### the first reference year is the year in which this regulation enters into force . ### the first reference year is the year following the year of entry into force of this regulation .


### in the first data transmission , member states shall include annual data from 2013 to the first reference year . ### in the first data transmission , member states shall include annual data from 2014 to the first reference year .


### in order to meet user needs for complete and timely datasets , the commission shall produce , as soon as sufficient country data becomes available , estimates for the eu - 27 totals for the main aggregates of this module . the commission shall , wherever possible , produce and publish estimates for data that have not been transmitted by member states within the deadline specified in point 2 . ### in order to meet user needs for complete and timely datasets , the commission shall produce , as soon as sufficient country data becomes available , estimates for the eu - 28 totals for the main aggregates of this module . the commission shall , wherever possible , produce and publish estimates for data that have not been transmitted by member states within the deadline specified in point 2 .


### decision no xxx of the european parliament and of the council of xxx 2013 laying down the seventh community environment action programme1 provides that sound information on the key trends , pressures and drivers for environmental change is essential for the development of effective policy , its implementation , and the empowerment of citizens more generally . instruments should be developed with a view to enhancing public awareness of the environmental effects of economic activity . __________________ 1 oj l xxx . ### decision no xxx of the european parliament and of the council of xxx 2013 laying down the seventh community environment action programme1 provides that sound information on the key trends , pressures and drivers for environmental change is essential for the development of effective policy , its implementation , and the empowerment of citizens more generally . instruments should be developed with a view to enhancing public awareness of the environmental effects of economic activity . it is important that the data are made available in a comprehensible and accessible form and published together with conventional economic data , such as gdp . __________________ 1 oj l xxx .


### in providing this information , companies may rely on national frameworks , eu - based frameworks such as the eco - management and audit scheme , and international frameworks such as the united nations global compact , the guiding principles on business and human rights implementing the un ‘ protect , respect and remedy’ framework , the organisation for economic co - operation and development guidelines for multinational enterprises , the international organisation for standardisation 26000 , the international labour organization tripartite declaration of principles concerning multinational enterprises and social policy , and the global reporting initiative . ### in providing this non - financial information companies should rely as minimum on the guiding principles on business and human rights implementing the united nations ' protect , respect and remedy ' framework and the organisation for economic co - operation and development guidelines for multinational enterprises . the companies may additionally rely also on national , eu - based or international frameworks and , if so , should specify which frameworks they have relied upon . as the plethora of different reporting frameworks undermine the comparability of non - financial information at the same time as the different reporting frameworks may lead to increased costs of compliance to the companies , especially smes , it would be beneficial for the union to legislate a clear set of non - financial reporting criteria . this common union reporting framework would ensure consistent application across the single market and level playing field for economic operators . the commission should develop this criteria , including appropriate key performance indicators , on the basis of existing international frameworks referred to in the first subparagraph , and should propose legislation to this effect by the end of 2018 the latest . with this legislation , the commission should propose for this criteria to become binding .


### a description of the company ' s diversity policy for its administrative , management and supervisory bodies with regard to aspects such as age , gender , geographical diversity , educational and professional background , the objectives of this diversity policy , how it has been implemented and the results in the reporting period . if the company has no such policy , the statement shall contain a clear and reasoned explanation as to why this is the case . ### a description of the company ' s diversity policy for its administrative , management and supervisory bodies with regard to gender and other aspects such as age , geographical diversity , disability , educational and professional background , the objectives of this diversity policy , how it has been implemented and the results in the reporting period . if the company has no such policy , the statement shall contain a clear and reasoned explanation as to why this is the case .


### in providing such information the consolidated annual report may rely on national , eu - based or international frameworks and if so , shall specify which frameworks it has relied upon . ### in providing such information the consolidated annual report shall rely on the guidelines for the application of the measures of this directive relating to the non - financial statement , as from one year after their adoption . before that time , the consolidated annual report shall rely as minimum on the guiding principles on business and human rights implementing the united nations ' protect , respect and remedy ' framework and the organisation for economic co - operation and development guidelines for multinational enterprises . the the consolidated annual report may additionally rely also on national , eu - based or international frameworks and , if so , shall specify which frameworks it has relied upon .


### in providing this information , companies may rely on national frameworks , eu - based frameworks such as the eco - management and audit scheme , and international frameworks such as the united nations global compact , the guiding principles on business and human rights implementing the un ‘ protect , respect and remedy’ framework , the organisation for economic co - operation and development guidelines for multinational enterprises , the international organisation for standardisation 26000 , the international labour organization tripartite declaration of principles concerning multinational enterprises and social policy , and the global reporting initiative . ### in providing non financial - information companies should rely on the guidelines adopted by means of delegated acts by the european commission . before these guidelines are available , companies should rely as minimum on the guiding principles on business and human rights implementing the united nations ' protect , respect and remedy ' framework and the organisation for economic co - operation and development guidelines for multinational enterprises . the companies may additionally rely also on national , eu - based or international frameworks and , if so , should specify which frameworks they have relied upon .


### the obligation to disclose their diversity policies for their administrative , management and supervisory bodies with regard to aspects such as age , gender , geographical diversity , educational and professional background should only apply to large listed companies . therefore small and medium - sized companies that may be exempted from certain accounting obligations under article 27 of directive 78 / 660 / eec should not be covered to by this obligation . disclosure of the diversity policy should be part of the corporate governance statement , as laid down by article 46a of directive 78 / 660 / eec . companies not having a such a diversity policy should not be obliged to put one in place , but they should clearly explain why this is the case . ### the obligation to disclose their diversity policies for their administrative , management and supervisory bodies with regard to gender and other aspects such as age , geographical diversity , disability , educational and professional background should only apply to large listed companies . therefore small and medium - sized companies that may be exempted from certain accounting obligations under article 27 of directive 78 / 660 / eec should not be covered to by this obligation . disclosure of the diversity policy should be part of the corporate governance statement , as laid down by article 46a of directive 78 / 660 / eec . companies not having a such a diversity policy should not be obliged to put one in place , but they should clearly explain why this is the case .


### a description of the company ' s diversity policy for its administrative , management and supervisory bodies with regard to aspects such as age , gender , geographical diversity , educational and professional background , the objectives of this diversity policy , how it has been implemented and the results in the reporting period . if the company has no such policy , the statement shall contain a clear and reasoned explanation as to why this is the case . ### a description of the company ' s diversity policy for its administrative , management and supervisory bodies with regard to gender and other aspects such as age , geographical diversity , educational and professional background , the objectives of this diversity policy , how it has been implemented and the results in the reporting period .


### the obligation to disclose their diversity policies for their administrative , management and supervisory bodies with regard to aspects such as age , gender , geographical diversity , educational and professional background should only apply to large listed companies . therefore small and medium - sized companies that may be exempted from certain accounting obligations under article 27 of directive 78 / 660 / eec should not be covered to by this obligation . disclosure of the diversity policy should be part of the corporate governance statement , as laid down by article 46a of directive 78 / 660 / eec . companies not having a such a diversity policy should not be obliged to put one in place , but they should clearly explain why this is the case . ### the obligation to disclose their diversity policies for their administrative , management and supervisory bodies with regard to gender and other aspects such as age , geographical diversity , educational and professional background should only apply to large listed companies . therefore small and medium - sized companies that may be exempted from certain accounting obligations under article 27 of directive 78 / 660 / eec should not be covered to by this obligation . disclosure of the diversity policy should be part of the corporate governance statement , as laid down by article 46a of directive 78 / 660 / eec . companies not having a such a diversity policy should not be obliged to put one in place , but they should clearly explain why this is the case .


### ' a worker ' means owner - managers of micro , small and medium - sized enterprises and self - employed workers and all members of the household active in the business , provided that , if farmers , they were already producing the output affected by the relevant trade agreement before the measures concerning the specific sector were implemented . ### ' a worker ' means owner - managers of micro , small and medium - sized enterprises and self - employed workers and all the members of the household that are declared to be active in the business , provided that they were already producing the output affected by the relevant trade agreement before the measures concerning the specific sector were implemented .


### a reasoned analysis of the link between the redundancies and the major structural changes in world trade patterns , or the serious disruption of the local , regional or national economy caused by an unexpected crisis , or the new market situation in the agricultural sector in the member state and resulting from the effects of a trade agreement initialled by the european union in accordance with article xxiv of the gatt or a multilateral agreement initialled within the world trade organisation as per article 2 . this analysis shall be based on statistical and other information at the most appropriate level to demonstrate the fulfilment of the intervention criteria set out in article 4 ; ### a reasoned analysis of the link between the redundancies and the major structural changes in world trade patterns , or the serious disruption of the local , regional or national economy caused by an unexpected crisis , or the new market situation in any sector in the member state and resulting from the effects of a trade agreement initialled by the european union in accordance with article xxiv of the gatt or a multilateral agreement initialled within the world trade organisation as per article 2 . this analysis shall be based on statistical and other information at the most appropriate level to demonstrate the fulfilment of the intervention criteria set out in article 4 ;


### regarding farmers , the scope of the egf should include beneficiaries affected by bilateral agreements concluded by the union in accordance with article xxiv of the gatt or multilateral agreements concluded within the world trade organisation . this covers farmers changing or adjusting their previous agricultural activities within a period starting upon initialling of such trade agreements and ending three years after their full implementation . ### regarding workers affected by international trade agreements , the scope of the egf should include beneficiaries affected by bilateral agreements concluded by the union in accordance with article xxiv of the gatt or multilateral agreements concluded within the world trade organisation . this covers farmers and other trade - displaced workers changing or adjusting their previous agricultural activities within a period starting upon initialling of such trade agreements and ending three years after their full implementation .


### a financial contribution may be made for active labour market measures that form part of a coordinated package of personalised services , designed to facilitate the re - integration of the targeted redundant workers into employment or self - employment or , in the case of farmers , to change or adjust their previous activities . the coordinated package of personalised services may include in particular : ### a financial contribution may be made for active labour market measures that form part of a coordinated package of personalised services , designed to facilitate the re - integration of the targeted redundant workers into employment or self - employment or , in the case of trade - displaced workers , including , where appropriate , farmers , to change or adjust their previous activities , preferably helping the transition to growing activities benefitting from trade liberalisation . the coordinated package of personalised services may include in particular :


### the aim of the egf shall be to contribute to economic growth and employment in the union by enabling the union to show solidarity towards workers made redundant as a result of major structural changes in world trade patterns due to globalisation , trade agreements affecting agriculture , or an unexpected crisis , and to provide financial support for their rapid reintegration into employment , or for changing or adjusting their agricultural activities . ### the aim of the egf shall be to contribute to economic growth and employment in the union by enabling the union to show solidarity towards workers made redundant as a result of major structural changes in world trade patterns due to globalisation , trade agreements seriously affecting union economic sectors , in particular agriculture , or an unexpected crisis , and to provide financial support for their rapid reintegration into employment , or for changing or adjusting their activities .


### workers changing or adjusting their previous agricultural activities during a period starting upon initialling of the trade agreement by the union containing trade liberalisation measures for the relevant agricultural sector and ending three years after the full implementation of these measures and provided that these trade measures lead to a substantial increase in union imports of an agricultural product or products accompanied by a significant decrease in prices of such products at the union or , where relevant , the national or regional level . ### workers , including farmers , changing or adjusting their previous activities or moving to another labour sector during a period starting upon initialling of the trade agreement by the union containing trade liberalisation measures for the relevant agricultural sector and ending three years after the full implementation of these measures and provided that these trade measures lead to a substantial increase in union imports of an agricultural product or products accompanied by a significant decrease in prices of such products at the union or , where relevant , the national or regional level .


### as regards farmers , when , after a trade agreement is initialled and on the basis of the information , data and analyses available to it , the commission considers that the conditions for support in accordance with article 2 are likely to be met for a significant number of farmers , it shall adopt delegated acts in accordance with article 24 designating the eligible sectors or products , defining the affected geographical areas where appropriate , setting a maximum amount for potential support at union level , setting reference periods and eligibility conditions for farmers and eligibility dates for expenditure as well as establishing the deadline by which applications must be submitted and , if necessary , the content of these applications in accordance with article 8 . ### as regards trade - displaced workers , including , where appropriate , farmers , when , after a trade agreement is initialled and on the basis of the information , data and analyses available to it , the commission considers that the conditions for support in accordance with article 2 are likely to be met for a significant number of trade - displaced workers , including , where appropriate , farmers , it shall adopt delegated acts in accordance with article 24 designating the eligible sectors or products , defining the affected geographical areas where appropriate , setting a maximum amount for potential support at union level , setting reference periods and eligibility conditions for trade - displaced workers , including , where appropriate , farmers and eligibility dates for expenditure as well as establishing the deadline by which applications must be submitted and , if necessary , the content of these applications in accordance with article 8 .


### farmers changing or adjusting their previous agricultural activities following the initialling by the union of a trade agreement referred to in the delegated act taken in accordance with article 4 . ### trade - displaced workers , including , where appropriate , farmers changing or adjusting their previous agricultural activities following the initialling by the union of a trade agreement referred to in the delegated act taken in accordance with article 4 .


### directives 71 / 317 / eec , 71 / 347 / eec , 71 / 349 / eec , 74 / 148 / eec , 75 / 33 / eec , 76 / 765 / eec , 76 / 766 / eec and 86 / 217 / eec are repealed with effect from { 1 january 2010 } . ### directives 71 / 317 / eec , 71 / 347 / eec , 74 / 148 / eec , 75 / 33 / eec , 76 / 765 / eec , 76 / 766 / eec and 86 / 217 / eec are repealed with effect from 1 may 2014 .


### the repeal of the directives should not lead to any new barriers to the free movement or to additional administrative burdens . furthermore , while respecting the principles of proportionality and subsidiarity , there is no evidence of a common need for a higher level of consumer protection . ### the repeal of the directives should not lead to any new barriers to the free movement or to additional administrative burdens .


### member states shall adopt and publish , by { 31 december 2009 } at the latest , the laws , regulations and administrative provisions necessary to comply with this directive . they shall forthwith communicate to the commission the text of those provisions and a correlation table between those provisions and this directive . they shall apply those provisions from { 1 january 2010 } . ### member states shall adopt and publish , by { 30 april 2014 } , the laws , regulations and administrative provisions necessary to comply with this directive . they shall forthwith communicate to the commission the text of those provisions and a correlation table between those provisions and this directive . they shall apply those provisions from { 1 may 2014 } .


### directives 71 / 317 / eec , 71 / 347 / eec , 71 / 349 / eec , 74 / 148 / eec , 75 / 33 / eec , 76 / 765 / eec , 76 / 766 / eec and 86 / 217 / eec are repealed with effect from { 1 january 2010 } . ### directives 71 / 317 / eec , 71 / 347 / eec , 74 / 148 / eec , 75 / 33 / eec , 76 / 765 / eec , 76 / 766 / eec and 86 / 217 / eec are repealed with effect from 1 may 2013 .


### technical progress and innovation with regard to measuring instruments covered by the directives being repealed is ensured in practice either by the voluntary application of the international and european standards which have been developed or by the application of national provisions implementing such new specifications . furthermore , the free circulation within the internal market of all products concerned by them is ensured by the satisfactory application of articles 28 to 30 of the ec treaty and of the mutual recognition principle . ### technical progress and innovation with regard to measuring instruments covered by the directives being repealed will be ensured in practice either by the voluntary application of the international and european standards which have been developed or by the application of national provisions implementing such new specifications or in line with the principles of better law - making , by including additional provisions in directive 2004 / 22 / ec of the european parliament and of the council of 31 march 2004 on measuring instruments1 . furthermore , the free circulation within the internal market of all products concerned by them is ensured by the satisfactory application of articles 28 to 30 of the ec treaty and of the mutual recognition principle . 1 oj l 135 , 30 . 4 . 2004 , p . 1 .


### technical progress and innovation with regard to measuring instruments covered by the directives being repealed is ensured in practice either by the voluntary application of the international and european standards which have been developed or by the application of national provisions implementing such new specifications . furthermore , the free circulation within the internal market of all products concerned by them is ensured by the satisfactory application of articles 28 to 30 of the ec treaty and of the mutual recognition principle . ### technical progress and innovation with regard to measuring instruments covered by the directives being repealed will be ensured in practice either by the voluntary application of the international and european standards which have been developed or by the application of national provisions implementing such new specifications or by including additional provisions in directive 2004 / 22 / ec of the european parliament and of the council of 31 march 2004 on measuring instruments1 . furthermore , the free circulation within the internal market of all products concerned by them is ensured by the satisfactory application of articles 28 to 30 of the ec treaty and of the mutual recognition principle . oj l 135 , 30 . 4 . 2004 , p . 1 .


### member states shall adopt and publish , by { 31 december 2009 } at the latest , the laws , regulations and administrative provisions necessary to comply with this directive . they shall forthwith communicate to the commission the text of those provisions and a correlation table between those provisions and this directive . they shall apply those provisions from { 1 january 2010 } . ### member states shall adopt and publish , by 30 april 2013 at the latest , the laws , regulations and administrative provisions necessary to comply with this directive . they shall forthwith communicate to the commission the text of those provisions and a correlation table between those provisions and this directive . they shall apply those provisions from { 1 may 2013 } .


### directives 71 / 317 / eec , 71 / 347 / eec , 71 / 349 / eec , 74 / 148 / eec , 75 / 33 / eec , 76 / 765 / eec , 76 / 766 / eec and 86 / 217 / eec should therefore be repealed . ### directives 71 / 317 / eec , 71 / 347 / eec , 74 / 148 / eec , 75 / 33 / eec , 76 / 765 / eec , 76 / 766 / eec and 86 / 217 / eec should be repealed only after assessing whether the scope of directive 2004 / 22 / ec should be extended in order to include the measuring instruments covered by the directives to be repealed . the commission should carry out that assessment in parallel with its report on the implementation of directive 2004 / 22 / ec under article 25 thereof .


### for the purpose of ensuring that competent authorities are provided with adequate resources for the performance of official controls , the competent authorities shall collect fees to recover the costs they incur in relation to : ### for the purpose of ensuring that competent authorities are provided with adequate resources for the performance of official controls , the competent authorities may collect fees to recover , some or all of the costs they incur in relation to :


### laying down animal health requirements ; ### laying down animal health requirements , in particular those directly linked to operators ' compliance with animal health requirements ;


### the delegation of power referred to in articles 4 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 40 , 43 , 45 , 46 , 49 , 51 , 52 and , 56 , 60 , 62 , 69 , 75 and , 97 , 98 , 99 , 101 , 106 , 110 , 111 , 114 and 125 , the third subparagraph of article 132 , articles 133 , 138 and , 143 , 144 , 151 , 153 and 159 shall be conferred for an indeterminate period of time from the date of entry into force of this regulation . ### the delegation of power referred to in articles 4 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 40 , 43 , 45 , 46 , 49 , 51 , 52 and , 56 , 60 , 62 , 69 , 75 and , 97 , 98 , 99 , 101 , 106 , 110 , 111 , 114 and 125 , the third subparagraph of article 132 , articles 133 , 138 and , 143 , 144 , 151 , 153 and 159 shall be conferred for a period of seven years from the date of entry into force of this regulation .


### official controls shall be performed as much as possible in a manner that minimises the burden on the operators . ### official controls shall be performed as much as possible in a manner that minimises the burden on the operators . an independent appeal process should be available for operators who can reasonably claim , with evidence , to have suffered extensive and unnecessary burden .


### competent authorities shall be entitled to publish or make otherwise available to the public information about the rating of individual operators based on the outcome of official controls , provided that the following conditions are met : ### competent authorities shall be entitled to publish or make otherwise available to the public information about the rating of individual operators established on their territory based on the outcome of official controls , provided that the following conditions are met :


### mandatory fees ### fees


### during official controls and other official activities , operators shall assist the staff of the competent authorities in the accomplishment of their tasks . ### during official controls and other official activities , operators shall assist the staff of the competent authorities in the accomplishment of their control tasks .


### primary producers ' installations and other businesses , including their surroundings , premises , offices , equipment , installations and machinery , transport and their animals and goods ; ### operators ' installations , including their surroundings , premises , offices , equipment , installations and machinery , transport and their animals and goods ;


### where such checks are performed on animals they shall be carried out by an official veterinarian or under his supervision . ### where such checks are performed on animals or on products of animal origin , they shall be carried out by an official veterinarian or under his supervision .


### governing food and food safety , at any stage of production , the processing and distribution of food , including rules aimed at guaranteeing fair practices in trade and protecting consumer interests and information , and the manufacture and use of materials and articles intended to come into contact with food ; ### governing food and food safety , at any stage of production , the processing and distribution of food , including rules aimed at guaranteeing commercial quality and fair practices in trade and protecting consumer interests and information , and the manufacture and use of materials and articles intended to come into contact with food ;


### where provided for by the rules referred to in article 1 – any other person , who is authorised to sign official certificates by the competent authorities ; ### where provided for by the rules referred to in article 1 – any other person , who is authorised to issue and sign official certificates by the competent authorities ;


### by derogation from point of article 36 , competent authorities may designate the following as official laboratories irrespective of whether they fulfil the condition provided for in that point : ### by derogation from point of article 36 , competent authorities may designate the following as official laboratories , or laboratories acting under official supervision , irrespective of whether they fulfil the condition provided for in that point :


### after hearing the board , in its plenary session , the commission shall propose a list of candidates to the council for the appointment of the executive director and the deputy executive director . the council shall appoint the executive director and the deputy executive director after hearing the european parliament . ### after hearing the board , in its plenary session , the commission shall propose a list of candidates to the council and the european parliament for the appointment of the executive director and the deputy executive director . the council shall appoint the executive director and the deputy executive director after approval by the european parliament .


### if the executive director or the deputy executive director no longer fulfil the conditions required for the performance of their duties or have been guilty of serious misconduct , the council may , on a proposal from the commission and after hearing the european parliament , remove the executive director or the deputy executive director from office . ### if the executive director or the deputy executive director no longer fulfil the conditions required for the performance of their duties or have been guilty of serious misconduct , the council may , on a proposal from the commission and after obtaining the approval of the european parliament , remove the executive director or the deputy executive director from office .


### after hearing the board , in its plenary session , the commission shall propose a list of candidates to the council for the appointment of the executive director and the deputy executive director . the council shall appoint the executive director and the deputy executive director after hearing the european parliament . ### after hearing the board , in its plenary session , the commission shall propose a list of candidates to the council and the european parliament for the appointment of the executive director and the deputy executive director . the council shall appoint the executive director and the deputy executive director after obtaining the consent of the european parliament .


### the maternity leave stipulated in paragraph 1 shall include compulsory leave of at least six weeks after childbirth . the member states shall take the necessary measures to ensure that workers within the meaning of article 2 are entitled to choose freely the time at which the non - compulsory portion of the maternity leave is taken , before or after childbirth . ### the maternity leave stipulated in paragraph 1 shall include leave of six weeks before and eight weeks after childbirth .


### member states shall take the necessary measures to ensure that additional leave is granted in the case of premature childbirth , children hospitalised at birth , children with disabilities and multiple births . the duration of the additional leave should be proportionate and allow the special needs of the mother and the child / children to be accommodated . ### member states shall take the necessary measures to ensure that in medically justified cases the period of maternity leave is extended . the duration of this leave should allow the special needs of the mother and the child / children to be accommodated . maternity leave should be extended by at least eight weeks after the birth of a disabled child .


### if a worker within the meaning of article 2 is dismissed during the period referred to in point 1 the employer must cite duly substantiated grounds for her dismissal in writing . if the dismissal occurs within six months following the end of maternity leave as provided for in article 8 , the employer must cite duly substantiated grounds for her dismissal in writing at the request of the worker concerned . ### if a worker within the meaning of article 2 is dismissed during the period referred to in point 1 or within six months following the end of maternity leave as provided for in article 8 , the employer must cite duly substantiated grounds for her dismissal in writing . this shall not affect the substantial provisions on dismissal under national law .


### the principle of the equality of union ' s citizens shall allow each institution to adopt corrective measures following the observation of a long lasting and significant imbalance between nationalities among officials which is not justified by objective criteria . these corrective measures shall never result in recruitment criteria other than those based on merit . before such corrective measures are adopted , the appointing authority of the institution concerned shall adopt general provisions for giving effect to this paragraph in accordance with article 110 . ### the principle of the equality of union ' s citizens shall allow each institution to adopt corrective measures following the observation of a long lasting and significant imbalance between nationalities or gender among officials which is not justified by objective criteria . these corrective measures shall never result in recruitment criteria other than those based on merit . before such corrective measures are adopted , the appointing authority of the institution concerned shall adopt general provisions for giving effect to this paragraph in accordance with article 110 .


### the principle of the equality of union ' s citizens shall allow each institution to adopt corrective measures following the observation of a long lasting and significant imbalance between nationalities among officials which is not justified by objective criteria . these corrective measures shall never result in recruitment criteria other than those based on merit . before such corrective measures are adopted , the appointing authority of the institution concerned shall adopt general provisions for giving effect to this paragraph in accordance with article 110 . ### without prejudice to articles 29 and 31 of these regulation , the principle of the equality of union ' s citizens shall allow each institution to adopt corrective measures following the observation of a long lasting and significant imbalance between nationalities among officials which is not justified by objective criteria . these corrective measures shall never result in recruitment criteria other than those based on merit . before such corrective measures are adopted , the appointing authority of the institution concerned shall adopt general provisions for giving effect to this paragraph in accordance with article 110 .


### all legislative measures implementing the decisions 2009 / 371 / jha and decision 2005 / 681 / jha are repealed with effect from the date of application of this regulation . ### all legislative measures implementing decision 2009 / 371 / jha are repealed with effect from the date of application of this regulation .


### four deputy executive directors , including one responsible for training , shall assist the executive director . the deputy executive director for training shall be responsible for managing the europol academy and its activities . the executive director shall define the tasks of the others . ### three deputy executive directors shall assist the executive director . the executive director shall define the tasks of the others .


### europol , as established by this regulation , shall replace and succeed europol as established by decision 2009 / 371 / jha , and cepol as established by decision 2005 / 681 / jha . it should therefore be a legal successor of all their contracts , including employment contracts , liabilities and properties acquired . international agreements concluded by europol as established on the basis of decision 2009 / 371 / jha and cepol as established on the basis of decision 2005 / 681 / jha should remain in force , with the exception of the headquarters agreement concluded by cepol . ### europol , as established by this regulation , shall replace and succeed europol as established by decision 2009 / 371 / jha . it should therefore be a legal successor of all their contracts , including employment contracts , liabilities and properties acquired . international agreements concluded by europol as established on the basis of decision 2009 / 371 / jha should remain in force .


### data protection rules at europol should be strengthened and draw on the principles underpinning regulation no 45 / 200132 to ensure a high level of protection of individuals with regard to processing of personal data . as declaration 21 attached to the treaty recognizes the specificity of personal data processing in the law enforcement context , the data protection rules of europol should be autonomous and aligned with other relevant data protection instruments applicable in the area of police cooperation in the union , in particular convention no . 10833 and recommendation no r of the council of europe34 and council framework decision 2008 / 977 / jha on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters35 [ to be replaced by the relevant directive in force at the moment of adoption ] . ### data protection rules at europol should be strengthened and aligned with other relevant data protection instruments applicable to processing of personal data in the area of police cooperation in the european union to ensure a high level of protection of individuals with regard to processing of personal data . while decision 2009 / 371 / jha provides for a robust data protection regime for europol , it should be further elaborated to align europol with the requirements of the lisbon treaty , reflect the growing role of europol , improve the rights of data subjects and further enhance the trust between member states and europol which is necessary for a successful exchange of information . data protection rules at europol should be strengthened and draw on the principles underpinning regulation no 45 / 2001 [ 1 ] to ensure a high level of protection of individuals with regard to processing of personal data , as well as on other data protection principles , including accountability principle , data protection impact assessment , privacy by design and by default and notification of personal data breaches . as soon as the new data protection framework of the eu institutions and bodies will be adopted , it should be applicable to europol . as declaration 21 attached to the treaty acknowledges , the specific nature of the processing of personal data in the law enforcement context proves necessary that specific rules on the protection of personal data and the free movement of such data are established for europol based on article 16 of the treaty on the functioning of the european union and aligned with other relevant data protection instruments applicable in the area of police cooperation in the union , in particular convention no . 108 [ 2 ] and its additional protocol of 8 november 2001 and recommendation no r of the council of europe [ 3 ] and council framework decision 2008 / 977 / jha on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters [ 4 ] [ to be replaced by the relevant directive in force at the moment of adoption ] . transparency is a crucial part of data protection since it enables other data protection principles and rights to be exercised . to enhance transparency , europol should have transparent data protection policies that it should make easily publicly available setting out in an intelligible form and using clear and plain language the provisions regarding the processing of personal data and the means available for the exercise of the rights of data subjects , as well as publish a list of the international and cooperation agreements it has with third countries , union bodies and international organisations .


### each member of the management board shall be represented by an alternate member who shall be appointed on the basis of his / her experience in the management of public and private sector organisations and knowledge of national policy on training for law enforcement officers . the alternate member shall act as a member on any issues related to training of law enforcement officers . the alternate member shall represent the member in his / her absence . the member shall represent the alternate on any issues related to training of law enforcement officers in his / her absence . ### each member of the management board shall be represented by an alternate member who shall be appointed by the full member on the basis of the criteria set out in article 13 . the alternate member shall represent the member in his / her absence .


### europol shall support and strengthen action by the competent authorities of the member states and their mutual cooperation in preventing and combating serious crime affecting two or more member states , terrorism and forms of crime which affect a common interest covered by a union policy , as specified in annex 1 . ### europol shall support and strengthen action by the competent authorities of the member states and their mutual cooperation in preventing and combating organised crime , terrorism and other forms of serious crime , as specified in annex i and affecting two or more member states in such a way to require a common approach by the member states taking in account the scale , significance and consequences of the offences .


### europol , as established by this regulation , shall replace and succeed europol as established by decision 2009 / 371 / jha , and cepol as established by decision 2005 / 681 / jha . ### europol , as established by this regulation , shall replace and succeed europol as established by decision 2009 / 371 / jha .


### member states shall , via their national unit or a competent authority of a member state , in particular : supply europol with the information necessary for it to fulfil its objectives . this includes providing europol without delay with information relating to crime areas that are considered a priority by the union . it also includes providing a copy of bilateral or multilateral exchanges with another member state or member states in so far as the exchange refers to crime that falls under europol ' s objectives ; ### the national units shall : supply europol , on their own initiative , with the information and intelligence necessary for it to perform its functions , and respond to europol ' s requests for information , the supply of intelligence and advice ; without prejudice to the member states’ discharging the responsibilities incumbent upon them with regard to the maintenance of law and order and the safeguarding of internal security , a national unit shall not in any particular case be obliged to supply information or intelligence if that would entail : harming essential national security interests ; jeopardising the success of a current investigation or the safety of individuals ; or disclosing information relating to organisations or specific intelligence activities in the field of state security .


### large - scale criminal and terrorist networks pose a significant threat to the internal security of the union and to the safety and livelihood of its citizens . available threat assessments show that criminal groups are becoming increasingly poly - criminal and cross - border in their activities . national law enforcement authorities therefore need to cooperate more closely with their counterparts in other member states . in this context , it is necessary to equip europol to support member states more in union - wide crime prevention , analyses and investigations . this has also been confirmed in the evaluations of decisions 2009 / 371 / jha and 2005 / 681 / jha . ### large - scale criminal and terrorist networks pose a significant threat to the internal security of the union and to the safety and livelihood of its citizens . available threat assessments show that criminal groups are becoming increasingly poly - criminal and cross - border in their activities . national law enforcement authorities therefore need to cooperate more closely with their counterparts in other member states . in this context , it is necessary to equip europol to support member states more in union - wide crime prevention , analyses and investigations . this has also been confirmed in the evaluation of decision 2009 / 371 / jha .


### ensure effective communication and cooperation of all relevant competent authorities of the member states and training institutes for law enforcement officers within the member states , with europol ; ### ensure effective communication and cooperation of all relevant competent authorities with europol ;


### europol should maintain cooperative relations with other union bodies , law enforcement authorities and law enforcement training institutes of third countries , international organisations , and private parties to the extent required for the accomplishment of its tasks . ### europol should maintain cooperative relations with other union bodies , law enforcement authorities of third countries , international organisations , and private parties to the extent required for the accomplishment of its tasks .


### ‘ analysis’ means the assembly , processing or use of data with the aim of assisting criminal investigations ; ### ‘ analysis’ means the careful examination of information to discover its meaning and essential features with the aim of assisting criminal investigations and carrying out any of the other tasks listed in article 4 .


### having regard to the treaty on the functioning of the european union , and in particular article 88 and article 87 thereof , ### having regard to the treaty on the functioning of the european union , and in particular article 88 thereof ,


### europol , as established by this regulation , shall be the general legal successor in respect of all contracts concluded by , liabilities incumbent on , and properties acquired by europol , as established by decision 2009 / 371 / jha , and cepol , as established under decision 2005 / 681 / jha . ### europol , as established by this regulation , shall be the general legal successor in respect of all contracts concluded by , liabilities incumbent on , and properties acquired by europol , as established by decision 2009 / 371 / jha .


### ' the competent authorities of the member states ' means all police authorities and other law enforcement services existing in the member states which are responsible under national law for preventing and combating criminal offences ; ### ' the competent authorities of the member states ' means all authorities , existing in the member states which are responsible under national law for preventing and combating criminal offences falling within europol ' s remit ;


### member states shall have indirect access on the basis of a hit / no hit system to information provided for the purposes of article 24 , without prejudice to any restrictions indicated by the member states , union bodies and third countries or international organisations providing the information , in accordance with article 25 . in the case of a hit , europol shall initiate the procedure by which the information that generated the hit may be shared , in accordance with the decision of the member state that provided the information to europol . ### member states shall have indirect access on the basis of a hit / no hit system to information provided for the purposes of article 24 , without prejudice to any restrictions indicated by the member states , union bodies and third countries or international organisations providing the information , in accordance with article 25 . in the case of a hit , europol shall inform the member state which provided the information and initiate the procedure by which the information that generated the hit may be shared , in accordance with the decision of the member state in question .


### access to european union classified information and sensitive non - classified information shall be in compliance with the basic principles and minimum standards as referred to in article 69 . the details shall be governed by a working arrangement concluded between europol and the european parliament . ### access to european union classified information and sensitive non - classified information shall be in compliance with the rules governing the treatment of confidential information by the european parliament . further details may be governed by a working arrangement concluded between europol and the european parliament .


### ‘ recipient’ means a natural or legal person , public authority , agency or any other body to whom data are disclosed , whether a third party or not ; however , authorities which may receive data in the framework of a particular inquiry shall not be regarded as recipients ; ### ‘ recipient’ means a natural or legal person , public authority , agency or any other body to whom data are disclosed , whether a third party or not ;


### to ensure effective cooperation between europol and member states , a national unit should be set up in each member state . it should be the principal liaison between national law enforcement authorities and training institutes and europol . to ensure continuous , effective exchange of information between europol and national units and to facilitate their cooperation , each national unit should second at least one liaison officer to europol . ### to ensure effective cooperation between europol and member states , a national unit should be set up in each member state . the role of the national europol units as guarantors and defenders of national interests in the agency should be maintained under the regulation . national units should also continue to be the contact point between europol and the competent authorities , thereby giving them a centralised and coordinating role in respect of all member state cooperation with and through europol , and thus ensuring that each member state responds in a uniform way to europol requests . to ensure continuous , effective exchange of information between europol and national units and to facilitate their cooperation , each national unit should second at least one liaison officer to europol .


### europol may directly cooperate with competent authorities of the member states in respect of individual investigations . in that case , europol shall inform the national unit without delay and provide a copy of any information exchanged in the course of direct contacts between europol and the respective competent authorities . ### europol may directly cooperate with competent authorities of the member states in the framework of individual investigations being carried out by those authorities provided that this direct contact represents added value with a view to the successful conclusion of the investigation . europol shall inform the national unit of the need for such contact in advance and shall provide , as soon as possible , a copy of the information exchanged through these direct contacts .


### europol , as established by this regulation , shall replace and succeed europol as established by decision 2009 / 371 / jha , and cepol as established by decision 2005 / 681 / jha . it should therefore be a legal successor of all their contracts , including employment contracts , liabilities and properties acquired . international agreements concluded by europol as established on the basis of decision 2009 / 371 / jha and cepol as established on the basis of decision 2005 / 681 / jha should remain in force , with the exception of the headquarters agreement concluded by cepol . ### europol , as established by this regulation , shall replace and succeed europol as established by decision 2009 / 371 / jha . it should therefore be a legal successor of all their contracts , including employment contracts , liabilities and properties acquired . international agreements concluded by europol as established on the basis of decision 2009 / 371 / jha should remain in force .


### the european data protection supervisor and national supervisory authorities should co - operate with each other on specific issues requiring national involvement and to ensure coherent application of this regulation throughout the union . ### the european data protection supervisor and national supervisory authorities should supervise europol operational data in a coordinated manner to ensure an effective and coherent application of this regulation throughout the union .


### preparing an anti - fraud strategy for europol and presenting it to the management board for approval ; ### preparing an anti - fraud strategic analysis for europol and presenting it to the management board for approval ;


### in so far as necessary for the performance of its tasks , europol may establish and maintain cooperative relations with the union bodies in accordance with the objectives of those bodies , the law enforcement authorities of third countries , law enforcement training institutes of third countries , international organisations and private parties . ### in so far as necessary for the performance of its tasks , europol may establish and maintain cooperative relations with the union bodies in accordance with the objectives of those bodies , the law enforcement authorities of third countries , international organisations and private parties .


### ensure adequate follow - up to findings and recommendations stemming from the internal or external audit reports and evaluations , as well as from investigations of the european anti - fraud office ; ### ensure adequate follow - up to findings and recommendations stemming from the internal or external audit reports and evaluations , as well as from investigations of the european anti - fraud office and the european data protection supervisor ;


### adopt rules for the prevention and management of conflicts of interest in respect of its members , as well as members of the scientific committee for training ; ### adopt rules for the prevention and management of conflicts of interest in respect of its members ;


### conduct inquiries either on his / her own initiative or on the basis of a complaint , and inform the data subjects of the outcome within a reasonable period ; ### conduct inquiries either on its own initiative or on the basis of a complaint , and inform the data subjects of the outcome within a reasonable period ;


### europol shall support and strengthen action by the competent authorities of the member states and their mutual cooperation in preventing and combating serious crime affecting two or more member states , terrorism and forms of crime which affect a common interest covered by a union policy , as specified in annex 1 . ### europol shall support and strengthen action by the competent authorities of the member states and their mutual cooperation in preventing and combating organised crime , terrorism and other forms of serious crime , as specified in annex i and affecting two or more member states in such a way to require a common approach by the member states taking in account the scale , significance and consequences of the offences .


### the management board should be given the necessary powers , in particular to set the budget , verify its execution , adopt the appropriate financial rules and planning documents , establish transparent working procedures for decision - making by the executive director of europol , and adopt the annual activity report . it should exercise the powers of appointing authority towards staff of the agency including the executive director . to streamline the decision making process , and to reinforce supervision of administrative and budgetary management , the management board should be also entitled to establish an executive board . ### the management board should be given the necessary powers , in particular to set the budget , verify its execution , adopt the appropriate financial rules and planning documents , establish transparent working procedures for decision - making by the executive director of europol , and adopt the annual activity report . it should exercise the powers of appointing authority towards staff of the agency including the executive director .


### four deputy executive directors , including one responsible for training , shall assist the executive director . the deputy executive director for training shall be responsible for managing the europol academy and its activities . the executive director shall define the tasks of the others . ### three deputy executive directors shall assist the executive director . the executive director shall define the tasks of the others .


### decisions 2009 / 371 / jha and 2005 / 681 / jha should therefore be repealed and replaced by this regulation , which draws on the lessons learnt from the implementation of both decisions . europol as established by this regulation should replace and assume the functions of europol and cepol as established by the two repealed decisions . ### decision 2009 / 371 / jha should therefore be repealed and replaced by this regulation , which draws on the lessons learnt from the implementation of the decision . the europol agency as established by this regulation should replace and assume the functions of europol as established by the repealed decision .


### data protection rules at europol should be strengthened and draw on the principles underpinning regulation no 45 / 200132 to ensure a high level of protection of individuals with regard to processing of personal data . as declaration 21 attached to the treaty recognizes the specificity of personal data processing in the law enforcement context , the data protection rules of europol should be autonomous and aligned with other relevant data protection instruments applicable in the area of police cooperation in the union , in particular convention no . 10833 and recommendation no r of the council of europe34 and council framework decision 2008 / 977 / jha on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters35 [ to be replaced by the relevant directive in force at the moment of adoption ] . ### data protection rules at europol should be strengthened and aligned with other relevant data protection instruments applicable to processing of personal data in the area of police cooperation in the european union . while decision 2009 / 371 / jha provides for a robust data protection regime for europol , it should be further elaborated to align europol with the requirements of the lisbon treaty , reflect the growing role of europol , improve the rights of data subjects and further enhance the trust between member states and europol which is necessary for a successful exchange of information . data protection rules at europol should be strengthened and draw on the principles underpinning regulation no 45 / 2001 to ensure a high level of protection of individuals with regard to processing of personal data . as declaration 21 attached to the treaty acknowledges , the specific nature of the processing of personal data the law enforcement context proves necessary that specific rules on the protection of personal data and the free movement of such data are established for europol based on article 16 of the treaty on the functioning of the european union and aligned with other relevant data protection instruments applicable in the area of police cooperation in the union , in particular convention no . 108 and its additional protocol of 8 november 2001 and recommendation no r of the council of europe and council framework decision 2008 / 977 / jha on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters [ to be replaced by the relevant directive in force at the moment of adoption ] .


### member states shall , via their national unit or a competent authority of a member state , in particular : supply europol with the information necessary for it to fulfil its objectives . this includes providing europol without delay with information relating to crime areas that are considered a priority by the union . it also includes providing a copy of bilateral or multilateral exchanges with another member state or member states in so far as the exchange refers to crime that falls under europol ' s objectives ; ### the national units shall : supply europol , on their own initiative , with the information and intelligence necessary for it to perform its functions , and respond to europol ' s requests for information , the supply of intelligence and advice ; without prejudice to the member states’ discharging the responsibilities incumbent upon them with regard to the maintenance of law and order and the safeguarding of internal security , a national unit shall not in any particular case be obliged to supply information or intelligence if that would entail : harming essential national security interests ; jeopardising the success of a current investigation or the safety of individuals ; or disclosing information relating to organisations or specific intelligence activities in the field of state security .


### the term of office for members and alternate members shall be four years . that term shall be extendable . upon expiry of their term of office or in the event of their resignation , members shall remain in office until their appointments are renewed or until they are replaced . ### the term of office for members and alternate members shall be determined by the period assigned to them by the designating member state .


### each member state shall establish or designate a national unit which shall be the liaison body between europol and the competent authorities in member states as well as with training institutes for law enforcement officers . each member state shall appoint an official as the head of the national unit . ### each member state shall establish a national unit which shall be the liaison body between europol and the designated competent authorities in member states . each member state shall designate a head of the national unit .


### access to personal data shall be refused or restricted , if it constitutes a necessary measure to : ### the provision of information in response to a request under paragraph 1 shall be refused to the extent that such partial or complete refusal is a necessary measure to :


### this regulation replaces and repeals decision 2009 / 371 / jha and decision 2005 / 681 / jha . references to the replaced decisions shall be construed as references to this regulation . ### this regulation replaces and repeals decision 2009 / 371 / jha . references to the replaced decision shall be construed as references to this regulation .


### the executive director shall be appointed by the management board , from a list of candidates proposed by the commission , following an open and transparent selection procedure . for the purpose of concluding the contract with the executive director , europol shall be represented by the chairperson of the management board . before appointment , the candidate selected by the management board may be invited to make a statement before the competent committee of the european parliament and to answer questions put by its members . ### the executive director shall be appointed by the management board , from a list of at least three candidates proposed by a committee composed of the commission representative on the management board and two other members of the management board , following an open and transparent selection procedure . for the purpose of concluding the contract with the executive director , europol shall be represented by the chairperson of the management board . before appointment , the candidate selected by the management board shall be invited to make a statement before the parliamentary scrutiny unit and to answer questions put by its members .


### large - scale criminal and terrorist networks pose a significant threat to the internal security of the union and to the safety and livelihood of its citizens . available threat assessments show that criminal groups are becoming increasingly poly - criminal and cross - border in their activities . national law enforcement authorities therefore need to cooperate more closely with their counterparts in other member states . in this context , it is necessary to equip europol to support member states more in union - wide crime prevention , analyses and investigations . this has also been confirmed in the evaluations of decisions 2009 / 371 / jha and 2005 / 681 / jha . ### large - scale criminal and terrorist networks pose a significant threat to the internal security of the union and to the safety and livelihood of its citizens . available threat assessments show that criminal groups are becoming increasingly poly - criminal and cross - border in their activities . national law enforcement authorities therefore need to cooperate more closely with their counterparts in other member states . in this context , it is necessary to equip europol to support member states more in union - wide crime prevention , analyses and investigations . this has also been confirmed in the evaluation of decision 2009 / 371 / jha .


### the ‘ stockholm programme – an open and secure europe serving and protecting citizens’ calls for europol to evolve and become a “hub for information exchange between the law enforcement authorities of the member states , a service provider and a platform for law enforcement services . ” on the basis of an assessment of europol’s functioning , further enhancement of its operational effectiveness is needed to meet this objective . the stockholm programme also sets the aim of creating a genuine european law enforcement culture by setting up european training schemes and exchange programmes for all relevant law enforcement professionals at national and union level . ### the ‘ stockholm programme – an open and secure europe serving and protecting citizens’ calls for europol to evolve and become a “hub for information exchange between the law enforcement authorities of the member states , a service provider and a platform for law enforcement services . ” on the basis of an assessment of europol’s functioning , further enhancement of its operational effectiveness is needed to meet this objective .


### carried out jointly with the member states ' competent authorities ; or ### carried out jointly with the member states ' competent authorities , either in investigations already started by member states or as a result of a request from europol to a member state to initiate a criminal investigation ; or


### to enable europol to continue to fulfil the tasks of europol as established on the basis of decision 2009 / 371 / jha and cepol as established by decision 2005 / 681 / jha to the best of its abilities , transitional measures should be laid down , in particular with regard to the management board , the executive director and ring - fencing part of europol’s budget for training for three years following the entry into force of this regulation . ### to enable europol to continue to fulfil the tasks of europol as established on the basis of decision 2009 / 371 / jha to the best of its abilities , transitional measures should be laid down , in particular with regard to the management board and the executive director .


### onward transfers of personal data by member states , union bodies , third countries and international organizations shall be prohibited unless europol has given its explicit consent . ### personal data may only be transferred if member states , eu bodies , third countries and international organisations promise that such data will only be used for the purpose for which they were transferred . onward transfers of personal data by member states , union bodies , third countries and international organizations shall therefore be prohibited unless europol has given its explicit consent . europol shall ensure that transfers of personal data and the reasons for such transfers are recorded in accordance with this regulation .


### to ensure operational effectiveness , europol should be able to exchange all information , with the exception of personal data , with other union bodies , law enforcement authorities and law enforcement training institutes of third countries , and international organisations to the extent necessary for the performance of its tasks . since companies , firms , business associations , non - governmental organisations and other private parties hold expertise and data of direct relevance to the prevention and combating of serious crime and terrorism , europol should also be able to exchange such data with private parties . to prevent and combat cybercrime , as related to network and information security incidents , europol should , pursuant to directive [ name of adopted directive ] of the european parliament and of the council concerning measures to ensure a high common level of network and information security across the union , cooperate and exchange information , with the exception of personal data , with national authorities competent for the security of network and information systems . ### to ensure operational effectiveness , europol should be able to exchange all information , with the exception of personal data , with other union bodies , law enforcement authorities of third countries , and international organisations to the extent necessary for the performance of its tasks . since companies , firms , business associations , non - governmental organisations and other private parties hold expertise and data of direct relevance to the prevention and combating of serious crime and terrorism , europol should also be able to exchange such data with private parties . the information should be exchanged only if the national unit or units affected have been informed . in the event that the information to be exchanged relates specifically to a member state or to particular institutions or bodies , the management board should be informed and issue an opinion . to prevent and combat cybercrime , as related to network and information security incidents , europol should , pursuant to directive [ name of adopted directive ] of the european parliament and of the council concerning measures to ensure a high common level of network and information security across the union , cooperate and exchange information , with the exception of personal data , with national authorities competent for the security of network and information systems .


### to notify the member states without delay of information concerning them and of any connections between criminal offences ; ### to notify the member states without delay , through the europol national units , of information concerning them and of any connections between criminal offences ;


### in so far as necessary for europol to perform its tasks , europol may process personal data originating from private parties on condition that are received via : ### in so far as necessary for europol to perform its tasks , europol may process personal data originating from private parties and may receive such data directly if the national law applicable to the private party in question provides for the direct transfer of such data to the law enforcement authorities . in such cases , europol shall immediately forward all the information , in particular personal data , to the national units concerned . where the applicable national law makes no provision for a direct transfer of this kind , personal data may be received only on condition that they are received via :


### moreover the management board may , in agreement with the european data protection supervisor , authorise a set of transfers in conformity with points to above , taking into account of the existence of safeguards with respect to the protection of privacy and fundamental rights and freedoms of individuals , for a period not exceeding one year , renewable . ### moreover the management board may , in agreement with the european data protection supervisor and the joint supervisory authority , authorise a set of transfers in conformity with points to above on a case - by - case basis and taking into account of the existence of safeguards with respect to the protection of privacy and fundamental rights and freedoms of individuals , for a period not exceeding one year , renewable .


### in so far as necessary for the achievement of its objectives as laid down in article 3 and , europol shall process information , including personal data only for the purposes of : ### in so far as necessary for the achievement of its objectives as laid down in article 3 , europol shall process information , including personal data . personal data may be processed only for the purposes of :


### decisions 2009 / 371 / jha and 2005 / 681 / jha should therefore be repealed and replaced by this regulation , which draws on the lessons learnt from the implementation of both decisions . europol as established by this regulation should replace and assume the functions of europol and cepol as established by the two repealed decisions . ### decision 2009 / 371 / jha should therefore be repealed and replaced by this regulation , which draws on the lessons learnt from the implementation of the decision . the europol agency as established by this regulation should replace and assume the functions of europol as established by the repealed decision .


### to enhance operational cooperation between the agencies , and particularly to establish links between data already in possession of the different agencies , europol should enable eurojust and the european anti - fraud office to have access to and be able to search against data available at europol . ### to enhance operational cooperation between the agencies , and particularly to establish links between data already in possession of the different agencies , europol should enable eurojust to have access to and be able to search against data available at europol , on the basis of specific guarantees .


### impose a temporary or definitive ban on processing ; ### propose to the management board that a temporary or definitive ban be imposed on processing ;


### ' the competent authorities of the member states ' means all police authorities and other law enforcement services existing in the member states which are responsible under national law for preventing and combating criminal offences ; ### ' the competent authorities of the member states ' means those designated by the member states from among their police services and other law enforcement services responsible , in accordance with the corresponding national legislation , for preventing and combating criminal offences in respect of which europol is competent ;


### accurate and , where necessary , kept up to date ; every reasonable step must be taken to ensure that personal data that are inaccurate , having regard to the purposes for which they are processed , are erased or rectified without delay ; ### accurate and kept up to date ; every reasonable step must be taken to ensure that personal data that are inaccurate , having regard to the purposes for which they are processed , are erased or rectified without delay ;


### the european data protection supervisor shall draw up an annual report on the supervisory activities on europol . this report shall be part of the annual report of the european data protection supervisor referred to in article 48 of regulation no 45 / 2001 . ### the joint supervisory authority shall draw up an annual report on the supervisory activities on europol to be presented to the european parliament , to the council , to the european commission and to national parliaments . .


### member states shall have indirect access on the basis of a hit / no hit system to information provided for the purposes of article 24 , without prejudice to any restrictions indicated by the member states , union bodies and third countries or international organisations providing the information , in accordance with article 25 . in the case of a hit , europol shall initiate the procedure by which the information that generated the hit may be shared , in accordance with the decision of the member state that provided the information to europol . ### member states shall have access on the basis of a hit / no hit system to information provided for the purposes of article 24 , without prejudice to any restrictions indicated by the member states , union bodies and third countries or international organisations providing the information , in accordance with article 25 . in the case of a hit , europol shall initiate the procedure by which the information that generated the hit may be shared , in accordance with the decision of the member state that provided the information to europol .


### the executive director shall be appointed by the management board , from a list of candidates proposed by the commission , following an open and transparent selection procedure . for the purpose of concluding the contract with the executive director , europol shall be represented by the chairperson of the management board . before appointment , the candidate selected by the management board may be invited to make a statement before the competent committee of the european parliament and to answer questions put by its members . ### the executive director shall be appointed by the management board , from a list of at least three candidates proposed by a committee composed of the commission representative on the management board and two other members of the management board , following an open and transparent selection procedure . for the purpose of concluding the contract with the executive director , europol shall be represented by the chairperson of the management board . before appointment , the candidate selected by the management board shall be invited to make a statement before the parliamentary scrutiny unit and to answer questions put by its members .


### ‘ analysis’ means the assembly , processing or use of data with the aim of assisting criminal investigations ; ### ‘ analysis’ means the careful examination of information to discover its meaning and essential features with the aim of assisting criminal investigations and carrying out any of the other tasks listed in article 4 .


### each member of the management board shall be represented by an alternate member who shall be appointed on the basis of his / her experience in the management of public and private sector organisations and knowledge of national policy on training for law enforcement officers . the alternate member shall act as a member on any issues related to training of law enforcement officers . the alternate member shall represent the member in his / her absence . the member shall represent the alternate on any issues related to training of law enforcement officers in his / her absence . ### each member of the management board shall be represented by an alternate member who shall be appointed by the full member on the basis of the criteria set out in article 13 . the alternate member shall represent the member in his / her absence .


### the prospectus shall contain information concerning the issuer and the securities to be offered to the public or to be admitted to trading on a regulated market . it shall also include a summary . the summary shall , in a brief manner and in non - technical language , convey the essential characteristics and risks associated with the issuer , any guarantor and the securities , in the language in which the prospectus was originally drawn up . the format and content of the summary of the prospectus shall provide key information in order to enable investors to take informed investment decisions and to compare the securities with other investment products . the summary shall also contain a warning that : ### the prospectus shall contain information concerning the issuer and the securities to be offered to the public or to be admitted to trading on a regulated market . the prospectus shall also include a key information document . the key information document shall , in a brief manner and in non - technical language , convey the essential characteristics and risks associated with the issuer , any guarantor and the securities . it shall be in a common format and in the language in which the prospectus was originally drawn up . the format and content of the key information document of the prospectus shall provide appropriate information about the essential characteristics of the securities concerned in order to enable investors to take informed investment decisions . the key information document shall include information on the following essential elements in respect of the securities concerned : essential information on the issuer , if applicable , the guarantor , and the securities to be offered to the public or to be admitted to trading on a regulated market ; a short description of the risks associated with and essential characteristics of the investment in the relevant security ; details of the offer and admission to trading ; the assets , liabilities and financial position of the securities , if applicable ; the reasons for the offer and prospective use of proceeds , where appropriate ; any rights attaching to the securities ; and the general terms and associated costs . the key information document shall also contain a warning that :


### in particular , in order to take account of the technical developments in the financial markets and to ensure uniform application of directive 2003 / 71 / ec , the commission should be empowered to adopt implementing measures to update the limits established in that directive . since those measures are of general scope and are designed to amend non - essential elements of directive 2003 / 71 / ec by supplementing it with new non - essential elements , they must be adopted in accordance with the regulatory procedure with scrutiny provided for in article 5a of decision 1999 / 468 / ec . ### in order to take account of the technical developments in the financial markets and to ensure uniform application of directive 2003 / 71 / ec , the commission should be empowered to adopt delegated acts in accordance with article 290 of the treaty on the functioning of the european union concerning the updating of the limits established in directive 2003 / 71 / ec , and specifying the detailed content and specific form of the key information document . in that regard , the commission should take into account ongoing developments regarding prips , .


### securities included in an offer where the total consideration of the offer in the community is less than eur 2 500 000 , which limit shall be calculated over a period of 12 months ; ### securities included in an offer where the total consideration of the offer in the community is less than eur 5 000 000 , which limit shall be calculated over a period of 12 months ;


### as the prospectus can be updated by way of supplements according to directive 2003 / 71 / ec , there is no risk that it may become outdated . therefore , given the time and costs of drafting and approving a prospectus , the validity period of 12 months of the prospectus , base prospectus and registration document should be extended to 24 months provided they are properly supplemented . ### the prospectus can be updated by way of supplements according to directive 2003 / 71 / ec . however , by extending the validity period there is a risk that the prospectus becomes incomplete , as not all information can be adjusted through a supplement . therefore , in order to preserve the readability of the prospectus , the validity period of the prospectus , base prospectus and registration document should be 12 months .


### every significant new factor , material mistake or inaccuracy relating to the information included in the prospectus which is capable of affecting the assessment of the securities and which arises or is noted between the time when the prospectus is approved and the final closing of the offer to the public or , as the case may be , the time when trading on a regulated market begins , whichever occurs earlier , shall be mentioned in a supplement to the prospectus . such a supplement shall be approved in the same way in a maximum of seven working days and published in accordance with at least the same arrangements as were applied when the original prospectus was published . the summary , and any translations thereof , shall also be supplemented , if necessary to take into account the new information included in the supplement . ### every significant new factor , material mistake or inaccuracy relating to the information included in the prospectus which is capable of affecting the assessment of the securities and which arises or is noted between the time when the prospectus is approved and the final closing of the offer to the public or , as the case may be , the time when trading on a regulated market begins , whichever occurs later , shall be mentioned in a supplement to the prospectus . such a supplement shall be approved in the same way in a maximum of seven working days and published in accordance with at least the same arrangements as were applied when the original prospectus was published . the key information document , and any translations thereof , shall also be supplemented , if necessary to take into account the new information included in the supplement .


### a registration document , as referred to in article 5 , previously filed and approved , shall be valid for a period of up to 24 months provided that it has been supplemented in accordance with article 16 . the registration document , supplemented if necessary in accordance with article 16 , accompanied by the securities note and the summary note shall be considered to constitute a valid prospectus . ### a registration document , as referred to in article 5 , previously filed and approved , shall be valid for a period of up to 12 months provided that it has been supplemented in accordance with article 16 . the registration document , supplemented if necessary in accordance with article 16 , accompanied by the securities note and the summary note shall be considered to constitute a valid prospectus .


### the summary of the prospectus is a key source of information for retail investors . it should be short , simple and easy for targeted investors to understand . it should focus on the key information that investors need in order to be able to make informed investment decisions . its content should not be restricted to any predetermined number of words . the format and content of the summary should be determined in a way that ensures comparability with other investment products that are similar to the investment proposal described in the prospectus . therefore , member states should attach civil liability on the basis of the summary not only if it is misleading , inaccurate or inconsistent , when read together with the other parts of the prospectus , but also if it does not provide key information enabling investors to take informed investment decisions and to compare the securities with other investment products . ### the summary of the prospectus should be replaced by a key information document , which will be a key source of information for retail investors . it should be short , simple , clear and easy for targeted investors to understand . it should focus on essential elements that investors need in order to be able to decide which offers of securities to consider further . it should be concise and should present the information in a specified order to allow harmonisation to the highest extent possible and to facilitate comparability between prospectuses . esma should provide advice to the commission as to the scope of application of key information documents in the context of securities , the potential for the prips initiative to be developed further in the context of the forthcoming review of directive 2004 / 39 / ec and in light thereof as to any consequential implementing measures . member states should ensure that no civil liability attaches to any person solely on the basis of the key information document , including any translation thereof , unless it is misleading , inaccurate or inconsistent , when read together with the other parts of the prospectus . key investor information should contain a clear warning in this respect .


### a valid prospectus , drawn up by the issuer or the offeror and available to the public at the time of the final placement of securities through financial intermediaries or in any subsequent resale of securities , provides sufficient information for investors to make informed investment decisions . therefore , financial intermediaries placing or subsequently reselling the securities should be entitled to rely upon the initial prospectus published by the issuer or the offeror as long as this is valid and duly supplemented in accordance with article 9 and article 16 of directive 2003 / 71 / ec and the issuer or the offeror responsible for drawing up such prospectus consents to its use . in this case no other prospectus should be required . however , in case the issuer or the offeror responsible for drawing up such initial prospectus does not consent to its use , the financial intermediary should be required to publish a new prospectus . ### a valid prospectus , drawn up by the issuer or the offeror and available to the public at the time of the final placement of securities through financial intermediaries or in any subsequent resale of securities , provides sufficient information for investors to make informed investment decisions . therefore , financial intermediaries placing or subsequently reselling the securities should be entitled to rely upon the initial prospectus published by the issuer or the offeror as long as this is valid and duly supplemented in accordance with articles 9 and 16 of directive 2003 / 71 / ec and the issuer or the offeror responsible for drawing up such prospectus consents to its use . the issuer or the offeror should be able to attach conditions to his or her consent . in the event that consent to use the prospectus has been given , the issuer or the offeror responsible for drawing up the initial prospectus should be liable for the information stated therein and no other prospectus should be required . where , notwithstanding such consent , the final terms of the resale prospectus have to be updated , the financial intermediary making use of the prospectus should be liable for the additional information stated in the prospectus , and for updating the final terms with the resale price . however , where the issuer or the offeror responsible for drawing up such initial prospectus does not consent to its use , the financial intermediary should be required to publish a new prospectus . where the financial intermediary chooses to use the initial prospectus without consent , the intermediary should be liable for the information stated in the initial prospectus .


### the summary of the prospectus is a key source of information for retail investors . it should be short , simple and easy for targeted investors to understand . it should focus on the key information that investors need in order to be able to make informed investment decisions . its content should not be restricted to any predetermined number of words . the format and content of the summary should be determined in a way that ensures comparability with other investment products that are similar to the investment proposal described in the prospectus . therefore , member states should attach civil liability on the basis of the summary not only if it is misleading , inaccurate or inconsistent , when read together with the other parts of the prospectus , but also if it does not provide key information enabling investors to take informed investment decisions and to compare the securities with other investment products . ### the summary of the prospectus should be replaced by a key information document , which will be a key source of information for retail investors . it should be short , simple , clear and easy for targeted investors to understand . it should focus on essential elements that investors need in order to be able to make informed investment decisions . it should be concise and should present the information in a specified order to allow harmonisation to the highest extent possible and to facilitate comparability . esma should provide advice to the commission when preparing the necessary level two measures . esma shall take into account developments regarding packaged retail investment products referred to in the commission communication of 30 april 2009 , when providing advice on the implementing measures .


### in order to clarify whether the requirement to publish a supplement to the prospectus ends with the start of trading of the securities on a regulated market irrespective of whether the offering period has closed , the obligation to supplement a prospectus should be terminated at the final closing of the offering period or the time when trading of such securities on a regulated market begins , whichever occurs earlier . ### in order to clarify whether the requirement to publish a supplement to the prospectus ends with the start of trading of the securities on a regulated market irrespective of whether the offering period has closed , the obligation to supplement a prospectus should be terminated at the final closing of the offering period or the time when trading of such securities on a regulated market begins , whichever occurs earlier . the requirement to supplement the prospectus should cease once the transparency obligations laid down in directives 2004 / 109 / ec and 2003 / 6 / ec apply .


### points and are deleted . ### points , , and are deleted .


### a registration document , as referred to in article 5 , previously filed and approved , shall be valid for a period of up to 24 months provided that it has been supplemented in accordance with article 16 . the registration document , supplemented if necessary in accordance with article 16 , accompanied by the securities note and the summary note shall be considered to constitute a valid prospectus . ### a registration document , as referred to in article 5 , previously filed , shall be valid for a period of up to 24 months provided that it has been supplemented in accordance with article 16 . the registration document , supplemented if necessary in accordance with article 16 , accompanied by the securities note and the summary note shall be considered to constitute a valid prospectus .