### (21) it is appropriate to single out access data as a specific data category used in this regulation. access data is pursued for the same objective as subscriber data , in other words to identify the underlying user , and the level of interference with fundamental rights is similar to that of subscriber data. access data is typically recorded as part of a record of events (in other words a server log) to indicate the commencement and termination of a user access session to a service. it is often an individual ip address (static or dynamic) or other identifier that singles out the network interface used during the access session. if the user is unknown , it often needs to be obtained before subscriber data related to that identifier can be ordered from the service provider. ### (21) the specific category of 'access data' is introduced in this regulation because technical identifiers such as ip addresses constitute a crucial starting point for criminal investigations in which the identity of a suspect is not known. in order to enable a request for subscriber data in a subsequent step , authorities will first have to acquire the server log , i.e. the record of activity on a server , for a specific access request. for each request , the logs include different information , such as the commencement and termination of a user access session , static or dynamic ip adresses of the computer making the request , or the login id. given that certain data covered by the definition of access data could reveal very sensitive and personal information , the request for such data should only be allowed for the sole purpose of identifying the user. the data should not be used for any other purpose , including the request for bulk data that would allow for the profiling of a person. given the purpose limitation regarding the use of access data in criminal investigations , this data category should not be subject to a threshold. instead , it should be possible to request such data for all types of offenses.


### (22) transactional data , on the other hand , is generally pursued to obtain information about the contacts and whereabouts of the user and may be served to establish a profile of an individual concerned. that said , access data cannot by itself serve to establish a similar purpose , for example it does not reveal any information on interlocutors related to the user. hence this proposal introduces a new category of data , which is to be treated like subscriber data if the aim of obtaining this data is similar. ### (22) transactional data , on the other hand , is generally pursued to obtain more privacy-intrusive information , such as the contacts and whereabouts of the user and may be served to establish a profile of an individual concerned. access data focus exclusively on the user but do not reveal any information on interactions with other persons. hence , access data should be treated like subscriber data if the aim of obtaining this data , namely the identification of the suspect , is similar.


### (23) all data categories contain personal data , and are thus covered by the safeguards under the union data protection acquis , but the intensity of the impact on fundamental rights varies , in particular between subscriber data and access data on the one hand and transactional data and content data on the other hand. while subscriber data and access data are useful to obtain first leads in an investigation about the identity of a suspect , transactional and content data are the most relevant as probative material. it is therefore essential that all these data categories are covered by the instrument. because of the different degree of interference with fundamental rights , different conditions are imposed for obtaining subscriber and access data on the one hand , and transactional and content data on the other. ### (23) all data categories contain personal data , and are thus covered by the safeguards under the union data protection acquis. however , the impact on fundamental rights varies between the categories , in particular between subscriber data and access data on the one hand and transactional data and content data on the other hand. while subscriber data and access data only serve to obtain first leads in an investigation about the identity of a suspect , transactional and content data are the most relevant as probative material which could finally lead to a conviction of the suspect. it is therefore essential that all these data categories are covered by the instrument. because of the different degree of interference with fundamental rights , different safeguards and conditions are imposed for obtaining subscriber and access data on the one hand , and transactional and content data on the other.


### (24) the european production order and the european preservation order are investigative measures that should be issued only in the framework of specific criminal proceedings against the specific known or still unknow perpetrators of a concrete criminal offence that has already taken place , after an individual evaluation of the proportionality and necessity in every single case. ### (24) the european production order and the european preservation order are investigative measures that should be issued only in the framework of specific criminal proceedings against the specific known or still unknown perpetrators of a concrete criminal offence that has already taken place , after an individual evaluation of the proportionality and necessity in every single case.


### (27) the determination whether a service provider offers services in the union requires an assessment whether the service provider enables legal or natural persons in one or more member states to use its services. however , the mere accessibility of an online interface as for instance the accessibility of the service provider’s or an intermediary’s website or of an email address and of other contact details in one or more member states taken in isolation should not be a sufficient condition for the application of this regulation. ### (27) the determination whether a service provider offers services in the union requires an assessment whether the service provider enables legal or natural persons in the union to use its services and has a substantial connection to one or more member states.


### (28) a substantial connection to the union should also be relevant to determine the ambit of application of the present regulation. such a substantial connection to the union should be considered to exist where the service provider has an establishment in the union. in the absence of such an establishment , the criterion of a substantial connection should be assessed on the basis of the existence of a significant number of users in one or more member states , or the targeting of activities towards one or more member states. the targeting of activities towards one or more member states can be determined on the basis of all relevant circumstances , including factors such as the use of a language or a currency generally used in that member state , or the possibility of ordering goods or services. the targeting of activities towards a member state could also be derived from the availability of an application (‘app’) in the relevant national app store , from providing local advertising or advertising in the language used in that member state , or from the handling of customer relations such as by providing customer service in the language generally used in that member state. a substantial connection is also to be assumed where a service provider directs its activities towards one or more member states as set out in article 17(1)(c) of regulation 1215/2012 on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters.36 on the other hand , provision of the service in view of mere compliance with the prohibition to discriminate laid down in regulation (eu) 2018/30237 cannot be , on that ground alone , be considered as directing or targeting activities towards a given territory within the union. ### (28) a substantial connection to the union should be considered to exist where the service provider has an establishment in the union. in the absence of such an establishment , the criterion of a 'substantial connection' should be assessed on the basis of the existence of a significant number of users in one or more member states , or the targeting of activities towards one or more member states. the targeting of activities towards one or more member states should be determined on the basis of all relevant circumstances. these circumstances include the use of a language generally used in that member state , the possibility of ordering goods or services , the availability of an application (‘app’) in the relevant national app store , the provision of local advertising or advertising in a language used in that member state , or the provision of customer service in a language generally used in that member state. a substantial connection is also to be assumed where a service provider directs its activities towards one or more member states as set out in article 17(1)(c) of regulation 1215/201236 however , the mere accessibility of an online interface such as the website of the service provider or an intermediary , an email address and other contact details taken in isolation should not be a sufficient condition for the application of this regulation. moreover , the provision of a service in view of mere compliance with the prohibition to discriminate laid down in regulation (eu) 2018/30237 cannot be , on that ground alone , be considered as directing or targeting activities towards a given territory within the union. the same considerations should apply to determine whether a service provider offers services in a member state.


### (30) when a european production or preservation order is issued , there should always be a judicial authority involved either in the process of issuing or validating the order. in view of the more sensitive character of transactional and content data , the issuing or validation of european production orders for production of these categories requires review by a judge. as subscriber and access data are less sensitive , european production orders for their disclosure can in addition be issued or validated by competent prosecutors. ### (30) when a european production or preservation order is issued , there should always be a judicial authority involved either in the process of issuing or validating the order. in view of the more sensitive character of transactional and content data , the issuing or validation of european production orders for production of these categories requires review by a judge or court. as subscriber and access data are less sensitive , european production orders for their disclosure can in addition be issued or validated by competent prosecutors.


### (31) for the same reason , a distinction has to be made regarding the material scope of this regulation: orders to produce subscriber data and access data can be issued for any criminal offence , whereas access to transactional and content data should be subject to stricter requirements to reflect the more sensitive nature of such data. a threshold allows for a more proportionate approach , together with a number of other ex ante and ex post conditions and safeguards provided for in the proposal to ensure respect for proportionality and the rights of the persons affected. at the same time , a threshold should not limit the effectiveness of the instrument and its use by practitioners. allowing the issuing of orders for investigations that carry at least a three-year maximum sentence limits the scope of the instrument to more serious crimes , without excessively affecting the possibilities of its use by practitioners. it excludes from the scope a significant number of crimes which are considered less serious by member states , as expressed in a lower maximum penalty. it also has the advantage of being easily applicable in practice. ### (31) for the same reason , a distinction has to be made regarding the material scope of this regulation: orders to produce subscriber data and access data can be issued for any criminal offence as these data are essential to identify a user , whereas access to transactional and content data should be subject to stricter requirements to reflect the more sensitive nature of such data. a threshold allows for a more proportionate approach , together with a number of other ex ante and ex post conditions and safeguards provided for in the proposal to ensure respect for proportionality and the rights of the persons affected. at the same time , a threshold should not limit the effectiveness of the instrument and its use by practitioners. allowing the issuing of orders for investigations that carry at least a two-year maximum sentence limits the scope of the instrument to more serious crimes , without excessively affecting the possibilities of its use by practitioners. it excludes from the scope a significant number of crimes which are considered less serious by member states , as expressed in a lower maximum penalty. it also has the advantage of being easily applicable in practice.


### (38) the european production and european preservation orders should be transmitted to the service provider through a european production order certificate (epoc) or a european preservation order certificate (epoc-pr) , which should be translated. the certificates should contain the same mandatory information as the orders , except for the grounds for the necessity and proportionality of the measure or further details about the case to avoid jeopardising the investigations. but as they are part of the order itself , they allow the suspect to challenge it later during the criminal proceedings. where necessary , a certificate needs to be translated into (one of) the official language(s) of the member state of the addressee , or into another official language that the service provider has declared it will accept. ### (38) the european production and european preservation orders should be transmitted to the addressee through a european production order certificate (epoc) or a european preservation order certificate (epoc-pr). the certificates should contain the same mandatory information as the orders , except for the grounds for the necessity and proportionality of the measure or further details about the case to avoid jeopardising the investigations. but as they are part of the order itself , they allow the suspect to challenge it later during the criminal proceedings. where necessary , a certificate should be translated into (one of) the official language(s) of the enforcing member state or into another official language that the service provider has declared it will accept in accordance with article 4 (2) of the [directive1a].


### (40) the requested data should be transmitted to the authorities at the latest within 10 days upon receipt of the epoc. shorter time limits should be respected by the provider in emergency cases and if the issuing authority indicates other reasons to depart from the 10 day deadline. in addition to the imminent danger of the deletion of the requested data , such reasons could include circumstances that are related to an ongoing investigation , for example where the requested data is associated to other urgent investigative measures that cannot be conducted without the missing data or are otherwise dependent on it. ### (40) the service provider should transmit the requested electronic data to the authorities at the latest within 10 days upon receipt of the epoc. shorter time limits should be respected by the provider in emergency cases and if the issuing authority indicates the need to depart from the 10 day deadline because of an imminent danger of the deletion of the requested data or circumstances that are related to an ongoing investigation , for example where the requested data is associated to other urgent investigative measures that cannot be conducted without the missing data or are otherwise dependent on it.


### (41) in order to allow service providers to address formal problems , it is necessary to set out a procedure for the communication between the service provider and the issuing judicial authority in cases where the epoc might be incomplete or contains manifest errors or not enough information to execute the order. moreover , should the service provider not provide the information in an exhaustive or timely manner for any other reason , for example because it thinks there is a conflict with an obligation under the law of a third country , or because it thinks the european production order has not been issued in accordance with the conditions set out by this regulation , it should go back to the issuing authorities and provide the opportune justifications. the communication procedure thus should broadly allow for the correction or reconsideration of the epoc by the issuing authority at an early stage. to guarantee the availabilty of the data , the service provider should preserve the data if they can identify the data sought. ### (41) in order to allow service providers to address formal problems , it is necessary to set out a procedure for the communication between the service provider and the issuing judicial authority in cases where the epoc might be incomplete or contains manifest errors or not enough information to execute the order. this procedure should exist irrespective of any possible notifications obligation depending on specific situation as this is a problem that mainly occurs for the addressee itself as the service provider will be the best placed to realise whether the information he received are sufficient to comply with the order. moreover , should the service provider not provide the information in an exhaustive or timely manner for any other reason , for example because it thinks there is a conflict with an obligation under the law of a third country , or because it thinks the european production order has not been issued in accordance with the conditions set out by this regulation , it should go back to the issuing authorities and provide the opportune justifications. the communication procedure thus should broadly allow for the correction or reconsideration of the epoc by the issuing authority at an early stage. to guarantee the availabilty of the data , the service provider should preserve the data if they can identify the data sought.


### (42) upon receipt of a european preservation order certificate (‘epoc-pr’) , the service provider should preserve requested data for a maximum of 60 days unless the issuing authority informs the service provider that it has launched the procedure for issuing a subsequent request for production , in which case the preservation should be continued. the 60 day period is calculated to allow for the launch of an official request. this requires that at least some formal steps have been taken , for example by sending a mutual legal assistance request to translation. following receipt of that information , the data should be preserved as long as necessary until the data is produced in the framework of a subsequent request for production. ### (42) upon receipt of a european preservation order certificate (‘epoc-pr’) , the service provider should preserve requested data for a maximum of 60 days unless the issuing authority informs the service provider that it has launched the procedure for issuing a subsequent request for production , in which case the preservation should be continued. the 60 day period is calculated to allow for the launch of an official request. this requires that at least some formal steps have been taken , for example by sending a mutual legal assistance request to translation. following receipt of that information , the data should be preserved as long as necessary until the data is produced in the framework of a subsequent request for production. only when necessary to allow further assessment of the relevance of the data in ongoing investigations and prevent the issuing of european production order for the sake of making sure that potentially relevant data is not lost , before the referred preservation period ends , the issuing authority could send a request to prolong the preservation of data by up to 60 days.


### (51) where conflicting obligations exist , the court should determine whether the conflicting provisions of the third country prohibit disclosure of the data concerned on the grounds that this is necessary to either protect the fundamental rights of the individuals concerned or the fundamental interests of the third country related to national security or defence. in carrying out this assessment , the court should take into account whether the third country law , rather than being intended to protect fundamental rights or fundamental interests of the third country related to national security or defence , manifestly seeks to protect other interests or is being aimed to shield illegal activities from law enforcement requests in the context of criminal investigations. where the court concludes that conflicting provisions of the third country prohibit disclosure of the data concerned on the grounds that this is necessary to either protect the fundamental rights of the individuals concerned or the fundamental interests of the third country related to national security or defence , it should consult the third country via its central authorities , which are already in place for mutual legal assistance purposes in most parts of the world. it should set a deadline for the third country to raise objections to the execution of the european production order; in case the third country authorities do not respond within the (extended) deadline despite a reminder informing them of the consequences of not providing a response , the court upholds the order. if the third country authorities object to disclosure , the court should lift the order. ### (51) where conflicting obligations exist , the court should determine whether the conflicting provisions of the third country prohibit disclosure of the data concerned on the grounds that this is necessary to either protect the fundamental rights of the individuals concerned or the fundamental interests of the third country related to national security or defence. where the court concludes that conflicting provisions of the third country prohibit disclosure of the data concerned on the grounds that this is necessary to either protect the fundamental rights of the individuals concerned or the fundamental interests of the third country related to national security or defence , it should consult the third country via its central authorities , which are already in place for mutual legal assistance purposes in most parts of the world. it should set a deadline for the third country to raise objections to the execution of the european production order; in case the third country authorities do not respond within the (extended) deadline despite a reminder informing them of the consequences of not providing a response , the court upholds the order. if the third country authorities object to disclosure , the court should lift the order.


### (54) it is essential that all persons whose data are requested in criminal investigations or proceedings have access to an effective legal remedy , in line with article 47 of the charter of fundamental rights of the european union. for suspects and accused persons , the right to an effective remedy should be exercised during the criminal proceedings. this may affect the admissibility , or as the case may be , the weight in the proceedings , of the evidence obtained by such means. in addition , they benefit from all procedural guarantees applicable to them , such as the right to information. other persons , who are not suspects or accused persons , should also have a right to an effective remedy. therefore , as a minimum , the possibility to challenge the legality of a european production order , including the necessity and the proportionality of the order , should be provided. this regulation should not limit the possible grounds to challenge the legality of the order. these remedies should be exercised in the issuing state in accordance with national law. rules on interim relief should be governed by national law. ### (54) it is essential that all persons whose data are requested in criminal investigations or proceedings have access to an effective legal remedy , in line with article 47 of the charter. for suspects and accused persons , the right to an effective remedy should be exercised during the criminal proceedings. this may affect the admissibility , or as the case may be , the weight in the proceedings , of the evidence obtained by such means. in addition , they benefit from all procedural guarantees applicable to them , such as the right to information. other persons , who are not suspects or accused persons , should also have a right to an effective remedy. therefore , as a minimum , the possibility to challenge the legality of a european production order or a european preservation order , including the necessity and the proportionality of the order , should be provided. this regulation should not limit the possible grounds to challenge the legality of the order. these remedies should be exercised in the issuing state in accordance with national law. rules on interim relief should be governed by national law.


### (55) in addition , during the enforcement procedure and subsequent legal remedy , the addressee may oppose the enforcement of a european production or preservation order on a number of limited grounds , including it not being issued or validated by a competent authority or it being apparent that it manifestly violates the charter of fundamental rights of the european union or is manifestly abusive. for example , an order requesting the production of content data pertaining to an undefined class of people in a geographical area or with no link to concrete criminal proceedings would ignore in a manifest way the conditions for issuing a european production order. ### (55) in addition , during the enforcement procedure and subsequent legal remedy , the addressee may oppose the enforcement of a european production or preservation order on a number of limited grounds , including it not being issued or validated by a competent authority or it being apparent that it manifestly violates the charter or is manifestly abusive. for example , an order requesting the production of content data pertaining to an undefined class of people in a geographical area or with no link to concrete criminal proceedings would ignore in a manifest way the conditions for issuing a european production order.


### (56) the protection of natural persons for the processing of personal data is a fundamental right. in accordance with article 8(1) of the charter of fundamental rights of the european union and article 16(1) of the tfeu , everyone has the right to the protection of personal data concerning them. when implementing this regulation , member states should ensure that personal data are protected and may only be processed in accordance with regulation (eu) 2016/679 and directive (eu) 2016/680. ### (56) the protection of natural persons for the processing of personal data is a fundamental right. in accordance with article 8(1) of the charter and article 16(1) of the tfeu , everyone has the right to the protection of personal data concerning them. when implementing this regulation , member states should ensure that personal data are protected and may only be processed in accordance with regulation (eu) 2016/679 and directive (eu) 2016/680.


### (3) ‘service provider’ means any natural or legal person that provides one or more of the following categories of services: ### (3) ‘service provider’ means any natural or legal person - in particular , data controller within the meaning of regulation (eu) 2016/679 - that provides one or more of the following categories of services:


### (4) ‘offering services in the union’ means: ### (4) ‘offering services in the union’ means enabling legal or natural persons in one or more member states to use the services referred to in point (2) and having a substantial connection to that member state , such as


### enabling legal or natural persons in one or more member state(s) to use the services listed under (3) above; and ### establishment of the service provider in the union;


### having a substantial connection to the member state(s) referred to in point (a); ### targeting of activities towards one or more member state(s).


### (6) ‘electronic evidence’ means evidence stored in electronic form by or on behalf of a service provider at the time of receipt of a production or preservation order certificate , consisting in stored subscriber data , access data , transactional data and content data; ### (6) ‘electronic information' means data , including metadata , stored in electronic form by or on behalf of a service provider at the time of receipt of a production or preservation order certificate , consisting in stored subscriber data , access data , transactional data and content data that might serve as evidence during the investigation , prosecution and legal proceedings regarding a criminal offence in a member state in accordance with national law.


### (8) ‘access data’ means data related to the commencement and termination of a user access session to a service , which is strictly necessary for the sole purpose of identifying the user of the service , such as the date and time of use , or the log-in to and log-off from the service , together with the ip address allocated by the internet access service provider to the user of a service , data identifying the interface used and the user id. this includes electronic communications metadata as defined in point (g) of article 4(3) of [regulation concerning the respect for private life and the protection of personal data in electronic communications]; ### (8) ‘access data’ means technical identifiers related to a specific user access to a service which shall be requested for the sole purpose of identifying the user of the service , such as the login id , the date and time of use , or the log-in to and log-off from the service , or the ip address allocated by the internet access service provider to the user of a service. this includes electronic communications metadata as defined in point (g) of article 4(3) of [regulation concerning the respect for private life and the protection of personal data in electronic communications];


### (9) ‘transactional data’ means data related to the provision of a service offered by a service provider that serves to provide context or additional information about such service and is generated or processed by an information system of the service provider , such as the source and destination of a message or another type of interaction , data on the location of the device , date , time , duration , size , route , format , the protocol used and the type of compression , unless such data constitues access data. this includes electronic communications metadata as defined in point (g) of article 4(3) of [regulation concerning the respect for private life and the protection of personal data in electronic communications]; ### (9) ‘transactional data’ means data related to the service offered by a service provider that provide context or additional information about such service and is generated or processed by an information system of the service provider , such as the source and destination of a message or another type of interaction , data on the location of the device , size , route , format , the protocol used and the type of compression. this includes electronic communications metadata as defined in point (g) of article 4(3) of [regulation concerning the respect for private life and the protection of personal data in electronic communications];


### (13) ‘enforcing state’ means the member state in which the addressee of the european production order or the european preservation order resides or is established and to which the european production order and the european production order certificate or the european preservation order and the european preservation order certificate are transmitted for enforcement; ### (13) ‘enforcing state’ means the member state in which the addressee of the european production order or the european preservation order resides or is established and to which the european production order and the european production order certificate or the european preservation order and the european preservation order certificate would be transmitted for enforcement;


### (14) ‘enforcing authority’ means the competent authority in the enforcing state to which the european production order and the european production order certificate or the european preservation order and the european preservation order certificate are transmitted by the issuing authority for enforcement; ### (14) ‘enforcing authority’ means the competent authority in the enforcing state to which the european production order and the european production order certificate or the european preservation order and the european preservation order certificate would be transmitted by the issuing authority for enforcement;


### 2. the european production orders and european production orders may only be issued for criminal proceedings , both during the pre-trial and trial phase. the orders may also be issued in proceedings relating to a criminal offence for which a legal person may be held liable or punished in the issuing state. ### 2. the european production orders and european preservation orders may only be issued for criminal proceedings , both during the pre-trial and trial phase. the orders may also be issued in proceedings relating to a criminal offence for which a legal person may be held liable or punished in the issuing state.


### 1. emphasises that the european asylum support office (‘easo’ or ‘the office’) contributes to enhanced practical cooperation of member states on asylum in europe , assists member states to fulfil their obligations and acts as a centre of expertise on asylum; ### 1. recalls the importance of the european asylum support office (‘easo’ or ‘the office’) for the development of the common european asylum system and emphasises the positive contribution of the office to enhanced practical cooperation of member states on asylum in europe , assists member states to fulfil their obligations and acts as a centre of expertise on asylum;


### 1. grants the executive director of the european asylum support office discharge in respect of the implementation of the office’s budget for the financial year 2018 / postpones its decision on granting the director of the european asylum support office discharge in respect of the implementation of the agency’s budget for the financial year 2018; ### 1. grants the executive director of the european asylum support office discharge in respect of the implementation of the office’s budget for the financial year 2018;


### 1. approves the closure of the accounts of the european asylum support office for the financial year 2018 / postpones the closure of the accounts of the european asylum support office for the financial year 2018; ### 1. approves the closure of the accounts of the european asylum support office for the financial year 2018;


### 1. takes notes of the decision of the office’s management board of 6 june 2018 to release the previous executive director from his duties with immediate effect; notes the designation of an ad interim executive director on 6 june 2018 and the appointment of a new executive director on 16 june 2019; takes notes of the follow-up report by the office on the observations of parliament for the 2017 financial year , in particular the corrective measures taken by the office’s management board , the ad interim executive director and the new executive director in order to improve the governance structure and efficiency of the office , restore transparency and build trust; supports and appreciates the measures outlined by the 2019 easo governance action plan; notes the positive message and intention for future close cooperation expressed by the new executive director in the public hearing of 4 september 2019; however , recalls the european parliament decision of 23 october 2019 refusing to grant the office’s executive director discharge for the financial year 2017; ### 1. takes notes of the decision of the office’s management board of 6 june 2018 to release the previous executive director from his duties with immediate effect; notes the designation of an ad interim executive director on 6 june 2018 and the appointment of a new executive director on 16 june 2019; welcomes the follow-up report by the office on the observations of parliament for the 2017 financial year , in particular the corrective measures taken by the office’s management board , the ad interim executive director and the new executive director in order to improve the governance structure and efficiency of the office , restore transparency and build trust; supports and appreciates the measures outlined by the 2019 easo governance action plan; notes the positive message and intention for future close cooperation expressed by the new executive director in the public hearing of 4 september 2019 and the agencies' hearing in cont committee of 4 december 2019;


### 4. notes that easo’s budget was substantially increased from 79 million eur to 98 million eur (+24%) while the staff only increased from 200 to 207 (+3.5%); is concerned by the court’s finding that contingency funds in easo’s budget to cover unforeseen and urgent operational needs were absent; calls on the office to address this situation in consultation with budgetary authorities and the commission , especially in light of the nature of easo’s operational activity; ### 4. notes that easo’s budget was substantially increased from 79 million eur to 98 million eur (+24%) while the staff only increased from 200 to 207 (+3.5%); is concerned by the court’s finding that contingency funds in easo’s budget to cover unforeseen and urgent operational needs were absent; calls on the office to address this situation in consultation with budgetary authorities and the commission , especially in light of the nature of easo’s operational activity; welcomes that the report of the court acknowledged that , out of the 61 measures in the action plan , 30 measures were completed while 31 had an ongoing status;


### 4. notes , in light of comments and observations from the discharge authority related to the office’s high dependency on sufficient resources , mainly on experts being made available by member states , that experts shortages are reported to the member states and commission at different levels; notes , furthermore , that , in order to compensate the shortages faced in member states nominations and deployments , the office has increased the deployment of locally recruited interim staff and that , in 2018 , only 26% of the deployments of the operational needs where covered with member states experts; ### 4. notes , in light of comments and observations from the discharge authority related to the office’s high dependency on sufficient resources , mainly on experts being made available by member states , that experts shortages are reported to the member states and commission at different levels; notes , furthermore , that , in order to compensate the shortages faced in member states nominations and deployments , the office has increased the deployment of locally recruited interim staff and that , in 2018 , only 26% of the deployments of the operational needs where covered with member states experts; however , acknowledges the efforts of easo to raise this issue both with the commission and the member states; takes notes of the response of the office with reference to the comments of the court regarding the overreliance on temporary agency workers and its risk to business continuity;


### 5. regrets that limited annual budgets and the absence of any contingency funds in the office’s budget to cover the financing of unforeseen urgent operational needs create budgetary uncertainties and hamper emergency planning; calls on the office to address budgetary constraints in consultation with the commission and the budgetary authorities; ### 5. regrets that limited annual budgets and the absence of any contingency funds in the office’s budget to cover the financing of unforeseen urgent operational needs create budgetary uncertainties and hamper emergency planning; welcomes the efforts of the office to carry out constant dialogues with the commission and the budgetary authorities regarding its operational planning and resource allocation;


### 6. acknowledges the renewed cooperation strategy of the joint easo-frontex management board; moreover; notes that the office plays an active role in the network of agencies in streamlining common actions such as call for the recruitment of confidential counsellors , participation in joint procurement procedures for framework contracts , and staff mobility programmes; ### 6. welcomes the renewed cooperation strategy of the joint easo-frontex management board; moreover , notes that the office plays an active role in the network of agencies in streamlining common actions such as call for the recruitment of confidential counsellors , participation in joint procurement procedures for framework contracts , and staff mobility programmes; strongly encourages the office to actively seek further and broader cooperation with all of the union agencies; urges the office to work on the concept of resources sharing on overlapping tasks among other agencies with similar activities;


### 8. notes with concern that , on 31 december 2018 , the establishment plan was only 68.22 % filled , with 146 temporary agents appointed out of 214 temporary agents authorised under the budget of the union (155 authorised posts in 2017); notes that , in addition , 61 contract agents and 3 seconded national experts were working for the office in 2018; ### 8. notes that , on 31 december 2018 , the establishment plan was only 68.22 % filled , with 146 temporary agents appointed out of 214 temporary agents authorised under the budget of the union (155 authorised posts in 2017); notes that , in addition , 61 contract agents and 3 seconded national experts were working for the office; notes with satisfaction , that the recruitment plan of easo foresees 500 staff members by 2020;


### 8. notes with concern that , on 31 december 2018 , the establishment plan was only 68.22 % filled , with 146 temporary agents appointed out of 214 temporary agents authorised under the budget of the union (155 authorised posts in 2017); notes that , in addition , 61 contract agents and 3 seconded national experts were working for the office in 2018; ### 8. notes with grave concern that , on 31 december 2018 , the establishment plan was only 68.22 % filled , with 146 temporary agents appointed out of 214 temporary agents authorised under the budget of the union (155 authorised posts in 2017); notes that , in addition , 61 contract agents and 3 seconded national experts were working for the office in 2018;


### 9. regrets to note that , according to the court’s report , as from the end of 2017 , the human resources situation at the office has deteriorated exponentially; notes that , by the end of 2018 , the office had 219 staff members; 89 offer letters were sent out and 60 contracts were signed; observes , however , that there were still 78 vacancies to be filled by the end of 2018; in particular , notes with deep concern the lack of managers in the administration department , as four out of five management posts were either vacant or saw the persons occupying it suspended from their duties; express its grave concern that this situation entails a significant risk to the continuation of the office’s operations at the current scale; calls on the office to make additional efforts to fill the vacant posts , in collaboration with the commission and member states and to keep the discharge authority up to date on the corrective measures taken to mitigate that risk; ### 9. notes the lack of managers in the administration department , as four out of five management posts were either vacant or saw the persons occupying it suspended from their duties , but acknowledges the response given by the office that the recruitment of the head of the human resources and security unit will be published in q1 of 2020; notes as well , as the office was affected by reorganisation , that the recruitment of the head of the finance and procurement unit is ongoing , and the head of the ict unit was filled in 2019; calls on the office to make additional efforts to fill the vacant posts , in collaboration with the commission and member states and to keep the discharge authority up to date on the corrective measures taken to mitigate that risk;


### 9. regrets to note that , according to the court’s report , as from the end of 2017 , the human resources situation at the office has deteriorated exponentially; notes that , by the end of 2018 , the office had 219 staff members; 89 offer letters were sent out and 60 contracts were signed; observes , however , that there were still 78 vacancies to be filled by the end of 2018; in particular , notes with deep concern the lack of managers in the administration department , as four out of five management posts were either vacant or saw the persons occupying it suspended from their duties; express its grave concern that this situation entails a significant risk to the continuation of the office’s operations at the current scale; calls on the office to make additional efforts to fill the vacant posts , in collaboration with the commission and member states and to keep the discharge authority up to date on the corrective measures taken to mitigate that risk; ### 9. regrets to note that , according to the court’s report , as from the end of 2017 , the human resources situation at the office has deteriorated exponentially; notes that , by the end of 2018 , the office had 219 staff members; 89 offer letters were sent out and 60 contracts were signed; observes , however , that there were still 78 vacancies to be filled by the end of 2018; in particular , notes with deep concern the lack of managers in the administration department , as four out of five management posts were either vacant or saw the persons occupying it suspended from their duties; express its grave concern that this situation entails a significant risk to the continuation of the office’s operations at the current scale; in this regard authorizes the commission to perform an efficiency assessment with particular emphasis on possibly re-evaluating the funding the office receives , based on the human resources situation; calls on the office to make additional efforts to fill the vacant posts , in collaboration with the commission and member states and to keep the discharge authority up to date on the corrective measures taken to mitigate that risk;


### 11. acknowledges the fact that the absence of comprehensive arrangements concerning the accommodation of asylum support teams and other office forces in the member states (e.g. as regards privileges and immunities for the office’s own staff , member states’ experts and contracted experts) creates a significant operational , financial and reputational risk; takes notes on the office’s reply that this issue has been raised in bilateral contacts with member states , commission and management board; calls on the office , together with the commission , to continue seeking effective arrangements with member states concerning the accommodation of asylum support teams and other office forces; ### 11. notes with satisfaction that regarding the housing arrangements concerning the accommodation of asylum support teams and other office forces in the member states (e.g. as regards privileges and immunities for the office’s own staff , member states’ experts and contracted experts) , the office has already signed a hosting arrangement with cyprus in july 2019 , will sign a hosting agreement with greece in january 2020 and is in the process of concluding a new agreement with italy as well to fully respect the provisions of the easo founding regulation and in line with other easo hosting arrangements; calls on the office , together with the commission , to continue seeking effective arrangements with member states concerning the accommodation of asylum support teams and other office forces;


### 12. notes from the court’s report that in 2018 the office had launched an open public procurement procedure to establish framework contracts for the provision of temporary workers’ service in italy; notes that the office discontinued the procedure because only one tender was received and the office considered this offer unacceptable , as the financial offer exceeded the estimated maximum budget; observes that the court found that the tender specifications contained an important mistake amounting to eur 25 million; notes , therefore , that it is likely that other possible candidates refrained from submitting tenders to the office since the specifications did not allow for a lawful business case; notes furthermore , that the office did not change the tender specifications and did not allow to organise a new open procedure but instead negotiated the conditions and consequently signed the contract with the one tenderer that had responded to the initial call; notes with concern that in the absence of fair competition on the basis of correct tender specifications , the procurement procedure and all related contracts and future payments are considered irregular; calls on the office to apply the union public procurement rules in a rigorous manner; ### 12. notes from the court’s report that in 2018 the office had launched an open public procurement procedure to establish framework contracts for the provision of temporary workers’ service in italy; notes that the office discontinued the procedure because only one tender was received and the office considered this offer unacceptable , as the financial offer exceeded the estimated maximum budget; observes that the court found that the tender specifications contained an important mistake amounting to eur 25 million; notes , however , that easo has accepted these findings and has adopted and implemented corrective actions that include: terminating the framework contract for temporary agency workers services in italy; launching a new procurement procedure for temporary agency workers services in italy; launching an additional call for member states' experts and where possible , use alternative modalities for deployment of experts to cover the period until the entry into force of a new framework contract; temporarily significantly scaling down the number of easo temporary agency workers deployed in italy and together with italian authorities maintain the level of business continuity for essential support measures; notes also that the new procurement procedure was concluded and the new framework contract was awarded in december 2019 , so that business continuity is assured throughout the procedure; calls on the office to apply the union public procurement rules in a rigorous manner;


### 13. notes that the office uses service contracts with it companies which were formulated in a way that could imply assignment of temporary agency workers instead of clearly defined it services or products; recalls that the provision of temporary agency workers to perform precise tasks for a specific duration is subject to directive 2018/104/ec of the european parliament and of the council and to specific rules adopted by the member states; notes that the use of it service contracts for the provision of labour is not compliant with the eu staff regulation and eu social and employment rules; takes notes on the office’s reply that it is considering reviewing its template for time and means contracts as to include in each contract a list of deliverables that are to be performed under the contract; calls on the office to make sure that the contracts’ formulation prevents any confusion between the procurement of it services and of interim workers; ### 13. notes that the office uses service contracts with it companies which were formulated in a way that could imply assignment of temporary agency workers instead of clearly defined it services or products; recalls that the provision of temporary agency workers to perform precise tasks for a specific duration is subject to directive 2018/104/ec of the european parliament and of the council and to specific rules adopted by the member states; notes that the use of it service contracts for the provision of labour is not compliant with the eu staff regulation and eu social and employment rules; notes with satisfaction that easo revised its template for time and means contracts as to include in each contract a list of deliverables that are to be performed under the contract; calls on the office to continue its diligence and make sure that the contracts’ formulation prevents any confusion between the procurement of it services and of interim workers;


### 17. deplores that , at the end of 2018 , the office did not have an internal audit capability and that there were no comprehensive internal audit service audit reports that had been issued since january 2018; furthermore , notes that the creation of ex-post controls to verify the legality and regularity of transactions was in its infancy; takes note on the office’s reply that it has agreed and documented corrective measures on the internal control systems including the creation of audit capability by q4 of 2019 and an ex-post internal control capability by q3 of 2019; calls on the office to report back to the discharge authority on the measures taken in that respect; ### 17. deplores that , at the end of 2018 , the office did not have an internal audit capability and that there were no comprehensive internal audit service audit reports that had been issued since january 2018; furthermore , notes that the creation of ex-post controls to verify the legality and regularity of transactions was in its infancy; welcomes the office’s reply that it has agreed and documented corrective measures on the internal control systems including the creation of audit capability by q4 of 2019 and an ex-post internal control capability by q3 of 2019; calls on the office to report back to the discharge authority on the measures taken in that respect;


### 18. notes that the office has taken positive steps in order to improve organisational governance; notes that 30 out of the 61 measures in the action plan were completed , while 31 had an ongoing status at the time of the court’s audit; ### 18. notes that the office has taken positive steps in order to improve organisational governance; notes that 48 out of the 61 measures in the action plan were completed , while 13 had an ongoing status at the time of the court’s audit;


### 19. regrets that there is still no policy regarding sensitive posts at the office , which is not in line with the office’s internal control standards whereby sensitive functions should be clearly defined , recorded and kept up to date; takes notes on the office’s reply that a sensitive posts policy is being finalised and is expected to be approved by q3 of 2019 and to be implemented by q4 of 2019; calls on the office to report to the discharge authority on developments on this matter; ### 19. welcomes the newly adopted sensitive post policy of easo of september 2019 providing the guidelines and criteria for the management team to implement a risk assessment , identify and document the sensitive functions in easo together with the agreed mitigating controls , and additionally , to assess the sensitive function and document mitigating controls by q1 2020;


### 19. regrets that there is still no policy regarding sensitive posts at the office , which is not in line with the office’s internal control standards whereby sensitive functions should be clearly defined , recorded and kept up to date; takes notes on the office’s reply that a sensitive posts policy is being finalised and is expected to be approved by q3 of 2019 and to be implemented by q4 of 2019; calls on the office to report to the discharge authority on developments on this matter; ### 19. notes with alarm that there is still no policy regarding sensitive posts at the office , which is not in line with the office’s internal control standards whereby sensitive functions should be clearly defined , recorded and kept up to date; takes notes on the office’s reply that a sensitive posts policy is being finalised and is expected to be approved by q3 of 2019 and to be implemented by q4 of 2019; calls on the office to report to the discharge authority on developments on this matter;


### 20. recalls the fact that , at the end of 2017 , there were no internal legal function at the office and that a multitude of law firms had been engaged under the control of the previous director; observes , however , that in 2018 the office has created a list of all contracts used for legal advice , and that in 2019 , a new senior legal advisor started her duties at the office and the new framework contract for legal advice to replace the previous contracts was signed; notes , however , that there was still no systematic internal review of legal documents in place while multiple inconsistencies were noted in the legal aspects of public procurement procedures in 2018; calls on the office to ensure a strong legal function and effective management of legal procedures; ### 20. recalls the fact that , at the end of 2017 , there were no internal legal function at the office and that a multitude of law firms had been engaged under the control of the previous director; observes , however , that in 2018 the office has created a list of all contracts used for legal advice , and that in 2019 , a new senior legal advisor started her duties at the office and the new framework contract for legal advice to replace the previous contracts was signed; notes , however , that there was still no systematic internal review of legal documents in place while multiple inconsistencies were noted in the legal aspects of public procurement procedures in 2018; calls on the office to ensure a strong legal function and effective management of legal procedures; notes with satisfaction the objective of the agency to build the governance and internal control framework (icf) with the creation of , inter alia , a legal and data protection sector and internal control and risk management sector to ensure in future systematic review of legal documents including for procurement; welcomes also the initiative of the office to establish internal audit capacity within the agency whilst arranging a joint audit capacity with eu-lisa;


### 22. notes , following comments and observations from the discharge authority related to the fact that the office is one of the few multi-location union agencies and that the office entered into lease contracts in several locations without having carried out an adequate local market analysis , that , as regards the office in rome , a new tender will be shortly launched , preceded by a proper market analysis for renting an office in order to regularise the current situation; observes , moreover , in the case of the office in athens , that the rental current contract ends in january 2020 and that a new procurement procedure is currently being prepared which includes a proper market analysis; notes , in addition , that the processing facility in pagani (lesvos) moved the operational working places located within the hotspots outside the centres; notes that , concerning cyprus’ office , in mid-2018 a new contract was signed with the owner of the building following a tender aimed at regularising the initial agreement and including the possibility to expand if further needs arise; ### 22. notes , following comments and observations from the discharge authority related to the fact that the office is one of the few multi-location union agencies and that the office entered into lease contracts in several locations without having carried out an adequate local market analysis , that , as regards the office in rome , a new tender will be shortly launched , preceded by a proper market analysis for renting an office in order to regularise the current situation; observes , moreover , in the case of the office in athens , that the rental current contract ends in january 2020 and that a new procurement procedure is currently being prepared which includes a proper market analysis; notes , in addition , that the processing facility in pagani (lesvos) moved the operational working places located within the hotspots outside the centres; notes that , concerning cyprus’ office , in mid-2018 a new contract was signed with the owner of the building following a tender aimed at regularising the initial agreement and including the possibility to expand if further needs arise; welcomes the new procurement standard operating procedures (sops) adopted on 15 february 2019 providing guidance on sensitive aspects of the procurement and contract management procedure , including detailed provisions on market surveys; notes the effort of the office to align its procurement procedures with the ‘methodology to be followed by the services of the commission for prospecting and negotiating for buildings’ and publishes market prospect notices for all envisaged building contracts in order to increase transparency and competition;


### 1. emphasises the important role of the european union agency for law enforcement cooperation (‘europol’ or ‘the agency’) in assisting member states with criminal investigations; ### 1. emphasises the important role of the european union agency for law enforcement cooperation (‘europol’ or ‘the agency’) in supporting member states with criminal investigations; emphasises also the increase in europol's tasks and its fundamental action in the fight against organized crime and terrorism;


### 1. grants the executive director of the european union agency for law enforcement cooperation (europol) discharge in respect of the implementation of europol’s budget for the financial year 2018/ postpones its decision on granting the executive director of the european union agency for law enforcement cooperation (europol) discharge in respect of the implementation of the agency’s budget for the financial year 2018; ### 1. grants the executive director of the european union agency for law enforcement cooperation (europol) discharge in respect of the implementation of europol’s budget for the financial year 2018;


### 2. notes that the agency monitored its performance by means of 38 key performance indicators , 51 other performance indicators and the implementation of around 170 specific actions planned in its work programme , with the performance reporting framework in general aimed at assessing the added value the agency’s activities and at enhancing its budget management; ### 2. notes with satisfaction that the agency monitored its performance by means of 38 key performance indicators , 51 other performance indicators and the implementation of around 170 specific actions planned in its work programme , with the performance reporting framework in general aimed at assessing the added value the agency’s activities and at enhancing its budget management;


### 5. notes with appreciation that in 2018 the agency continued to carry out joint activities or shared services with other union agencies , including eurojust , the european border and coast guard agency , the european asylum support office and the european monitoring centre for drugs and drug addiction and that the agency joined 10 interinstitutional and one inter-agency procurement procedure; ### 5. notes with appreciation that in 2018 the agency continued to carry out joint activities or shared services with other union agencies , including eurojust , the european border and coast guard agency , the european asylum support office and the european monitoring centre for drugs and drug addiction and that the agency joined 10 interinstitutional and one inter-agency procurement procedure; deems it necessary for europol to further develop strong ties with other relevant union institutions; encourages the agency to explore ways of sharing resources or staff , or both , allocated to overlapping tasks with other agencies which perform similar activities or with agencies based within the agency's proximity;


### 7. notes with concern that , according to the court’s report , the agency irregularly prolonged the duration of a framework contract for the provision of business travel services by signing amendment number 2 after the contract had expired and that , with the same amendment , the agency also introduced new price aspects not covered by the competitive procurement procedure , making amendment number 2 and related 2018 payments irregular; notes the agency’s reply that the delay for the extension of the contract was due to the application of the principle of sound financial management; calls on the agency to strengthen contract management and ex-ante controls; ### 7. notes with concern that , according to the court’s report , the agency irregularly prolonged the duration of a framework contract for the provision of business travel services by signing amendment number 2 after the contract had expired and that , with the same amendment , the agency also introduced new price aspects not covered by the competitive procurement procedure , making amendment number 2 and related 2018 payments irregular; notes the agency’s reply that the delay for the extension of the contract was due to the application of the principle of sound financial management; calls on the agency to strengthen accordingly contract management and ex-ante controls;


### 8. notes the agency’s existing measures and ongoing efforts to secure transparency , prevention and management of conflicts of interest and whistle-blower protection; notes the potential conflict of interest case identified concerning a recruitment procedure in 2018; notes that no follow-up action was needed as the adviser recused himself; ### 8. notes the agency’s existing measures and ongoing efforts to secure transparency , prevention and management of conflicts of interest and whistle-blower protection; notes the potential conflict of interest case identified concerning a recruitment procedure in 2018; notes that no follow-up action was needed as the adviser recused himself; welcomes the declarations of interest , based on the new model template of europol , that have since been published on the website of europol , both in relation to the (deputy) executive director(s) and the members of the management board of europol;


### 1. grants the executive director of the european union agency for the οperational management of large-scale it systems in the area of freedom , security and justice (eu-lisa) discharge in respect of the implementation of the agency’s budget for the financial year 2018 / postpones its decision on granting the executive director of the european union agency for the οperational management of large-scale it systems in the area of freedom , security and justice (eu-lisa) discharge in respect of the implementation of the agency’s budget for the financial year 2018; ### 1. grants the executive director of the european union agency for the οperational management of large-scale it systems in the area of freedom , security and justice (eu-lisa) discharge in respect of the implementation of the agency’s budget for the financial year 2018;


### 1. approves the closure of the accounts of the european union agency for the οperational management of large-scale it systems in the area of freedom , security and justice (eu-lisa) for the financial year 2018 / postpones the closure of the accounts of the european union agency for the οperational management of large-scale it systems in the area of freedom , security and justice (eu-lisa) for the financial year 2018; ### 1. approves the closure of the accounts of the european union agency for the οperational management of large-scale it systems in the area of freedom , security and justice (eu-lisa) for the financial year 2018;


### 1. regrets that budget-monitoring efforts during the financial year 2018 resulted in a budget implementation rate of 73 ,85 % , representing a decrease of 24 ,82 % compared with 2017; observes that the low implementation rate is due to outstanding commitments , mainly related to operational expenditure subject to adoption of their legal basis; notes furthermore that the payment appropriations execution rate was 90 ,56 % , representing a decrease of 0 ,98 % compared with 2017; ### 1. notes that budget-monitoring efforts during the financial year 2018 resulted in a budget implementation rate of 75 ,2 %; observes that the low implementation rate is due to outstanding commitments , mainly related to operational expenditure which is subject to adoption of their legal basis; notes furthermore that the payment appropriations execution rate was 94 ,08 % , representing an increase of 2 ,55 % compared with 2017;


### 1. regrets that budget-monitoring efforts during the financial year 2018 resulted in a budget implementation rate of 73 ,85 % , representing a decrease of 24 ,82 % compared with 2017; observes that the low implementation rate is due to outstanding commitments , mainly related to operational expenditure subject to adoption of their legal basis; notes furthermore that the payment appropriations execution rate was 90 ,56 % , representing a decrease of 0 ,98 % compared with 2017; ### 1. regrets that budget-monitoring efforts during the financial year 2018 resulted in a budget implementation rate of 75 ,18 %; observes that the low implementation rate is due to outstanding commitments , mainly related to operational expenditure which is subject to adoption of their legal basis; notes furthermore that the payment appropriations execution rate was 94 ,08 % , representing an increase decrease of 2 ,55 % compared with 2017;


### 3. notes the agency's very low budget implementation in 2018 , with close to 25 % (eur 49 million) of commitment appropriations carried forward and 76 % (eur 74 million) of payment appropriations unused; acknowledges that this was due to reasons beyond the control of the agency , namely the late adoption or entry into force of certain legislative acts; believes , however , that the lower absorption capacity should have been anticipated and therefore calls on the agency and the commission to improve the budgetary planning in the future; ### 3. notes the agency's budget implementation in 2018 with close to 25 % (eur 49 million) of commitment appropriations carried forward and 76 % (eur 74 million) of payment appropriations unused; acknowledges that this was due to reasons beyond the control of the agency , namely the late adoption or entry into force of certain legislative acts; believes , however , that the lower absorption capacity should have been anticipated and therefore calls on the commission to improve the budgetary planning in the future , including by involving the agency during relevant preparations;


### 6. notes , in light of the observations and comments made in 2018 by the discharge authority , that the agency manages three separate , non-integrated large-scale it systems in accordance with the respective legal instruments governing those systems and that the different development timelines and constraints stemming from these legal framework have caused the it systems to be built separately and in a non-integrated way; notes that the agency recognises that this approach is neither sustainable nor efficient from an operational or budgetary perspective; further notes that the agency has begun an initiative to streamline system architecture and design with the commission’s interoperability initiative as the main driver; ### 6. notes , in light of the observations and comments made in 2018 by the discharge authority , that the agency manages three separate , non-integrated large-scale it systems in accordance with the respective legal instruments governing those systems , and that the different development timelines and constraints stemming from these legal framework have caused the it systems to be built separately and in a non-integrated way; notes that the agency recognises that this approach is neither sustainable nor efficient from an operational or budgetary perspective; welcomes the fact that the agency has begun an initiative to streamline system architecture and design with the commission’s interoperability initiative as the main driver; encourages the agency to further explore the possibilities of establishing common procedures and shared systems;


### 7. notes with concern that on 31 december 2018 the establishment plan was only 89 ,71 % executed , with 122 temporary agents appointed out of 136 temporary agents authorised under the union budget (compared with 131 authorised posts in 2017); notes that , in addition , 31 contract agents and 9 seconded national experts worked for the agency in 2018; ### 7. notes with concern that on 31 december 2018 the establishment plan was only 89 ,71 % executed , with 122 temporary agents appointed out of 136 temporary agents authorised under the union budget (compared with 131 authorised posts in 2017); notes that , in addition , 31 contract agents and 9 seconded national experts worked for the agency in 2018; welcomes the agency's reply that this execution rate can be attributed to the late adoption of the legal acts and urges the agency to report on future progress;


### 7. notes with concern that on 31 december 2018 the establishment plan was only 89 ,71 % executed , with 122 temporary agents appointed out of 136 temporary agents authorised under the union budget (compared with 131 authorised posts in 2017); notes that , in addition , 31 contract agents and 9 seconded national experts worked for the agency in 2018; ### 7. notes with concern that on 31 december 2018 the establishment plan was only 89 ,71 % executed , with 122 temporary agents appointed out of 136 temporary agents authorised under the union budget (compared with 131 authorised posts in 2017); notes that , in addition , 31 contract agents and 9 seconded national experts worked for the agency in 2018; notes that this execution rate can be attributed to the late adoption of the correspondent legal acts;


### 11. notes with concern that according to the court’s report two audited payments for the provision of ‘corrective maintenance in working order of the schengen information system’ (mws) were partly irregular in that the agency amended one specific contract by increasing monthly maintenance charges without amending the mws framework contract to provide for the price increase and later extended the contract by 1 ,5 months after the expiry of the mws framework contract; stresses that the additional amount paid for the monthly maintenance and the payment for maintenance after the expiry date of the framework contract are irregular; notes the agency’s reply that delays incurred in the launch of the successor framework contract and additional steps taken during the award process resulted in the requirement to ensure continuity of maintenance for the schengen information system , in line with the agency’s legal obligations , and that the process of finalising the set of checklists and templates for procurement procedures and the creation of capabilities for planning support of operational activities and underlying procurement is ongoing; calls on the agency to ensure compliance with public procurement rules; ### 11. notes with concern that according to the court’s report two audited payments for the provision of ‘corrective maintenance in working order of the schengen information system’ (mws) were partly irregular in that the agency amended one specific contract by increasing monthly maintenance charges without amending the mws framework contract to provide for the price increase and later extended the contract by 1 ,5 months after the expiry of the mws framework contract; stresses that the additional amount paid for the monthly maintenance and the payment for maintenance after the expiry date of the framework contract are partially irregular; notes the agency’s reply that delays incurred in the launch of the successor framework contract and additional steps taken during the award process resulted in the requirement to ensure continuity of maintenance for the schengen information system , in line with the agency’s legal obligations , and that the process of finalising the set of checklists and templates for procurement procedures and the creation of capabilities for planning support of operational activities and underlying procurement is ongoing; calls on the agency to ensure compliance with public procurement rules;


### 1. stresses the important role of the european judicial cooperation unit (‘eurojust’) in assisting competent authorities of the member states in the prosecution of serious cross-border and organised crime; ### 1. stresses the fundamental role of the european judicial cooperation unit (‘eurojust’) in assisting competent authorities of the member states in the investigation and prosecution of serious cross-border and organised crime;


### 1. grants the administrative director of the european union agency for criminal justice cooperation (eurojust) discharge in respect of the implementation of eurojust’s budget for the financial year 2018/ postpones its decision on granting the administrative director of the european union agency for criminal justice cooperation (eurojust) discharge in respect of the implementation of the eurojust’s budget for the financial year 2018; ### 1. grants the administrative director of the european union agency for criminal justice cooperation (eurojust) discharge in respect of the implementation of eurojust’s budget for the financial year 2018;


### 1. approves the closure of the accounts of eurojust for the financial year 2018/ postpones the closure of the accounts of the eurojust for the financial year 2018; ### 1. approves the closure of the accounts of eurojust for the financial year 2018;


### 3. deplores that eurojust was faced with a significant budget decrease from eur 48 to 38 million (-21%) and a reduction in staff from 242 to 238 (-1.6%) despite a 19% increase in the workload compared to 2017; reminds that the workload is expected to increase further with the new mandate which will enter into force at the end of 2019 and that some cases concerning complex investigations can last several years; further reminds that the number of coordination centres held in 2018 was 17 , just as in 2017 , demonstrating the popularity of this operational tool and its utility; stresses that the budget of eurojust should match its tasks and priorities in order to enable it to fulfil its mandate; calls on parliament’s competent committees to invite the administrative director of eurojust to present the forecasted long-term funding needs of eurojust , including the efficiency gains expected and the operational gaps which would result from insufficient funding; ### 3. deplores that eurojust was faced with a significant budget decrease from eur 48 to 38 million (-21%) and a reduction in staff from 242 to 238 (-1.6%) despite a 19% increase in the workload compared to 2017; reminds that both ongoing cases from previous years as well as new cases have been on a constantly growing curve during the past years , a tendency that is expected to continue; reminds that the workload is expected to increase further with the new mandate which will enter into force at the end of 2019 and that some cases concerning complex investigations can last several years; further reminds that the number of coordination centres held in 2018 was 17 , just as in 2017 , demonstrating the popularity of this operational tool and its utility; stresses that eurojust plays an essential role in the union security chain and that its budget should match its tasks and priorities in order to enable it to fulfil its mandate; is extremely concerned by the severe cuts in financing proposed by the commission in the 2021-2027 multiannual financial framework; calls on parliament’s competent committees to invite the administrative director of eurojust to present the forecasted long-term funding needs of eurojust , including how much of the foreseen future tasks can be covered through efficiency gains , the operational gaps which would result from insufficient funding and their foreseen impact on the fight against cross-border crime;


### 3. deplores that eurojust was faced with a significant budget decrease from eur 48 to 38 million (-21%) and a reduction in staff from 242 to 238 (-1.6%) despite a 19% increase in the workload compared to 2017; reminds that the workload is expected to increase further with the new mandate which will enter into force at the end of 2019 and that some cases concerning complex investigations can last several years; further reminds that the number of coordination centres held in 2018 was 17 , just as in 2017 , demonstrating the popularity of this operational tool and its utility; stresses that the budget of eurojust should match its tasks and priorities in order to enable it to fulfil its mandate; calls on parliament’s competent committees to invite the administrative director of eurojust to present the forecasted long-term funding needs of eurojust , including the efficiency gains expected and the operational gaps which would result from insufficient funding; ### 3. deplores that eurojust was faced with a significant budget decrease from eur 48 to 38 million (-21%) and a reduction in staff from 242 to 238 (-1.6%) despite a 19% increase in the workload compared to 2017; reminds that the workload is expected to increase further with the new mandate which will enter into force at the end of 2019 and that some cases concerning complex investigations can last several years; further reminds that the number of coordination centres held in 2018 was 17 , just as in 2017 , demonstrating the popularity of this operational tool and its utility; stresses that the budget of eurojust should match its tasks and priorities in order to enable it to fulfil its mandate; warns that a lack of appropriate funding undermines the work of eurojust in prosecuting serious cross-border and organised crime and therefore presents security risks within member states; calls on parliament’s competent committees to invite the administrative director of eurojust to present the forecasted long-term funding needs of eurojust , including the efficiency gains expected and the operational gaps which would result from insufficient funding;


### 6. notes that , following the court’s suggestion of previous years , eurojust has , since june 2019 , been advertising vacancies on the website of the european personnel selection office , making use of the capability to publish the titles of such vacancies in all the union’s official languages with a link to the full text in the english language only; ### 6. notes that , following the court’s suggestion of previous years , eurojust has , since june 2019 , been advertising vacancies on the website of the european personnel selection office , making use of the capability to publish the titles of such vacancies in all the union’s official languages with a link to the full text in the english language only; encourages eurojust , in relation to lower-ranking staff , to consider the possibility of sharing staff and resources with other union agencies;


### (6) to avoid such fragmentation and to ensure that undertakings active in the internal market are subject to the same or similar obligations , the union has adopted a number of legal acts in related fields such as data protection17 . to increase the level of protection for the data subjects , the rules of the general data protection regulation18 provide for the designation of a legal representative in the union by controllers or processors not established in the union but offering goods or services to individuals in the union or monitoring their behaviour if their behaviour takes place within the union , unless the processing is occasional , does not include processing , on a large scale , of special categories of personal data or the processing of personal data relating to criminal convictions and offences , and is unlikely to result in a risk to the rights and freedoms of natural persons , taking into account the nature , context , scope and purposes of the processing or if the controller is a public authority or body. ### (6) to avoid such fragmentation and to ensure that undertakings active in the internal market are subject to the same or similar obligations , the union has adopted a number of legal acts in related fields such as data protection . in particular , regulation (eu) 2016/679 ('gdpr)18 provides for the designation of a legal representative in the union by controllers or processors not established in the union but offering goods or services to individuals in the union or monitoring their behaviour if their behaviour takes place within the union , unless the processing is occasional , does not include processing , on a large scale , of special categories of personal data or the processing of personal data relating to criminal convictions and offences , and is unlikely to result in a risk to the rights and freedoms of natural persons , taking into account the nature , context , scope and purposes of the processing or if the controller is a public authority or body.


### (7) by setting out harmonised rules on the legal representation of certain service providers in the union for receipt of , compliance with and enforcement of decisions issued by competent authorities in the member states for the purposes of gathering evidence in criminal proceedings , the existing obstacles to the free provision of services should be removed , as well as the future imposition of divergent national approaches in that regard should be prevented. level playing field for service providers should be established. moreover , more effective criminal law enforcement in the common area of freedom , security and justice should be facilitated. ### (7) by setting out harmonised rules on the legal representation of certain service providers in the union for receipt of , compliance with and enforcement of decisions issued by competent authorities in the member states for the purposes of gathering evidence in criminal proceedings , the existing obstacles to the free provision of services should be removed , as well as divergent national approaches in that regard should be prevented. level playing field for service providers should be established. moreover , more effective criminal law enforcement in the common area of freedom , security and justice should be facilitated and accelerated.


### (9) member states shall ensure that the obligation to designate a legal representative is immediate , that is from the date of transposition set out in article 7 for service providers that offer services in the union at that date , or from the moment service providers start offering services in the union for those service providers that will start offering services after the date of transposition. ### (9) when transposing this directive , member states should ensure that the obligation to designate a legal representative takes place without undue delay from the date of transposition set out in article 7 for service providers that offer services in the union at that date , or from the moment service providers start offering services in the union for those service providers that will start offering services after the date of transposition thereafter.


### (12) the determination whether a service provider offers services in the union requires an assessment whether the service provider enables legal or natural persons in the union to use its services. however , the mere accessibility of an online interface (for instance the accessibility of the service provider’s or an intermediary’s website or of an email address and of other contact details) taken in isolation should not be a sufficient condition for the application of this directive. ### (12) the determination whether a service provider offers services in the union requires an assessment whether the service provider enables legal or natural persons in the union to use its services and has a substantial connection to one or more member states.


### (13) a substantial connection to the union should also be relevant to determine the ambit of application of this directive. such a substantial connection to the union should be considered to exist where the service provider has an establishment in the union. in the absence of such an establishment , the criterion of a substantial connection should be assessed on the basis of the existence of a significant number of users in one or more member states , or the targeting of activities towards one or more member states. the targeting of activities towards one or more member states can be determined on the basis of all relevant circumstances , including factors such as the use of a language or a currency generally used in that member state , or the possibility of ordering goods or services. the targeting of activities towards a member state could also be derived from the availability of an application (‘app’) in the relevant national app store , from providing local advertising or advertising in the language used in that member state , or from the handling of customer relations such as by providing customer service in the language generally used in that member state. a substantial connection is also to be assumed where a service provider directs its activities towards one or more member states as set out in article 17(1)(c) of regulation 1215/2012 on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters. on the other hand , provision of the service in view of mere compliance with the prohibition to discriminate laid down in regulation (eu) 2018/30219 cannot be , on that ground alone , be considered as directing or targeting activities towards a given territory within the union. the same considerations should apply to determine whether a service provider offers services in a member state. ### (13) a substantial connection to the union should be considered to exist where the service provider has an establishment in the union. in the absence of such an establishment , the criterion of a substantial connection should be assessed on the basis of the existence of a significant number of users in one or more member states , or the targeting of activities towards one or more member states. the targeting of activities towards one or more member states should be determined on the basis of all relevant circumstances. the circumstances include the use of a language or a currency generally used in that member state , or the possibility of ordering goods or services. the targeting of activities towards a member state could also be derived from the availability of an application (‘app’) in the relevant national app store , the provision of local advertising or advertising in a language used in that member state , or the provision of customer service in a language generally used in that member state. a substantial connection is also to be assumed where a service provider directs its activities towards one or more member states as set out in article 17(1)(c) of regulation 1215/201218a . however , the mere accessibility of an online interface such as the website of the service provider or an intermediary , an email address and other contact details taken in isolation should not be a sufficient condition for the application of this directive. moreover , the provision of a service in view of mere compliance with the prohibition to discriminate laid down in regulation (eu) 2018/30219 cannot be , on that ground alone , be considered as directing or targeting activities towards a given territory within the union. the same considerations should apply to determine whether a service provider offers services in a member state.


### (14) service providers obliged to designate a legal representative should be able to choose to that effect an existing establishment in a member state , be it a corporate body or a branch , agency , office or a main seat or headquarters , and also more than one legal representative. nevertheless , a corporate group should not be forced to designate multiple representatives , one for each undertaking part of that group. different instruments adopted within the scope of title v , chapter 4 , of the treaty on the functioning of the european union apply in the relationships between member states when gathering evidence in criminal proceedings. as a consequence of this ‘variable geometry’ that exists in the common area of criminal law , there is a need to ensure that the directive does not facilitate the creation of further disparities or obstacles to the provision of services in the internal market by allowing service providers offering services on their territory to designate legal representatives within member states that do not take part in relevant legal instruments , which would fall short of addressing the problem. therefore , at least one representative should be designated in a member state that participates in the relevant union legal instruments to avoid the risk of weakening the effectiveness of the designation provided for in this directive and to make use of the synergies of having a legal representative for the receipt of , compliance with and enforcement of decisions and orders issued in the context of gathering evidence in criminal proceedings , including under the [regulation] or the 2000 mutual legal assistance convention. in addition , designating a legal representative , which could also be utilised to ensure compliance with national legal obligations , makes use of the synergies of having a clear point of access to address the service providers for the purpose of gathering evidence in criminal matters. ### (14) service providers obliged to designate a legal representative should be able to choose to that effect an existing establishment in a member state , be it a corporate body or a branch , agency , office or a main seat or headquarters , and also more than one legal representative. nevertheless , a corporate group should not be forced to designate multiple representatives , one for each undertaking part of that group. different instruments adopted within the scope of title v , chapter 4 , of the treaty on the functioning of the european union apply in the relationships between member states when gathering evidence in criminal proceedings. as a consequence of this ‘variable geometry’ that exists in the common area of criminal law , there is a need to ensure that the directive does not facilitate the creation of further disparities or obstacles to the provision of services in the internal market by allowing service providers offering services on their territory to designate legal representatives within member states that do not take part in relevant legal instruments , which would fall short of addressing the problem. therefore , at least one representative should be designated in a member state that participates in the relevant union legal instruments to avoid the risk of weakening the effectiveness of the designation provided for in this directive and to make use of the synergies of having a legal representative for the receipt of , compliance with and enforcement of decisions and orders issued in the context of gathering evidence in criminal proceedings , including under the [regulation] , directive 2014/41/eu1a or the 2000 mutual legal assistance convention. in addition , designating a legal representative , which could also be utilised to ensure compliance with national legal obligations , makes use of the synergies of having a clear point of access to address the service providers for the purpose of gathering evidence in criminal matters.


### (16) the service providers most relevant for gathering evidence in criminal proceedings are providers of electronic communications services and specific providers of information society services that facilitate interaction between users. thus , both groups should be covered by this directive. providers of electronic communication services are defined in the proposal for a directive establishing the european electronic communications code. they include inter-personal communications such as voice-over-ip , instant messaging and e-mail services. the categories of information society services included here are those for which the storage of data is a defining component of the service provided to the user , and refer in particular to social networks to the extent they do not qualify as electronic communications services , online marketplaces facilitating transactions between their users (such as consumers or businesses)and other hosting services , including where the service is provided via cloud computing. information society services for which the storage of data is not a defining component , and for which it is only of an ancillary nature , such as legal , architectural , engineering and accounting services provided online at distance , should be excluded from the scope of this directive , even where they may fall within the definition of information society services as per directive (eu) 2015/1535. ### (16) the service providers most relevant for gathering evidence in criminal proceedings are providers of electronic communications services and specific providers of information society services that facilitate interaction between users. thus , both groups should be covered by this directive. providers of electronic communication services are defined in directive 2018/19721a ('european electronic communications code'). they include inter-personal communications such as voice-over-ip , instant messaging and e-mail services. the categories of information society services included here are those for which the storage of data is a defining component of the service provided to the user , and refer in particular to social networks to the extent they do not qualify as electronic communications services , online marketplaces facilitating transactions between their users (such as consumers or businesses)and other hosting services , including where the service is provided via cloud computing. information society services for which the storage of data is not a defining component , and for which it is only of an ancillary nature , such as legal , architectural , engineering and accounting services provided online at distance , should be excluded from the scope of this directive , even where they may fall within the definition of information society services as per directive (eu) 2015/1535.