### once the period of one year from the date of adoption of the common protocols and supported data formats has elapsed , all transfers of pnr data by air carriers to the passenger information units for the purposes of this directive shall be made electronically using secure methods in the form of accepted common protocols which shall be common to all transfers to ensure the security of the data during transfer , and in a supported data format to ensure their readability by all parties involved . all air carriers shall be required to select and identify to the passenger information unit the common protocol and data format that they intend to use for their transfers . ### once the period of one year from the date of adoption of the common protocols and supported data formats has elapsed , all transfers of pnr data by air carriers and non - carrier economic operators to the passenger information units for the purposes of this directive shall be made electronically using secure methods in the form of accepted common protocols which shall be common to all transfers to ensure the security of the data during transfer , and in a supported data format to ensure their readability by all parties involved . all air carriers and non - carrier economic operators shall be required to select and identify to the passenger information unit the common protocol and data format that they intend to use for their transfers .


### undertake a review of the operation of this directive and submit a report to the european parliament and the council within four years after the date mentioned in article 15 . such review shall cover all the elements of this directive , with special attention to the compliance with standard of protection of personal data , the length of the data retention period and the quality of the assessments . it shall also contain the statistical information gathered pursuant to article 18 . ### undertake a review of the operation of this directive and submit a report to the european parliament and the council within four years after the date mentioned in article 15 . such review shall cover all the elements of this directive , with special attention to the compliance with standard of protection of personal data , including in cases of transfers of data to third countries , the length of the data retention period and the quality of the assessments . it shall also contain the statistical information gathered pursuant to article 18 .


### this directive is without prejudice to any obligations and commitments of the union by virtue of bilateral and / or multilateral agreements with third countries . ### this directive is without prejudice to any obligations and commitments of the union by virtue of bilateral and / or multilateral agreements with third countries . nevertheless , as soon as this directive enters into force , the european commission shall start negotiating to establish mechanisms of exchange of passenger name record data for the prevention , detection , investigation and prosecution of terrorist offences and serious crime with the third countries .


### passenger name record data as far as collected by air carriers ### passenger name record data as far as collected by air carriers and non - carrier economic operators


### article 3 of council regulation no 1096 / 20106 provides that the head of the secretariat of the esrb is to be appointed by the ecb , in consultation with the general board of the esrb . to raise the profile of the head of secretariat of the esrb , the general board of the esrb should assess , in an open and transparent procedure , whether the shortlisted candidates for the position of head of secretariat of the esrb possess the qualities and experience necessary to manage the esrb secretariat . the general board should inform the european parliament and the council about the assessment procedure . furthermore , the tasks of the head of the esrb secretariat should be clarified . __________________ 6 council regulation no 1096 / 2010 of 17 november 2010 conferring specific tasks upon the european central bank concerning the functioning of the european systemic risk board . ### article 3 of council regulation no 1096 / 20106 provides that the head of the secretariat of the esrb is to be appointed by the ecb , in consultation with the general board of the esrb . to raise the profile of the head of secretariat of the esrb , the general board of the esrb should assess , in an open and transparent procedure , whether the shortlisted candidates for the position of head of secretariat of the esrb possess the qualities and experience necessary to manage the esrb secretariat . the general board should inform the european parliament and the council about the assessment procedure . that procedure is without prejudice to the ultimate responsibility of the ecb for appointing the head of the esrb secretariat , in accordance with the consultation procedure laid down in article 3 of regulation 1096 / 2010 , as long as that regulation is not revised . furthermore , the tasks of the head of the esrb secretariat should be clarified through the list of those tasks included in this regulation . __________________ 6 council regulation no 1096 / 2010 of 17 november 2010 conferring specific tasks upon the european central bank concerning the functioning of the european systemic risk board .


### given the amendments to the agreement on the european economic area 7 , and in particular the adoption of regulation no 1092 / 2010 by the eea member states , article 9 of that regulation is no longer relevant and should therefore be deleted . __________________ 7 decision of the eea joint committee no 198 / 2016 of 30 september 2016 amending annex ix to the eea agreement [ 2017 / 275 ] . ### in view of the amendments to the agreement on the european economic area 7 , and in particular the adoption of regulation no 1092 / 2010 by the eea member states , article 9 of that regulation should be amended . __________________ 7 decision of the eea joint committee no 198 / 2016 of 30 september 2016 amending annex ix to the eea agreement [ 2017 / 275 ] .


### the chair shall represent the esrb externally . the chair may delegate tasks related to the external representation of the esrb to the head of the secretariat . ; ### the chair shall represent the esrb externally . the chair may delegate tasks related to the external representation of the esrb , with the exception of the tasks set out in article 19 , and , to the head of the secretariat . ;


### in article 9 , paragraph 5 is deleted ; ### article 9 is amended as follows : paragraph 5 is replaced by the following : 5 . participation in the work of the esrb may be open to high - level representatives of the relevant authorities from third countries , strictly limited to issues of particular relevance to those countries . arrangements may be made by the esrb specifying , in particular , the nature , scope and procedural aspects of the involvement of those third countries in the work of the esrb . such arrangements may provide for representation on an ad hoc basis , as an observer , on the general board and are to concern only items of relevance to those countries , excluding any case where the situation of individual financial institutions or member states could be discussed .


### proposal for a regulation of the european parliament and of the council on the establishment of ' eurodac ' for the comparison of fingerprints for the effective application of [ regulation no 604 / 2013 establishing the criteria and mechanisms for determining the member state responsible for examining an application for international protection lodged in one of the member states by a third - country national or a stateless person ] , for identifying an illegally staying third - country national or stateless person and on requests for the comparison with eurodac data by member states ' law enforcement authorities and europol for law enforcement purposes ### proposal for a regulation of the european parliament and of the council on the establishment of ' eurodac ' for the comparison of fingerprints for the effective application of [ regulation no 604 / 2013 establishing the criteria and mechanisms for determining the member state responsible for examining an application for international protection lodged in one of the member states by a third - country national or a stateless person ] , for identifying an illegally staying third - country national or stateless person and on requests for the comparison with eurodac data by member states ' law enforcement authorities and europol for law enforcement purposes , and amending regulation no 1077 / 2011


### biometrics constitute an important element in establishing the exact identity of such persons . it is necessary to set up a system for the comparison of their fingerprint and facial image data . ### to ensure high accuracy in the identification of such persons , it is necessary to set up a system for the comparison of their fingerprint and facial image data .


### to assist member states overcome challenges relating to non - compliance with the fingerprinting process , this regulation also permits the comparison of a facial image without fingerprints as a last resort , where it is impossible to take the fingerprints of the third - country national or stateless person because his or her fingertips are damaged , either intentionally or not , or amputated . member states should exhaust all attempts to ensure that fingerprints can be taken from the data - subject before a comparison using a facial image only can be carried out where non - compliance based on reasons not relating to the conditions of the individual ' s fingertips are given . where facial images are used in combination with fingerprint data , it allows for the reduction of fingerprints registered while enabling the same result in terms of accuracy of the identification . ### for the purposes of obtaining high accuracy identification , fingerprints should always be prefered over facial images . to assist member states in overcoming challenges , where it is impossible to take the fingerprints of the third - country national or stateless person because his or her fingertips are damaged , either intentionally or not , or amputated , this regulation should also permit the registration and comparison of a facial image without fingerprints . member states should exhaust all attempts to ensure that fingerprints can be taken from the data - subject before a comparison using a facial image only can be carried out .


### the commission’s communication on stronger and smarter information systems for borders and security28 highlights the need to improve the interoperability of information systems as a long - term objective , as also identified by the european council and the council . the communication proposes to set up an expert group on information systems and interoperability to address the legal and technical feasibility of achieving interoperability of the information systems for borders and security . this group should assess the necessity and proportionality of establishing interoperability with the schengen information systems and the visa information systems , and examine if there is a need to revise the legal framework for law enforcement access to eurodac . __________________ 28 com 205 final ### the commission’s communication on stronger and smarter information systems for borders and security28 highlights the need to improve the interoperability of information systems as a long - term objective , as also identified by the european council and the council . the communication proposes to set up an expert group on information systems and interoperability to address the legal and technical feasibility of achieving interoperability of the information systems for borders and security . this group should assess the necessity and proportionality of establishing interoperability with the schengen information systems , the visa information systems , and other relevant databases in the area of justice and home affairs . in particular , the question whether interoperability should be established between eurodac and the entry - exist - system database to allow consultation between the systems and the automatic transfer from the ees to eurodac of the data of third - country nationals or stateless persons having exceeded the maximum duration of authorised stay should be assessed . given the current lack of information sharing between member states on return decisions , the expert group on information systems and interoperability should also assess the potential benefits of registering return decisions and other measures relating to removal in eurodac . __________________ 28 com 0205


### the commission’s communication on stronger and smarter information systems for borders and security28 highlights the need to improve the interoperability of information systems as a long - term objective , as also identified by the european council and the council . the communication proposes to set up an expert group on information systems and interoperability to address the legal and technical feasibility of achieving interoperability of the information systems for borders and security . this group should assess the necessity and proportionality of establishing interoperability with the schengen information systems and the visa information systems , and examine if there is a need to revise the legal framework for law enforcement access to eurodac . _________________ 28 com 205 final ### in line with the commission’s communication on stronger and smarter information systems for borders and security28 that highlighted the need to improve the interoperability of information systems as a long - term objective , as also identified by the european council and the council , the commission set up an expert group on information systems and interoperability to address the legal and technical feasibility of achieving interoperability of the information systems for borders and security with the main goal of improving the quality of service that union databases provide to their users , such as better , simpler and quicker access to all relevant information therein and guaranteeing high quality data . therefore , this group should assess the necessity and proportionality of establishing interoperability between union information systems such as the schengen information system , the visa information system , eurodac and new relevant information systems that are currently being developed . _________________ 28 com 205 final


### it is essential in the fight against terrorist offences and other serious criminal offences for the law enforcement authorities to have the fullest and most up - to - date information if they are to perform their tasks . the information contained in eurodac is necessary for the purposes of the prevention , detection or investigation of terrorist offences as referred to in council framework decision 2002 / 475 / jha29 or of other serious criminal offences as referred to in council framework decision 2002 / 584 / jha30 . therefore , the data in eurodac should be available , subject to the conditions set out in this regulation , for comparison by the designated authorities of member states and the european police office . _________________ 29 council framework decision 2002 / 475 / jha of 13 june 2002 on combating terrorism . 30 council framework decision 2002 / 584 / jha of 13 june 2002 on the european arrest warrant and the surrender procedures between member states . ### it is essential in the fight against terrorist offences and other serious criminal offences for the law enforcement authorities to have the fullest and most up - to - date information if they are to perform their tasks . the information contained in eurodac is necessary for the purposes of the prevention , detection , investigation or prosecution of terrorist offences as referred to in directive 2017 / . . . of the european parliament and of the council [ combating terrorism and replacing council framework decision 2002 / 475 / jha and amending council decision 2005 / 671 / jha ] or of other serious criminal offences as referred to in council framework decision 2002 / 584 / jha . therefore , the data in eurodac should be available , subject to the conditions set out in this regulation , for comparison by the designated authorities of member states and the european police office .


### requests for comparison of eurodac data by europol should be allowed only in specific cases , under specific circumstances and under strict conditions . ### access for comparisons to eurodac data by europol should be allowed only in specific cases , under specific circumstances and under strict conditions .


### since eurodac was originally established to facilitate the application of the dublin convention , access to eurodac for the purposes of preventing , detecting or investigating terrorist offences or other serious criminal offences constitutes a change of the original purpose of eurodac , which interferes with the fundamental right to respect for the private life of individuals whose personal data are processed in eurodac . in line with the requirements of article 52 of the charter of fundamental rights of the european union , any such interference must be in accordance with the law , which must be formulated with sufficient precision to allow individuals to adjust their conduct and it must protect individuals against arbitrariness and indicate with sufficient clarity the scope of discretion conferred on the competent authorities and the manner of its exercise . any interference must be necessary to genuinely meet an objective of general interest and proportionate to the legitimate objective it aims to achieve . ### since eurodac was originally established to facilitate the application of the dublin convention , access to eurodac for the purposes of preventing , detecting , investigating or prosecuting terrorist offences or other serious criminal offences constitutes a further development of the original purpose of eurodac . in line with the requirements of article 52 of the charter of fundamental rights of the european union , any interference with the fundamental right to respect for the private life of individuals whose personal data are processed in eurodac must be in accordance with the law , which must be formulated with sufficient precision to allow individuals to adjust their conduct and it must protect individuals against arbitrariness and indicate with sufficient clarity the scope of discretion conferred on the competent authorities and the manner of its exercise . any interference must be necessary to genuinely meet an objective of general interest and proportionate to the legitimate objective it aims to achieve .


### member states should refer to the commission ' s staff working document on implementation of the eurodac regulation as regards the obligation to take fingerprints adopted by the council on 20 july 201534 , which sets out a best practice approach to taking fingerprints of irregular third - country nationals . where a member state ' s national law allows for the taking of fingerprints by force or coercion as a last resort , those measures must fully respect the eu charter of fundamental rights . third - country nationals who are deemed to be vulnerable persons and minors should not be coerced into giving their fingerprints or facial image , except in duly justified circumstances that are permitted under national law . _________________ 34 com 150 final , 27 . 5 . 2015 ### it is of the utmost importance for the well - functioning of the common european asylum system that a registration rate of 100% is achieved as regards applications for international protection lodged in one of the member states by a third - country national or a stateless person , persons apprehended in connection with the unlawful crossing of the external borders of the union and third - country nationals or stateless persons found illegally staying on its territory . in order to achieve this registration rate , member states should refer to the commission ' s staff working document on implementation of the eurodac regulation as regards the obligation to take fingerprints adopted by the council on 20 july 201534 , which sets out a best practice approach to taking fingerprints of irregular third - country nationals or stateless persons . where a member state ' s national law allows for the taking of fingerprints by force or coercion as a last resort , those measures must fully respect the eu charter of fundamental rights . third - country nationals or stateless persons who are deemed to be vulnerable persons and minors should not be coerced into giving their fingerprints or facial image , except in duly justified circumstances that are permitted under national law . _________________ 34 com 150 final , 27 . 5 . 2015


### hits obtained from eurodac should be verified by a trained fingerprint expert in order to ensure the accurate determination of responsibility under regulation no [ … / … ] ; the exact identification of the third - country national or stateless person and the exact identification of the criminal suspect or victim of crime whose data might be stored in eurodac . hits obtained from eurodac based on facial images should also be verified where there is doubt that the result relates to the same person . ### hits obtained from eurodac should be verified by a trained fingerprint expert in order to ensure the accurate determination of responsibility under regulation no [ … / … ] , the exact identification of the third - country national or stateless person and the exact identification of the criminal suspect or victim of crime whose data might be stored in eurodac . hits obtained from eurodac based on facial images should also be verified by an official trained in accordance with national practice , in particular where the comparison is made with a facial image only . where a fingerprint and facial image comparison is carried out simultaneously and a hit is received for both biometric data sets , member states may check and verify the facial image result , if needed .


### third - country nationals or stateless persons who have requested international protection in one member state may try to request international protection in another member state for many years to come . therefore , the maximum period during which fingerprint and facial image data should be kept by the central system should be of considerable length . given that most third - country nationals or stateless persons who have stayed in the union for several years will have obtained a settled status or even citizenship of a member state after that period , a period of ten years should be considered a reasonable period for the storage of fingerprint and facial image data . ### in order to effectively assist in the control of illegal immigration and with the identification of illegally staying third - county nationals or stateless persons , the maximum period during which fingerprint and facial image data should be kept by the central system should be of considerable length in order to deter third - country nationals or stateless persons who have requested international protection in one member state from trying to request international protection in another member state . given that most third - country nationals or stateless persons who have stayed in the union for several years will have obtained a settled status or even citizenship of a member state after that period , a period of ten years should be considered a reasonable period for the storage of fingerprint and facial image data .


### the storage period should be shorter in certain special situations where there is no need to keep fingerprint and facial data and all other personal data for that length of time . fingerprint and facial image data and all other personal data belonging to a third - country national should be erased immediately once third - country nationals or stateless persons obtain citizenship of a member state . ### the storage period should be shorter in certain special situations where there is no need to keep fingerprint and facial image data and all other personal data for that length of time . fingerprint and facial image data and all other personal data belonging to a third - country national or stateless person should be erased immediately once third - country nationals or stateless persons obtain citizenship of a member state .


### in addition , access should be allowed only on condition that comparisons with the national fingerprint databases of the member state and with the automated fingerprinting identification systems of all other member states under council decision 2008 / 615 / jha36 did not lead to the establishment of the identity of the data subject . that condition requires the requesting member state to conduct comparisons with the automated fingerprinting identification systems of all other member states under decision 2008 / 615 / jha which are technically available , unless that member state can justify that there are reasonable grounds to believe that it would not lead to the establishment of the identity of the data subject . such reasonable grounds exist in particular where the specific case does not present any operational or investigative link to a given member state . that condition requires prior legal and technical implementation of decision 2008 / 615 / jha by the requesting member state in the area of fingerprint data , as it should not be permitted to conduct a eurodac check for law enforcement purposes where those above steps have not been first taken . _________________ 36 council decision 2008 / 615 / jha of 23 june 2008 on the stepping up of cross - border cooperation , particularly in combating terrorism and cross - border crime . ### in addition , access should be allowed only on condition that a prior search in the national fingerprint and facial image databases of the member state and in the automated fingerprinting identification systems of all other member states under council decision 2008 / 615 / jha36 has been conducted . that condition requires the requesting member state to conduct comparisons with the automated fingerprinting identification systems of all other member states under decision 2008 / 615 / jha which are technically available , unless that member state can justify that there are reasonable grounds to believe that it would not lead to the establishment of the identity of the data subject . such reasonable grounds exist in particular where the specific case does not present any operational or investigative link to a given member state . that condition requires prior legal and technical implementation of decision 2008 / 615 / jha by the requesting member state in the area of fingerprint data , as it should not be permitted to conduct a eurodac check for law enforcement purposes where those above steps have not been first taken . _________________ 36 council decision 2008 / 615 / jha of 23 june 2008 on the stepping up of cross - border cooperation , particularly in combating terrorism and cross - border crime .


### transfers of personal data obtained by a member state or europol pursuant to this regulation from the central system to any third country or international organisation or private entity established in or outside the union should be prohibited , in order to ensure the right to asylum and to safeguard applicants for international protection from having their data disclosed to a third country . this implies that member states should not transfer information obtained from the central system concerning : the name ; date of birth ; nationality ; the member state of origin or member state of allocation ; the details of the identity or travel document ; the place and date of application for international protection ; the reference number used by the member state of origin ; the date on which the fingerprints were taken as well as the date on which the member state transmitted the data to eurodac ; the operator user id ; and any information relating to any transfer of the data subject under [ regulation no 604 / 2013 ] . that prohibition should be without prejudice to the right of member states to transfer such data to third countries to which [ regulation no 604 / 2013 ] applies [ in accordance with regulation no [ … / 2016 ] respectively with the national rules adopted pursuant to directive [ 2016 / … / eu ] ] , in order to ensure that member states have the possibility of cooperating with such third countries for the purposes of this regulation . ### transfers of personal data obtained by a member state or europol pursuant to this regulation from the central system to any third country or international organisation or private entity established in or outside the union should be prohibited , in order to ensure the right to asylum and to safeguard applicants for international protection from having their data disclosed to a third country . this implies that member states should not transfer information obtained from the central system concerning : the name ; date of birth ; nationality ; the member state of origin or member state of allocation ; the details of the identity or travel document ; the place and date of application for international protection ; the reference number used by the member state of origin ; the date on which the fingerprints were taken as well as the date on which the member state transmitted the data to eurodac ; the operator user id ; and any information relating to any transfer of the data subject under [ regulation no 604 / 2013 ] . that prohibition should be without prejudice to the right of member states to transfer such data to third countries to which [ regulation no 604 / 2013 ] applies [ in accordance with regulation no [ … / 2016 ] respectively with the national rules adopted pursuant to directive [ 2016 / … / eu ] ] , in order to ensure that member states have the possibility of cooperating with such third countries for the purposes of this regulation . that prohibition should be without prejudice to the right of europol to transfer such data to any third country , international organisation or private entity established in or outside the union , in accordance with chapter v of regulation 2016 / 794 of the european parliament and of the council 1a . ______________________ 1a regulation 2016 / 794 of the european parliament and of the council of 11 may 2016 on the european union agency for law enforcement cooperation and replacing and repealing council decisions 2009 / 371 / jha , 2009 / 934 / jha , 2009 / 935 / jha , 2009 / 936 / jha and 2009 / 968 / jha .


### transfers of personal data obtained by a member state or europol pursuant to this regulation from the central system to any third country or international organisation or private entity established in or outside the union should be prohibited , in order to ensure the right to asylum and to safeguard applicants for international protection from having their data disclosed to a third country . this implies that member states should not transfer information obtained from the central system concerning : the name ; date of birth ; nationality ; the member state of origin or member state of allocation ; the details of the identity or travel document ; ; the place and date of application for international protection ; the reference number used by the member state of origin ; the date on which the fingerprints were taken as well as the date on which the member state transmitted the data to eurodac ; the operator user id ; and any information relating to any transfer of the data subject under [ regulation no 604 / 2013 ] . that prohibition should be without prejudice to the right of member states to transfer such data to third countries to which [ regulation no 604 / 2013 ] applies [ in accordance with regulation no [ … / 2016 ] respectively with the national rules adopted pursuant to directive [ 2016 / … / eu ] ] , in order to ensure that member states have the possibility of cooperating with such third countries for the purposes of this regulation . ### transfers of personal data obtained by a member state or europol pursuant to this regulation from the central system to any third country or international organisation or private entity established in or outside the union should be prohibited , in order to ensure the right to asylum and to safeguard applicants for international protection from having their data disclosed to a third country . this implies that member states should not transfer information obtained from the central system concerning : the name ; date of birth ; nationality ; the member state of origin or member state of allocation ; the details of the identity or travel document ; ; the place and date of application for international protection ; the reference number used by the member state of origin ; the date on which the fingerprints and facial image were taken as well as the date on which the member state transmitted the data to eurodac ; the operator user id ; and any information relating to any transfer of the data subject under [ regulation no 604 / 2013 ] . that prohibition should be without prejudice to the right of member states to transfer such data to third countries to which [ regulation no 604 / 2013 ] applies [ in accordance with regulation no [ … / 2016 ] respectively with the national rules adopted pursuant to directive [ 2016 / … / eu ] ] , in order to ensure that member states have the possibility of cooperating with such third countries for the purposes of this regulation .


### without prejudice to the processing of data intended for eurodac by the member state of origin in databases set up under the latter ' s national law , fingerprint data and other personal data may be processed in eurodac only for the purposes set out in this regulation and [ article 34 of regulation no 604 / 2013 ] . ### without prejudice to the processing of data intended for eurodac by the member state of origin in databases set up under the latter ' s national law , fingerprints and facial image data and other personal data may be processed in eurodac only for the purposes set out in this regulation and [ article 34 of regulation . . . . ] .


### taking fingerprints and facial images of minors from the age of six shall be carried out in a child - friendly and child - sensitive manner by officials trained specifically to enrol minor ' s fingerprints and facial images . the minor shall be informed in an age - appropriate manner using leaflets and / or infographics and / or demonstrations specifically designed to explain the fingerprinting and facial image procedure to minors and they shall be accompanied by a responsible adult , guardian or representative at the time their fingerprints and facial image are taken . at all times member states must respect the dignity and physical integrity of the minor during the fingerprinting procedure and when capturing a facial image . ### taking biometric data of minors from the age of six shall be carried out in a child - friendly and child - sensitive manner by officials trained specifically to enrol minor ' s fingerprints and to capture facial images . the minor shall be informed in an age - appropriate manner , both orally and in writing , using leaflets and / or infographics and / or demonstrations specifically designed to explain the fingerprinting and facial image procedure to minors and they shall be accompanied by a responsible adult , guardian or legal representative at the time their biometric data are taken . at all times member states must respect the dignity and physical integrity of the minor during the fingerprinting procedure and when capturing a facial image .


### without prejudice to paragraph 3 of this article , where enrolment of the fingerprints or facial image is not possible from third - country nationals who are deemed to be vulnerable persons and from a minor due to the conditions of the fingertips or face , the authorities of that member state shall not use sanctions to coerce the taking of fingerprints or a facial image . a member state may attempt to re - take the fingerprints or facial image of a minor or vulnerable person who refuses to comply , where the reason for non - compliance is not related to the conditions of the fingertips or facial image or the health of the individual and where it is duly justified to do so . where a minor , in particular an unaccompanied or separated minor refuses to give their fingerprints or a facial image and there are reasonable grounds to suspect that there are child safeguarding or protection risks , the minor shall be referred to the national child protection authorities and / or national referral mechanisms . ### without prejudice to paragraph 3 of this article , where enrolment of the fingerprints or facial image is not possible from third - country nationals or stateless persons who are deemed to be vulnerable persons and from a minor due to the conditions of the fingertips or face , the authorities of that member state shall not use sanctions to coerce the taking of fingerprints or a facial image . a member state may attempt to re - take the fingerprints or facial image of a minor or vulnerable person who refuses to comply , where the reason for non - compliance is not related to the conditions of the fingertips or facial image or the health of the individual and where it is duly justified to do so . where a minor , in particular an unaccompanied or separated minor refuses to give their fingerprints or facial image and there are reasonable grounds to suspect that there are child safeguarding or protection risks , the minor shall be referred to the national child protection authorities and / or national referral mechanisms .


### ' illegal stay ' means the presence on the territory of a member state , of a third - country national who does not fulfill , or no longer fulfils the conditions of entry as set out in article 5 of the schengen borders code or other conditions for entry , stay or residence in that member state ; ### ' illegal stay ' means the presence on the territory of a member state , of a third - country national or stateless person who does not fulfill , or no longer fulfils the conditions of entry as set out in article 5 of the schengen borders code or other conditions for entry , stay or residence in that member state ;


### ' hit ' means the existence of a match or matches established by the central system by comparison between fingerprint data recorded in the computerised central database and those transmitted by a member state with regard to a person , without prejudice to the requirement that member states shall immediately check the results of the comparison pursuant to article 26 ; ### ' hit ' means the existence of a match or matches established by the central system by comparison between fingerprints and facial image data recorded in the computerised central database and those transmitted by a member state with regard to a person , without prejudice to the requirement that member states shall immediately check the results of the comparison pursuant to article 26 ;


### the eurodac communication infrastructure will be using the existing ' secure trans european services for telematics between administrations ' network . a separate virtual private network dedicated to the eurodac shall be established on the existing testa private virtual network to ensure the logical separation of eurodac data from other data . ### the eurodac communication infrastructure will be using the existing ' secure trans european services for telematics between administrations ' network . in order to ensure confidentiality , personal data transmitted to or from eurodac shall be encrypted .


### eu - lisa shall be permitted to use real personal data of the eurodac production system for testing purposes in the following circumstances : ### eu - lisa shall be permitted to use real personal data of the eurodac production system for testing and fine - tuning purposes in the following circumstances :


### for the purposes laid down in article 1 , member states shall designate the authorities that are authorised to request comparisons with eurodac data pursuant to this regulation . designated authorities shall be authorities of the member states which are responsible for the prevention , detection or investigation of terrorist offences or of other serious criminal offences . designated authorities shall not include agencies or units exclusively responsible for intelligence relating to national security . ### for the purposes laid down in article 1 , member states shall designate the authorities that are authorised to request comparisons with eurodac data pursuant to this regulation . designated authorities shall be authorities of the member states which are responsible for the prevention , detection or investigation of terrorist offences or of other serious criminal offences .


### for the purposes laid down in article 1 , europol shall designate an operating unit that is authorised to request comparisons with eurodac data through its designated national access point . the designated authority shall be an operating unit of europol which is competent to collect , store , process , analyse and exchange information to support and strengthen action by member states in preventing , detecting or investigating terrorist offences or other serious criminal offences falling within europol ' s mandate . ### for the purposes laid down in article 1 , europol shall designate a specialised unit with duly empowered europol officials as the central access point . the central access point shall verify that the conditions to request access to eurodac laid down in article 22 are fulfilled . the central access point shall act independently when performing its tasks under this regulation and shall not receive instructions from the designated authority referred to in paragraph 1 as regards the outcome of the verification .


### the number of fingerprint data which the central system had to request more than once from the member states of origin because the fingerprint data originally transmitted did not lend themselves to comparison using the computerised fingerprint recognition system ; ### the number of fingerprint and facial image data which the central system had to request more than once from the member states of origin because the fingerprints and facial image data originally transmitted did not lend themselves to comparison using the computerised fingerprint and facial image recognition system ;


### the monthly statistical data for persons referred to in paragraph 1 to shall be published and made public by each month . at the end of each year , the yearly statistical data for persons referred to in paragraph 1 to shall be published and made public by eu - lisa . the statistics shall contain a breakdown of data for each member state . ### the monthly statistical data for persons referred to in paragraph 1 to shall be broken down by sex and age in order to understand how many minors are affected and shall be published and made public by each month . at the end of each year , the yearly statistical data for persons referred to in paragraph 1 to shall be published and made public by eu - lisa . the statistics shall contain a breakdown of data for each member state .


### the monthly statistical data for persons referred to in paragraph1 to shall be published and made public by each month . at the end of each year , the yearly statistical data for persons referred to in paragraph 1 to shall be published and made public by eu - lisa . the statistics shall contain a breakdown of data for each member state . ### the monthly statistical data for persons referred to in paragraph1 to shall be broken down , where possible , by age and sex in order to understand how many minor boys and girls are affected and shall be published and made public by each month . at the end of each year , the yearly statistical data for persons referred to in paragraph 1 to shall be published and made public by eu - lisa . the statistics shall contain a breakdown of data for each member state .


### non - compliance with the 72 - hour time - limit referred to in paragraph 3 of this article shall not relieve member states of the obligation to take and transmit the fingerprints to the central system . where the condition of the fingertips does not allow the taking of fingerprints of a quality ensuring appropriate comparison under article 26 , the member state of origin shall retake the fingerprints of persons apprehended as described in paragraph 1 of this article , and resend them as soon as possible and no later than 48 hours after they have been successfully retaken . ### non - compliance with the 72 - hour time - limit referred to in paragraph 2 of this article shall not relieve member states of the obligation to take and transmit the fingerprints and facial image data to the central system . where the condition of the fingertips does not allow the taking of fingerprints of a quality ensuring appropriate comparison under article 26 , the member state of origin shall retake the fingerprints of persons apprehended as described in paragraph 1 of this article , and resend them as soon as possible and no later than 48 hours after they have been successfully retaken .


### for the purposes laid down in article 10 , each set of data relating to an applicant for international protection , as referred to in article 12 , shall be stored in the central system for ten years from the date on which the fingerprints were taken . ### for the purposes laid down in article 10 , each set of data relating to an applicant for international protection , as referred to in article 12 , shall be stored in the central system for ten years from the date on which his or her fingerprints and facial image were taken .


### data relating to a person who has acquired citizenship of any member state before expiry of the period referred to in article 17 , or shall be erased from the central system in accordance with article 28 as soon as the member state of origin becomes aware that the person concerned has acquired such citizenship . ### data relating to a person who has acquired citizenship of any member state before expiry of the period referred to in article 17 , or shall be erased as soon as possible from the central system in accordance with article 28 as soon as the person concerned has acquired such citizenship .


### the data of beneficiaries of international protection stored in the central system and marked pursuant to paragraph 1 of this article shall be made available for comparison for the purposes laid down in article 1 for a period of three years after the date on which the data subject was granted international protection . ### the data of beneficiaries of international protection stored in the central system and marked pursuant to paragraph 1 of this article shall be made available for comparison for the purposes laid down in article 1 until such data is automatically erased from the central system in accordance with article 17 .


### procedure for comparison of fingerprint data with eurodac data ### procedure for comparison of fingerprint , facial image and alphanumeric data with eurodac data


### in exceptional cases of urgency where there is a need to prevent an imminent danger associated with a terrorist offence or other serious criminal offence , the verifying authority may transmit the fingerprint data to the national access point for comparison immediately upon receipt of a request by a designated authority and only verify ex - post whether all the conditions for requesting a comparison referred to in article 21 or article 22 are fulfilled , including whether an exceptional case of urgency actually existed . the ex - post verification shall take place without undue delay after the processing of the request . ### in exceptional cases of urgency where there is a need to prevent an imminent danger associated with a terrorist offence or other serious criminal offence , the verifying authority may transmit the fingerprint , facial image and alphanumeric data to the national access point for comparison immediately upon receipt of a request by a designated authority and only verify ex - post whether all the conditions for requesting a comparison referred to in article 21 or article 22 are fulfilled , including whether an exceptional case of urgency actually existed . the ex - post verification shall take place without undue delay after the processing of the request .


### for the purposes laid down in article 1 , designated authorities may submit a reasoned electronic request for the comparison of fingerprint data with the data stored in the central system within the scope of their powers only if comparisons with the following databases did not lead to the establishment of the identity of the data subject : ### for the purposes laid down in article 1 , designated authorities may submit a reasoned electronic request for the comparison of fingerprint , facial image and alphanumeric data with the data stored in the central system within the scope of their powers only if prior check has been conducted in :


### the result of the comparison of fingerprint data carried out pursuant to article 15 shall be immediately checked in the receiving member state by a fingerprint expert as defined in accordance with its national rules , specifically trained in the types of fingerprint comparisons provided for in this regulation . for the purposes laid down in article 1 and of this regulation , final identification shall be made by the member state of origin in cooperation with the other member states concerned . ### the result of the comparison of fingerprint data carried out pursuant to article 15 shall be immediately checked , in the receiving member state by a fingerprint expert as defined in accordance with its national rules , specifically trained in the types of fingerprint comparisons provided for in this regulation . where the central system returns a hit based on both fingerprint and facial image data , member states may check and verify the result of the comparison of facial image data if needed . for the purposes laid down in article 1 and of this regulation , final identification shall be made by the member state of origin in cooperation with the other member states concerned .


### in relation to a person covered by article 10 or 13 or 14 , the obligation to have his or her fingerprints taken ; ### in relation to a person covered by article 10 or 13 or 14 , the obligation to have his or her fingerprints and facial image taken ;


### where a person covered by article 10 , article 13 and article 14 is a minor , member states shall provide the information in an age - appropriate manner . ### where a person covered by article 10 , article 13 and article 14 is a minor , member states shall ensure that that person understands the procedure by providing the information in an age - appropriate manner , both orally and in writing , using leaflets , infographics , demonstrations , or a combination of all three , which are specifically designed to explain the fingerprinting and facial image procedure to minors .


### by way of derogation from article 37 of this regulation , the personal data relating to persons referred to in articles 10 , 13 , 14 obtained by a member state following a hit for the purposes laid down in article 1 or may be transferred or made available to a third - country in accordance with article 46 of regulation no . [ &#8230 ; / 2016 ] , if necessary in order to prove the identity of third - country nationals for the purpose of return , only where the following conditions are satisfied : ### by way of derogation from article 37 of this regulation , the personal data relating to persons referred to in articles 10 , 13 , 14 obtained by a member state following a hit for the purposes laid down in article 1 or may be transferred or made available to a third - country in accordance with chapter v of regulation 2016 / 679 , if necessary in order to prove the identity of third - country nationals or stateless persons for the purpose of return , only where the following conditions are satisfied :


### by [ … ] , europol shall notify the commission of its designated authority , of its verifying authority and of the national access point which it has designated , and shall notify without delay any amendment thereto . ### by [ … ] , europol shall notify the commission of its designated authority , and it shall notify any amendment thereto without delay .


### in spite of these regulatory developments , discharges of waste at sea still occur . this is due to a combination of factors , namely adequate port reception facilities are not always available in ports , enforcement is often insufficient and there is a lack of incentives to deliver the waste onshore . ### in spite of these regulatory developments , discharges of waste at sea still occur . to adhere to the polluter - pays - principle in this context , enforcement of existing regulation should be further improved , also by bettering monitoring of discharges of waste at sea through the use of advanced technologies . however , full monitoring will never be achieved and a need to increase incentives to deliver the waste onshore remains .


### in spite of these regulatory developments , discharges of waste at sea still occur . this is due to a combination of factors , namely adequate port reception facilities are not always available in ports , enforcement is often insufficient and there is a lack of incentives to deliver the waste onshore . ### in spite of these regulatory developments , discharges of waste at sea still occur at huge environmental , social and economic cost . this is due to a combination of factors , namely adequate port reception facilities are not always available in ports , enforcement is often insufficient and there is a lack of incentives to deliver the waste onshore .


### separate collection of waste from ships , including derelict fishing gear , is necessary to ensure its further recovery in the downstream waste management chain . garbage is often segregated on board of ships in accordance with international norms and standards and union legislation should ensure that these efforts of on - board waste segregation are not undermined by a lack of arrangements for separate collection on shore . ### separate collection of waste from ships , including derelict fishing gear , is necessary to ensure its further recovery for reuse or recycling in the downstream waste management chain and to prevent it causing damage to marine animals and environments . garbage is often segregated on board of ships in accordance with international norms and standards and union legislation should ensure that these efforts of on - board waste segregation are not undermined by a lack of arrangements for separate collection on shore .


### separate collection of waste from ships , including derelict fishing gear , is necessary to ensure its further recovery in the downstream waste management chain . garbage is often segregated on board of ships in accordance with international norms and standards and union legislation should ensure that these efforts of on - board waste segregation are not undermined by a lack of arrangements for separate collection on shore . ### separate collection of waste from ships , including derelict fishing gear or fishing gear waste , is necessary to ensure its further recovery in the downstream waste management chain . garbage is often segregated on board of ships in accordance with international norms and standards and union legislation should ensure that these efforts of on - board waste segregation are not undermined by a lack of arrangements for separate collection on shore . member states should ensure in every case that the separate collection systems applied at ports are best suited to the portsʼ characteristics .


### in order to take account of developments at international level , and to promote environmentally sound waste management practices on board , the power to adopt acts in accordance with article 290 tfeu should be delegated to the commission in respect of amending this directive to update the references to international instruments and the annexes and to change references to international instruments , in order to prevent , if necessary , changes to those international instruments from applying for the purposes of this directive , and to develop common criteria for recognising ‘ green ships’ for the purpose of granting a reduced waste fee to those ships . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level . the commission when preparing and drawing up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and the council . ### in order to take account of developments at international level , and to promote environmentally sound waste management practices on board , the commission should encourage the exchange of good practices on the development of bottom - up schemes for the purpose of voluntarily granting a reduced waste fee to those ships .


### the port reception facilities allow for the management of the ship’s waste in an environmentally appropriate way in accordance with the requirements of directive 2008 / 98 / ec and other relevant union legislation on waste . to this end , the member states shall provide for separate collection of waste from ships in ports as required in union waste legislation , in particular directive 2008 / 98 / ec , directive 2012 / 19 / eu and directive 2006 / 66 / ec . point shall apply without prejudice to the more stringent requirements imposed by regulation 1069 / 2009 for the management of catering waste from international transport . ### the port reception facilities allow for the management of the ship’s waste and its separate collection for reuse and recycling in an environmentally appropriate way in accordance with the requirements of directive 2008 / 98 / ec and other relevant union legislation on waste . to this end , the member states shall provide for separate collection for reuse and recycling of waste from ships in ports as required in union waste legislation , in particular directive 2008 / 98 / ec , directive 2012 / 19 / eu and directive 2006 / 66 / ec . point shall apply without prejudice to the more stringent requirements imposed by regulation 1069 / 2009 for the management of catering waste from international transport .


### in order to provide for a maximum incentive for the delivery of waste as defined in annex v to the marpol convention , including the waste that has been collected in nets during fishing operations , the indirect fee to be charged shall cover all the costs of port reception facilities for this waste , in order to ensure a right of delivery without any additional direct charges ; ### in order to provide for a maximum incentive for the delivery of waste as defined in annex v to the marpol convention , the waste actively and passively collected by fishing vessels shall be fully exempt from the application of the direct fee regime laid down in this directive , in order to ensure a right of delivery without any additional direct charges . further measures may be established and financed at national level to reduce costs and to provide incentives for fishermen to actively and passively collect waste ;


### the commission shall ensure that the inspection database makes it possible to retrieve any relevant data reported by the member states for the purpose of monitoring the implementation of the directive . ### the commission shall ensure that the inspection database makes it possible to retrieve any relevant data reported by the member states for the purpose of monitoring the implementation of the directive . the commission shall regularly review the database to monitor the implementation of the directive and call attention to any doubts regarding comprehensive implementation with the aim of instigating corrective action .


### under that legal framework , gmos for cultivation are to undergo an individual risk assessment before being authorised to be placed on the union market in accordance with annex ii to directive 2001 / 18 / ec . the aim of that authorisation procedure is to ensure a high level of protection of human life and health , animal health and welfare , the environment and consumer interests , whilst ensuring the effective functioning of the internal market . a uniform high level of protection of health and the environment should be achieved and maintained throughout the territory of the union . ### under that legal framework , gmos for cultivation are to undergo an individual risk assessment before being authorised to be placed on the union market , in accordance with annex ii to directive 2001 / 18 / ec taking into account the direct , indirect , immediate and delayed effects , as well as the cumulative long - term effects , on human health and the environment . the aim of that authorisation procedure , in accordance with the precautionary principle , is to ensure a high level of protection of human life and health , animal health and welfare , the environment and consumer interests , whilst ensuring the effective functioning of the internal market . a uniform high level of protection of health and the environment should be achieved and maintained throughout the territory of the union .


### under that legal framework , gmos for cultivation are to undergo an individual risk assessment before being authorised to be placed on the union market in accordance with annex ii to directive 2001 / 18 / ec . the aim of that authorisation procedure is to ensure a high level of protection of human life and health , animal health and welfare , the environment and consumer interests , whilst ensuring the effective functioning of the internal market . a uniform high level of protection of health and the environment should be achieved and maintained throughout the territory of the union . ### under that legal framework , gmos for cultivation are to undergo an individual risk assessment before being authorised to be placed on the union market in accordance with annex ii to directive 2001 / 18 / ec , taking into account the direct , indirect , immediate and delayed effects , as well as the cumulative long - term effects , on human health and the environment . the aim of that authorisation procedure is to ensure a high level of protection of human life and health , animal health and welfare , the environment , biodiversity and consumer interests , whilst ensuring the effective functioning of the internal market . a uniform high level of protection of health and the environment should be achieved and maintained throughout the territory of the union .


### experience has shown that cultivation of gmos is an issue which is more thoroughly addressed at member state level . issues related to the placing on the market and the import of gmos should remain regulated at union level to preserve the internal market . cultivation may however require more flexibility in certain instances as it is an issue with strong national , regional and local dimensions , given its link to land use , to local agricultural structures and to the protection or maintenance of habitats , ecosystems and landscapes . the common authorisation procedure , in particular the evaluation process , should not be adversely affected by such flexibility . ### experience has shown that cultivation of gmos is an issue which is more thoroughly addressed at member state level . it is , however , essential that issues related to the placing on the market and the import of gmos remain regulated at union level to preserve the internal market . cultivation may however require more flexibility in certain instances as it is an issue with strong national , regional and local dimensions , given its link to land use , to local agricultural structures and to the protection or maintenance of habitats , ecosystems and landscapes . such flexibility should not adversely affect the common authorisation procedure , in particular the evaluation process , and should not call into question the vital role played by the european food safety authority in that procedure .


### in accordance with article 2 tfeu , member states are therefore entitled to have a possibility , during the authorisation procedure and thereafter , to decide to restrict or prohibit the cultivation of a gmo on their territory with the effect of excluding cultivation of a specific gmo in all or part of that member state ' s territory . in that context , it appears appropriate to grant member states , in accordance with the principle of subsidiarity , more flexibility to decide whether or not they wish to cultivate gmo crops on their territory without affecting the risk assessment provided in the system of union authorisations of gmos , either in the course of the authorisation procedure or thereafter , and independently of the measures that member states are entitled to take by application of directive 2001 / 18 / ec to avoid the unintended presence of gmos in other products . the grant of that possibility to member states should facilitate the decision - making process in the gmo field . at the same time , freedom of choice of consumers , farmers and operators should be preserved whilst providing greater clarity to affected stakeholders concerning the cultivation of gmos in the union . this directive should therefore facilitate the smooth functioning of the internal market . ### in accordance with article 2 tfeu , member states are therefore entitled to have a possibility , during the authorisation procedure and thereafter , to decide to restrict or prohibit the cultivation of a gmo on their territory with the effect of excluding cultivation of a specific gmo in all or part of that member state ' s territory . in that context , it appears appropriate to grant member states , in accordance with the principle of subsidiarity , more flexibility to decide whether or not they wish to cultivate gmo crops on their territory without affecting the risk assessment provided in the system of union authorisations of gmos , either in the course of the authorisation procedure or thereafter , and independently of the measures that member states are entitled to take by application of directive 2001 / 18 / ec to avoid the unintended presence of gmos in other products on their territory and in border areas of neighbouring member states . the grant of that possibility to member states should facilitate the decision - making process in the gmo field . at the same time , freedom of choice of consumers , farmers and operators should be preserved whilst providing greater clarity to affected stakeholders concerning the cultivation of gmos in the union . this directive should therefore facilitate the smooth functioning of the internal market , with regard to article 114 tfeu .


### in accordance with article 2 tfeu , member states are therefore entitled to have a possibility , during the authorisation procedure and thereafter , to decide to restrict or prohibit the cultivation of a gmo on their territory with the effect of excluding cultivation of a specific gmo in all or part of that member state ' s territory . in that context , it appears appropriate to grant member states , in accordance with the principle of subsidiarity , more flexibility to decide whether or not they wish to cultivate gmo crops on their territory without affecting the risk assessment provided in the system of union authorisations of gmos , either in the course of the authorisation procedure or thereafter , and independently of the measures that member states are entitled to take by application of directive 2001 / 18 / ec to avoid the unintended presence of gmos in other products . the grant of that possibility to member states should facilitate the decision - making process in the gmo field . at the same time , freedom of choice of consumers , farmers and operators should be preserved whilst providing greater clarity to affected stakeholders concerning the cultivation of gmos in the union . this directive should therefore facilitate the smooth functioning of the internal market . ### in accordance with article 2 tfeu , member states should therefore be entitled to have a possibility , during the authorisation procedure and thereafter , to decide to restrict or prohibit the cultivation of a gmo on their territory with the effect of excluding cultivation of a specific gmo in all or part of that member state ' s territory . in that context , it appears appropriate to grant member states , in accordance with the principle of subsidiarity , more flexibility to decide whether or not they wish to cultivate gmo crops on their territory without affecting the risk assessment provided in the system of union authorisations of gmos , either in the course of the authorisation procedure or thereafter , and independently of the measures that member states are entitled to take by application of directive 2001 / 18 / ec to avoid the unintended presence of gmos in other products on their territory and in border areas of neighbouring member states . the grant of that possibility to member states should facilitate the decision - making process in the gmo field . at the same time , freedom of choice of consumers , farmers and operators should be preserved whilst providing greater clarity to affected stakeholders concerning the cultivation of gmos in the union . this directive should therefore facilitate the smooth functioning of the internal market by revising the rules governing food labelling .


### in addition , and only where the notifier / applicant has refused to adjust the geographical scope of the notification / application of a gmo as requested by a member state , there should be the possibility for that member state to adopt reasoned measures restricting or prohibiting the cultivation of that gmo once authorised in all or part of its territory , on the basis of grounds distinct from those assessed according to the harmonized set of union rules , that is directive 2001 / 18 / ec and regulation no 1829 / 2003 , which are in conformity with union law . those grounds may be related to environmental or agricultural policy objectives , or other compelling grounds such as town and country planning , land use , socio - economic impacts , co - existence and public policy . those grounds may be invoked individually or in combination , depending on the particular circumstances of the member state , region or area in which those measures will apply . ### there should always be the possibility for a member state to act as risk manager and adopt reasoned measures restricting or prohibiting the cultivation of a gmo or of groups of gmos defined by crop or trait or of all gmos once authorised in all or part of its territory , on the basis of grounds relating to the public interest , which are in conformity with union law . those grounds may be related to environmental or agricultural policy objectives , or other legitimate factors such as socio - economic impacts , where those factors have not been addressed as part of the harmonised procedure provided for in part c of directive 2001 / 18 / ec , or to persisting scientific uncertainty . those measures should be duly justified on scientific grounds or on grounds relating to other legitimate factors which might arise from the deliberate release or the placing on the market of gmos . those grounds may be invoked individually or in combination , depending on the particular circumstances of the member state , region or area in which those measures will apply .


### in addition , and only where the notifier / applicant has refused to adjust the geographical scope of the notification / application of a gmo as requested by a member state , there should be the possibility for that member state to adopt reasoned measures restricting or prohibiting the cultivation of that gmo once authorised in all or part of its territory , on the basis of grounds distinct from those assessed according to the harmonized set of union rules , that is directive 2001 / 18 / ec and regulation no 1829 / 2003 , which are in conformity with union law . those grounds may be related to environmental or agricultural policy objectives , or other compelling grounds such as town and country planning , land use , socio - economic impacts , co - existence and public policy . those grounds may be invoked individually or in combination , depending on the particular circumstances of the member state , region or area in which those measures will apply . ### in addition , there should be the possibility for that member state to act as risk manager and adopt reasoned measures restricting or prohibiting the cultivation of a gmo , or groups of gmos defined by crop or trait or of all gmos once authorised in all or part of its territory , on the basis of grounds relating to the public interest , distinct from those assessed according to the harmonized set of union rules , that is directive 2001 / 18 / ec and regulation no 1829 / 2003 , which are in conformity with union law . those grounds may be related to environmental or agricultural policy objectives , or other legitimate factors such as socio - economic impacts , where those factors have not been addressed as part of the harmonised procedure provided for in part c of directive 2001 / 18 / ec , or to persisting scientific uncertainty . those measures should be duly justified on scientific grounds or on grounds relating to other legitimate factors which might arise from the deliberate release or the placing on the market of gmos . those grounds may be invoked individually or in combination , depending on the particular circumstances of the member state , region or area in which those measures will apply .


### in addition , and only where the notifier / applicant has refused to adjust the geographical scope of the notification / application of a gmo as requested by a member state , there should be the possibility for that member state to adopt reasoned measures restricting or prohibiting the cultivation of that gmo once authorised in all or part of its territory , on the basis of grounds distinct from those assessed according to the harmonized set of union rules , that is directive 2001 / 18 / ec and regulation no 1829 / 2003 , which are in conformity with union law . those grounds may be related to environmental or agricultural policy objectives , or other compelling grounds such as town and country planning , land use , socio - economic impacts , co - existence and public policy . those grounds may be invoked individually or in combination , depending on the particular circumstances of the member state , region or area in which those measures will apply . ### without prejudice to the possibility of a member state requesting adjustment of the geographical scope of a notification / application , a member state should always have the possibility of acting as risk manager and adopting reasoned measures restricting or prohibiting the cultivation of a gmo or of groups of gmos defined by crop or trait or of all gmos , in all or part of its territory , on the basis of grounds relating to the public interest , which are in conformity with union law . those grounds may be related to environmental or agricultural policy objectives , or other legitimate grounds such as the socio - economic consequences , if these factors are not covered under the harmonized procedure set out in part c of directive 2001 / 18 / ec , or the persistence of scientific uncertainty . these measures should be duly justified on the basis of scientific reasons or reasons relating to factors of health , economic , social and ethics that might arise from the deliberate release or placing on the market of gmos . those grounds may be invoked individually or in combination , depending on the particular circumstances of the member state , region or area in which those measures will apply .


### the level of protection of human or animal health and of the environment chosen in the union allows for a uniform scientific assessment throughout the union and this directive should not alter that situation . therefore , to avoid any interference with the competences which are granted to the risk assessors and risk managers under directive 2001 / 18 / ec and regulation no 1829 / 2003 , a member state should only use grounds related to environmental policy objectives which do not conflict with the assessment of risks to health and the environment which are assessed in the context of the authorisation procedures provided in directive 2001 / 18 / ec and in regulation no 1829 / 2003 , such as the maintenance of certain type of natural and landscape features , certain habitats and ecosystems , as well as specific ecosystem functions and services . ### the level of protection of human or animal health and of the environment chosen in the union cannot be diverged from by a member state , and this principle should be maintained . therefore , to avoid any interference with the competences which are granted to the risk assessors and risk managers under directive 2001 / 18 / ec and regulation no 1829 / 2003 , a member state should only use grounds in line with environmental policy objectives which complement the assessment of risks to health and the environment which are assessed in the context of the authorisation procedures provided in directive 2001 / 18 / ec and in regulation no 1829 / 2003 .


### on expiry of the 75 - day period referred to in the first subparagraph , and no later than two years after the date that the consent / authorisation is granted , the member state concerned may adopt the measures either in the form originally proposed , or as amended to take account of any comments received from the commission . those measures shall be communicated to the commission , the other member states and the notifier / applicant without delay . ### on expiry of the 90 - day period referred to in the first subparagraph , the member state concerned may adopt the measures either in the form originally proposed , or as amended to take account of any comments received from the commission . those measures shall be communicated to the commission , the other member states and the notifier / applicant without delay .


### where the application is pending and the notifier / applicant has explicitly or tacitly agreed to such a request within 30 days from the communication of that request , the geographical scope of the notification / application shall be adjusted accordingly . the written consent issued under this directive and , where applicable , the decision issued in accordance with article 19 as well as the decision of authorisation adopted under articles 7 and 19 of regulation no 1829 / 2003 shall be issued on the basis of the adjusted geographical scope of the notification / application as explicitly or tacitly agreed by the notifier / applicant . ### where the application is pending and the commission has accepted the request of the member state , duly communicating it to the notifier / applicant , to adjust the geographical scope , the effects of that adjustment shall be produced before the entry into force of the written consent issued under this directive .


### article 3 of council regulation no 1096 / 20106 provides that the head of the secretariat of the esrb is to be appointed by the ecb , in consultation with the general board of the esrb . to raise the profile of the head of secretariat of the esrb , the general board of the esrb should assess , in an open and transparent procedure , whether the shortlisted candidates for the position of head of secretariat of the esrb possess the qualities and experience necessary to manage the esrb secretariat . the general board should inform the european parliament and the council about the assessment procedure . furthermore , the tasks of the head of the esrb secretariat should be clarified . _________________ 6 council regulation no 1096 / 2010 of 17 november 2010 conferring specific tasks upon the european central bank concerning the functioning of the european systemic risk board . ### article 3 of council regulation no 1096 / 20106 provides that the head of the secretariat of the esrb is to be appointed by the ecb , in consultation with the general board of the esrb . to raise the profile of the head of secretariat of the esrb , the general board of the esrb should assess , in an open and transparent procedure , whether the shortlisted candidates for the position of head of secretariat of the esrb possess the qualities and experience necessary to manage the esrb secretariat . the general board should inform the european parliament and the council about the assessment procedure . this would maintain the link with the ecb and ensure the secretariat head’s accountability to the general board . furthermore , the tasks of the head of the esrb secretariat should be clarified , especially since the assignment of a more important role to the head of the esrb secretariat could help increase the impact and effectiveness of warnings and recommendations . _________________ 6 council regulation no 1096 / 2010 of 17 november 2010 conferring specific tasks upon the european central bank concerning the functioning of the european systemic risk board .


### the following points and are inserted : ‘ the chair of the supervisory board of the ecb ; the chair of the single resolution board ; ” ; ### deleted


### in paragraph 2 the first sentence is replaced by the following : “warnings or recommendations issued by the esrb in accordance with points and of article 3 may be of either a general or a specific nature and shall be addressed in particular to the union , to one or more member states , to one or more of the esas or to one or more of the national competent authorities , or to the ecb for the tasks conferred to the ecb in accordance with articles 4 , 4 and 5 of regulation no 1024 / 2013 . ” ; ### in paragraph 2 the first sentence is replaced by the following : “warnings or recommendations issued by the esrb in accordance with points and of article 3 shall be accompanied by an adequate and comprehensive statement of grounds and may be of either a general or a specific nature and shall be addressed in particular to the union , to one or more member states , to one or more of the esas or to one or more of the national competent authorities , or to the ecb for the tasks conferred to the ecb in accordance with articles 4 , 4 and 5 of regulation no 1024 / 2013 . ”


### increasing the threshold up to eur 10 , 000 would be particularly beneficial for small and medium enterprises , which are currently discouraged from considering court action because under national ordinary or simplified procedures the costs of litigation are disproportionate to the value of the claim and / or the judicial proceedings are too lengthy . raising the threshold would improve access to an effective and cost efficient judicial remedy for cross - border disputes involving small and medium enterprises . increased access to justice would enhance the trust in cross - border transactions and contribute to the fullest use of the opportunities offered by the internal market . ### increasing the threshold up to eur 4 , 000 would be particularly beneficial for natural persons and small and medium enterprises , which are currently discouraged from considering court action because under national ordinary or simplified procedures the costs of litigation are disproportionate to the value of the claim and / or the judicial proceedings are too lengthy . raising the threshold would improve access to an effective and cost efficient judicial remedy for cross - border disputes involving natural persons and small and medium enterprises . increased access to justice would enhance the trust in cross - border transactions and contribute to the fullest use of the opportunities offered by the internal market .


### increasing the threshold up to eur 10 , 000 would be particularly beneficial for small and medium enterprises , which are currently discouraged from considering court action because under national ordinary or simplified procedures the costs of litigation are disproportionate to the value of the claim and / or the judicial proceedings are too lengthy . raising the threshold would improve access to an effective and cost efficient judicial remedy for cross - border disputes involving small and medium enterprises . increased access to justice would enhance the trust in cross - border transactions and contribute to the fullest use of the opportunities offered by the internal market . ### increasing the threshold up to eur 10 , 000 for claims pursued against a legal person would be particularly beneficial for small and medium enterprises , which are currently discouraged from considering court action because under national ordinary or simplified procedures the costs of litigation are disproportionate to the value of the claim and / or the judicial proceedings are too lengthy . raising the threshold would improve access to an effective and cost efficient judicial remedy for cross - border disputes involving small and medium enterprises . increased access to justice would enhance the trust in cross - border transactions and contribute to the fullest use of the opportunities offered by the internal market . in this regulation the term of ' legal person ' shall be defined so as to cover a group of persons who associate or a group of things which are appropriated to achieve a lawful purpose and are endowed with legal personality in accordance with the law of the member state in which they are domiciled . or : in this regulation the term of ' legal person ' should be defined so as to cover a group of persons who associate or a group of things which are appropriated to achieve a lawful purpose and are endowed with legal personality in accordance with the rules of jurisdiction established in council regulation no 44 / 2001 of 22 december 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters .


### oral hearings as well as taking of evidence by means of hearings of witnesses , experts or parties , should be carried out by distance means of communication . this should not affect the right of a party to the proceedings to appear in court for the oral hearing . in the context of oral hearings and the taking of evidence , the member states should use modern , distance means of communication enabling persons to be heard without the need to travel to the court or tribunal . where the person heard is domiciled in a member state other than the member state where the court seised is located , oral hearings should be organised in accordance with the rules set out in council regulation no 1206 / 200117 . where the party to be heard is domiciled in the member state where the court or tribunal with jurisdiction is located or in a third country , an oral hearing may be held through videoconference , teleconference or other appropriate distance communication technology in accordance with national law . a party should always be entitled to appear in court at an oral hearing if that party so requests . the court or tribunal should use the simplest and least costly method of taking evidence . __________________ 17 council regulation no 1206 / 2001 of 28 may 2001 on cooperation between the courts of the member states in the taking of evidence in civil or commercial matters . ### oral hearings as well as taking of evidence by means of hearings of witnesses , experts or parties , should be carried out by distance means of communication . this should not affect the right of a party to the proceedings to appear in court for the oral hearing . in the context of oral hearings and the taking of evidence , the member states should use modern , distance means of communication enabling persons to be heard without the need to travel to the court or tribunal . where the person heard is domiciled in a member state other than the member state where the court seised is located , oral hearings should be organised in accordance with the rules set out in council regulation no 1206 / 200117 . where the party to be heard is domiciled in the member state where the court or tribunal with jurisdiction is located or in a third country , an oral hearing may be held through videoconference , teleconference or other appropriate distance communication technology in accordance with national law . a party so requesting should always have the right to appear and be heard or have a witness appear and be heard before the court . the court or tribunal should use the simplest and least costly method of taking evidence . __________________ 17 council regulation no 1206 / 2001 of 28 may 2001 on cooperation between the courts of the member states in the taking of evidence in civil or commercial matters .


### the payment of court fees should not require the claimant to travel or hire a lawyer for this purpose . as a minimum , bank transfers and credit or debit card on - line payment systems should be accepted by all courts and tribunals with jurisdiction in european small claims procedures . ### the payment of court fees should not require the claimant to travel or hire a lawyer for this purpose . as a minimum , bank transfers and credit and debit card on - line payment systems should be accepted by all courts and tribunals with jurisdiction in european small claims procedures .


### this regulation shall apply to civil and commercial matters , whatever the nature of the court or tribunal , where the value of a claim does not exceed eur 10 , 000 at the time when the claim form is received by the court or tribunal with jurisdiction , excluding all interest , expenses and disbursements . it shall not extend , in particular , to revenue , customs or administrative matters or to the liability of the state for acts and omissions in the exercise of state authority . ### this regulation shall apply to civil and commercial matters , whatever the nature of the court or tribunal , where the value of a claim pursued against a legal person does not exceed eur 10 , 000 or a claim pursued against a natural person does not exceed eur 5 , 000&#160 ; at the time when the claim form is received by the court or tribunal with jurisdiction , excluding all interest , expenses and disbursements . it shall not extend , in particular , to revenue , customs or administrative matters or to the liability of the state for acts and omissions in the exercise of state authority .


### this regulation shall apply to civil and commercial matters , whatever the nature of the court or tribunal , where the value of a claim does not exceed eur 10 , 000 at the time when the claim form is received by the court or tribunal with jurisdiction , excluding all interest , expenses and disbursements . it shall not extend , in particular , to revenue , customs or administrative matters or to the liability of the state for acts and omissions in the exercise of state authority . ### this regulation shall apply to civil and commercial matters , whatever the nature of the court or tribunal , where the value of a claim does not exceed eur 10 , 000 , in the case of a claim against a natural person , or eur 15 , 000 in the case of a claim against a legal person or entity assimilated to a legal person , at the time when the claim form is received by the court or tribunal with jurisdiction , excluding all interest , expenses and disbursements . it shall not extend to revenue , customs or administrative matters or to the liability of the state for acts and omissions in the exercise of state authority .


### the court shall inform the claimant of such dismissal . ### the court which ruled on the substance of the small claim shall inform the claimant of such dismissal and of the possible means of appealing against the decision taken .


### member states shall ensure that the standard claim form a is available in paper form at all courts and tribunals at which the european small claims procedure can be commenced , as well as in electronic form on the websites of those courts or of the relevant central authority . ### member states shall ensure that all courts and tribunals at which the european small claims procedure can be commenced meet their obligation to provide citizens , through the competent services , with the standard claim form a in paper form , and that it is available at all courts and tribunals at which the european small claims procedure can be commenced , as well as in electronic form on the websites of those courts or of the relevant central authority .


### an oral hearing shall be held through videoconference , teleconference or other appropriate distance communication technology in accordance with council regulation no 1206 / 2001 where the party to be heard is domiciled in a member state other than the member state of the court or tribunal with jurisdiction . ### where an oral hearing is held , it shall be executed by making use of any appropriate distance communication technology , such as videoconference where such technology is available to the court or tribunal with jurisdiction .


### an oral hearing shall be held through videoconference , teleconference or other appropriate distance communication technology in accordance with council regulation no 1206 / 2001 where the party to be heard is domiciled in a member state other than the member state of the court or tribunal with jurisdiction . ### an oral hearing shall be held through videoconference , teleconference or other appropriate distance communication technology in accordance with council regulation no 1206 / 2001 where the party to be heard is domiciled in a member state other than the member state of the court or tribunal with jurisdiction provided that such technical means are available .


### a party shall always be entitled to appear before the court or tribunal and be heard in person if that party so requests . ' ### a party shall always be entitled to appear before the court or tribunal and be heard in person or have a witness appear and be heard before the court or tribunal in person if that party so requests .


### the documents mentioned in article 5 and 7 shall be served by postal or by electronic means attested by an acknowledgment of receipt including the date of receipt . documents shall be served electronically only on a party who expressly accepted in advance that documents may be served electronically . service by electronic means can be attested by an automatic confirmation of delivery . ### the documents mentioned in article 5 and 7 shall be served by postal or by electronic means attested by an acknowledgment of receipt including the date of receipt . the technical procedure followed must be such that abuse is avoided and confidentiality guaranteed . documents shall be served electronically only on a party who expressly accepted in advance that documents may be served electronically . service by electronic means can be attested by an automatic confirmation of delivery .


### the documents mentioned in article 5 and 7 shall be served by postal or by electronic means attested by an acknowledgment of receipt including the date of receipt . documents shall be served electronically only on a party who expressly accepted in advance that documents may be served electronically . service by electronic means can be attested by an automatic confirmation of delivery . ### the documents mentioned in article 6 and a judgment given in accordance with article 7 shall be served by postal or by electronic means attested by an acknowledgment of receipt including the date of receipt . documents shall be served by postal service or by electronic means where such means are technically available and admissible under the procedural rules of the member state in which the european small claims procedure is conducted or , in the event that the two member states are different , of the member state in which the addressee is domiciled or habitually resident ; and where the party to be served has expressly accepted in advance that documents may be served on him by electronic means or is , in accordance with the procedural rules of the member state in which the addressee is domiciled or habitually resident , under a legal obligation to accept that specific method of service . the service shall be attested by an acknowledgement of receipt including the date of receipt .


### the member states shall ensure that the parties can pay the court fees by means of distance payment methods , including bank transfer and credit or debit card on - line payment system . ### the member states shall ensure two years after entry into force of the regulation that the parties can pay the court fees by means of distance payment methods , including bank transfer , credit and debit card on - line payment system .


### the communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions entitled ' the future of food and farming ' of 29 november 2017 sets out the challenges , objectives and orientations for the future common agricultural policy after 2020 . these objectives include , inter alia , the need for the cap to be more result - driven , to boost modernisation and sustainability , including the economic , social , environmental and climate sustainability of the agricultural , forestry and rural areas , and to help reducing the union legislation - related administrative burden for beneficiaries . ### the communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions entitled ' the future of food and farming ' of 29 november 2017 sets out the challenges , objectives and orientations for the future common agricultural policy after 2020 . these objectives include , inter alia , the need for the cap to be more result - driven , to boost modernisation and sustainability , including the economic , social , environmental and climate sustainability of the agricultural , forestry and rural areas , to contribute to enhancing global food security and to help reducing the union legislation - related administrative burden for beneficiaries . the communication also stresses the global dimension of the cap and states the union ' s commitment to enhance policy coherence for sustainable development .