### 24. notes the announcement by interpol’s secretary-general that it would implement enhanced monitoring measures to identify and prevent further abuse of interpol’s systems by russia; remains concerned , however , that monitoring alone will not fully mitigate the risks of russian abuse; stresses , therefore , that given the current special circumstances interpol should take immediate and firm measures to exclude the russian federation from the organisation; ### 24. notes the announcement by interpol’s secretary-general that it would implement enhanced monitoring measures to identify and prevent further abuse of interpol’s systems by russia; remains concerned , however , that monitoring alone will not fully mitigate the risks of russian abuse; stresses , therefore , that given the current special circumstances the russian federation should immediately be excluded from interpol;


### 25. recommends providing for the possibility of suspending or terminating the agreement in cases of breaches of its provisions on personal data by one of the parties , specifying that personal data falling within the scope of the agreement transferred prior to its suspension or termination may continue to be processed in accordance with the terms of the agreement; ### 25. recommends providing for the possibility of suspending or terminating the agreement in cases of breaches of its provisions , notably those on personal data by one of the parties , specifying that personal data falling within the scope of the agreement transferred prior to its suspension or termination may continue to be processed in accordance with the terms of the agreement;


### (7) to combat terrorism effectively , efficient exchange of information for investigation or prosecution of terrorist offences between competent authorities and union agencies is crucial. it is essential to have the most complete and updated information possible. the persistence of the terrorist threat and the complexity of the phenomenon raise the need for an ever greater exchange of information. ### (7) to combat terrorism effectively , efficient exchange of information for investigation or prosecution of terrorist offences between competent authorities and union agencies is crucial. it is essential to have the most complete and updated information possible and to systematically share that information using a common structure. the persistence of the terrorist threat and the complexity of the phenomenon raise the need for an ever greater exchange of information.


### (8) as terrorist organisations are increasingly involved in other forms of serious crimes , such as trafficking in human beings , drug trafficking or money laundering , it is also necessary to cross-check judicial proceedings against such serious crimes. ### (8) as terrorist organisations are increasingly involved in other forms of serious and organised crime , such as trafficking in human beings , drug trafficking or money laundering , it is also necessary to cross-check judicial proceedings against such serious crimes.


### (12) for the identification of cross-links between terrorism investigations and judicial proceedings against suspects of terrorist offences , reliable identification data is crucial. due to the uncertainties regarding alphanumerical data especially for third country nationals , it should be possible to exchange biometric data. due to the sensitive nature of biometric data and the impact processing of biometric data has on the respect for private and family life and the protection of personal data , as enshrined in articles 7 and 8 of the charter of fundamental rights of the european union , a strict necessity test should be applied by the competent authorities and eurojust in each case. ### (12) the exchange of reliable identification data is crucial for the identification of cross-links between terrorism investigations and judicial proceedings against suspects of terrorist offences. the use of biometric data is therefore vital due to the uncertainties regarding alphanumerical data especially for third country nationals , the use of fake and double identities by suspects as well as the fact that such data often are the only link to the suspects in the investigative phase. member states should therefore provide such information in cases where the national judicial authorities have access to it. due to the sensitive nature of biometric data , a strict purpose limitation should be put in place with regard to such data by the competent authorities and eurojust.


### (13) as information about existing cross-links to other judicial proceedings is most useful at an early stage of the investigation , it is necessary that the competent authorities provide information to eurojust as soon as judicial authorities are involved. if the competent national authorities are already aware of cross-links , they should inform eurojust accordingly. ### (13) as information about existing cross-links to other judicial proceedings is most useful at an early stage of the investigation , it is necessary that the competent authorities provide information to eurojust as soon as the case is referred to a judicial authority , in accordance with national law. if the competent national authorities are already aware of cross-links , they should inform eurojust accordingly.


### (15) given the sensitive nature of judicial proceedings against suspects of terrorist offences , it is not always possible for the competent national authorities to share the information on terrorist offences at the earliest stage. such derogations from the obligation to provide information should remain an exception. ### (15) given the sensitive nature of judicial proceedings against suspects of terrorist offences , it is not always possible for the competent national authorities to share the information on terrorist offences at the earliest stage. such derogations from the obligation to provide information should only be applied in strictly exceptional situations.


### (21) terrorist activities often affect two or more member states. terrorism already had a strong transnational component in the past. however , with the use and availability of electronic communication , transnational collaboration between terrorist offenders has increased significantly. therefore , terrorist offences should be considered per se transnational in their nature , if the specific circumstances of the case do not clearly indicate a purely national character. ### (21) terrorist activities very often affect two or more member states. terrorism already had a strong transnational component in the past. however , with the use and availability of electronic communication , transnational collaboration between terrorist offenders has increased significantly. therefore , terrorist offences should be considered per se transnational in their nature , if the specific circumstances of the case do not clearly indicate a purely national character.


### (22) investigations and prosecutions in terrorism cases are often impeded by the lack of information exchange between national investigation and prosecution authorities. in order to be able to cross check new terrorist investigations also with previous investigations and establish potential links , it is necessary to store the data on any previous investigations , not only on convictions and to extend the time limits for storing data in the european judicial counter-terrorism register. however , it is necessary to ensure that such data is processed for prosecution purposes only. the information may not be used for anything else but identifying links with ongoing investigations and prosecutions and for the support of those investigations and prosecutions. ### (22) investigations and prosecutions in terrorism cases are often impeded by the lack of information exchange between national investigation and prosecution authorities. it is therefore necessary to extend the time limits for storing data in the european judicial counter-terrorism register. in addition , the possibility to cross-check new terrorist investigations also with previous investigations could establish potential links and entail the need for cooperation. such cross-checking might reveal that a person suspected or prosecuted in an ongoing case in a member state was suspected or prosecuted in a concluded case in another member state. it might also establish links between ongoing investigations or prosecutions which could have been hidden otherwise. this is the case even where previous investigations ended in an acquittal or in a final decision not to prosecute. it is therefore necessary to store the data on any previous investigations , not only on convictions. however , it is necessary to ensure that such data is processed for prosecution purposes only. the information may not be used for anything else but identifying links with ongoing investigations and prosecutions and for the support of those investigations and prosecutions.


### 1. the competent national authorities shall inform their national members of any ongoing or concluded criminal investigations supervised by judicial authorities , prosecutions , court proceedings and court decisions on terrorist offences as soon as judicial authorities are involved. ### 1. the competent national authorities shall inform their national members of any ongoing or concluded criminal investigations supervised by judicial authorities , prosecutions , court proceedings and court decisions on terrorist offences as soon as the case is referred to the judicial authorities , in accordance with national law. that obligation shall apply to all criminal investigations related to terrorist offences regardless of whether there is a known link to another member state or a third country , unless the criminal investigation , due to its specific circumstances , clearly affects only one member state.


### 2. terrorist offences for the purpose of this article are offences referred to in directive (eu) 2017/541 of the european parliament and of the council*. the obligation referred to in paragraph 1 shall apply to all terrorist offences regardless whether there is a known link to another member state or third country , unless the case , due to its specific circumstances , clearly affects only one member state. ### 2. terrorist offences for the purpose of this article are offences referred to in directive (eu) 2017/541 of the european parliament and of the council*.


### 3. the information transmitted in accordance with paragraph 1 shall include the operational personal data and non-personal data listed in annex iii. ### 3. the information transmitted in accordance with paragraph 1 shall include the operational personal data and non-personal data listed in annex iii the competent national authorities have access to. in case of personal data referred to in annex iii , point d , however , that data shall only be transmitted if the transmission is necessary to reliably identify a person referred to in article 27(5).


### 5. paragraph 1 shall not apply where the sharing of information would jeopardise current investigations or the safety of an individual , or when it would be contrary to essential interests of the security of the member state concerned. ### deleted


### 1. the communication between the competent national authorities and eurojust under this regulation shall be carried out through the decentralised it system as defined in regulation (eu) [.../…] of the european parliament and of the council* [regulation on the digitalisation of judicial cooperation]. ### 1. the communication between the competent national authorities and eurojust under this regulation shall be carried out through the decentralised it system as defined in regulation (eu) [.../…] of the european parliament and of the council* [regulation on the digitalisation of judicial cooperation]. the case management system referred to in article 23 of this regulation shall be connected to the decentralised it system.


### 3. the competent national authorities shall transmit the information in accordance with articles 21 and 21a to eurojust in a semi-automated manner from national registers and in a structured way determined by eurojust. ### 3. the competent national authorities shall transmit the information in accordance with articles 21 and 21a to eurojust in a semi-automated manner from national registers and in a structured way determined by the commission , in consultation with eurojust , by means of an implementing act , pursuant to articles 22b and 22c.


### the national members may , however , temporarily store and analyse personal data for the purpose of determining whether such data are relevant to eurojust’s tasks and can be included in the operational data management system. that data may be held for up to three months. ### the national members may , however , temporarily store and analyse personal data for the purpose of determining whether such data are relevant to eurojust’s tasks and can be included in the case management system. that data may be held for up to three months.


### 3. the national member shall indicate , in general or specific terms , any restrictions on the further handling , access and transfer of the information if a cross-link referred to in article 23(2) , point (c) , has been identified. ### 3. the national member shall also indicate , in general or specific terms , any restrictions on the further handling , access and transfer of the information if a cross-link referred to in article 23(2) , point (c) , has been identified.


### eurojust may continue to process the operational personal data referred to in point (a) of the first subparagraph also after the proceedings have been concluded under the national law of the member state concerned , even in case of an acquittal. where the proceedings did not result in a conviction , processing of personal data may only take place in order to identify links with other ongoing or concluded investigations and prosecutions as referred to in article 23(2) , point (c).; ### furthermore , eurojust may continue to process the operational personal data related to an acquitted person in order to identify cross-links between proceedings concluded by an acquittal , on the one hand , and other ongoing or future investigations or prosecutions , on the other hand. that also applies to operational personal data related to a person who has been the subject of a final decision of non-prosecution.


### 5 years after the date on which the judicial decision of the last of the member states concerned by the investigation or prosecution became final , 3 years in case of an acquittal.; ### 6 years after the date on which the judicial decision of the last of the member states concerned by the investigation or prosecution became final , 4 years in case of an acquittal or a final decision of non-prosecution;


### (2) easy access to data is important in order for decision makers in the economy and society to make sound decisions that serve the efficient functioning of the market. rolling out common european data spaces in crucial sectors , including the financial sector , would serve that purpose. the financial sector is undergoing a digital transformation , which is expected to continue in the coming years , and the union should support that transformation , in particular by promoting data-driven finance. furthermore , putting sustainable finance at the heart of the financial system is a key means to achieving a green transition of the economy of the union. for the green transition to succeed through sustainable finance , it is essential that information related to the sustainability of businesses is easily accessible to investors so that they are better informed when making decisions about investments. for those purposes , public access to entities’ information such as companies , businesses , financial institutions , financial and non-financial information needs to be improved. an efficient means to do so at union level is to establish a centralised platform , a european single access point (“esap”) , giving electronic access to all relevant information. ### (2) easy access to data is important in order for decision makers in the economy and society to make sound decisions that serve the efficient functioning of the market. rolling out common european data spaces in certain crucial sectors , including the financial sector , would serve that purpose. the financial sector is undergoing a digital transformation , which is expected to continue in the coming years , and the union should support that transformation , in particular by promoting data-driven finance. furthermore , putting sustainable finance at the heart of the financial system is a key means to achieving a green transition of the economy of the union , ensuring that no individuals or places are left behind. for the green transition to succeed through sustainable finance , it is essential that information related to the sustainability of businesses is easily accessible to investors so that they are better informed when making decisions about investments. for those purposes , public access to the information of certain categories of entity , such as companies , businesses , financial institutions , financial and non-financial information needs to be improved. an efficient means to do so at union level is to establish a centralised platform , a european single access point ('esap') , giving electronic access to all relevant information , to be made available in accordance with all eu legal provisions.


### (2) easy access to data is important in order for decision makers in the economy and society to make sound decisions that serve the efficient functioning of the market. rolling out common european data spaces in crucial sectors , including the financial sector , would serve that purpose. the financial sector is undergoing a digital transformation , which is expected to continue in the coming years , and the union should support that transformation , in particular by promoting data-driven finance. furthermore , putting sustainable finance at the heart of the financial system is a key means to achieving a green transition of the economy of the union. for the green transition to succeed through sustainable finance , it is essential that information related to the sustainability of businesses is easily accessible to investors so that they are better informed when making decisions about investments. for those purposes , public access to entities’ information such as companies , businesses , financial institutions , financial and non-financial information needs to be improved. an efficient means to do so at union level is to establish a centralised platform , a european single access point (“esap”) , giving electronic access to all relevant information. ### (2) easy access to data is important in order for decision makers in the economy and society to make sound decisions that serve the efficient functioning of the market. rolling out common european data spaces in crucial sectors , including the financial sector , would serve that purpose. the financial sector is undergoing a digital transformation , which is expected to continue in the coming years , and the union should support that transformation , in particular by promoting data-driven finance. ensuring easier access to public information is also crucial to increasing opportunities for small and medium-business growth , visibility , and innovation. this includes easier access to voluntary information. furthermore , putting sustainable finance at the heart of the financial system is a key means to achieving a green transition of the economy of the union. for the green transition to succeed through sustainable finance , it is essential that information related to the sustainability of businesses is easily accessible to investors so that they are better informed when making decisions about investments. for those purposes , public access to entities’ information such as companies , businesses , financial institutions , financial and non-financial information needs to be improved. an efficient means to do so at union level is to establish a centralised platform , a european single access point (“esap”) , giving electronic access to all relevant information.


### (5) apart from the information in relation to financial services , capital markets and sustainability that has to be made public under union law , investors , market participants , advisors and the public at large may have an interest in obtaining other information that an entity wants to make accessible. small and medium-sized enterprises may want to make more information publicly accessible in order to become more visible to potential investors and thereby increase funding and diversify funding opportunities. also , market participants may want to provide more information than that required by law or to make public the information required by national law but not available at union level in order to complement the information provided to the public at the union level. any entity should therefore be allowed to make financial , sustainability-related and other relevant information accessible on esap. pursuant to the principle of data minimisation , entities should ensure that no personal data are included , except where those data constitute a necessary element of the information about their economic activities , including when the name of the entity coincides with the name of the owner. where such information contains personal data , the entities should ensure that they can rely for such disclosure on one of the lawful grounds of processing laid down in article 6 of regulation (eu) 2016/679 of the european parliament and of the council26 . ### (5) apart from the information in relation to financial services , capital markets and sustainability that has to be made public under union law , investors , market participants , advisors and the public at large may have an interest in obtaining other information that an entity wants to make accessible. small and medium-sized enterprises may want to make more information publicly accessible in order to become more visible to potential investors and thereby increase funding and diversify funding opportunities. also , market participants may want to provide more information than that required by law or to make public the information required by national law but not available at union level in order to complement the information provided to the public at the union level. any entity should therefore be allowed to make financial , sustainability-related and other relevant information accessible on esap. entities that wish to make information accessible on esap should be responsible for its quality , completeness , and accuracy. information should be submitted in good faith and reflect the true state of affairs. pursuant to the principle of data minimisation , entities should ensure that no personal data are included , except where those data constitute a necessary element of the information about their economic activities , including when the name of the entity coincides with the name of the owner. where such information contains personal data , the entities should ensure that they can rely for such disclosure on one of the lawful grounds of processing laid down in article 6 of regulation (eu) 2016/679 of the european parliament and of the council26 .


### (5) apart from the information in relation to financial services , capital markets and sustainability that has to be made public under union law , investors , market participants , advisors and the public at large may have an interest in obtaining other information that an entity wants to make accessible. small and medium-sized enterprises may want to make more information publicly accessible in order to become more visible to potential investors and thereby increase funding and diversify funding opportunities. also , market participants may want to provide more information than that required by law or to make public the information required by national law but not available at union level in order to complement the information provided to the public at the union level. any entity should therefore be allowed to make financial , sustainability-related and other relevant information accessible on esap. pursuant to the principle of data minimisation , entities should ensure that no personal data are included , except where those data constitute a necessary element of the information about their economic activities , including when the name of the entity coincides with the name of the owner. where such information contains personal data , the entities should ensure that they can rely for such disclosure on one of the lawful grounds of processing laid down in article 6 of regulation (eu) 2016/679 of the european parliament and of the council26. ### (5) apart from the information in relation to financial services , capital markets and sustainability that has to be made public under union law , investors , market participants , advisors and the public at large may have an interest in obtaining other information that an entity wants to make accessible on a voluntary basis. small and medium-sized enterprises may want to make more information publicly accessible in order to become more visible to potential investors and thereby increase funding and diversify funding opportunities. also , market participants may want to provide more information than that required by law or to make public the information required by national law but not available at union level in order to complement the information provided to the public at the union level. any entity should therefore be allowed to make financial , sustainability-related and other relevant information accessible on esap , provided that it does not lead to any competitive imbalance or disadvantage on the internal market. pursuant to the principle of data minimisation , entities should ensure that no personal data are included , except where those data constitute a necessary element of the information about their economic activities , including when the name of the entity coincides with the name of the owner. where such information contains personal data , the entities should ensure that they can rely for such disclosure on one of the lawful grounds of processing laid down in article 6 of regulation (eu) 2016/679 of the european parliament and of the council26.


### (5) apart from the information in relation to financial services , capital markets and sustainability that has to be made public under union law , investors , market participants , advisors and the public at large may have an interest in obtaining other information that an entity wants to make accessible. small and medium-sized enterprises may want to make more information publicly accessible in order to become more visible to potential investors and thereby increase funding and diversify funding opportunities. also , market participants may want to provide more information than that required by law or to make public the information required by national law but not available at union level in order to complement the information provided to the public at the union level. any entity should therefore be allowed to make financial , sustainability-related and other relevant information accessible on esap. pursuant to the principle of data minimisation , entities should ensure that no personal data are included , except where those data constitute a necessary element of the information about their economic activities , including when the name of the entity coincides with the name of the owner. where such information contains personal data , the entities should ensure that they can rely for such disclosure on one of the lawful grounds of processing laid down in article 6 of regulation (eu) 2016/679 of the european parliament and of the council26 . ### (5) apart from the information in relation to financial services , capital markets and sustainability that has to be made public under union law , investors , market participants , advisors and the public at large may have an interest in obtaining other information that an entity wants to make accessible. small and medium-sized enterprises may want to make more information publicly accessible in order to become more visible to potential investors and thereby increase funding and diversify funding opportunities. also , market participants may want to provide more information than that required by law or to make public the information required by national law but not available at union level in order to complement the information provided to the public at the union level. any entity should therefore be allowed to make financial , sustainability-related and other relevant information accessible on esap. such voluntary information should be clearly identified. furthermore , the requirement for additional metadata should be well-founded and kept to a minimum so as not to disincentivise voluntary submissions. pursuant to the principle of data minimisation , entities should ensure that no personal data are included , except where those data constitute a necessary element of the information about their economic activities , including when the name of the entity coincides with the name of the owner. where such information contains personal data , the entities should ensure that they can rely for such disclosure on one of the lawful grounds of processing laid down in article 6 of regulation (eu) 2016/679 of the european parliament and of the council26 .


### (10) re-using information that is available on esap can improve the functioning of the internal market and promote the development of new services that combine and make use of such information. it is therefore necessary , where justified on grounds of a public interest objective , to allow re-use of the information that is available on esap for purposes other than the purposes for which the information was drawn up. however , the use and re-use of that information should be subject to objective , proportionate and non-discriminatory conditions. for that purpose , conditions corresponding to those laid down in open , standard licences within the meaning of directive (eu) 2019/1024 of the european parliament and of the council27should apply. the licensing terms of those standard licences should allow for data and content to be freely accessible , used , modified and shared by anyone for any purpose. esma should bear no liability for the use and re-use of information accessible on esap. the submission of information by the collection bodies should either not be subject to conditions or be subject to an open standard licence enabling the licensing terms applying for information accessible in the esap. ### (10) re-using information that is available on esap can improve the functioning of the internal market and promote the development of new services that combine and make use of such information. it may therefore be necessary , where justified on grounds of a public interest objective and for a specified period , to allow re-use of the information that is available on esap for purposes other than the purposes for which the information was drawn up. however , the use and re-use of that information should be subject to objective , well justified , proportionate and non-discriminatory conditions. for that purpose , conditions corresponding to those laid down in open , standard licences within the meaning of directive (eu) 2019/1024 of the european parliament and of the council27 should apply. the licensing terms of those standard licences should allow for data and content to be freely accessible , used , modified and shared by anyone for any purpose. esma should bear no liability for the use and re-use of information accessible on esap. the submission of information by the collection bodies should either not be subject to conditions or be subject to an open standard licence enabling the licensing terms applying for information accessible in the esap.


### (10) re-using information that is available on esap can improve the functioning of the internal market and promote the development of new services that combine and make use of such information. it is therefore necessary , where justified on grounds of a public interest objective , to allow re-use of the information that is available on esap for purposes other than the purposes for which the information was drawn up. however , the use and re-use of that information should be subject to objective , proportionate and non-discriminatory conditions. for that purpose , conditions corresponding to those laid down in open , standard licences within the meaning of directive (eu) 2019/1024 of the european parliament and of the council27 should apply. the licensing terms of those standard licences should allow for data and content to be freely accessible , used , modified and shared by anyone for any purpose. esma should bear no liability for the use and re-use of information accessible on esap. the submission of information by the collection bodies should either not be subject to conditions or be subject to an open standard licence enabling the licensing terms applying for information accessible in the esap. ### (10) re-using information that is available on esap can improve the functioning of the internal market and promote the development of new services that combine and make use of such information. it is therefore necessary , where justified on grounds of a public interest objective , to allow re-use of the information that is available on esap for purposes other than the purposes for which the information was drawn up. however , the use and re-use of that information should be subject to objective , proportionate and non-discriminatory conditions. for that purpose , conditions corresponding to those laid down in open , standard licences within the meaning of directive (eu) 2019/1024 of the european parliament and of the council27 should apply. the licensing terms of those standard licences should allow for data and content to be freely accessible , used , modified and shared by anyone for any purpose. esma should bear no liability for the use and re-use of information accessible on esap. the submission of information by the collection bodies should either not be subject to conditions or be subject to an open standard licence enabling the licensing terms applying for information accessible in the esap. automated validations performed by collection bodies shall not concern the content of the information.


### (16) in order for the information to be comparable over time , users should have access to past information. it is therefore necessary to require esap to provide access to information for a reasonable period of time , to the extent compatible with other applicable provisions of union law. for that purpose , esma should ensure that no personal data are made accessible for longer than necessary as provided for under union law. in order to enable esma and the collection bodies to prepare the operation of esap , esap should only provide access to the information submitted as from 1 january 2024. ### (16) in order for the information to be comparable over time , users should have access to past information. it is therefore necessary to require esap to provide access to information for a reasonable period of time , to the extent compatible with other applicable provisions of union law. for that purpose , esma should ensure that no personal data are made accessible for longer than necessary as provided for under union law. in order to enable esma and the collection bodies to prepare the operation of esap , esap should only provide access to the information submitted as from 1 january 2025.


### 2. esap shall not provide access to information submitted before 1 january 2024. ### 2. esap shall not provide access to information submitted before 1 january 2025.


### 1. any natural or legal person may submit to a collection body the information referred to in article 1(1) , point (b) to make that information accessible on esap. when submitting that information , the natural or legal person shall: ### 1. any natural or legal person may submit to a collection body the information referred to in article 1(1) , point (b) to make that information accessible on esap upon its establishment. each member state shall designate at least one collection body for the collection of information submitted on a voluntary basis. when submitting that information , the natural or legal person shall:


### ensure that the information referred to in article 1(1) remains available to esap for at least 10 years , unless stated otherwise in the legal acts referred to in article 1(1) , point (a). personal data in the information submitted pursuant to article 1(1) shall not be retained and made available for longer than 5 years , unless stated otherwise in the legal acts referred to in article 1(1) , point (a). ### provide the information referred to in article 1(1) so that it remains available to esap for at least 10 years , unless stated otherwise in the legal acts referred to in article 1(1) , point (a). personal data in the information submitted pursuant to article 1(1) shall not be retained and made available for longer than 5 years , unless stated otherwise in the legal acts referred to in article 1(1) , point (a).


### 4. entities shall ensure the accuracy of the information they submit to the collection bodies. ### 4. entities shall ensure the accuracy of the information they submit to the collection bodies and comply fully with all eu legislation.


### 4. entities shall ensure the accuracy of the information they submit to the collection bodies. ### 4. entities shall ensure the quality , completeness and accuracy of the information they submit to the collection bodies.


### 4. for the purposes of paragraph 2 , second subparagraph , esma may develop draft implementing technical standards to determine the nature and extent of the specific services for which fees may be charged and to determine the associated fee structure. ### 4. for the purposes of paragraph 2 , second subparagraph , esma shall develop draft implementing technical standards to determine the nature and extent of the specific services for which fees may be charged and to determine the associated fee structure.


### by [po , please insert a date 5 years after the entry into force of this regulation] , the commission shall review the functioning of esap and assess its effectiveness. the commission shall report to the european parliament and to the council on the results of this review. ### by [po , please insert a date 5 years after the entry into force of this regulation] , the commission shall review the functioning of esap and assess its effectiveness. if the report reveals operational difficulties from either the reporting entities , collection bodies or esma , the commission shall take appropriate action , including by adopting a delegated act to rectify the matter(s) , and including any changes to the scope of information required for submission until the matter(s) is resolved. the commission shall report to the european parliament and to the council on the results of this review.


### (3) esap should provide the public with an easy centralised access to information about entities and their products that is made public in relation to financial services , capital markets and sustainability. esap should also provide access to information relevant to financial services and capital markets that is made public on a voluntary basis by any entity governed by the law of a member state , where such entity chooses to make that information accessible on esap. as presented in the digital finance strategy , esap should be established as from 2024. ### (3) esap should provide the public with an easy centralised access to information about entities and their products that is made public in relation to financial services , capital markets and sustainability. esap should also provide access to information relevant to financial services and capital markets that is made public on a voluntary basis by any entity governed by the law of a member state , where such entity chooses to make that information accessible on esap. the public shall be able to , at any time , distinguish the information provided on a voluntary basis from the information collected on a mandatory basis. as presented in the digital finance strategy , esap should be established as from 2024.


### (3) esap should provide the public with an easy centralised access to information about entities and their products that is made public in relation to financial services , capital markets and sustainability. esap should also provide access to information relevant to financial services and capital markets that is made public on a voluntary basis by any entity governed by the law of a member state , where such entity chooses to make that information accessible on esap. as presented in the digital finance strategy , esap should be established as from 2024. ### (3) esap should provide the public with an easy centralised access to information about entities and their products that is made public in relation to financial services , capital markets and sustainability , without , however , jeopardising the commercial status of the entities concerned. esap should also provide access to information relevant to financial services and capital markets that is made public on a voluntary basis by any entity governed by the law of a member state , where such entity chooses to make that information accessible on esap. as presented in the digital finance strategy , esap should be established as from 2024.


### (3) esap should provide the public with an easy centralised access to information about entities and their products that is made public in relation to financial services , capital markets and sustainability. esap should also provide access to information relevant to financial services and capital markets that is made public on a voluntary basis by any entity governed by the law of a member state , where such entity chooses to make that information accessible on esap. as presented in the digital finance strategy , esap should be established as from 2024. ### (3) esap should provide the public with an easy centralised access to information about entities and their products that is made public in relation to financial services , capital markets and sustainability , according to a file-once principle and without entailing any additional reporting requirements beyond those specified by law. esap should also provide access to information relevant to financial services and capital markets that is made public on a voluntary basis by any entity governed by the law of a member state , where such entity chooses to make that information accessible on esap. as presented in the digital finance strategy , esap should be established as from 2024.


### (3) esap should provide the public with an easy centralised access to information about entities and their products that is made public in relation to financial services , capital markets and sustainability. esap should also provide access to information relevant to financial services and capital markets that is made public on a voluntary basis by any entity governed by the law of a member state , where such entity chooses to make that information accessible on esap. as presented in the digital finance strategy , esap should be established as from 2024. ### (3) esap should provide the public with an easy centralised access to information about entities and their products that is made public in relation to financial services , capital markets and sustainability. esap should also provide access to information relevant to financial services and capital markets that is made public on a voluntary basis by any entity governed by the law of a member state , where such entity chooses to make that information accessible on esap. as presented in the digital finance strategy , esap should be established as from 2025.


### (4) the information to be made publicly accessible on esap should be collected by collection bodies designated for the purpose of collecting the information that the entities are under an obligation to make public. in order to ensure the efficient functioning of esap , the collection bodies should make the information available to esap in automated ways through a single application programming interface. for the information to be digitally usable , entities should make such information available in a data extractable format or , where required by union law , in a machine-readable format. compared to data extractable formats , machine-readable formats are file formats structured so that software applications can easily identify , recognise and extract specific data , including individual statements of fact , and their internal structure. to ensure that entities submit the information in the correct format and to address possible technical issues encountered by the entities , the collection bodies should provide assistance to those entities. ### (4) the information to be made publicly accessible on esap should be collected by collection bodies designated for the purpose of collecting the information that the entities are under an obligation to make public. in order to ensure the efficient functioning of esap , the collection bodies should make the information available to esap in automated ways through a single application programming interface. where possible , and subject to the decision of the relevant member state , collection bodies designated for the purpose of collecting information that the entities are obliged to publicly disclose , should also be entrusted with collecting voluntary submissions of information. for the information to be digitally usable , entities should make such information available in a data extractable format or , where required by union law , in a machine-readable format. compared to data extractable formats , machine-readable formats are file formats structured so that software applications can easily identify , recognise and extract specific data , including individual statements of fact , and their internal structure. to ensure that entities submit the information in the correct format and to address possible technical issues encountered by the entities , the collection bodies should provide assistance to those entities.


### (4) the information to be made publicly accessible on esap should be collected by collection bodies designated for the purpose of collecting the information that the entities are under an obligation to make public. in order to ensure the efficient functioning of esap , the collection bodies should make the information available to esap in automated ways through a single application programming interface. for the information to be digitally usable , entities should make such information available in a data extractable format or , where required by union law , in a machine-readable format. compared to data extractable formats , machine-readable formats are file formats structured so that software applications can easily identify , recognise and extract specific data , including individual statements of fact , and their internal structure. to ensure that entities submit the information in the correct format and to address possible technical issues encountered by the entities , the collection bodies should provide assistance to those entities. ### (4) the information to be made publicly accessible on esap should be collected by collection bodies designated for the purpose of collecting the information that the entities are under an obligation to make public. in order to ensure the efficient functioning of esap , the collection bodies should make the information available to esap in automated ways through a single application programming interface. for the information to be digitally usable , entities should make such information available in a data extractable format or , where required by union law , in a machine-readable format. compared to data extractable formats , machine-readable formats are file formats structured so that software applications can easily identify , recognise and extract specific data , including individual statements of fact , and their internal structure. to ensure that entities submit the information in the correct format and to address possible technical issues or additional administrative or financial matters encountered by the entities , the collection bodies should provide assistance to those entities.


### (4) the information to be made publicly accessible on esap should be collected by collection bodies designated for the purpose of collecting the information that the entities are under an obligation to make public. in order to ensure the efficient functioning of esap , the collection bodies should make the information available to esap in automated ways through a single application programming interface. for the information to be digitally usable , entities should make such information available in a data extractable format or , where required by union law , in a machine-readable format. compared to data extractable formats , machine-readable formats are file formats structured so that software applications can easily identify , recognise and extract specific data , including individual statements of fact , and their internal structure. to ensure that entities submit the information in the correct format and to address possible technical issues encountered by the entities , the collection bodies should provide assistance to those entities. ### (4) the information to be made publicly accessible on esap should be collected by collection bodies designated by the member states for the purpose of collecting the information that the entities are under an obligation to make public. collection bodies should not be required to build new systems where existing mechanisms are available. in order to ensure the efficient functioning of esap , the collection bodies should make the information available to esap in automated ways through a single application programming interface. for the information to be digitally usable , entities should make such information available in a data extractable format or , where required by union law , in a machine-readable format. compared to data extractable formats , machine-readable formats are file formats structured so that software applications can easily identify , recognise and extract specific data , including individual statements of fact , and their internal structure. to ensure that entities submit the information in the correct format and to address possible technical issues encountered by the entities , the collection bodies should provide assistance to those entities.


### (12) esap should provide users with access to information for free and without discrimination and should make it possible for those users to search , access and download the information through esap. however , taking into account the need to protect esma from an excessive financial burden in relation to costs incurred for serving the needs of intensive users , if any , esma should have the ability to generate revenues. therefore , by way of derogation from the principle that information should be accessible free of charge , esma should be allowed to impose fees for those specific services , including for services with high maintenance costs due to searches for very large volumes of information or to frequent access to esap. any fees imposed should , however , not exceed the cost of the service provided. ### (12) esap should provide users with access to information for free and without discrimination and should make it possible for those users to search , access and download the information through esap.


### (12) esap should provide users with access to information for free and without discrimination and should make it possible for those users to search , access and download the information through esap. however , taking into account the need to protect esma from an excessive financial burden in relation to costs incurred for serving the needs of intensive users , if any , esma should have the ability to generate revenues. therefore , by way of derogation from the principle that information should be accessible free of charge , esma should be allowed to impose fees for those specific services , including for services with high maintenance costs due to searches for very large volumes of information or to frequent access to esap. any fees imposed should , however , not exceed the cost of the service provided. ### (12) esap should provide users with access to information for free and without discrimination and should make it possible for those users to search , access and download the information through esap. however , taking into account the need to protect esma from an excessive financial burden in relation to costs incurred for serving the needs of intensive users , if any , esma should have the ability to generate revenues. therefore , by way of derogation from the principle that information should be accessible free of charge , esma should be allowed to impose fees for those specific services. any fees imposed should , however , not exceed the cost of the service provided and should not apply to entities which make use of information provided by esap to fulfil regulatory obligations or for educational purposes.


### (17) to ensure a smooth processing of the information received or drawn-up by the collection bodies and made available to esap , it is necessary to lay down certain requirements specifying the format and the metadata of that information and which collection bodies should collect such information. in order to ensure the quality of the information submitted to esap by the collection bodies , it is also necessary to define the characteristics of the automated validations to be carried out on each information reaching the collection bodies , and the characteristics of the qualified electronic seal to be attached to that information by the entities. to ensure the use and re-use of data on esap , a list of the designated open standard licences would need to be defined. to facilitate the searching , finding , retrieving of the data in a timely manner , the characteristics of the application programming interface and the metadata to be implemented will also need to be designed. additional requirements as regards efficient search functions will need to be implemented such as the specific legal entity identifier , the classification of the type of information , and the categories of the size of the entities. to that purpose , the joint committee of the european supervisory authorities should develop draft implementing technical standards. additionally , esma might develop draft implementing technical standards to determine the nature and extent of the specific services for which fees may be charged and the associated fee structure. the commission should be empowered to adopt those implementing technical standards by means of implementing acts pursuant to article 291 tfeu and in accordance with article 15 of regulation (eu) no 1093/2010 of the european parliament and of the council30 , no 1094/2010 of the european parliament and of the council31 and no 1095/2010 of the european parliament and of the council32 . ### (17) to ensure a smooth processing of the information received or drawn-up by the collection bodies and made available to esap , it is necessary to lay down certain requirements specifying the format and the metadata of that information and which collection bodies should collect such information. in order to ensure the quality of the information submitted to esap by the collection bodies , it is also necessary to define the characteristics of the automated validations to be carried out on each information reaching the collection bodies , and the characteristics of the qualified electronic seal to be attached to that information by the entities. to ensure the use and re-use of data on esap , a list of the designated open standard licences would need to be defined. to facilitate the searching , finding , retrieving of the data in a timely manner , the characteristics of the application programming interface and the metadata to be implemented will also need to be designed. additional requirements as regards efficient search functions will need to be implemented such as the specific legal entity identifier , the classification of the type of information , and the categories of the size of the entities. to that purpose , the joint committee of the european supervisory authorities should develop draft implementing technical standards. the commission should be empowered to adopt those implementing technical standards by means of implementing acts pursuant to article 291 tfeu and in accordance with article 15 of regulation (eu) no 1093/2010 of the european parliament and of the council30 , no 1094/2010 of the european parliament and of the council31 and no 1095/2010 of the european parliament and of the council32 .


### (17) to ensure a smooth processing of the information received or drawn-up by the collection bodies and made available to esap , it is necessary to lay down certain requirements specifying the format and the metadata of that information and which collection bodies should collect such information. in order to ensure the quality of the information submitted to esap by the collection bodies , it is also necessary to define the characteristics of the automated validations to be carried out on each information reaching the collection bodies , and the characteristics of the qualified electronic seal to be attached to that information by the entities. to ensure the use and re-use of data on esap , a list of the designated open standard licences would need to be defined. to facilitate the searching , finding , retrieving of the data in a timely manner , the characteristics of the application programming interface and the metadata to be implemented will also need to be designed. additional requirements as regards efficient search functions will need to be implemented such as the specific legal entity identifier , the classification of the type of information , and the categories of the size of the entities. to that purpose , the joint committee of the european supervisory authorities should develop draft implementing technical standards. additionally , esma might develop draft implementing technical standards to determine the nature and extent of the specific services for which fees may be charged and the associated fee structure. the commission should be empowered to adopt those implementing technical standards by means of implementing acts pursuant to article 291 tfeu and in accordance with article 15 of regulation (eu) no 1093/2010 of the european parliament and of the council30 , no 1094/2010 of the european parliament and of the council31 and no 1095/2010 of the european parliament and of the council32 . ### (17) to ensure a smooth processing of the information received or drawn-up by the collection bodies and made available to esap , it is necessary to lay down certain requirements specifying the format and the metadata of that information and which collection bodies should collect such information. in order to ensure the quality and comparability of the information submitted to esap by the collection bodies , it is also necessary to define the characteristics of the automated validations to be carried out on each information reaching the collection bodies. to ensure the use and re-use of data on esap , a list of the designated open standard licences would need to be defined. to facilitate the searching , finding , retrieving of the data in a timely manner , the characteristics of the application programming interface and the metadata to be implemented will also need to be designed. additional requirements as regards efficient search functions will need to be implemented such as the specific legal entity identifier , the classification of the type of information , and the categories of the size of the entities. to that purpose , the joint committee of the european supervisory authorities should develop draft implementing technical standards to allow for global , interoperable and machine-readable access and a strong governance standard. additionally , esma might develop draft implementing technical standards to determine the circumstances , nature and extent of the specific services for which fees may be charged and the associated fee structure. the commission should be empowered to adopt those implementing technical standards by means of implementing acts pursuant to article 291 tfeu and in accordance with article 15 of regulation (eu) no 1093/2010 of the european parliament and of the council30 , no 1094/2010 of the european parliament and of the council31 and no 1095/2010 of the european parliament and of the council32 .


### (18) the objective of this regulation is to contribute to integrating the european financial services and capital markets by providing an easy centralised access to public information about entities and their products. since that objective cannot be sufficiently achieved by the member states , but can rather , by reason of its scale and effects , be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union. in accordance with the principle of proportionality as set out in that article , this regulation does not go beyond what is necessary in order to achieve that objective , ### (18) the objective of this regulation is to contribute to integrating the european financial services and capital markets by providing an easy centralised access to public information about certain categories of entities and their products. since that objective cannot be sufficiently achieved by the member states , but can rather , by reason of its scale and effects , be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union. in accordance with the principle of proportionality as set out in that article , this regulation does not go beyond what is necessary in order to achieve that objective ,


### esma , on the web portal referred to in article 7(1) , point (a) , shall publish a list of the collection bodies with information about the uniform resource locator (url) of each collection body. ### esma , on the web portal referred to in article 7(1) , point (a) , shall publish a list of the collection bodies with information about the name , address , member state of origin and the uniform resource locator (url) of each collection body.


### (ii) the metadata as specified pursuant to paragraph 6 , point (d) is available and complete; ### (ii) the metadata as specified pursuant to paragraph 6 , point (d) is available , complete and kept only for as long as the information to which it relates is stored;


### where the information is manifestly inappropriate , abusive , or clearly outside the scope of the information referred to in article 1(1). ### where the information is manifestly inappropriate , abusive , or clearly outside the scope of the information referred to in article 1(1) or in breach of article 1 (2a).


### 3. the search function referred to in paragraph 1 , point (c) , shall allow for a search on the basis of the following metadata: ### 3. the search function referred to in paragraph 1 , point (c) , shall allow for a search on the basis of at least the following metadata:


### esma may , however , charge fees for specific services that involve searches for a very large volume of information or for frequently updated information. those fees shall not exceed the cost incurred by esma for the provision of the service. ### deleted


### esma may , however , charge fees for specific services that involve searches for a very large volume of information or for frequently updated information. those fees shall not exceed the cost incurred by esma for the provision of the service. ### esma may , however , charge fees for specific services that involve searches for a very large volume of information or for frequently updated information. those fees shall not exceed the direct cost incurred by esma for the provision of the service.


### ensure that esap is accessible at least 95% of the time per month; ### ensure that esap is accessible other than during periods of necessary technical maintenance;


### ensure that esap is accessible at least 95% of the time per month; ### ensure that esap is accessible at least 96% of the time per month;


### the number of visitors and searches; ### the number of visitors , including unique visitors and searches;


### (8) esap risks being subject to confidentiality breaches , integrity risks or risks on availability of the system and on the information processed therein. those threats include accidents , errors , deliberate attacks and natural events , and need to be recognised as operational risks. esma should implement appropriate and proportionate policies to ensure that esap protects the information processed and functions as needed. ### (8) esap risks being subject to confidentiality breaches , integrity risks or risks on availability of the system and on the information processed therein. those threats include accidents , errors , deliberate attacks and natural events , and need to be recognised as operational risks. esma should implement appropriate and proportionate policies , including regular reviews , to ensure that esap protects the information processed and functions as needed to the highest appropriate standard.


### (9) to facilitate the searching , finding , retrieving and use of data , esma should ensure that esap offers a set of functionalities , including a search function , machine translation and possibilities to extract the information. the search functions should be offered in all the official languages of the union and build at least on the metadata provided pursuant to the directives and regulations listed in the annex. by 31 december 2024 , esma should ensure that esap provides users with a minimum set of functionalities , to be completed by 31 december 2025. ### (9) to facilitate the searching , finding , retrieving and use of data , esma should ensure that esap offers a set of functionalities , including a search function , machine translation and possibilities to extract the information. the search functions should be offered in all the official languages of the union and build at least on the metadata provided pursuant to the directives and regulations listed in the annex. by 31 december 2025 , esma should ensure that esap provides users with a minimum set of functionalities , to be completed by 31 december 2026.


### (15) in order to build and maintain public trust in esap and to protect each entity from undue alteration of its information , esap should ensure data integrity and credibility of the source of the information submitted to the collection bodies. therefore , information submitted by the entities should include a qualified electronic seal attached to the information submitted as defined in article 3(20) , of regulation (eu) no 910/2014 of the european parliament and of the council29 . a specific legal entity identifier may be a mandatory attribute of that certificate. that seal or signature acquired by esap should be made available to users. ### (15) in order to build and maintain public trust in esap and to protect each entity from undue alteration of its information , esap should ensure data integrity and credibility of the source of the information submitted to the collection bodies. a specific legal entity identifier may be a mandatory attribute of that certificate. that seal or signature acquired by esap should be made available to users.


### (15) in order to build and maintain public trust in esap and to protect each entity from undue alteration of its information , esap should ensure data integrity and credibility of the source of the information submitted to the collection bodies. therefore , information submitted by the entities should include a qualified electronic seal attached to the information submitted as defined in article 3(20) , of regulation (eu) no 910/2014 of the european parliament and of the council29 . a specific legal entity identifier may be a mandatory attribute of that certificate. that seal or signature acquired by esap should be made available to users. ### (15) in order to build and maintain public trust in esap and to protect each entity from undue alteration of its information , esap should ensure data integrity and credibility of the source of the information submitted to the collection bodies. therefore , information submitted by the entities should include a qualified electronic seal attached to the information submitted as defined in article 3(20) , of regulation (eu) no 910/2014 of the european parliament and of the council29if such a requirement exists in national legislation. a specific legal entity identifier may be a mandatory attribute of that certificate. that seal or signature acquired by esap should be made available to users.


### 1. by 31 december 2024 , the european securities and markets authority (esma) shall establish and operate a european single access point (“esap”) providing centralised electronic access to the following information: ### 1. by 31 december 2025 , the european securities and markets authority (esma) shall establish and operate a european single access point (“esap”) providing centralised electronic access to the following information:


### provide the collection body with metadata about the information submitted; ### provide the collection body with a minimum level of metadata about the information submitted;


### the metadata to be provided about the information submitted; ### a minimum level of metadata to be provided about the information submitted;


### the designation of collection bodies to which the information is submitted to. ### deleted


### collect and store the information submitted by the entities; ### collect and store the information submitted by the entities , using existing infrastructure and procedures where relevant;


### perform automated validations on the information submitted to verify that the information complies with all of the following requirements: ### perform technical automated validations on the information submitted to verify that the information complies with all of the following requirements:


### (iii) the information contains a qualified electronic seal; ### deleted


### (iii) the information contains a qualified electronic seal; ### (iii) the information contains a qualified electronic seal , if such a seal is required by national legislation;


### provide technical assistance to the entities submitting the information; ### provide technical assistance to the entities submitting the information on the submission or , if relevant , resubmission process;


### where the automated validations referred to in paragraph 1 , point (b) , reveal that the information does not comply with the requirements laid down in that point (b); ### where the automated validations referred to in paragraph 1 , point (b) , reveal that the information does not comply with the requirements laid down in that point (b) or on the basis of notifications received according to article 10(2);


### 6. the joint committee of the european supervisory authorities shall develop draft implementing technical standards specifying all of the following: ### 6. the joint committee of the european supervisory authorities shall , in consultation with the collection bodies , develop draft implementing technical standards specifying all of the following:


### the type of information submitted by the entity that submitted the information; ### the type of information submitted by the entity that submitted the information including whether it is mandatory or voluntary;


### the year and month in which the information was submitted by the entity that submitted the information; ### the date , time , year and month in which the information was submitted by the entity that submitted the information;


### 4. for the purposes of paragraph 2 , second subparagraph , esma may develop draft implementing technical standards to determine the nature and extent of the specific services for which fees may be charged and to determine the associated fee structure. ### deleted


### (iii) the funding conditions of esap , including in which situations fees may be imposed and the calculation of those fees; ### deleted


### 3. regulation (eu) no 648/2012 on otc derivatives , central counterparties and trade repositories66 ### deleted


### 10. regulation (eu) no 909/2014 on improving securities settlement in the european union and on central securities depositories73 ### deleted


### 21. regulation (eu) 2021/23 on a framework for the recovery and resolution of central counterparties84 ### deleted


### 11. directive 2014/59/eu establishing a framework for the recovery and resolution of credit institutions and investment firms95 ### deleted


### 1. notes that the court of auditors’ report on the implementation of the budget concerning the financial year 2021 does not contain any remarks about the european data protection supervisor (edps); ### 1. notes that the court of auditors’ report on the implementation of the budget concerning the financial year 2021 does not contain any remarks about the european data protection supervisor (edps); reiterates its call on the court to issue a report on the annual accounts of the edps , despite its small budget and its low volume of financial transactions , considering the importance of transparency for the proper functioning of all unione bodies;


### 2. notes that the edps budget execution in 2021 (86 ,21%) improved compared to 2020 (72 ,33%) despite the capacity constraints that edps is facing; ### 2. welcomes the 2021 annual report published by the edps; notes that in 2021 the edps met or surpassed the targets set in eight out of nine key performance indicators (kpis) , with one kpi , regarding the occupancy rate of the establishment plan , just falling short of the set target (88% compared to 90%); notes , in particular , that the result for kpi regarding budget implementation in 2021 (86 ,12%) is higher than the set target (80%) and than the result in 2020 (72 ,33%) , despite the capacity constraints that edps is facing;


### 3. highlights the key supervisory role of the edps on ensuring full respect for data protection by union institutions , bodies and agencies , such as europol , frontex , eu-lisa and eurojust; ### 3. highlights the key supervisory role of the edps on ensuring full respect for data protection by union institutions , bodies and agencies , such as europol , frontex , eu-lisa and eurojust; notes , in particular , the first data protection audit of eurojust's data protection activities which took place in october 2021; notes the increase in legislative consultations recorded in 2021 , when the edps responded to 88 formal legislative consultations , compared to 27 in 2020;


### 3. highlights the key supervisory role of the edps on ensuring full respect for data protection by union institutions , bodies and agencies , such as europol , frontex , eu-lisa and eurojust; ### 3. highlights the key consultative and supervisory role of the edps on ensuring full respect for data protection by union institutions , bodies and agencies , such as europol , frontex , eu-lisa and eurojust;


### 3. notes that the court mentions that their work over many years indicates that overall this spending is low-risk; ### 3. notes that the court mentions that their work over many years indicates that overall this spending is low-risk; however , notes that the annual report on the implementation of the eu budget for the 2021financial year does not provide for any relevant information on edps and invites the court to include in the next annual reports comprehensive data regarding the completion of all requirements necessary for a consistent discharge procedure.


### 4. welcomes the two investigations concerning transfers of personal data to non-eu/eea countries launched in the framework of the edps’ schrems ii strategy; ### 4. acknowledges the two investigations concerning transfers of personal data to non-eu/eea countries launched in the framework of the edps’ schrems ii strategy;


### 5. welcomes the follow-up done by the edps after the admonishment of europol; is concerned about the individual complaints introduced against europol and about this agency ignoring the recommendations and an order issued by the edps; ### 5. welcomes the follow-up done by the edps on a citizen's data access request; highlights , however , that the edps issued a decision in the case before all facts had been checked and established; calls on the edps to review its rules of procedure for ensuring an efficient and timely review of complaints by citizens taking into account all relevant information;


### 7. reminds that the edps workload is expected to further increase due to the growing digitalisation trend in the union , the revision of agencies’ mandates and the initiatives presented by the commission especially in the field of justice and home affairs; appreciates the contribution of the epds to the legislative work in cooperation with the european data protection board; stresses the importance to adapt human and financial resources to the increasing workload and to increase the edps's budget accordingly; ### 7. reminds that the edps workload may further increase due to the growing digitalisation trend in the union , the revision of agencies’ mandates and the initiatives presented by the commission especially in the field of justice and home affairs; appreciates the contribution of the epds to the legislative work in cooperation with the european data protection board; stresses the importance of the adaption of the human and financial resources in the future budgetary planning in accordance with the workload;


### 41. notes that the supervisor had a dialogue with europol concerning the agency’s processing of large-scale datasets in order to ensure that data is processed in a compliant manner; notes that the supervisor highlighted several times since september 2020 its serious concern relating to data minimisation and retention of datasets lacking a data subject classification; encourages the supervisor to continue the dialogue in order to address these problems; ### 41. notes that the supervisor had a dialogue with europol concerning the agency’s processing of large-scale datasets in order to ensure that data is processed in a compliant manner; notes that the supervisor highlighted several times since september 2020 its serious concern relating to the maximum retention period to complete the data subject categorisation (dsc) , which were addressed in the amendments to the europol regulation which entered into force at the end of june 2022; takes note of the fact that in september 2022 , the edps launched a motion against the legislator with the court of justice of the european union (cjeu) on the transitional arrangements set out in the amended europol regulation; highlights that while the transitional arrangements seek to provide clarity on the requirements , europol reported to the edps that no contributions from before the entry into force of the amendments to the europol regulation remain without dsc;


### 1. recalls that tax crime is recognised as a predicate offence of money laundering , which is often linked to organised crime , corruption and the financing of terrorism; ### 1. recalls that tax crime is recognised as a predicate offence of money laundering , which is often linked to organised crime , corruption and the financing of terrorism; calls upon the european commission to ensure effective implementation of the existing anti-money laundering and countering the financing of terrorism (aml/cft) framework , and to strengthen the collaboration in this field among the member states and the eu institutions and agencies; highlights the importance of the future anti-money laundering authority (amla) as a new eu body for the prevention of money laundering and terrorism financing in the union , by contributing to enhanced supervision and improved cooperation between member states’ financial intelligence units (fius) and supervisory authorities;


### 1. highlights the role of international investigative journalism and whistleblowers in exposing tax avoidance and evasion , corruption , organised crime and money laundering; deems it necessary to further protect the confidentiality of the sources of investigative journalism , including whistleblowers; ### 1. recognises that journalists and whistleblowers have an important role in investigating and exposing potential violations of tax law; deems it necessary to further protect the confidentiality of the sources of investigative journalism , including whistleblowers;


### 1. denounces the existence of a shadowy offshore financial system with offices all over the world , which is allowing enrichment at the public’s expense; ### 1. denounces the existence of offshore financial structures in numerous jurisdictions around the world , which have the purpose of facilitating tax avoidance and which could be used for illegal practices such as tax evasion and money laundering;


### b. whereas the pandora papers revealed how high-net-worth individuals , including politically exposed persons , criminals , public officials and celebrities , are assisted by intermediaries , such as banks , accountants and law firms , in designing complex corporate structures registered in secrecy jurisdictions or tax havens in close cooperation with offshore professional service providers in order to shield income and assets from taxation and possibly launder money; ### b. whereas the pandora papers revealed how high-net-worth individuals , including politically exposed persons , criminals , public officials and celebrities , are assisted by intermediaries in designing complex corporate structures registered in secrecy jurisdictions or tax havens in close cooperation with offshore professional service providers in order to shield income and assets from taxation and possibly launder money;


### 2. emphasises that the practices brought to light by the pandora papers revelations have a severe impact on the fiscal space of developing countries; ### 2. emphasises that the practices brought to light by the pandora papers undermine confidence in the benefits of the global financial system for raising living standards around the world , particularly in developing countries; highlights the need to work in global international fora to restore this confidence;


### 3. considers that tax avoidance by multinationals and the existence of tax havens offering no or extremely low effective tax rates are heavily detrimental to the fair collection of tax in countries in the global south; ### 3. considers that tax avoidance practices , though legal , can impact severely upon the fiscal capacity of countries in the global south including the ability to invest in robust tax-collection structures;


### 4. emphasises the structural implications of the tax avoidance practices of both multinationals and individuals for developing countries’ fiscal capacities and mid to long-term growth prospects; highlights the increase in inequality and poverty caused by the lack of fiscal space as a result of tax avoidance; ### 4. highlights the ongoing need for global cooperation to investigate suspected cases of tax evasion and anti-money laundering; notes the several existing international initiatives on the automatic exchange of information for tax compliance purposes , as well as the oecd common reporting standard for automatic reporting of information on the offshore financial accounts of non-residents to their jurisdiction of residence and the work of the oecd’s joint international taskforce on shared intelligence and collaboration (jitsic) network in which 19 eu member states currently participate;


### 5. recalls that the upcoming global corporate minimum tax will define a fixed baseline for corporate taxation , thereby combating corporate tax avoidance , and calls for the resulting fiscal capacities to be used to build resilient , sustainable and equal societies; calls for international cooperation on the corporate minimum tax to be utilised in such a way as to introduce better transparency measures for the prosecution of tax avoiders; ### 5. notes the agreement on the oecd two pillar solution to address the tax challenges arising from the digitalisation of the economy including in relation to the global corporate taxation framework which has the aim of benefiting society by increasing transparency and reducing opportunities for tax avoidance;


### 6. calls for full international transparency on the real owners of letterbox companies and real estate; considers that the international exchange of information needs to be expanded to identify tax evaders and calls for greater efforts to tackle financial secrecy , including supporting capacity-building for tax administrations and tax investigations in developing countries. ### 6. calls for greater and more efficient international exchange of information between fiscal authorities to tackle financial crime; calls for greater efforts to promote transparency in respect of letterbox companies and support for capacity-building for tax administrations and tax investigations in developing countries.


### 12. ‘border surveillance’ means the surveillance of borders between crossing points and of border crossing points outside fixed opening hours , including preventative measures to detect and prevent unauthorised border crossings or the circumvention of border checks. ### 12. ‘border surveillance’ means the surveillance of borders between crossing points and of border crossing points outside fixed opening hours , including preventative measures to detect and prevent unauthorised border crossings or the circumvention of border checks , as well as actions to provide situational awareness.


### 27. ‘instrumentalisation of migrants’ refers to a situation where a third country instigates irregular migratory flows into the union by actively encouraging or facilitating the movement of third country nationals to the external borders , onto or from within its territory and then onwards to those external borders , where such actions are indicative of an intention of a third country to destabilise the union or a member state , where the nature of such actions is liable to put at risk essential state functions , including its territorial integrity , the maintenance of law and order or the safeguard of its national security; ### 27. ‘instrumentalisation of migrants’ refers to a situation where a third country or non state actor instigates irregular migratory flows into the union by actively encouraging or facilitating the movement of third country nationals or stateless persons to the external borders , onto or from within its territory and then onwards to those external borders , where such actions are indicative of an intention of a third country to destabilise the union or a member state , where the nature of such actions is liable to put at risk essential state functions , including its territorial integrity , the maintenance of law and order or the safeguard of its national security;


### 4. in a situation of instrumentalisation of migrants , member states may limit the number of border crossing points as notified pursuant to paragraph 1 or their opening hours where the circumstances so require. ### 4. in a situation of instrumentalisation of migrants , or other situations that cause similar extreme conditions at the external borders , member states may limit the number of border crossing points as notified pursuant to paragraph 1 or their opening hours where the circumstances so require.


### any limitations adopted pursuant to the first subparagraph shall be implemented in a manner that is proportionate and that takes full account of the rights of: ### any action adopted pursuant to the first subparagraph shall be implemented in a manner that is proportionate and that takes full account of the rights of:


### 2. the border guards shall use stationary or mobile units to carry out border surveillance. ### 2. the border guards shall use available resources , including stationary or mobile units , to carry out border surveillance.


### 4. surveillance shall be carried out by stationary or mobile units which perform their duties by patrolling or stationing themselves at places known or perceived to be sensitive , the aim of such surveillance being to prevent unauthorised border crossings or apprehend individuals crossing the border illegally. surveillance may also be carried out by technical means , including electronic means , equipment and surveillance systems. ### 4. surveillance shall be carried out by stationary or mobile units which perform their duties by patrolling or stationing themselves at places known or perceived to be sensitive , the aim of such surveillance being to prevent unauthorised border crossings or apprehend individuals crossing the border illegally. surveillance may also be carried out by technical means , including electronic means , equipment and surveillance systems , as well as physical and permanent infrastructure.


### 5. in a situation of instrumentalisation of migrants , the member state concerned shall intensify border surveillance as necessary in order to address the increased threat. in particular , the member state shall enhance , as appropriate , the resources and technical means to prevent an unauthorised crossing of the border. ### 5. in a situation of instrumentalisation of migrants , or similar extreme situations , the member state concerned shall intensify border surveillance as necessary in order to address the increased threat. in particular , the member state concerned shall enhance , as appropriate , the resources and technical means to prevent an unauthorised crossing of borders.


### those technical means may include modern technologies including drones and motion sensors , as well as mobile units to prevent unauthorised border crossings into the union. ### those technical means may include modern technologies including drones and motion sensors , physical infrastructure as well as mobile units to prevent unauthorised border crossings into the union.


### 6. without prejudice to the support that the european border and coast guard agency may provide to the member states , in the event of a situation of instrumentalisation of migrants , the agency may carry out a vulnerability assessment as provided for in articles 10(1) , point (c) , and article 32 of regulation (eu) 2019/1896 of the european parliament and council57 , with a view to providing the necessary support to the member state concerned. ### 6. without prejudice to the support that the european border and coast guard agency may provide to the member states , in the event of a situation of instrumentalisation of migrants or other similar extreme situations , the agency may carry out a vulnerability assessment as provided for in articles 10(1) , point (c) , and article 32 of regulation (eu) 2019/1896 of the european parliament and council57 , with a view to providing the necessary support to the member state concerned.


### 7. the commission shall be empowered to adopt delegated acts in accordance with article 37 concerning additional measures governing surveillance , including the development of standards for border surveillance , in particular the use of surveillance and monitoring technologies at the external borders , taking into account the type of borders , the impact levels attributed to each external border section in accordance with article 34 of the regulation (eu) 2019/1896 and other relevant factors. ### 7. the commission shall be empowered to adopt delegated acts in accordance with article 37 concerning additional measures governing surveillance , including the development of common minimum standards for border surveillance , in particular the use of surveillance and monitoring technologies at the external borders , taking into account the type of borders , the impact levels attributed to each external border section in accordance with article 34 of the regulation (eu) 2019/1896 and other relevant factors.


### (4) chapter v is renamed as follows: “specific measures relating to the external borders” ### (4) chapter v is renamed as follows: “specific measures relating to the external borders control”


### 1. this article shall apply to situations where the european centre for disease prevention and control or the commission identify the existence in one or more third countries of an infectious disease with epidemic potential as defined by the relevant instruments of the world health organization. ### 1. this article shall apply to situations where the european centre for disease prevention and control or the commission assess the existence in one or more third countries of an infectious disease with epidemic potential as defined by the relevant instruments of the world health organization. this assessment shall take into account the opinion of relevant national authorities of the member states.


### 2. the council , on the basis of a proposal by the commission , may adopt an implementing regulation , providing for temporary restrictions on travel to the member states. ### 2. the council , on the basis of a proposal by the commission , and after informing the european parliament , may adopt an implementing regulation , providing for temporary restrictions on travel to the member states.


### — combat irregular residence or stay , linked to irregular migration; or ### — combat irregular residence or stay , linked to illegal migration; or


### article 23a ### article 23a


### 1. this article applies to the apprehension of a third-country national in the vicinity of internal borders , in circumstances where all of the following conditions are fulfilled: ### 1. this article applies to the apprehension of a illegaly staying third-country national in the vicinity of internal borders , in circumstances where all of the following conditions are fulfilled:


### 3. where a member state applies the procedure referred to in paragraph 2 , the receiving member state shall be required to take all measures necessary to receive the third country national concerned in accordance with the procedures set out in annex xii. ### 3. where a member state applies the procedure referred to in paragraph 2 , the receiving member state shall be required to take all measures necessary to receive the illegaly staying third country national concerned in accordance with the procedures set out in annex xii.


### 2. the member state shall , at the same time as reintroducing border control under paragraph 1 , notify the commission and the other member states of the reintroduction of border controls , in accordance with article 27(1). ### 2. the member state shall , at the same time as reintroducing border control under paragraph 1 , notify the commission and the other member states of the reintroduction of border controls , in accordance with article 27(1). the commission shall inform the european parliament.


### 3. for the purposes of paragraph 1 , border control at internal borders may be immediately reintroduced for a limited period of up to one month. if the serious threat to public policy or internal security persists beyond that period , the member state may prolong the border control at internal borders for further periods , leading to a maximum duration not exceeding three months. ### 3. for the purposes of paragraph 1 , border control at internal borders may be immediately reintroduced for a limited period of up to one month. if the serious threat to public policy or internal security persists beyond that period , the member state may prolong the border control at internal borders for further periods , leading to a maximum duration not exceeding four months.


### 4. where a serious threat to public policy or internal security is foreseeable in a member state , the member state shall notify the commission and the other member states and the commission in accordance with article 27(1) , at the latest four weeks before the planned reintroduction of border controls , or within a shorter period where the circumstances giving rise to the need to reintroduce border controls at internal borders become known less than four weeks before the planned reintroduction. ### 4. where a serious threat to public policy or internal security is foreseeable in a member state , the member state shall notify the commission and the other member states and the commission in accordance with article 27(1) , at the latest four weeks before the planned reintroduction of border controls , or within a shorter period where the circumstances giving rise to the need to reintroduce border controls at internal borders become known less than four weeks before the planned reintroduction. the commission shall inform the european parliament.


### 5. for the purposes of paragraph 4 , and without prejudice to article 27a(4) , border control at internal borders may be reintroduced for a period of up to six months. where the serious threat to public policy or internal security persists beyond that period , the member state may prolong the border control at internal borders for renewable periods of up to six months. ### 5. for the purposes of paragraph 4 , and without prejudice to article 27a(4) , border control at internal borders may be reintroduced for a period of up to six months. where the serious threat to public policy or internal security persists beyond that period , the member state may prolong the border control at internal borders for renewable periods of up to six months.


### 3. where border controls at internal borders have been reintroduced or prolonged , the member states concerned shall , where necessary , ensure that they are accompanied by appropriate measures that mitigate the impacts resulting from the reintroduction of border controls on persons and the transport of goods , giving particular consideration to the cross-border regions. ### 3. where border controls at internal borders have been reintroduced or prolonged , the member states concerned shall ensure that they are accompanied by appropriate measures that mitigate the impacts resulting from the reintroduction of border controls on persons and the transport of goods , giving particular consideration to the special and vulnerable situation of cross-border regions.