### (3) the union institutions , bodies and agencies’ it environments have interdependencies , integrated data flows and their users collaborate closely. this interconnection means that any disruption , even when initially confined to one union institution , body or agency , can have cascading effects more broadly , potentially resulting in far-reaching and long-lasting negative impacts on the others. in addition , certain institutions , bodies and agencies’ it environments are connected with member states’ it environments , causing an incident in one union entity to pose a risk to the cybersecurity of member states’ it environments and vice versa. ### (3) the union entities’ it environments have interdependencies , integrated data flows and their users collaborate closely. this interconnection means that any disruption , even when initially confined to one union entities , can have cascading effects more broadly , potentially resulting in far-reaching and long-lasting negative impacts on the others. in addition , certain entities’ it environments are connected with member states’ it environments , causing an incident in one union entity to pose a risk to the cybersecurity of member states’ it environments and vice versa.


### (4) the union institutions , bodies and agencies are attractive targets who face highly skilled and well-resourced threat actors as well as other threats. at the same time , the level and maturity of cyber resilience and the ability to detect and respond to malicious cyber activities varies significantly across those entities. it is thus necessary for the functioning of the european administration that the institutions , bodies and agencies of the union achieve a high common level of cybersecurity through a cybersecurity baseline (a set of minimum cybersecurity rules with which network and information systems and their operators and users have to be compliant to minimise cybersecurity risks) , information exchange and collaboration. ### (4) the union institutions , bodies and agencies are attractive targets which have been the object of cyber attacks in the past and may , given the increasing number of cyber threats , be exposed to further attacks , and they face highly skilled and well-resourced threat actors as well as other threats. at the same time , the level and maturity of cyber resilience and the ability to detect and respond to malicious cyber activities varies significantly across those entities. it is thus necessary for the functioning of the european administration that the institutions , bodies and agencies of the union achieve a high common level of cybersecurity through a cybersecurity baseline (a set of minimum cybersecurity rules with which network and information systems and their operators and users have to be compliant to minimise cybersecurity risks) , information exchange and collaboration.


### (15) ‘joint cyber unit’ means a virtual and physical platform for cooperation for the different cybersecurity communities in the union , with a focus on operational and technical coordination against major cross-border cyber threats and incidents within the meaning of commission recommendation of 23 june 2021; ### deleted


### (7) the differences between union institutions , bodies and agencies require flexibility in the implementation since one size will not fit all. the measures for a high common level of cybersecurity should not include any obligations directly interfering with the exercise of the missions of union institutions , bodies and agencies or encroaching on their institutional autonomy. thus , those institutions , bodies and agencies should establish their own frameworks for cybersecurity risk management , governance and control , and adopt their own baselines and cybersecurity plans. ### (7) the differences between union institutions , bodies and agencies require flexibility in the implementation since one size will not fit all. the measures for a high common level of cybersecurity should not include any obligations directly interfering with the exercise of the missions of union institutions , bodies and agencies or encroaching on their institutional autonomy. thus , those institutions , bodies and agencies should establish their own frameworks for cybersecurity risk management , governance and control , and adopt their own cybersecurity management measures and cybersecurity plans , covering their entire ict environment.


### (12) cert-eu should be renamed from ‘computer emergency response team’ to ‘cybersecurity centre’ for the union institutions , bodies and agencies , in line with developments in the member states and globally , where many certs are renamed as cybersecurity centres , but it should keep the short name ‘cert-eu’ because of name recognition. ### deleted


### rules on the organisation and operation of the cybersecurity centre for the union institutions , bodies and agencies (cert-eu) and on the organisation and operation of the interinstitutional cybersecurity board. ### rules on the organisation and operation of the computer emergency response team for the union entities (cert-eu) and on the organisation and operation of the interinstitutional cybersecurity board (iicb).


### (7) ‘significant incident’ means any incident unless it has limited impact and is likely to be already well understood in terms of method or technology; ### deleted


### (8) ‘major attack’ means any incident requiring more resources than are available at the affected union institution , body or agency and at cert-eu; ### (8) ‘major incident’ means an incident whose disruption exceeds an affected union entity’s and cert-eu’s capacity to respond to it , or with a significant impact on at least two union entities , or where a large-scale cybersecurity incident referred to in article 4(5a) of directive [proposal nis 2] has significant impact on at least one union entity;


### (11) ‘significant cyber threat’ means a cyber threat with the intention , opportunity and capability to cause a significant incident; ### (11) ‘significant cyber threat’ means a cyber threat within the meaning of article 4(7a) of directive [proposal nis 2];


### (14) ‘cybersecurity risk’ means any reasonably identifiable circumstance or event having a potential adverse effect on the security of network and information systems; ### (14) ‘risk’ means a risk within the meaning of article 4(7b) of directive [proposal nis 2];


### (16) ‘cybersecurity baseline’ means a set of minimum cybersecurity rules with which network and information systems and their operators and users must be compliant , to minimise cybersecurity risks. ### deleted


### 2. the framework shall cover the entirety of the it environment of the concerned institution , body or agency , including any on-premise it environment , outsourced assets and services in cloud computing environments or hosted by third parties , mobile devices , corporate networks , business networks not connected to the internet and any devices connected to the it environment. the framework shall take account of business continuity and crisis management and it shall consider supply chain security as well as the management of human risks that could impact the cybersecurity of the concerned union institution , body or agency. ### 2. the framework shall cover the entirety of the it environment of the concerned union entity including any. the framework shall take account of business continuity and crisis management and it shall consider supply chain security as well as the management of human risks that could impact the cybersecurity of the concerned union institution , body or agency.


### 3. the highest level of management of each union institution , body and agency shall provide oversight over the compliance of their organisation with the obligations related to cybersecurity risk management , governance , and control , without prejudice to the formal responsibilities of other levels of management for compliance and risk management in their respective areas of responsibility. ### 3. the highest level of management of each union entity shall be responsible for the implementation and provide oversight over the compliance of their organisation with the obligations related to cybersecurity risk management , governance , and control , without prejudice to the formal responsibilities of other levels of management for compliance and risk management in their respective areas of responsibility. the highest level of management of each union entity may be held liable for breach of their duties to ensure compliance with the obligations laid down in this regulation.


### cybersecurity baseline ### cybersecurity risk management measures


### 1. the highest level of management of each union institution , body and agency shall approve the entity’s own cybersecurity baseline to address the risks identified under the framework referred to in article 4(1). it shall do so in support of its mission and exercising its institutional autonomy. the cybersecurity baseline shall be in place by …. at the latest [18 months after the entry into force of this regulation] and shall address the domains listed in annex i and the measures listed in annex ii. ### 1. the highest level of management of each union institution , body and agency shall approve the entity’s own cybersecurity risk management measures to address the risks identified under the framework referred to in article 4(1). it shall do so in support of its mission and exercising its institutional autonomy. the cybersecurity risk management measures shall be in place at the latest 6 months after establishing the framework referred to in paragraph 1 of article 4 and shall address the following domains:


### each union institution , body and agency shall carry out a cybersecurity maturity assessment at least every three years , incorporating all the elements of their it environment as described in article 4 , taking account of the relevant guidance documents and recommendations adopted in accordance with article 13. ### 1. each union entity shall carry out a cybersecurity maturity assessment at least every three years , incorporating all the elements of their it environment as described in article 4 , taking account of the relevant guidance documents and recommendations adopted in accordance with article 13.


### the iicb shall consist of three representatives nominated by the union agencies network (euan) upon a proposal of its ict advisory committee to represent the interests of the agencies and bodies that run their own it environment and one representative designated by each of the following: ### the iicb shall consist of


### 5. the iicb shall designate a chair , in accordance with its internal rules of procedure , from among its members for a period of four years. his or her alternate shall become a full member of the iicb for the same duration. ### 5. the iicb shall designate a chair , in accordance with its internal rules of procedure , from among its members for a period of four years. his or her alternate shall become a full member with voting rights of the iicb for the same duration.


### 9. the head of cert-eu , or his or her alternate , shall participate in iicb meetings except where otherwise decided by the iicb. ### deleted


### 10. the secretariat of the iicb shall be provided by the commission. ### 10. the secretariat of the iicb shall be provided by enisa.


### the iicb shall monitor the implementation of this regulation and of adopted guidance documents , recommendations and calls for action by the union institutions , bodies and agencies. where the iicb finds that union institutions , bodies or agencies have not effectively applied or implemented this regulation or guidance documents , recommendations and calls for action issued under this regulation , it may , without prejudice to the internal procedures of the relevant union institution , body or agency: ### 3. where the iicb finds that union institutions , bodies or agencies have not effectively applied or implemented this regulation or guidance documents , recommendations and calls for action issued under this regulation , it may , without prejudice to the internal procedures of the relevant union institution , body or agency:


### 1. the mission of cert-eu , the autonomous interinstitutional cybersecurity centre for all union institutions , bodies and agencies , shall be to contribute to the security of the unclassified it environment of all union institutions , bodies and agencies by advising them on cybersecurity , by helping them to prevent , detect , mitigate and respond to incidents and by acting as their cybersecurity information exchange and incident response coordination hub. ### 1. the mission of cert-eu shall be to contribute to the security of the unclassified ict environment of all union entities and providing for them services analogical to csirts established by the member sates under [nis directive] , particularly by advising them on cybersecurity , by helping them to prevent , detect , mitigate and respond to incidents and by acting as their cybersecurity information exchange and incident response coordination hub.


### 3. cert-eu shall contribute to the joint cyber unit , built in accordance with the commission recommendation of 23 june 2021 , including in the following areas: ### deleted


### services that support the cybersecurity of union institutions , bodies and agencies’ it environment , other than those referred to in paragraph 2 , on the basis of service level agreements and subject to available resources; ### services that support the cybersecurity of union entities’ ict environment , other than those referred to in paragraph 2 , on the basis of service level agreements and subject to available resources , including , via its security operations centre referred to in paragraph 2(ba) of this article , monitoring of the networks and first-line 24/7 monitoring for high-severity threats for larger union entities;


### 1. the commission , after having obtained the unanimous approval of the iicb , shall appoint the head of cert-eu. the iicb shall be consulted at all stages of the procedure prior to the appointment of the head of cert-eu , in particular in drafting vacancy notices , examining applications and appointing selection boards in relation to this post. ### deleted


### notification obligations ### reporting obligations


### major attacks ### major incidents


### 3. with the approval of the concerned union institutions , bodies and agencies , cert-eu may also call on experts from the list referred to in paragraph 2 for contributing to the response to a major attack in a member state , in line with the joint cyber unit’s operating procedures. ### 3. with the approval of the concerned union institutions , bodies and agencies , cert-eu may also call on experts from the list referred to in paragraph 2 for contributing to the response to a major attack in a member state.


### initial budgetary reallocation ### initial budgetary arrangements


### 1. the iicb , with the assistance of cert-eu , shall periodically report to the commission on the implementation of this regulation. the iicb may also make recommendations to the commission to propose amendments to this regulation. ### 1. the iicb , with the assistance of cert-eu , shall periodically report to the commission on the implementation of this regulation and on the experience gained at a strategic and operational level. the iicb may also make recommendations to the commission to propose amendments to this regulation.


### 2. the commission shall report on the implementation of this regulation to the european parliament and the council at the latest 48 months after the entry into force of this regulation and every three years thereafter. ### 2. by ... [36 months after the transposition deadline of this directive] and every 36 months thereafter , the commission shall review the functioning of this regulation , and report to the european parliament and to the council. the report shall also assess possible organisational integration of cert-eu into enisa. the commission shall take into account the reports of the iicb referred to in paragraph 1 of this article. the report shall be accompanied , where necessary , by a legislative proposal.


### 3. the commission shall evaluate the functioning of this regulation and report to the european parliament , the council , the european economic and social committee and the committee of the regions no sooner than five years after the date of entry into force. ### deleted


### the following domains shall be addressed in the cybersecurity baseline: ### deleted


### union institutions , bodies and agencies shall address at least the following specific cybersecurity measures in the implementation of the cybersecurity baseline and in their cybersecurity plans , in line with the guidance documents and recommendations from the iicb: ### deleted


### 4. welcomes the significantly enhanced open architecture under the european fund for sustainable development plus (efsd+) and calls on the commission and member states to provide the eib , the european bank for reconstruction and development (ebrd) , european bilateral financing institutions and european development finance institutions with a reliable and enhanced operational environment , where they can effectively undertake their strengthened roles in external lending operations and mobilise resources from the private sector; ### 4. welcomes the significantly enhanced open architecture under the european fund for sustainable development plus (efsd+) and calls on the commission and member states to provide the eib , the european bank for reconstruction and development (ebrd) , european bilateral financing institutions and european development finance institutions with a reliable and enhanced operational environment , where they can effectively undertake their strengthened roles in external lending operations and mobilise resources from the private sector , and where the eib has the leading role because it is fully eu-owned and is thus more suitable to implement the eu's development policy objectives in line with the "policy first" principle , contrary to the ebrd of which the russian federation and belarus are members;


### 15. reaffirms the european investment bank’s specific role – which is set out in article 209 of the treaty on the functioning of the european union and in article 36 of the ‘neighbourhood , development and international cooperation instrument – global europe’ – as the eu’s financial arm with a global reach; ### 15. reaffirms the european investment bank’s specific role – which is set out in article 209 of the treaty on the functioning of the european union and in article 36 of the ‘neighbourhood , development and international cooperation instrument – global europe’ – as the eu’s financial arm with a global reach; stresses that the eib , as a fully eu-owned institution , is thus more appropriate for implementing the eu’s development policy objectives in line with the ‘policy first’ principle , as opposed to the ebrd , of which russia and belarus are members;


### 24. recognises the importance and potential of member state development banks within the efad structure; stresses the pressing need to boost private sector development in sub‐saharan africa; ### 24. recognises the importance and potential of member state development banks within the efad structure; calls for an inclusive approach to member states’ development banks in accessing funding under the european development finance architecture; stresses the pressing need to boost private sector development in sub‐saharan africa;


### 27. insists that the member states honour their commitment to spend 0.7 % of their gross national income on oda; underlines the important role of oda as a catalyst for change and a lever for the mobilisation of other resources; stresses the importance of the eu’s commitment to mobilise resources for climate action and the eib’s role in making progress in this area; ### 27. insists that the member states honour their commitment to spend 0.7 % of their gross national income on oda; underlines the important role of oda as a catalyst for change and a lever for the mobilisation of other resources; considers that the european union should strive to maintain its position as a world leader in oda; stresses the importance of the eu’s commitment to mobilise resources for climate action and the eib’s role in making progress in this area;


### 3. third countries and international organisations may become the programme participants in accordance with article 36. ### 3. third countries and international organisations may become the programme participants in accordance with article 36 , except countries covered by the european sanctions regime.


### information and communication activities , including corporate communication on the policy priorities of the union where they are directly linked to the objectives of this regulation , with a particular view to creating synergies with other union policies; ### deleted


### the legitimate interests of all stakeholders concerned; ### the legitimate interests of the member states and of the union;


### to promote in all member states throughout the union and throughout the supply chain , the widest and most open participation possible by economic operators , in particular start-ups , new entrants and smes , including in the case of sub-contracting by the tenderers; ### to promote in all member states throughout the union and throughout the supply chain , the widest and most open participation possible by economic operators from the member states , in particular start-ups , new entrants and smes , including in the case of sub-contracting by the tenderers;


### 2. the commission shall ensure a clear division of tasks and responsibilities between the various entities involved in the programme and shall coordinate the activities of those entities. the commission shall also ensure that all the entrusted entities involved in the implementation of the programme protect the interests of the union , guarantee the sound management of the union’s funds and comply with the financial regulation and this regulation. ### 2. the commission shall ensure a clear division of tasks and responsibilities between the various entities involved in the programme and coordinate the activities of those entities. the commission shall also ensure that all the entrusted entities involved in the implementation of the programme protect the interests of the union and the member states , guarantee the sound management of the union’s funds and comply with the financial regulation and this regulation.


### third countries , other than those third countries covered in points (a) and (b). ### third countries , other than those third countries covered in points (a) and (b) , except countries covered by the european sanctions regime.


### if necessary , appropriations may be entered in the union budget beyond 2027 to cover the expenses necessary to fulfil the objectives provided for in article 3 , to enable the management of actions not completed by the end of the programme , as well as expenses covering critical operational activities and services provision. ### if necessary , appropriations should be entered in the union budget beyond 2027 to cover the expenses necessary to fulfil the objectives provided for in article 3 , to enable the management of actions not completed by the end of the programme , as well as expenses covering critical operational activities and services provision.


### (7) in order to take into account the immediate impact of the adverse consequences of the withdrawal of the united kingdom from the union on the member states and their economies and the need to adopt mitigating measures , as appropriate , prior to the expiry of the transition period , the eligibility period for implementing such measures should start as from 1 july 2020 and be concentrated over a limited period of 30 months. ### (7) in order to take into account the immediate impact of the adverse consequences of the withdrawal of the united kingdom from the union on the member states and their economies and the need to adopt mitigating measures , as appropriate , prior to the expiry of the transition period , the eligibility period for implementing such measures should start as from 1 july 2020 and last until 31 december 2024.


### (11) in order to enable member states to deploy the additional resources and to ensure sufficient financial means to swiftly implement measures under the reserve , a substantial amount thereof should be disbursed in 2021 as pre-financing. the distribution method should take into account the importance of trade with the united kingdom and the importance of fisheries in the united kingdom exclusive economic zone , based on reliable and official statistics. given the unique nature of the event that the withdrawal of the united kingdom from the union constitutes and the uncertainty that has surrounded key aspects of the relationship between the united kingdom and the union after the expiry of the transition period , it is difficult to anticipate the appropriate measures member states will have to take rapidly to counter the effects of the withdrawal. it is therefore necessary to grant member states flexibility and in particular to allow the commission to adopt the financing decision providing the pre-financing without the obligation pursuant to article 110(2) of the financial regulation to provide a description of the concrete actions to be financed. ### (11) in order to enable member states to deploy the additional resources and to ensure sufficient financial means to swiftly implement measures under the reserve , the total amounts of the reserve allocated to each member state should be determined in 2021 , with those amounts distributed as pre-financing in three annual tranches. the distribution method should take into account the importance of trade with the united kingdom and the importance of fisheries in the united kingdom exclusive economic zone , based on reliable and official statistics. given the unique nature of the event that the withdrawal of the united kingdom from the union constitutes and the uncertainty that has surrounded key aspects of the relationship between the united kingdom and the union after the expiry of the transition period , it is difficult to anticipate the appropriate measures member states will have to take rapidly to counter the effects of the withdrawal. it is therefore necessary to grant member states flexibility and in particular to allow the commission to adopt the financing decision providing the pre-financing without the obligation pursuant to article 110(2) of the financial regulation to provide a description of the concrete actions to be financed.


### (12) prior to the payment of the pre-financing , member states should notify the commission of the identity of the bodies designated and of the body to which the pre-financing shall be paid , and confirm that the systems’ descriptions have been drawn up , within three months of the entry into force of this regulation. ### (12) prior to the payment of the pre-financing , member states should notify the commission of the identity of the bodies designated and of the body to which the pre-financing shall be paid , and confirm that the systems’ descriptions have been drawn up , within three months of the entry into force of this regulation. member states should designate the relevant bodies at the appropriate territorial level , in accordance with their institutional , legal and financial framework.


### (14) pursuant to paragraphs 22 and 23 of the inter-institutional agreement for better law-making of 13 april 201613 , there is a need to evaluate the reserve on the basis of information collected through specific monitoring requirements , while avoiding overregulation and administrative burden , in particular on member states. these requirements , where appropriate , should include measurable indicators , as a basis for the evaluation of the reserve. ### (14) pursuant to paragraphs 22 and 23 of the inter-institutional agreement for better law-making of 13 april 201613 , there is a need to evaluate the reserve on the basis of information collected through specific monitoring requirements , while avoiding overregulation and administrative burden on national , regional or local authorities. these requirements , where appropriate , should include measurable indicators , as a basis for the evaluation of the reserve.


### (16) in order to ensure the proper functioning of shared management , member states should establish a management and control system , designate and notify the commission of the bodies responsible for the management of the reserve as well as a separate independent audit body. for simplification reasons , member states may make use of existing bodies designated and systems set up for the purpose of the management and control of cohesion policy funding or the european union solidarity fund. it is necessary to specify the responsibilities of the member states and lay down the specific requirements for the bodies designated. ### (16) in order to ensure the proper functioning of shared management , member states should establish a management and control system , designate and notify the commission of the bodies responsible for the management of the reserve as well as a separate independent audit body. for simplification reasons , member states may make use of existing bodies designated and systems , including on regional and local level , set up for the purpose of the management and control of cohesion policy funding or the european union solidarity fund. it is necessary to specify the responsibilities of the member states and lay down the specific requirements for the bodies designated.


### (1) ‘reference period’ means the reference period referred to in article 63(5) , point (a) , of the financial regulation , which shall be from 1 july 2020 to 31 december 2022; ### (1) ‘reference period’ means the reference period referred to in article 63(5) , point (a) , of the financial regulation , which shall be from 1 july 2020 to 31 december 2024;


### 2. the maximum resources for the reserve shall be eur 5 370 994 000 in current prices. ### 2. the maximum resources for the reserve shall be eur 5 000 000 000 in 2018 prices.


### a pre-financing amount of eur 4 244 832 000 shall be made available in 2021 in accordance with article 8; ### a pre-financing amount of eur 5 000 000 000 in 2018 prices shall be made available in accordance with article 8 and divided as follows:


### additional amounts of eur 1 126 162 000 shall be made available in 2024 in accordance with article 11. ### any necessary redistribution of the amounts referred to in point (a) shall be carried out and made available in 2024 in accordance with article 11.


### 1. the allocation criteria for pre-financing to be paid by the commission to member states are set out in annex i. ### 1. the pre-financing amount described in article 4 is allocated in two parts , as follows:


### designating a body responsible for the management of the financial contribution from the reserve and an independent audit body in accordance with article 63(3) of the financial regulation , and supervising such bodies; ### designating a body , or when required by the member state's constitutional framework , bodies responsible for the management of the financial contribution from the reserve and independent audit bodies in accordance with article 63(3) of the financial regulation , and supervising such bodies;


### notifying the commission of the identity of the bodies designated and of the body to which the pre-financing shall be paid , and confirming that the systems’ descriptions have been drawn up , within three months of the entry into force of this regulation; ### notifying the commission of the identity of the bodies to which the pre-financing shall be paid and of the bodies designated , including , where applicable , the bodies to which tasks and funds from the reserve have been delegated , and confirming that the systems’ descriptions have been drawn up , within three months of the entry into force of this regulation;


### 2. for the purposes of points (a) and (b) of paragraph 1 , the member states may make use of bodies and management and control systems already in place for the implementation of cohesion policy funding or the european union solidarity fund. ### 2. for the purposes of points (a) and (b) of paragraph 1 , the member states may make use of bodies , including on regional and local level , and of management and control systems already in place for the implementation of cohesion policy funding or the european union solidarity fund.


### 3. the body responsible for managing the financial contribution from the reserve shall: ### 3. the body or bodies responsible for managing the financial contribution from the reserve shall:


### 1. each member state’s share from pre-financing of the brexit adjustment reserve is determined as the sum of a factor linked to the fish caught in the waters that belong to the uk exclusive economic zone (eez) and a factor linked to trade with the uk. ### 1. each member state’s share from pre-financing of the brexit adjustment reserve is determined as the sum of applicable factors.


### 2. the factor linked to fish caught in the uk eez is used to allocate eur 600 million. the factor linked to trade is used to allocate eur 3 400 million. both amounts are expressed in 2018 prices. ### 2. allocations made under article 8 (1) , point (a) shall be determined using the factor linked to the fish caught in the waters that belong to the uk exclusive economic zone (eez) and the factor linked to trade with the uk. the factor linked to fish caught in the uk eez is used to allocate eur 600 million. the factor linked to trade is used to allocate eur 3 400 million. both amounts are expressed in 2018 prices.


### (3) on 11 march 2020 , the world health organization (who) declared the novel coronavirus covid-19 outbreak a global pandemic. from the challenges experienced in responding to the pandemic it became clear that the centre’s role in the union’s framework for health crisis preparedness and response should be strengthened. ### (3) on 11 march 2020 , the world health organization (who) declared the novel coronavirus covid-19 outbreak a global pandemic. from the challenges experienced in responding to the pandemic it became clear that the centre’s role in the union’s framework for health crisis preparedness and response should be strengthened in order to better use the potential of the union's and the member states' capacities to respond to future pandemics.


### in pursuing its mission , the centre shall take full account of the responsibilities of the member states , the commission and other union bodies or agencies , and of the responsibilities of international organisations active within the field of public health , in order to ensure comprehensiveness , coherence and complementarity of action. ### in pursuing its mission , the centre shall take full account of the responsibilities and competences of the member states , the commission and other union bodies or agencies , and of the responsibilities of international organisations active within the field of public health , in order to ensure comprehensiveness , coherence and complementarity of action , to avoid duplication and to ensure that the principle of subsidiarity is respected.


### in order to enhance the capacity of the union and the member states to protect human health through the prevention and control of communicable diseases in humans and those related special health issues set out in article 2 of regulation (eu) …/… [oj: please insert the number of regulation scbth [isc/2020/12524]] , the mission of the centre shall be to identify , assess and report on current and emerging threats to human health from communicable diseases , and provide recommendations for response at union and national levels , as well as at regional level , if necessary. ### in order to enhance the capacity of the union and the member states to protect human health through the prevention and control of communicable diseases in humans and related diseases and health issues , including the related special health issues set out in article 2 of regulation (eu) …/… [oj: please insert the number of regulation scbth[isc/2020/12524]] , the mission of the centre shall be to identify , assess and report on current and emerging threats to human health from communicable diseases and related diseases and health issues , and provide recommendations for response at union and national levels , as well as at regional level , if necessary.


### in order to enhance the capacity of the union and the member states to protect human health through the prevention and control of communicable diseases in humans and those related special health issues set out in article 2 of regulation (eu) …/… [oj: please insert the number of regulation scbth [isc/2020/12524]] , the mission of the centre shall be to identify , assess and report on current and emerging threats to human health from communicable diseases , and provide recommendations for response at union and national levels , as well as at regional level , if necessary. ### in order to enhance the capacity of the union and the member states to protect human health through the prevention and control of communicable diseases in humans and those related special health issues set out in article 2 of regulation (eu) …/… [oj: please insert the number of regulation scbth [isc/2020/12524]] , the mission of the centre shall be to identify , assess and report on current and emerging threats to human health from communicable diseases , and provide recommendations for response at union and national levels , as well as at regional level , with the aim of combating serious cross-border threats to health within the union.


### 3. the centre , the commission , the relevant union bodies or eu agencies and the member states shall cooperate to promote effective coherence between their respective activities. ### 3. the centre , the commission , the relevant union bodies or eu agencies and the member states shall cooperate with full transparency to promote effective coherence between their respective activities.


### monitor and assess health systems’ capacity for diagnosis , prevention and treatment of specific communicable diseases as well as patients’ safety; ### monitor and support the competent authorities in the member states in their assessment of their health systems’ capacity for diagnosis , prevention and treatment of specific communicable diseases as well as patients’ safety;


### 1. the centre shall support the networking activities of the competent bodies recognised by the member states through the provision of coordination and technical and scientific expertise to the commission and member states and through the operation of the dedicated networks. ### 1. the centre shall support the networking activities of the competent bodies recognised by the member states through the provision of coordination and technical and scientific expertise to the commission and member states and through the operation of the dedicated networks and other forums that might arise to improve coordination and prevention in relation to health threats.


### the centre shall ensure the integrated operation of the network for the epidemiological surveillance of the communicable diseases and of the related special health issues referred to in points (i) and (ii) of point (a) of article 2(1) of regulation (eu) …/… [oj: please insert the number of regulation scbth [isc/2020/12524]]. ### the centre shall ensure the integrated operation of the network for the epidemiological surveillance of communicable diseases and related diseases and health issues , including those related special health issues referred to in point (ii) of point (a) of article2(1) of regulation (eu) …/… [oj: please insert the number of regulation scbth[isc/2020/12524]].


### ensure the further development of the digital platforms and applications supporting epidemiological surveillance at union level , supporting member states with technical and scientific advice to establish integrated surveillance systems enabling real-time surveillance where appropriate , benefiting from existing eu space infrastructures and services; ### ensure the further development of the digital platforms and applications supporting epidemiological surveillance at union level , based on a data protection impact assessment (dpia) to be conducted prior to their deployment , which shall be used to support member states with technical and scientific advice to establish integrated surveillance systems enabling real-time surveillance where appropriate , benefiting from existing eu space infrastructures and services;


### maintain database(s) for such epidemiological surveillance , coordinate with the hosts of other relevant databases , and work towards harmonised approaches to data collection and modelling; ### maintain database(s) for such epidemiological surveillance , coordinate with the hosts of other relevant databases , and work towards harmonised approaches to data collection and modelling; in fulfilling this role , the centre shall minimise the risks that may emerge from the transfer of inaccurate , incomplete or ambiguous data from one database to another , as well as establish robust procedures for data quality review.


### contribute to the evaluation and monitoring of communicable disease prevention and control programmes in order to provide the evidence for recommendations to strengthen and improve these programmes at the national and union levels; ### contribute to the evaluation and monitoring of communicable disease prevention and control programmes , as well as prevention and control programmes in relation to major non-communicable diseases , in order to provide the evidence for recommendations to strengthen and improve these programmes at the national and union levels;


### contribute to the assessment of the burden of communicable diseases on the population using data , such as disease prevalence , complications , hospitalisation and mortality , and ensure that this data is disaggregated on age , gender and disability; ### contribute to the assessment of the burden of communicable diseases on the population using data , such as disease prevalence , complications , hospitalisation and mortality , and ensure that this data is disaggregated on age , gender and disability , as well as contribute to the assessment of the causes and treatment of major non-communicable diseases;


### 9. the centre shall cooperate with the competent bodies recognised by the member states , particularly on preparatory work for scientific opinions , scientific and technical assistance , the collection of comparable data based on common formats that allows for ease of aggregation , and the identification of emerging health threats. ### 9. the centre shall cooperate with the competent bodies recognised by the member states and , where applicable , with major public and private research centres , particularly on preparatory work for scientific opinions , scientific and technical assistance , the collection of comparable data based on common formats that allows for ease of aggregation , and the identification of emerging health threats.


### 2. the centre shall develop a framework for the prevention of communicable diseases and special issues , including vaccine preventable diseases , antimicrobial resistance , health education , health literacy and behaviour change. ### 2. in close cooperation with the competent authorities in the member states , the european medicines agency and other relevant union bodies and agencies , as well as with international organisations , the centre shall develop a framework for the prevention of communicable diseases and special issues , including vaccine preventable diseases , antimicrobial resistance , health education , health literacy and behaviour change.


### 1. the centre shall support member states to strengthen their communicable disease prevention and control systems. ### 1. the centre shall support member states to strengthen their communicable disease prevention and control systems by providing the scientific advice needed.


### assess health systems’ capacity to detect , prevent , respond to and recover from outbreaks of communicable diseases , identify gaps and provide recommendations for the strengthening of health systems , to be implemented with union support as appropriate; ### support the competent authorities in the member states to assess health systems’ capacity to detect , prevent , respond to and recover from outbreaks of communicable diseases , identify gaps and provide recommendations for the strengthening of health systems , to be implemented with union support as appropriate;


### the centre shall provide scientific and technical expertise to the member states and the commission in collaboration with relevant union bodies and agencies and international organisations in accordance with appropriate working arrangements established with the commission in the field of preparedness and response planning. ### the centre shall provide advice and scientific and technical expertise to the member states and the commission in collaboration with relevant union bodies and agencies and international organisations in accordance with appropriate working arrangements established with the commission in the field of preparedness and response planning.


### develop targeted activities addressing at-risk groups and community preparedness; ### develop targeted activities addressing at-risk groups and community preparedness , in particular taking into account the risks associated with the causes and treatment of major non-communicable diseases;


### (15) regulation …/… [oj: please , insert reference to regulation scbth [isc/2020/12524]] provides for the early warning and response system enabling the notification at union level of alerts related to serious cross-border threats to health which continues to be operated by the ecdc. given that modern technologies can be of substantial support to combat health threats and to contain and reverse epidemics , the ecdc should work on updating this system to enable the use of artificial intelligence technologies and interoperable and privacy-preserving digital tools , such as mobile applications , with tracing functionalities identifying at-risk individuals. ### (15) regulation …/… [oj: please , insert reference to regulation scbth [isc/2020/12524]] provides for the early warning and response system enabling the notification at union level of alerts related to serious cross-border threats to health which continues to be operated by the ecdc. given that modern technologies can be of substantial support to combat health threats and to contain and reverse epidemics , the ecdc should work on updating this system to enable the use of artificial intelligence technologies and interoperable and privacy-preserving digital tools , such as mobile applications , with tracing functionalities identifying at-risk individuals , noting in particular references to the risks posed by artificial intelligence (ai) , for example biased datasets , flawed system design , lack of quality data , overdependence on automated decision-making etc. , and the importance of establishing safeguards to mitigate these risks during the design and implementation phases of ai technologies.


### (15) regulation .../... [oj: please , insert reference to regulation scbth [isc/2020/12524]] provides for the early warning and response system enabling the notification at union level of alerts related to serious cross-border threats to health which continues to be operated by the ecdc. given that modern technologies can be of substantial support to combat health threats and to contain and reverse epidemics , the ecdc should work on updating this system to enable the use of artificial intelligence technologies and interoperable and privacy-preserving digital tools , such as mobile applications , with tracing functionalities identifying at-risk individuals. ### (15) regulation .../... [oj: please , insert reference to regulation scbth [isc/2020/12524]] provides for the early warning and response system enabling the notification at union level of alerts related to serious cross-border threats to health which continues to be operated by the ecdc. given that modern technologies can be of substantial support to combat health threats and to contain and reverse epidemics , the ecdc should work on updating this system to enable the use of artificial intelligence technologies and interoperable and privacy-preserving digital tools , such as mobile applications , with tracing functionalities identifying at-risk individuals while complying with the principle of proportionality and fully respecting the fundamental rights of citizens.


### the centre may promote and initiate scientific studies necessary for the performance of its mission and applied scientific studies and projects on the feasibility , development and preparation of its activities. the centre shall avoid duplication with commission’s , member states’ and union research and health programmes , and will liaise between the public health and the research sector as needed. ### the centre may promote and initiate scientific studies necessary for the performance of its mission and applied scientific studies and projects on the feasibility , development and preparation of its activities. the centre shall avoid duplication with commission’s , member states’ and union research and health programmes , and will liaise between the public health and the research sector , encouraging participation by the public and private sector on new coordination and cooperation platforms and forums to improve the response to health crises.


### 5. the centre as processor shall have the responsibility to ensure the security and confidentiality of the processing operations of personal data carried out within the ewrs and in the context of interoperability of contact tracing applications , in accordance with the obligations laid down in articles 33 , 34(2) and 36 of regulation (eu) 2018/1725 of the european parliament and of the council* ### 5. the centre shall have the responsibility to ensure the security and confidentiality of the processing operations of personal data carried out within the ewrs and in the context of interoperability of contact tracing applications , in accordance with the obligations laid down in articles 33 , 34(2) and 36 of regulation (eu) 2018/1725 of the european parliament and of the council*


### 1a. the centre shall collect data and information , and will ensure links to relevant research data and outputs on: ### 1a. under the supervision of the commission , the centre shall collect data and information , and will ensure links to relevant research data and outputs on:


### develop solutions to access relevant health data made available or exchanged through digital infrastructures , in accordance with data protection rules , allowing for the health data to be used for healthcare , research , policy making and regulatory purposes; and provide and facilitate controlled access to health data to support public health research.; ### develop solutions to access relevant health data , including anonymous data and pseudonymous data , in line with the principle of data minimisation as defined in point (c) of article 5(1) of regulation (eu) 2016/679 , where such data are made available or exchanged through digital infrastructures , in accordance with data protection rules , allowing for the health data to be used for healthcare , research , policy making and regulatory purposes; and provide and facilitate controlled access to health data to support public health research.;


### 6. the centre shall develop , deploy and operate an information system capable of exchanging classified and sensitive non-classified information as specified in this article. ### 6. the centre shall develop , deploy and operate an information system capable of exchanging classified and sensitive non-classified information as specified in this article , in accordance with articles 27 and 33 of regulation (eu) 2018/1725.


### 1. notes that the current rules date back to the early 20th century , and are mainly based on physical presence; points out that digitalised companies can engage in significant business activities in a jurisdiction without physical presence there , and therefore taxes paid in one jurisdiction no longer reflect the value and profits created there; regrets that the traditional concept of permanent establishment fails to cover the new aspects of digital businesses , and underlines the need to define virtual permanent establishment; stresses that users of online platforms and consumers of digital services cannot be shifted outside a jurisdiction in the same way as capital and labour , and should therefore be the basis for the definition of a new tax nexus in order to provide an effective remedy against aggressive planning; ### 1. notes that the current rules date back to the early 20th century , and are mainly based on physical presence; points out that digitalised companies can engage in significant business activities in a jurisdiction without physical presence there , and therefore taxes paid in one jurisdiction no longer reflect the value and profits created there; asserts that the traditional concept of permanent establishment fails to cover the new aspects of digital businesses , and underlines the need to define virtual permanent establishment on the basis of the value and profits generated by users of online platforms and consumers of digital services residing in a given jurisdiction; unlike capital and labour , they cannot be shifted outside a jurisdiction , and should therefore be the basis for the definition of a new tax nexus , which would be , among other things , an effective remedy against aggressive planning;


### 2. regrets the shortcomings of the international tax system , which is unfit for properly addressing the challenges of globalisation and digitalisation; calls for an international agreement aiming for a fair and effective tax system; ### 2. regrets the shortcomings of the international tax system , which is not always fit for properly addressing the challenges of globalisation and digitalisation; calls for an international agreement aiming for a fair and effective tax system , while respecting national sovereignty in the field of taxation and safeguarding as far as possible the economically sound principle of tax competition; ;


### — having regard to the commission communication of 15 january 2019 entitled ‘towards a more efficient and democratic decision-making in eu tax policy’ (com(2019)0008) , ### deleted


### — having regard to its resolution of 26 march 2019 on financial crimes , tax evasion and tax avoidance9 , proposed by special committee on financial crimes , tax evasion and tax avoidance (tax3) , ### deleted


### a. whereas current international corporate tax rules are based on principles which were developed in the early 20th century and are no longer suited to an increasingly globalised and digitalised economy; ### a. whereas current international corporate tax rules are based on principles which were developed in the early 20th century and are no longer always suited to an increasingly globalised and digitalised economy;


### e. whereas the commission put forward two proposals on the taxation of the digital economy in 2018 , including a short-term solution introducing a digital services tax (dst) , and a long-term solution defining a significant digital presence (sdp) as a nexus for corporate taxation which should replace the dst; whereas parliament supported these proposals , but they were not adopted in the council because member states could not reach the unanimous agreement needed in the realm of taxation at eu level; ### e. whereas the commission put forward two proposals on the taxation of the digital economy in 2018 , including a short-term solution introducing a digital services tax (dst) , and a long-term solution defining a significant digital presence (sdp) as a nexus for corporate taxation which should replace the dst; whereas parliament supported these proposals , but they were not adopted in the council because member states could not reach the unanimous agreement needed in the realm of taxation at eu level , which forced some member states to introduce the dst unilaterally;


### 1. welcomes the annual sustainable growth strategy 2021 assessments , the strategy’s enhanced focus on social and environmental dimensions and its emphasis on the importance of combining crisis management with the transformative aspirations of the green deal and the digital transition; underlines that the covid-19 crisis is having an impact on the notion of reforms , recovery and resilience and highlights the portuguese presidency’s emphasis on the european social model as a valuable contribution in this regard; ### 1. welcomes the annual sustainable growth strategy 2021 assessments , the strategy’s enhanced focus on strengthening the social and economic resilience of the member states and its emphasis on the importance of combining crisis management with the transformative aspirations of the digital transition; notes too the emphasis placed on environmental sustainability , which should be attained while respecting the long-term sustainability of public finances and while taking due account of the respective starting point of each member state; underlines that the covid-19 crisis draws into focus the need for structural reforms , in support of the immediate recovery and long-term resilience and notes the portuguese presidency’s emphasis on the european social model in this regard;


### 2. stresses that the alignment of the semester process with the eu’s long-term climate and environmental objectives must be accelerated , as per the commission’s engagements under the green deal; underlines that the coordination of the member states’ macroeconomic policies is , among others , an essential tool to achieve the green deal; ### 2. stresses that the alignment of the semester process with the eu’s long-term climate and environmental objectives must be proportionate; notes that without sustainable fiscal policy and credible financial situations of member states any future financing model of the european green deal is endangered , therefore demands that public ‘green investment’ be treated under the stability and growth pact , just like any other public spending; underlines that the coordination of the member states’ macroeconomic policies is , among others , an essential tool to achieve the green deal;


### (2) europe faces a security landscape in flux , with evolving and increasingly complex security threats. criminals and terrorists exploit the advantages that the digital transformation and new technologies bring about , including the inter-connectivity and blurring of the boundaries between the physical and digital world. the covid-19 crisis has added to this , as criminals have quickly seized opportunities to exploit the crisis by adapting their modes of operation or developing new criminal activities. terrorism remains a significant threat to the freedom and way of life of the union and its citizens. ### (2) europe faces a security landscape in flux , with evolving and increasingly complex security threats. criminals and terrorists abuse the capabilities that the digital transformation and new technologies bring about , including the inter-connectivity and blurring of the boundaries between the physical and digital world. the covid-19 crisis has enabled criminals to take improper advantage by adapting their modes of operation or developing new criminal activities.


### (4) as europe faces increasing threats from organised crime groups and terrorist attacks , an effective law enforcement response must include the availability of well-trained interoperable special intervention units specialised in the control of crisis situations. in the union , the law enforcement units of the member state cooperate on the basis of council decision 2008/617.53europol should be able to provide support to these special intervention units , including by providing operational , technical and financial support. ### (4) as europe faces increasing threats from organised crime groups and terrorist attacks , an effective law enforcement response must include the availability of well-trained interoperable special intervention units specialised in the control of crisis situations. in the union , the law enforcement units of the member state cooperate on the basis of council decision 2008/61753. europol should be able to provide support to these special intervention units , including by providing operational , technical and financial support. it should be noted in this connection that , in accordance with the treaties , member states bear primary responsibility for the security of their nationals. technical and financial support should therefore always be complementary to the efforts undertaken by member states to ensure the security of their citizens.


### (5) in recent years large scale cyber attacks targeted public and private entities alike across many jurisdictions in the union and beyond , affecting various sectors including transport , health and financial services. cybercrime and cybersecurity cannot be separated in an interconnected environment. the prevention , investigation and prosecution of such activities is supported by coordination and cooperation between relevant actors , including the european union agency for cybersecurity (‘enisa’) , competent authorities for the security of network and information systems (‘nis authorities’) as defined by directive (eu) 2016/114854 , law enforcement authorities and private parties. in order to ensure the effective cooperation between all relevant actors at union and national level on cyber attacks and security threats , europol should cooperate with the enisa through the exchange of information and by providing analytical support. ### (5) in recent years large scale cyber attacks targeted public and private entities alike across many jurisdictions in the union and beyond , affecting various sectors including high-tech , transport , health and financial services. cybercrime and cybersecurity cannot be separated in an interconnected environment. the prevention , investigation and prosecution of such activities is supported by coordination and cooperation between relevant actors , including the european union agency for cybersecurity (‘enisa’) , competent authorities for the security of network and information systems (‘nis authorities’) as defined by directive (eu) 2016/114854 , law enforcement authorities and private parties. in order to ensure the effective cooperation between all relevant actors at union and national level on cyber attacks and security threats , europol should cooperate with the enisa through the exchange of information and by providing analytical support.


### (14) one of europol’s objectives is to support and strengthen action by the competent authorities of the member states and their mutual cooperation in preventing and combatting forms of crime which affect a common interest covered by a union policy. to strengthen that support , europol should be able to request the competent authorities of a member state to initiate , conduct or coordinate a criminal investigation of a crime , which affects a common interest covered by a union policy , even where the crime concerned is not of a cross-border nature. europol should inform eurojust of such requests. ### deleted


### (17) data collected in criminal investigations have been increasing in size and have become more complex. member states submit large and complex datasets to europol , requesting europol’s operational analysis to detect links to other crimes and criminals in other member states and outside the union. member states cannot detect such cross-border links through their own analysis of the data. europol should be able to support member states’ criminal investigations by processing large and complex datasets to detect such cross-border links where the strict requirements set out in this regulation are fulfilled. where necessary to support effectively a specific criminal investigation in a member state , europol should be able to process those data sets that national authorities have acquired in the context of that criminal investigation in accordance with procedural requirements and safeguards applicable under their national criminal law and subsequently submitted to europol. where a member state provides europol with an investigative case file requesting europol’s support for a specific criminal investigation , europol should be able to process all data contained in that file for as long as it supports that specific criminal investigation. europol should also be able to process personal data that is necessary for its support to a specific criminal investigation in a member state if that data originates from a third country , provided that the third country is subject to a commission decision finding that the country ensures an adequate level of data protection (‘adequacy decision’) , or , in the absence of an adequacy decision , an international agreement concluded by the union pursuant to article 218 tfeu , or a cooperation agreement allowing for the exchange of personal data concluded between europol and the third country prior to the entry into force of regulation (eu) 2016/794 , and provided that the third county acquired the data in the context of a criminal investigation in accordance with procedural requirements and safeguards applicable under its national criminal law. ### (17) data collected in criminal investigations have been increasing in size and have become more complex. member states submit large and complex datasets to europol , requesting europol’s operational analysis to detect links to other crimes and criminals in other member states and outside the union. member states can detect such cross-border links less effectively through their own analysis of the data. europol should be able to support member states’ criminal investigations by processing large and complex datasets to detect such cross-border links where the strict requirements set out in this regulation are fulfilled. where necessary to support effectively a specific criminal investigation in a member state , europol should be able to process those data sets that national authorities have acquired in the context of that criminal investigation in accordance with procedural requirements and safeguards applicable under their national criminal law and subsequently submitted to europol. where a member state provides europol with an investigative case file requesting europol’s support for a specific criminal investigation , europol should be able to process all data contained in that file for as long as it supports that specific criminal investigation. europol should also be able to process personal data that is necessary for its support to a specific criminal investigation in a member state if that data originates from a third country , provided that the third country is subject to a commission decision finding that the country ensures an adequate level of data protection (‘adequacy decision’) , or , in the absence of an adequacy decision , an international agreement concluded by the union pursuant to article 218 tfeu , or a cooperation agreement allowing for the exchange of personal data concluded between europol and the third country prior to the entry into force of regulation (eu) 2016/794 , and provided that the third county acquired the data in the context of a criminal investigation in accordance with procedural requirements and safeguards applicable under its national criminal law. member states and europol should keep presumption of innocence in mind at all times when providing and processing datasets.


### 4a. europol shall assist the commission in identifying key research themes , drawing up and implementing the union framework programmes for research and innovation activities that are relevant to achieve the objectives set out in article 3. when europol assists the commission in identifying key research themes , drawing up and implementing a union framework programme , the agency shall not receive funding from that programme. ### 4a. europol shall assist the commission in identifying key research themes , drawing up and implementing the union framework programmes for research and innovation activities that are relevant to achieve the objectives set out in article 3. that requires adequate human and financial support to europol , given the significant expansion of its competences and tasks. when europol assists the commission in identifying key research themes , drawing up and implementing a union framework programme , the agency shall not receive funding from that programme.


### 4b. europol shall support the screening of specific cases of foreign direct investments into the union under regulation (eu) 2019/452 of the european parliament and of the council* that concern undertakings providing technologies used or being developed by europol or by member states for the prevention and investigation of crimes covered by article 3 on the expected implications for security. ### deleted


### 6a. europol may request member states , via their national units , to obtain personal data from private parties , which are established or have a legal representative in their territory , under their applicable laws , for the purpose of sharing it with europol , on the condition that the requested personal data is strictly limited to what is necessary for europol with a view to identifying the national units concerned. ### 6a. europol may request member states , via their national units , to obtain personal data from private parties , which are established or have a legal representative in their territory , under their applicable laws , for the purpose of sharing it with europol , on the condition that the requested personal data is strictly limited to what is necessary for europol with a view to identifying the national units concerned.


### irrespective of their jurisdiction over the specific crime in relation to which europol seeks to identify the national units concerned , member states shall ensure that their competent national authorities can lawfully process such requests in accordance with their national laws for the purpose of supplying europol with the information necessary for it to fulfil its objectives. ### irrespective of their jurisdiction over the specific crime in relation to which europol seeks to identify the national units concerned , member states ensure that their competent national authorities can lawfully process such requests in accordance with their national laws for the purpose of supplying europol with the information necessary for it to fulfil its objectives.


### (7) the threats posed by serious crime require a coordinated , coherent , multi-disciplinary and multi-agency response. europol should be able to facilitate and support such intelligence-led security initiatives driven by member states to identify , prioritize and address serious crime threats , such as the european multidisciplinary platform against criminal threats. europol should be able to provide administrative , logistical , financial and operational support to such activities , supporting the identification of cross-cutting priorities and the implementation of horizontal strategic goals in countering serious crime. ### (7) the threats posed by serious crime require a coordinated , coherent , multi-disciplinary and multi-agency response. europol should be able to facilitate and support such intelligence-led security initiatives driven by member states to identify and address serious crime threats , such as the european multidisciplinary platform against criminal threats. europol should be able to provide administrative , logistical , financial and operational support to such activities.


### (9) europol has an important role to play in support of the evaluation and monitoring mechanism to verify the application of the schengen acquis as established by council regulation (eu) no 1053/2013. given the need to reinforce the union’s internal security , europol should contribute with its expertise , analysis , reports and other relevant information to the entire evaluation and monitoring process , from programming to on-site visits and the follow-up. europol should also assist in developing and updating the evaluation and monitoring tools. ### (9) europol has an important role to play in support of the evaluation and monitoring mechanism to verify the application of the schengen acquis as established by council regulation (eu) no 1053/2013. given the need to reinforce the union’s internal security , europol should contribute with its expertise , analysis , reports and other relevant information to the entire evaluation and monitoring process , from programming to on-site visits and the follow-up. europol should also assist in developing and updating the evaluation and monitoring tools. europol should ensure that a public-friendly version of those evaluations is published too. in addition , europol should in general ensure the highest possible level of transparency , in particular as regards the results it has achieved in cooperation with the competent services in the member states.


### (10) risk assessments are an essential element of foresight to anticipate new trends and to address new threats in serious crime and terrorism. to support the commission and the member states in carrying out effective risk assessments , europol should provide threats assessment analysis based on the information it holds on criminal phenomena and trends , without prejudice to the eu law provisions on customs risk management. ### (10) risk assessments are important for anticipating new forms of crime and for addressing new threats in serious crime and terrorism. to support the commission and the member states in carrying out effective risk assessments , europol should provide threats assessment analysis based on the information it holds on criminal phenomena and trends , without prejudice to the eu law provisions on customs risk management. risk assessments should be made public as far as possible.


### (12) it is possible for the union and the members states to adopt restrictive measures relating to foreign direct investment on the grounds of security or public order. to that end , regulation (eu) 2019/452 of the european parliament and of the council57 establishes a framework for the screening of foreign direct investments into the union that provides member states and the commission with the means to address risks to security or public order in a comprehensive manner. as part of the assessment of expected implications for security or public order , europol should support the screening of specific cases of foreign direct investments into the union that concern undertakings providing technologies used or being developed by europol or by member states for the prevention and investigation of crimes. ### deleted


### (15) publishing the identity and certain personal data of suspects or convicted individuals , who are wanted based on a member state’s judicial decision , increases the chances of locating and arresting such individuals. to support member states in this task , europol should be able to publish on its website information on europe’s most wanted fugitives for criminal offences in respect of which europol is competent , and facilitate the provision of information by the public on these individuals. ### (15) publishing the identity and certain personal data of suspects or convicted individuals , who are wanted based on a member state’s judicial decision , increases the chances of locating and arresting such individuals. to support member states in this task , europol should be able to publish on its website information on europe’s most wanted fugitives for criminal offences in respect of which europol is competent , and facilitate the provision of information by the public on these individuals. however , it is also important to abide by the presumption of innocence. europol should abide by that principle in connection with any action , and in particular when it publishes personal information on the internet. europol should therefore be constantly aware of the possible consequences of publishing personal data on its website.


### (21) europol provides operational support to the criminal investigations of the competent authorities of the member states , especially by providing operational and forensic analysis. member states should be able to make the results of these activities available to their relevant other authorities , including prosecutors and criminal courts , throughout the whole lifecycle of criminal proceedings]. to that end , europol staff should be enabled to give evidence , which came to their knowledge in the performance of their duties or the exercise of their activities , in criminal proceedings , without prejudice to the applicable use restrictions and national criminal procedural law. ### (21) europol provides operational support to the criminal investigations of the competent authorities of the member states , including by providing operational and forensic analysis. member states should be able to make the results of these activities available to their relevant other authorities , including prosecutors and criminal courts , throughout the whole lifecycle of criminal proceedings , without prejudice to member state law , including criminal procedural law. to that end , europol staff should be enabled to give evidence , which came to their knowledge in the performance of their duties or the exercise of their activities , in criminal proceedings , without prejudice to the applicable use restrictions and national law , including criminal procedural law.


### europol staff may assist the competent authorities of the member states , at their request and in accordance with their national law , in the taking of investigative measures. ### europol staff may assist the competent authorities of the member states , at their request and in full accordance with their national law , in the taking of investigative measures.


### 1. in specific cases where europol considers that a criminal investigation should be initiated into a crime falling within the scope of its objectives , it shall request the competent authorities of the member state or member states concerned via the national units to initiate , conduct or coordinate such a criminal investigation. ### 1. in specific cases where europol is of the opinion that a criminal investigation should be initiated into a crime falling within the scope of its objectives , it shall request the competent authorities of the member state or member states concerned via the national units to initiate , conduct or coordinate such a criminal investigation. in full compliance with member state law , including criminal procedural law.


### europol assesses that it is not possible to carry out the operational analysis of the investigative case file without processing personal data that does not comply with the requirements of article 18(5). this assessment shall be recorded. ### europol concludes that it is not possible to carry out the operational analysis of the investigative case file without processing personal data that does not comply with the requirements of article 18(5). this assessment shall be recorded.


### 5. when national law allows for europol staff to provide evidence which came to their knowledge in the performance of their duties or the exercise of their activities , only europol staff authorised by the executive director to do so shall be able to give such evidence in judicial proceedings in the member states.; ### 5. when national law allows for europol staff to provide evidence which came to their knowledge in the performance of their duties or the exercise of their activities , only europol staff authorised by the executive director to do so shall be able to give such evidence in judicial proceedings in the member states. this provision shall be without prejudice to any obligations which europol staff may have under the national law of member states.


### proposal for a ### proposal for a


### (4) the purpose of this directive is to provide protection to natural and legal persons who engage in public participation on matters of public interest , in particular journalists and human rights defenders , against court proceedings , which are initiated against them to deter them from public participation (commonly referred to as strategic lawsuits against public participation or ‘slapps’). ### (4) the purpose of this directive is to provide protection to natural and legal persons who engage in public participation on matters of public interest , in particular journalists and human rights defenders , against court proceedings , which are initiated against them to deter them from public participation (commonly referred to as strategic lawsuits against public participation or ‘slapps’) , while safeguarding the right to an effective remedy and to a fair trial against such natural and legal persons.


### (4) the purpose of this directive is to provide protection to natural and legal persons who engage in public participation on matters of public interest , in particular journalists and human rights defenders , against court proceedings , which are initiated against them to deter them from public participation (commonly referred to as strategic lawsuits against public participation or ‘slapps’). ### (4) the purpose of this directive is to adopt measures relating to judicial cooperation in civil matters having cross-border implications as to eliminate the obstacles to the proper functioning of civil proceedings in order to provide protection to natural and legal persons who engage in public participation on matters of public interest , in particular journalists and human rights defenders , against court proceedings , which are initiated against them to deter them from public participation (commonly referred to as strategic lawsuits against public participation or ‘slapps’).


### (7) human rights defenders also play an important role in european democracies , especially in upholding fundamental rights , democratic values , social inclusion , environmental protection and the rule of law. they should be able to participate actively in public life and make their voice heard on policy matters and in decision-making processes without fear of intimidation. human rights defenders refer to individuals or organisations engaged in defending fundamental rights and a variety of other rights , such as environmental and climate rights , women’s rights , lgbtiq rights , the rights of the people with a minority racial or ethnic background , labour rights or religious freedoms. other participants in public debate , such as academics and researchers , also deserve adequate protection. ### (7) human rights defenders also play an important role in european democracies , especially in upholding fundamental rights , democratic values , social inclusion , environmental protection and the rule of law. they should be able to participate actively in public life and make their voice heard on policy matters and in decision-making processes without fear of intimidation. human rights defenders refer to individuals or organisations engaged in defending fundamental rights. other participants in public debate , such as academics and researchers , also deserve adequate protection.


### (7) human rights defenders also play an important role in european democracies , especially in upholding fundamental rights , democratic values , social inclusion , environmental protection and the rule of law. they should be able to participate actively in public life and make their voice heard on policy matters and in decision-making processes without fear of intimidation. human rights defenders refer to individuals or organisations engaged in defending fundamental rights and a variety of other rights , such as environmental and climate rights , women’s rights , lgbtiq rights , the rights of the people with a minority racial or ethnic background , labour rights or religious freedoms. other participants in public debate , such as academics and researchers , also deserve adequate protection. ### (7) human rights defenders are individuals , groups and organizations in civil society that promote and protect universally recognised human rights and fundamental freedoms. as such , human rights defenders are committed to promoting and safeguarding civil , political , economic , social , cultural and environmental rights and to fighting against direct or indirect discrimination as listed in article 21 of the charter.


### (8) a healthy and thriving democracy requires that people are able to participate actively in public debate without undue interference by public authority or other powerful actors , be they domestic or foreign. in order to secure meaningful participation , people should be able to access reliable information , which enables them to form their own opinions and exercise their own judgement in a public space in which different views can be expressed freely. ### (8) a healthy and thriving democracy requires that people are able to participate actively in public debate without undue interference by public authority or other powerful actors , be they domestic or foreign. in order to secure meaningful participation , people should be able to access reliable , objective and unbiased information , which enables them to form their own opinions and exercise their own judgement in a public space in which different views can be expressed freely.


### (10) slapps are typically initiated by powerful entities , for example individuals , lobby groups , corporations and state organs. they often involve an imbalance of power between the parties , with the claimant having a more powerful financial or political position than the defendant. although not being an indispensable component of such cases , where present , an imbalance of power significantly increases the harmful effects as well as the chilling effects of court proceedings against public participation. ### (10) slapps are typically initiated by powerful entities , for example individuals , lobby groups , corporations and state organs. they often involve an imbalance of power between the parties , with the claimant having a more powerful financial or political position than the defendant. this does not represent an indispensable component of slapp cases.


### (11) court proceedings against public participation may have an adverse impact on the credibility and reputation of journalists and human rights defenders and exhaust their financial and other resources. because of such proceedings , the publication of information on a matter of public interest may be delayed or altogether avoided. the length of procedures and the financial pressure may have a chilling effect on journalists and human rights defenders. the existence of such practices may therefore have a deterrent effect on their work by contributing to self-censorship in anticipation of possible future court proceedings , which leads to the impoverishment of public debate to the detriment of society as a whole. ### (11) court proceedings against public participation may have an adverse impact on the credibility and reputation of journalists and human rights defenders and exhaust their financial and other resources. because of such proceedings , the publication of information on a matter of public interest may be delayed or altogether avoided , possibly contributing to self-censorship in anticipation of possible future court proceedings , which leads to the impoverishment of public debate.


### (13) the safeguards provided in this directive should apply to any natural or legal person on account of their engagement in public participation. they should also protect natural or legal persons who , either on a professional or on a personal basis , support , assist or provide goods or services to another person for purposes directly linked to public participation on a matter of public interest. this involves for example internet providers , publishing houses or print shops , which face or are threatened with court proceedings for providing services to the person targeted with court proceedings. ### (13) the safeguards provided in this directive should apply to any natural or legal person on account of their engagement in public participation.


### (18) the notion of a matter of public interest should include also quality , safety or other relevant aspects of goods , products or services where such matters are relevant to public health , safety , the environment , climate or enjoyment of fundamental rights. a purely individual dispute between a consumer and a manufacturer or a service provider concerning a good , product or service should be covered only when the matter contains an element of public interest , for instance concerning a product or service which fails to comply with environmental or safety standards. ### (18) the notion of a matter of public interest should include also quality , safety or other relevant aspects of goods , products or services where such matters are relevant to public health , safety , the environment or enjoyment of fundamental rights. a purely individual dispute between a consumer and a manufacturer or a service provider concerning a good , product or service should be covered only when the matter contains an element of public interest , for instance concerning a product or service which fails to comply with environmental or safety standards.


### (20) abusive court proceedings typically involve litigation tactics used in bad faith such as delaying proceedings , causing disproportionate costs to the defendant in the proceedings or forum shopping. these tactics are used by the claimant for other purposes than gaining access to justice. such tactics are often , although not always , combined with various forms of intimidation , harassment or threats. ### (20) abusive court proceedings typically involve litigation tactics used in bad faith representing the harmful exercise of the right to access justice1a. these tactics are used by the claimant for other purposes than gaining access to justice. such tactics are often , although not always , combined with various forms of intimidation , harassment or threats.


### (22) a matter should be considered to have cross-border implications unless both parties are domiciled in the same member state as the court seised. even where both parties are domiciled in the same member state as the court seised , a matter should be considered to have cross-border implications in two other types of situations. the first situation is where the specific act of public participation concerning a matter of public interest at stake is relevant to more than one member state. that includes for instance public participation in events organised by union institutions , such as appearances in public hearings , or statements or activities on matters that are of specific relevance to more than one member state , such as cross-border pollution or allegations of money laundering with potential cross-border involvement. the second situation where a matter should be considered to have cross-border implications is when the claimant or associated entities have initiated concurrent or previous court proceedings against the same or associated defendants in another member state. these two types of situations take into consideration the specific context of slapps. ### (22) a matter should be considered to have cross-border implications unless both parties are domiciled in the same member state as the court seised. even where both parties are domiciled in the same member state as the court seised , a matter should be considered to have cross-border implications in two other types of situations. the first situation is where the specific act of public participation concerning a matter of public interest at stake is relevant to more than one member state , for instance cross-border pollution or allegations of money laundering with potential cross-border involvement. the second situation where a matter should be considered to have cross-border implications is when the claimant or associated entities have initiated concurrent or previous court proceedings against the same or associated defendants in another member state. these two types of situations take into consideration the specific context of slapps.


### (23) defendants should be able to apply for the following procedural safeguards: a request for a security to cover procedural costs , or procedural costs and damages , a request for an early dismissal of manifestly unfounded court proceedings , a request for remedies against abusive court proceedings (award of costs , compensation of damages and penalties) , or all of them at the same time. ### (23) defendants should be able to apply for the following procedural safeguards: a request for a security to cover procedural costs , or procedural costs and if applicable damages , a request for an early dismissal of manifestly unfounded claims , a request for remedies against abusive court proceedings (award of costs , compensation of damages and penalties) , or some or all of them at the same time. such procedural safeguards should be carefully taken into consideration in line with the right to an effective remedy and to a fair trial , as set out in article 47 of the charter. the court should always have discretion in individual cases to thoroughly review the matter at hand thereby allowing , if the national law permits , for speedy dismissal of manifestly unfounded claims without restriction of the effective access to justice.


### (26) to provide the defendant with an additional safeguard , there should be a possibility to grant him or her a security to cover procedural costs and/or damages , when the court considers that even if the claim is not manifestly unfounded , there are elements indicating an abuse of procedure and the prospects for success in the main proceedings are low. a security does not entail a judgement on the merits but serves as a precautionary measure ensuring the effects of a final decision finding an abuse of procedure. it should be for member states to decide whether a security should be ordered by the court on its own motion or upon request by the defendant. ### (26) to provide the defendant with an additional safeguard , there should be a possibility to grant him or her a security to cover procedural costs and/or damages , ensuring the balance is kept between that measure and the claimant's right of access to justice. a security does not entail a judgement on the merits but serves as a precautionary measure ensuring the effects of a final decision finding an abuse of procedure. it should be for member states to decide whether a security should be ordered by the court on its own motion or upon request by the defendant.


### (27) a stay of the proceedings , when an application for early dismissal has been filed , ensures that procedural activity is suspended , hence reducing the procedural costs of the defendant. ### (27) a stay of the proceedings , when an application for early dismissal has been filed , ensures that procedural activity is suspended , hence reducing the procedural costs of the defendant. such a stay in proceedings must not be applied in bad faith in order to delay proceedings , thus denying the claimant effective ramedy.


### (29) to ensure high expediency in the accelerated procedure on an application for early dismissal , member states may set time limits for the holding of hearings or for the court to take a decision. they may as well adopt schemes akin to procedures in relation to provisional measures. member states should make efforts to ensure that when the defendant has applied for other procedural safeguards , the decision is also taken in an expeditious manner. for expeditious treatment , member states could take into account , amongst others , whether the claimant has initiated multiple or concerted proceedings in similar matters and the existence of attempts to intimidate , harass or threat the defendant. ### (29) to ensure high expediency in the accelerated procedure on an application for early dismissal , member states may set time limits for the holding of hearings or for the court to take a decision. they may also adopt schemes akin to procedures in relation to provisional measures. member states should make efforts to ensure that when the defendant has applied for other procedural safeguards , the decision is also taken in an expeditious manner. for expeditious treatment , member states could take into account , amongst others , the existence of attempts to intimidate , harass or threaten the defendant.


### (30) if a defendant has applied for early dismissal , it should be for the claimant in the main proceedings to prove in the accelerated procedure that the claim is not manifestly unfounded. this does not represent a limitation of access to justice , taking into account that the claimant carries the burden of proof in relation to that claim in the main proceedings and only needs to meet the much lower threshold of showing that the claim is not manifestly unfounded in order to avoid an early dismissal. ### (30) if a defendant has applied for early dismissal , the procedure to prove that the claim is not manifestly unfounded should not put an unreasonable burden on the claimant in the main proceedings. placing the burden of proof in relation to an early dismissal request solely on the claimant in the main proceedings risks limiting the access to justice. therefore , member states should put in place safeguards , guaranteeing that the defendant has the burden of proof to show that the claim is manifestly unfounded and subject to early dismissal , as this threshold is much lower that the one in the main proceedings.


### (30) if a defendant has applied for early dismissal , it should be for the claimant in the main proceedings to prove in the accelerated procedure that the claim is not manifestly unfounded. this does not represent a limitation of access to justice , taking into account that the claimant carries the burden of proof in relation to that claim in the main proceedings and only needs to meet the much lower threshold of showing that the claim is not manifestly unfounded in order to avoid an early dismissal. ### deleted