alerts on objects for the purpose of discreet , investigative or specific checks should be automatically deleted from sis after a year , as they are still linked to persons . alerts on objects for seizure or use as evidence in criminal proceedings should be automatically deleted from sis after a period of five years , as after such a period the likelihood of finding them is very low and their economic value is significantly diminished . alerts on issued and blank identification documents should be kept for 10 years , as the validity period of documents is 10 years at the time of issuance . decisions to keep alerts on persons should be based on a comprehensive individual assessment . member states should review alerts on persons within the defined period and keep statistics about the number of alerts on persons for which the retention period has been extended . ### alerts should not be kept in sis longer than the time required to fulfil the purposes for which they were issued . the retention period for alerts on persons should be a maximum of three years . under the general principle , alerts on persons should be automatically deleted from sis after a period of three years , except those entered for the purpose of a discreet , specific or investigative check , which must be deleted after a year . alerts on objects for the purpose of discreet , investigative or specific checks should be automatically deleted from sis after a year , as they are still linked to persons . alerts on objects for seizure or use as evidence in criminal proceedings should be automatically deleted from sis after a period of five years , as after such a period the likelihood of finding them is very low and their economic value is significantly diminished . alerts on issued and blank identification documents should be kept for 10 years , as the validity period of documents is 10 years at the time of issuance . decisions to keep alerts on persons should be based on a comprehensive individual assessment . member states should review alerts on persons within the defined period and keep statistics about the number of alerts on persons for which the retention period has been extended .


### fingerprints found at a crime scene should be allowed to be checked against the fingerprints stored in sis if it can be established to a high degree of probability that they belong to the perpetrator of the serious crime or terrorist offence . serious crime should be the offences listed in council framework decision 2002 / 584 / jha47 and ‘ terrorist offence’ should be offences under national law referred to in council framework decision 2002 / 475 / jha48 . _________________ 47 council framework decision 2002 / 584 / jha of 13 june 2002 on the european arrest warrant and the surrender procedures between member state . 48 council framework decision 2002 / 475 / jha of 13 june 2002 on combatting terrorism . ### fingerprints and palm prints found at a crime scene should be allowed to be checked against the dactylographic data stored in sis if it can be established to a high degree of probability that they belong to the perpetrator of the serious crime or terrorist offence . serious crime should be the offences listed in council framework decision 2002 / 584 / jha47 and ‘ terrorist offence’ should be offences under national law referred to in directive of 15 march 2017 on combating terrorism .


### where the member states are unable to reach agreement within two months of the time when the evidence first came to light , as described in paragraph 3 , the member state which did not issue the alert shall submit the matter to the national supervisory authorities concerned for a decision . ### where the member states are unable to reach agreement within two months of the time when the evidence first came to light , as described in paragraph 3 , the member state which did not issue the alert shall submit the matter to the national supervisory authorities concerned and to the european data protection supervisor for a decision , in line with the cooperation provided for in article 69 .


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


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


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


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


### right of access , rectification of inaccurate data and erasure of unlawfully stored data ### right of access , rectification of inaccurate data , erasure and restrictions on the processing of unlawfully stored data


### paragraph 2 shall apply in particular to children and to persons who have to be interned following a decision by a competent authority . ### paragraph 2 shall apply to children and to persons who have to be interned following a decision by a competent judicial authority .


### the agency shall provide the member states , the commission , europol , eurojust and the european border and coast guard agency with any statistical reports that it produces . in order to monitor the implementation of legal acts of the union , the commission shall be able to request the agency to provide additional specific statistical reports , either regular or ad hoc , on the performance or use of sis and sirene communication . ### the agency shall provide the member states , the commission , the european parliament , europol , eurojust and the european border and coast guard agency with any statistical reports that it produces . in order to monitor the implementation of legal acts of the union , the commission shall be able to request the agency to provide additional specific statistical reports , either regular or ad hoc , on the performance or use of sis and sirene communication .


### alerts should not be kept in sis longer than the time required to fulfil the purposes for which they were issued . in order to reduce the administrative burden on the different authorities involved in processing data on individuals for different purposes , it is appropriate to align the retention period of alerts on persons with the retention periods envisaged for return and illegal stay purposes . moreover , member states regularly extend the expiry date of alerts on persons if the required action could not be taken within the original time period . therefore , the retention period for alerts on persons should be a maximum of five years . as a general principle , alerts on persons should be automatically deleted from sis after a period of five years , except for alerts issued for the purposes of discreet , specific and inquiry checks . these should be deleted after one year . alerts on objects entered for discreet checks , inquiry checks or specific checks should be automatically deleted from the sis after a period of one year , as they are always related to persons . alerts on objects for seizure or use as evidence in criminal proceedings should be automatically deleted from sis after a period of five years , as after such a period the likelihood of finding them is very low and their economic value is significantly diminished . alerts on issued and blank identification documents should be kept for 10 years , as the validity period of documents is 10 years at the time of issuance . decisions to keep alerts on persons should be based on a comprehensive individual assessment . member states should review alerts on persons within the defined period and keep statistics about the number of alerts on persons for which the retention period has been extended . ### alerts should not be kept in sis longer than the time required to fulfil the purposes for which they were issued . moreover , member states regularly extend the expiry date of alerts on persons if the required action could not be taken within the original time period . therefore , the retention period for alerts on persons should be a maximum of three years . as a general principle , alerts on persons should be automatically deleted from sis after a period of three years , except for alerts issued for the purposes of discreet and specific checks . these should be deleted after one year . alerts on objects entered for discreet checks or specific checks should be automatically deleted from the sis after a period of one year , as they are always related to persons . alerts on objects for seizure or use as evidence in criminal proceedings should be automatically deleted from sis after a period of five years , as after such a period the likelihood of finding them is very low and their economic value is significantly diminished . alerts on issued and blank identification documents should be kept for 10 years , as the validity period of documents is 10 years at the time of issuance . decisions to keep alerts on persons should be based on a comprehensive individual assessment . member states should review alerts on persons within the defined period and keep statistics about the number of alerts on persons for which the retention period has been extended .


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


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


### the european border and coast guard agency shall , for the purpose of performing its tasks conferred on it by the regulation establishing a european travel information and authorisation system , have the right to access and search data entered in sis , in accordance with articles 26 , 32 , 34 , 36 and 38 and . ### authorised personnel from the etias central unit under the european border and coast guard agency shall , for the purpose of performing its tasks conferred on it by the regulation establishing a european travel information and authorisation system , have the right to access and search data entered in sis , in accordance with articles 26 , 32 , 34 , 36 and 38 and .


### a member state issuing an alert shall , within five years of its entry into sis , review the need to retain it . alerts issued for the purposes of article 36 of this regulation shall be kept for a maximum period of one year . ### a member state issuing an alert shall , within three years of its entry into sis , review the need to retain it . alerts issued for the purposes of article 36 of this regulation shall be kept for a maximum period of one year .


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


### in order to bridge the gap in information sharing on terrorism , in particular on foreign terrorist fighters – where monitoring of their movement is crucial – member states should share information on terrorism - related activity with europol in parallel to introducing an alert in sis , as well as hits and related information . this should allow europol ' s european counter terrorism centre to verify if there is any additional contextual information available in europol ' s databases and to deliver high quality analysis contributing to disrupting terrorism networks and , where possible , preventing their attacks . ### in order to bridge the gap in information sharing on terrorism , in particular on foreign terrorist fighters – where monitoring of their movement is crucial – member states should share information on terrorism - related activity with europol in parallel to introducing an alert in sis , as well as hits , related information and information when action to be taken is not carried out . this should allow europol ' s european counter terrorism centre to verify if there is any additional contextual information available in europol ' s databases and to deliver high quality analysis contributing to disrupting terrorism networks and , where possible , preventing their attacks .


### sex ; ### gender ;


### ‘ category iwa’ , comprising engines exclusively for use in inland waterway vessels , for auxiliary purposes or intended for auxiliary purposes , having a net power that is greater than 560 kw . ### ' category iwa ' , comprising engines exclusively for use in inland waterway vessels , for auxiliary purposes or intended for auxiliary purposes .


### engines with a reference power greater than 560 kw used in place of engines of category iwa subject to complying with the requirements of article 23 ; ### engines used in place of engines of category iwa subject to complying with the requirements of article 23 ;


### engines with a reference power of less than 560 kw used in place of engines of categories iwp , rll or rlr ; ### engines with a reference power of less than 560 kw used in place of engines of categories iwa , iwp , rll or rlr ;


### ‘ category iwa ' , comprising engines exclusively for use in inland waterway vessels , for auxiliary purposes or intended for auxiliary purposes , having a net power that is greater than 560 kw . ### ' category iwa ' , comprising engines exclusively for use in inland waterway vessels , for auxiliary purposes or intended for auxiliary purposes .


### in case of an engine of category iwp having a reference power greater than 560 kw that is intended for use in place of an engine of category iwa in accordance with the second subparagraph of article 4 , the requirements of paragraph 5 shall be met separately for each applicable steady - state test cycle set out in both tables iv - 5 and iv - 6 of annex iv , and the type - approval information document shall indicate each steady - state test cycle for which this requirement was fulfilled . ### in case of an engine of category iwp that is intended for use in place of an engine of category iwa in accordance with the second subparagraph of article 4 , the requirements of paragraph 5 shall be met separately for each applicable steady - state test cycle set out in both tables iv - 5 and iv - 6 of annex iv , and the type - approval information document shall indicate each steady - state test cycle for which this requirement was fulfilled .


### in determining whether a foreign direct investment is likely to affect security or public order , member states and the commission may take into account whether the foreign investor is controlled by the government of a third country , including through significant funding . ### in determining whether a foreign direct investment is likely to affect security or public order , member states and the commission shall take into account whether the foreign investor is directly or indirectly controlled by the government of a third country , including through significant funding .


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


### furthermore , the commission should have the possibility to screen foreign direct investments likely to affect projects and programmes of union interest on grounds of security or public order . this would give the commission a tool to protect projects and programmes which serve the union as whole and represent an important contribution to its economic growth , jobs and competitiveness . this should include in particular projects and programmes involving a substantial eu funding or established by union legislation regarding critical infrastructure , critical technologies or critical inputs . for greater clarity , an indicative list of projects or programmes of union interest in relation to which foreign direct investment can be subject to a screening by the commission should be listed in an annex . ### furthermore , the commission should have the possibility to screen foreign direct investments likely to affect past , current and future projects and programmes of union interest on grounds of security or public order . this would give the commission a tool to protect projects and programmes which serve the union as whole and represent an important contribution to its economic growth , jobs and competitiveness . this should include in particular projects and programmes involving a substantial eu funding or established by union legislation regarding critical infrastructure , critical technologies or critical inputs . for greater clarity , an indicative list of projects or programmes of union interest in relation to which foreign direct investment can be subject to a screening by the commission should be listed in an annex .


### the commission may screen foreign direct investments that are likely to affect projects or programmes of union interest on the grounds of security or public order . ### the commission shall screen foreign direct investments that are likely to affect projects or programmes of union interest on the grounds of security or public order .


### member states may maintain , amend or adopt mechanisms to screen foreign direct investments on the grounds of security or public order , under the conditions and in accordance with the terms set out in this regulation . ### member states shall maintain , amend or adopt mechanisms to screen foreign direct investments on the grounds of security or public order , under the conditions and in accordance with the terms set out in this regulation .


### the commission or a member state which duly considers that a foreign direct investment is likely to affect its security or public order may request from the member state where the foreign direct investment is planned or has been completed , any information necessary to provide comments referred to in paragraph 2 , or to issue the opinion referred to in paragraph 3 . ### upon request by the commission or a member state which duly considers that a foreign direct investment is likely to affect its security or public order , the member state where the foreign direct investment is planned or has been completed , shall deliver any information necessary to provide comments referred to in paragraph 2 , or to issue the opinion referred to in paragraph 3 .


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


### where the commission considers that a foreign direct investment is likely to affect security or public order in one or more member states , it may issue an opinion addressed to the member state in which the foreign direct investment is planned or has been completed . the commission may issue an opinion irrespective of whether other member states have provided comments . ### where the commission considers that a foreign direct investment is likely to affect security or public order in more than one member state , it shall issue an opinion addressed to the member state in which the foreign direct investment is planned or has been completed and addressed to the other member state which could potentially be impacted , or which have been impacted . the commission may issue an opinion irrespective of whether other member states choose to do so .


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


### the intended recipient of the cash , including full name , address , date and place of birth , and nationality ; ### the intended recipient of the cash , including for natural persons full name , contact details , date and place of birth , identification document number and nationality and for legal persons full name , contact details , registration number or value added tax registration number ;


### the owner of the cash , including the full name , address , date and place of birth and nationality ; ### the owner of the cash , including the full name , contact details , date and place of birth , nationality and id number in case of natural persons or registration number or vat number in case of legal persons ;


### the sender of the cash , including the full name , address , date and place of birth and nationality ; ### the sender of the cash , including for natural persons full name , contact details , date and place of birth , identification document number and nationality and for legal persons full name , contact details , registration number or value added tax registration number ;


### obligation to declare ### obligation to declare accompanied cash


### the commission shall submit to the european parliament and to the council a report on the application of this regulation five years after its entry into force and every five years thereafter . ### the commission shall , on the basis of the information regularly received from the member states , submit to the european parliament and to the council a report on the application of this regulation three years after its entry into force and every three years thereafter . that report shall evaluate whether the disclosure procedure for unaccompanied cash fits the purpose or whether the introduction of a mandatory declaration would be a more viable option and shall present , if appropriate , a legislative proposal . it shall also evaluate whether other assets should be included within the scope of this regulation .


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


### the period of temporary retention shall be strictly limited to the time required for competent authorities to determine whether the circumstances of the case warrant further retention . the maximum period of temporary retention shall be laid down by national law ; it may not be longer than 30 days . if no determination is made regarding further retention of the cash within that period or if a determination is made that the circumstances of the case do not warrant further retention , the cash shall immediately be made available to the declarant . ### the period of temporary retention shall be strictly limited to the time required for competent authorities to determine whether the circumstances of the case warrant further retention . the maximum period of temporary retention shall be laid down by national law ; it may not be longer than 90 days . if no determination is made regarding further retention of the cash within that period or if a determination is made that the circumstances of the case do not warrant further retention , the cash shall immediately be made available to the declarant .


### the controls shall be based primarily on risk analysis , with the purpose of identifying and evaluating the risks and developing the necessary counter - measures , and shall be performed within a common risk management framework in accordance with the criteria laid down pursuant to article 15 . ### the controls , other than random checks , shall be based primarily on risk analysis , with the purpose of identifying and evaluating the risks and developing the necessary counter - measures , and shall be performed within a common risk management framework as defined in regulation 952 / 2013 . this framework shall take into account the risk assessment analysis carried out under article 6 and 7 of directive 2015 / 849 .


### the sender of the cash , including the full name , address , date and place of birth and nationality ; ### the sender of the cash , including the full name , contact details , date and place of birth , nationality and id number in case of natural persons or registration number or vat number in case of legal persons ;


### the recipient or intended recipient of the cash , including the full name , address , date and place of birth and nationality ; ### the recipient or intended recipient of the cash , including for natural persons the full name , contact details , date and place of birth , identification document number and nationality and for legal persons full name , contact details , registration number or value added tax registration number ;


### the declarant , including full name , address , date and place of birth , and nationality ; ### the carrier , including full name , contact details , date and place of birth , nationality and identification document number ;


### the recipient or intended recipient of the cash , including the full name , address , date and place of birth and nationality ; ### the recipient or intended recipient of the cash , including the full name , contact details , date and place of birth , nationality and id number in case of natural persons or registration number or vat number in case of legal persons ;


### the declarant , including full name , address , date and place of birth , and nationality ; ### the declarant , including full name , contact details , date and place of birth , and nationality and identification document number ;


### the owner of the cash , including full name , address , date and place of birth , and nationality ; ### the owner of the cash , including for natural persons full name , contact details , date and place of birth , identification document number and nationality and for legal persons full name , contact details , registration number or value added tax registration number ;


### disclosure obligation ### disclosure obligation for unaccompanied cash


### the owner of the cash , including the full name , address , date and place of birth and nationality ; ### the owner of the cash , including for natural persons the full name , contact details , date and place of birth , identification document number and nationality and for legal persons full name , contact details , registration number or value added tax registration number ;


### 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 .


### 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 .


### 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 .


### 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 .


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