### for the purposes of the initial allocation of funding , the assessment of the workload shall be based on the latest average figures covering the preceding 36 months available on the date of the applicability of this regulation . for the purposes of the mid - term review , the assessment of the workload shall be based on the latest average figures covering the preceding 36 months available at the time of the mid - term review in 2024 . the assessment of the workload shall be based on the following factors : ### for the purposes of the initial allocation of funding , the assessment of the workload shall be based on the latest average figures covering the preceding 36 months and historical data available on the date of the applicability of this regulation . for the purposes of the mid - term review , the assessment of the workload shall be based on the latest and historical average figures available at the time of the mid - term review in 2024 . the assessment of the workload shall be based on the following factors :


### for the purposes of the initial allocation , the report referred to in paragraph 10 shall identify the average level of threat of each border section based on the latest average figures covering the preceding 36 months on the date of the applicability of this regulation . for the purposes of the mid - term review , the report referred to in paragraph 10 shall identify the average level of threat of each border section based on the latest average figures covering the preceding 36 months available at the time of the mid - term review in 2024 . it shall determine the following specific weighting factors per section applying the threat levels as defined in regulation no 1052 / 2013 : ### for the purposes of the initial allocation , the report referred to in paragraph 10 shall identify the average level of threat of each border section based on the latest average figures covering the preceding 36 months and historical data on the date of the applicability of this regulation . for the purposes of the mid - term review , the report referred to in paragraph 10 shall identify the average level of threat of each border section based on the latest and historical average figures available at the time of the mid - term review in 2024 . it shall determine the following specific weighting factors per section applying the threat levels as defined in regulation no 1052 / 2013 :


### enhancing inter - agency cooperation at national level among the national authorities responsible for border control or for tasks carried out at the border , and at eu level between the member states , or between the member states , on the one hand , and the relevant union bodies , offices and agencies or third countries , on the other ; ### enhancing inter - agency cooperation at national level among the national authorities responsible for border control or for tasks carried out at the border , and at eu level between the member states , or between the member states , on the one hand , and the relevant union bodies , offices and agencies , including external action and activities or third countries , on the other ;


### training in the field of or contributing to the development of european integrated border management , taking into account operational needs and risk analysis and in full compliance with fundamental rights ; ### training in the field of or contributing to the development of european integrated border management , also for civilian crisis management purposes , taking into account operational needs and risk analysis and in full compliance with fundamental rights ;


### the heads of state and government at the tallinn digital summit , in september 2017 , called for the union to become ' a global leader in cyber - security by 2025 , in order to ensure trust , confidence and protection of our citizens , consumers and enterprises online and to enable a free and law - governed internet . ' ### the heads of state and government at the tallinn digital summit , in september 2017 , called for the union to become ' a global leader in cyber - security by 2025 , in order to ensure trust , confidence and protection of our citizens , consumers and enterprises online and to enable a free , safer and law - governed internet . '


### in order to respond to the needs of both demand and supply side industries , the competence centre ' s task to provide cybersecurity knowledge and technical assistance to industries should refer to both ict products and services and all other industrial and technological products and solutions in which cybersecurity is to be embedded . ### in order to respond to the needs of both demand and supply side industries , the competence centre ' s task to provide cybersecurity knowledge and technical assistance to industries should refer to both ict products , processes and services and all other industrial and technological products and solutions in which cybersecurity is to be embedded .


### where the competence centre provides funding for infrastructures , capabilities , products or solutions pursuant to article 4 and in the form of a grant or a prize , the work plan of the competence centre may specify in particular : ### where the competence centre provides funding for infrastructures , capabilities , products or solutions pursuant to article 4 and in the form of a procurement , grant or a prize , the work plan of the competence centre may specify in particular :


### the competence centre shall cooperate with relevant union institutions , bodies , offices and agencies including the european union agency for network and information security , the computer emergency response team , the european external action service , the joint research centre of the commission , the research executive agency , innovation and networks executive agency , european cybercrime centre at europol as well as the european defence agency . ### to ensure the coherence and complementarity the competence centre shall cooperate with relevant union institutions , bodies , offices and agencies including the european union agency for network and information security , the computer emergency response team , the european external action service , the joint research centre of the commission , the research executive agency , innovation and networks executive agency , european cybercrime centre at europol as well as the european defence agency .


### provide to the executive director and the governing board strategic advice and input for drafting the work plan and multi - annual strategic plan within the deadlines set by the governing board ; ### provide to the executive director and the governing board strategic advice and input for drafting a technology and application agenda , &#160 ; the work plan and multi - annual strategic plan within the deadlines set by the governing board ; where considered appropriate by the executive director and the governing board , it shall also provide advice on procurement and deployment .


### the current union legislative framework on driftnets has shown weaknesses and loopholes in that rules proved easy to circumvent and ineffective in terms of addressing the conservation concerns linked to this fishing gear . ### the current union legislative framework on driftnets has shown weaknesses and loopholes in that rules proved easy to circumvent and ineffective in terms of addressing the conservation concerns linked to this fishing gear . all existing loopholes should be eradicated in order to ensure that no form of driftnet fishing is used for catching highly migratory species .


### to catch any marine biological resource with driftnets ; and ### to catch any marine biological resource with driftnets whose mesh size is over 50 mm ; and


### sis should contain alerts on missing persons to ensure their protection or to prevent threats to public security . issuing an alert in sis for children at risk of abduction should be limited , therefore it is appropriate to provide for strict and appropriate safeguards . in cases of children , these alerts and the corresponding procedures should serve the best interests of the child having regard to article 24 of the charter of fundamental rights of the european union and the united nations convention on the rights of the child of 20 november 1989 . ### sis should contain alerts on missing persons to ensure their protection or to prevent threats to public security . issuing an alert in sis for children at risk of abduction should be limited , therefore it is appropriate to provide for strict and appropriate safeguards . in cases of children , these alerts and the corresponding procedures should serve the best interests of the child having regard to article 24 of the charter of fundamental rights of the european union and the united nations convention on the rights of the child of 20 november 1989 . law enforcement authorities ' decisions on the follow up to an alert related to a child shall be taken in cooperation with child protection authorities and the national hotline for missing children shall be informed . in case of missing unaccompanied minors the purpose for competent authorities to access the data inserted in sis shall be to protect children and their best interest ;


### this regulation respects the fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union . in particular , this regulation seeks to ensure a safe environment for all persons residing on the territory of the european union and special protection for children who could be victim of trafficking or parental abduction while fully respecting the protection of personal data . ### this regulation respects the fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union . in particular , this regulation seeks to ensure a safe environment for all persons residing on the territory of the european union and special protection for children who could be victim of trafficking or parental abduction while fully respecting the protection of personal data . facial images , fingerprints , palm prints and dna of children shall be collected , stored , retrieved and used only for the purpose of the protection of the child and her / his best interest


### as regards bulgaria and romania , this regulation constitutes an act building upon , or otherwise relating to , the schengen acquis within the meaning of article 4 of the 2005 act of accession and should be read in conjunction with council decision 2010 / 365 / eu on the application of the provisions of the schengen acquis relating to the schengen information system in the republic of bulgaria and romania68 . _________________ 68 ов l 166 , 1 . 7 . 2010 , p . 17 . ### as regards bulgaria and romania , this regulation constitutes an act building upon , or otherwise relating to , the schengen acquis within the meaning of article 4 of the 2005 act of accession and should amend council decision 2010 / 365 / eu on the application of the provisions of the schengen acquis relating to the schengen information system in the republic of bulgaria and romania68to enable the two member states to apply and implement in full the provisions of that regulation . _________________ 68 ов l 166 , 1 . 7 . 2010 , p . 17 .


### an alert on a person may not be entered without the data referred to in article 20 , , , , as well as , where applicable , , except for in the situations referred to in article 40 . ### an alert on a person may not be entered without the data referred to in article 20 , , , , , , , as well as , where applicable , , except for in the situations referred to in article 40 .


### paragraph 2 shall apply in particular to children and to persons who have to be interned following a decision by a competent authority . ### an alert on a child referred to in paragraph 2 shall be entered at the request of the competent authorities of the member state . the competent child protection authorities , including the national 116 000 hotline and , in case of missing unaccompanied children , the guardian , shall be informed ;


### member states shall ensure that the data entered in sis indicate which of the categories referred to in paragraph 2 the missing person falls into . further , member states shall also ensure that the data entered in sis indicate which type of missing or vulnerable person case is involved . the rules on the categorisation of the types of cases and the entering of such data shall be laid down and developed by means of implementing measures in accordance with the examination procedure referred to in article 72 . ### member states shall ensure that the data entered in sis indicate which of the categories referred to in paragraph 2 the missing person falls into . further , member states shall also ensure that the data entered in sis indicate which type of missing or vulnerable person case is involved . an alert on a child referred to in paragraph 2 needs to indicate to which category of missing child the alert falls into .


### where a person as referred to in article 32 is located , the competent authorities shall , subject to paragraph 2 , communicate his or her whereabouts to the member state issuing the alert . in the case of missing children or children who need to be placed under protection the executing member state shall consult immediately the issuing member state in order to agree without delay on the measures to be taken in order to safeguard the best interest of the child . the competent authorities may , in the cases referred to in article 32 and , move the person to a safe place in order to prevent him or her from continuing his journey , if so authorised by national law . ### where a person as referred to in article 32 is located , the competent authorities shall , subject to paragraph 2 , communicate his or her whereabouts to the member state issuing the alert . in the case of missing children or children who need to be placed under protection the executing member state shall consult immediately child protection authorities and the national 116 000 hotline for missing children in order to agree without delay on the measures to be taken in order to safeguard the best interest of the child . the competent authorities may , in the cases referred to in article 32 , and , move the person to a safe place . if the alert concerns a child , the decision on the safe place shall take in consideration the vulnerability of the child and his or her best interest .


### it is appropriate to encourage the introduction of alternative fuel vehicles , which can have low nox and particulate emissions . thus , limit values for total hydrocarbons should be adapted in order to take into account non - methane hydrocarbons and methane emissions . ### it is necessary to encourage the introduction of alternative fuel vehicles , which can have low nox and particulate emissions . thus , limit values for total hydrocarbons should be adapted in order to take into account non - methane hydrocarbons and methane emissions .


### as a consequence , unece regulations and the amendments thereto which the union has voted in favour of or to which the union has acceded , in application of decision 97 / 836 / ec , should be recognized as equivalent to eu type - approvals granted under this regulation . accordingly , the commission should be empowered to adopt delegated acts in order to determine which unece regulations will apply to eu type - approvals . ### as a consequence , unece regulations and the amendments thereto which the union has voted in favour of or to which the union has acceded , in application of decision 97 / 836 / ec , should be recognized as equivalent to eu type - approvals granted under this regulation . accordingly , in order to align this regulation as closely as possible to agreed unece texts , the commission should be empowered to adopt delegated acts in order to determine which unece regulations will apply to eu type - approvals .


### in order to supplement this regulation with further technical details , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of engine families , tampering , monitoring of in - service emission performance , technical tests and measurement procedures , conformity of production , separate delivery of an engine´s exhaust after - treatment system , engines for field - testing , engines for use in hazardous atmospheres , equivalence of engine type - approvals , information for oems and end - users , self - testing , standards and assessment of technical services , fully and partially gaseous fuelled engines , measurement of the particulate number and test cycles . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council . ### in order to supplement this regulation with further technical details , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of engine families , tampering , monitoring of in - service emission performance , technical tests and measurement procedures , conformity of production , separate delivery of an engine´s exhaust after - treatment system , engines for field - testing , engines for use in hazardous atmospheres , equivalence of engine type - approvals , information for original equipment manufacturers and end - users , standards and assessment of technical services , fully and partially gaseous fuelled engines , measurement of the particulate number and test cycles and the assessment of the yearly production of oems . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council . , article 46 and article 57 . )


### “engine” means an energy converter other than a gas turbine in which combustion of the fuel takes place in a confined space , producing expanding gases that are used directly to provide mechanical power , for which eu type - approval may be granted ; it includes the emission control system and the communication interface between the engine system electronic control unit and any other powertrain or vehicle control unit necessary to comply with chapters ii and iii ; ### “engine” means an energy converter other than a gas turbine designed to transform chemical energy into mechanical energy with an internal combustion process ; including , where those are installed , the emission control system and the communication interface between the engine system electronic control unit and any other powertrain or vehicle control unit necessary to comply with chapters ii and iii ;


### ‘ category rlr’ , comprising engines exclusively for use in railcars , for their propulsion or intended for their propulsion ; ### ‘ category rlr’ , comprising : engines exclusively for use in railcars , for their propulsion or intended for their propulsion ; engines used in place of engines of category rll ;


### ' category rlr ' , comprising engines exclusively for use in railcars , for their propulsion or intended for their propulsion ; ### ' category rlr ' , comprising : engines exclusively for use in railcars , for their propulsion or intended for their propulsion ; engines used in place of engines of category rll ;


### the contents of information folder shall be defined in an implementing act and shall include the following : ### the contents of the information folder shall include the following :


### the commission shall be empowered to adopt by means of implementing acts the template for the certificate of conformity , including the technical features designed to prevent forgery . to that end , the implementing acts shall provide the security printing features protecting the paper used in the certificate . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 54 by [ 31 december 2016 ] . ### the commission shall be empowered to adopt implementing acts concerning the template for the certificate of conformity , including the technical features designed to prevent forgery and the security printing features protecting the paper used in the certificate , and a template for the conformity marking and the retrievable information , including the acceptable types of electronic codes used to access the information on the engine , referred to in paragraph 6a of this article . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 54 by [ 31 december 2016 ] .


### before leaving the production line the engines must bear the marking required by this regulation . ### before leaving the production line engines manufactured in the union , as well as those manufactured outside the union , must bear the marking required by this regulation . this requirement shall in no way affect other markings required under member state or union legislation .


### if , at the request of the approval authority , the manufacturer is not able to verify the engine marking requirements specified in article 31 , the approval granted in respect of the corresponding engine type or family pursuant to this regulation may be withdrawn . the information procedure shall be carried out as set out in article 36 . ### if , at the request of the approval authority , the manufacturer is not able to verify the engine marking requirements specified in article 31 , the approval granted in respect of the corresponding engine type or family pursuant to this regulation may be withdrawn . the information procedure shall be carried out as set out in article 37 .


### manufacturers shall make available to oems all relevant information and necessary instructions intended for the end - user , notably describing any special conditions or restrictions linked to the use of an engine . ### manufacturers shall make available to oems , and to any other third party upon request , all relevant information and necessary instructions intended for the end - user , notably describing any special conditions or restrictions linked to the use of an engine .


### union central administrative platform and database ### exchange of data and information via the internal market information system


### union central administrative platform and database ### exchange of data and information through the internal market information system


### the commission shall set up a union central administrative digital platform for the exchange of data and information related to eu type - approvals in electronic format . the platform shall be used for the exchange of data and information between the approval authorities , or between the approval authorities and the commission , which takes place in the framework of this regulation . ### the exchange of data and information between the approval authorities , or between the approval authorities and the commission , in the framework of this regulation shall take place via the internal market information system established pursuant to regulation no 1024 / 2012 of the european parliament and of the council1a . __________________ 1a regulation no 1024 / 2012 of the european parliament and of the council of 25 october 2012 on administrative cooperation through the internal market information system and repealing commission decision 2008 / 49 / ec .


### the union central administrative digital platform shall also comprise a database where any information of relevance in respect of eu type - approvals granted in accordance with this regulation shall be centrally gathered and made accessible to the approval authorities and to the commission . the database shall connect national databases to the union central database , where agreed with the member states concerned . ### any information that is of relevance in respect of eu type - approvals which are granted in accordance with this regulation shall be centrally gathered and made accessible to the approval authorities and to the commission through the imi . the database shall connect national databases to the union central database , where agreed with the member states concerned .


### subsequent to the implementation of paragraphs 1 and 2 , the commission shall extend the union central administrative digital platform with modules which shall allow for : ### the commission shall make sure that imi allows for :


### for engines of the category nre , member states shall authorise an extension of the transition period and the 12 - months period referred to in the first sub - paragraph by an additional 12 months for oem ' s with a total yearly production of fewer than 50 units of non - road mobile machinery equipped with combustion engines . for the purposes of the calculation of the total yearly production referred to in this paragraph , all oem ' s under the control of the same natural or legal person shall be considered to be a single oem . ### for engines of the category nre , member states shall authorise an extension of the transition period and the 12 - months period referred to in the first sub - paragraph by an additional 18 months for oems with a total yearly production of fewer than 80 units of non - road mobile machinery equipped with combustion engines . for the purposes of the calculation of the total yearly production referred to in this paragraph , all oems under the control of the same natural or legal person shall be considered to be a single oem .


### the assessment of further pollutant emission reduction potential , on the basis of available technologies and cost / benefit analysis ; ### the assessment , on the basis of available technologies and a cost / benefit analysis , of further pollutant emission reductions for : - engines having a reference power that is greater than 560 kw ; - si engines having a reference power that is less than 19 kw ; - engines used for the propulsion of locomotives and railcars ; - engines used for snowmobiles ; and - engines used for atv and sbs vehicles ;


### the use of the exemption clauses provided for in article 32 and ; ### the subjects referred to in paragraph 1a ;


### it is important to provide legal certainty and to ensure eu wide coordination and cooperation by establishing a framework for the screening of foreign direct investment in the union on grounds of security or public order . this is without prejudice to the sole responsibility of the member states for the maintenance of national security . ### it is important to provide legal certainty and to ensure eu wide coordination and cooperation by establishing a framework for the screening of foreign direct investment in the union on grounds of security or public order . this is without prejudice to the sole responsibility of the member states for the maintenance of national security . the current legal framework must be bolstered in the light of changes in practices relating to direct foreign investment and in screening systems around the world .


### the framework for the screening of foreign direct investment should provide the member states and the commission with the means to address risks to security or public order in a comprehensive manner , and to adapt to changing circumstances , whilst maintaining the necessary flexibility for member states to screen foreign direct investments on grounds of security and public order taking into account their individual situations and national circumstances . ### the framework for the screening of foreign direct investment should provide the member states and the commission with the means to monitor and address risks to security or public order in a comprehensive manner , and to adapt to changing circumstances , whilst maintaining the necessary flexibility for member states to screen foreign direct investments on grounds of security and public order taking into account their individual situations and national circumstances .


### a broad range of investments which establish or maintain lasting and direct links between investors from third countries and undertakings carrying out an economic activity in a member state should be covered . ### a necessary range of investments which establish or maintain lasting and direct links between investors from third countries and undertakings carrying out an economic activity in a member state should be covered .


### to guide member states and the commission in the application of the regulation , it is appropriate to provide a list of factors that may be taken into consideration when screening foreign direct investment on the grounds of security or public order . this list will also improve transparency of the screening process for investors considering making or having made foreign direct investments in the union . this list of factors that may affect security or public order should remain non - exhaustive . ### to guide member states and the commission in the application of the regulation , it is appropriate to provide a list of factors that may be taken into consideration when screening foreign direct investment on the grounds of security or public order . this list will also improve transparency of the screening process for investors considering making or having made foreign direct investments in the union . this list of factors that may affect security or public order should remain non - exhaustive . when screening foreign direct investment , member states and the commission should also consider whether similar possibilities for investment exist for european investors in the third countries concerned thus respecting the principle of reciprocity .


### to guide member states and the commission in the application of the regulation , it is appropriate to provide a list of factors that may be taken into consideration when screening foreign direct investment on the grounds of security or public order . this list will also improve transparency of the screening process for investors considering making or having made foreign direct investments in the union . this list of factors that may affect security or public order should remain non - exhaustive . ### to guide member states and the commission in the application of the regulation , it is appropriate to provide a list of factors that should be taken into consideration when screening foreign direct investment on the grounds of security or public order . this list will also improve transparency of the screening process for investors considering making or having made foreign direct investments in the union . this list of factors that may affect security or public order should remain non - exhaustive .


### in determining whether a foreign direct investment may affect security or public order , member states and the commission should be able to consider all relevant factors , including the effects on critical infrastructure , technologies , including key enabling technologies , and inputs which are essential for security or the maintenance of public order , and the disruption , loss or destruction of which would have a significant impact in a member state or in the union . in that regard , member states and the commission should also be able to take into account whether a foreign investor is controlled directly or indirectly by the government of a third country . ### in determining whether a foreign direct investment may affect security or public order , member states and the commission should be able to consider all relevant factors , including the effects on critical infrastructure , technologies , including key enabling technologies , and inputs which are essential for security or the maintenance of public order , and the disruption , loss or destruction of which would have a significant impact in a member state or in the union . this should also include the security of food supply , including investments in agricultural land and other agricultural assets . in that regard , member states and the commission should also be able to take into account whether a foreign investor is controlled directly or indirectly by the government of a third country .


### in determining whether a foreign direct investment may affect security or public order , member states and the commission should be able to consider all relevant factors , including the effects on critical infrastructure , technologies , including key enabling technologies , and inputs which are essential for security or the maintenance of public order , and the disruption , loss or destruction of which would have a significant impact in a member state or in the union . in that regard , member states and the commission should also be able to take into account whether a foreign investor is controlled directly or indirectly by the government of a third country . ### in determining whether a foreign direct investment may affect security or public order , member states and the commission should be able to consider all relevant factors , including the effects on critical infrastructure , technologies , including key enabling technologies , and inputs which are essential for security or the maintenance of public order , and the disruption , loss or destruction of which would have a significant impact in a member state or in the union . in that regard , member states and the commission should also take into account whether a foreign investor is controlled directly or indirectly by the government of a third country .


### in determining whether a foreign direct investment may affect security or public order , member states and the commission should be able to consider all relevant factors , including the effects on critical infrastructure , technologies , including key enabling technologies , and inputs which are essential for security or the maintenance of public order , and the disruption , loss or destruction of which would have a significant impact in a member state or in the union . in that regard , member states and the commission should also be able to take into account whether a foreign investor is controlled directly or indirectly by the government of a third country . ### in determining whether a foreign direct investment may affect security or public order , member states and the commission should be able to consider all relevant factors , including the effects on critical infrastructure , technologies , including key enabling technologies , and inputs which are essential for security or the maintenance of public order , and the disruption , loss or destruction of which would have an impact in a member state or in the union . in that regard , member states and the commission should also be able to take into account whether a foreign investor is controlled directly or indirectly by the government of a third country .


### to that end , it is also important to ensure a minimum level of information and coordination with regard to foreign direct investments falling under the scope of this regulation in all member states . this information should be made available by the member states in which the foreign direct investment is planned or has been completed upon request of the member states or of the commission . relevant information includes aspects such as the ownership structure of the foreign investor and the financing of the planned or completed investment , including , when available , information about subsides granted by third countries . ### to that end , it is also important to ensure a sufficient level of information and coordination with regard to foreign direct investments falling under the scope of this regulation in all member states . all this information should be made available by the member states in which the foreign direct investment is planned or has been completed upon request of the member states or of the commission . relevant information includes aspects such as the ownership structure of the foreign investor and the financing of the planned or completed investment , including , when available , information about subsides granted by third countries .


### no later than three years after the entry into force of this regulation , the commission should present to the european parliament and the council a report on the application of this regulation . where the report proposes modifying the provisions of this regulation , it may be accompanied , where appropriate , by a legislative proposal . ### each year after the entry into force of this regulation , the commission should present the european parliament and the council with a report on the application of this regulation , which should contain relevant information about the way the member states and the commission have used their screening systems . no later than three years after the entry into force of this regulation , the commission should present the european parliament and the council with an in - depth assessment of the frameworks for screening foreign direct investments and developments in screening systems in non - eu jurisdictions in europe , accompanied , where appropriate , by a legislative proposal .


### no later than three years after the entry into force of this regulation , the commission should present to the european parliament and the council a report on the application of this regulation . where the report proposes modifying the provisions of this regulation , it may be accompanied , where appropriate , by a legislative proposal . ### no later than two years after the entry into force of this regulation , the commission should present to the european parliament and the council a report on the application of this regulation . where the report proposes modifying the provisions of this regulation , it may be accompanied , where appropriate , by a legislative proposal .


### ' foreign direct investment ' means investments of any kind by a foreign investor aiming to establish or to maintain lasting and direct links between the foreign investor and the entrepreneur to whom or the undertaking to which the capital is made available in order to carry on an economic activity in a member state , including investments which enable effective participation in the management or control of a company carrying out an economic activity ; ### ' foreign direct investment ' means investments of any kind by a foreign investor aiming to establish or to maintain lasting and direct links between the foreign investor and the entrepreneur to whom or the undertaking to which the capital is made available in order to carry on an economic activity in the territory or the exclusive economic zone of a member state , including investments which enable effective participation in the management or control of a company carrying out an economic activity ;


### member states may maintain , amend or adopt mechanisms to screen foreign direct investments on the grounds of security or public order , under the conditions and in accordance with the terms set out in this regulation . ### member states may maintain , amend or adopt mechanisms to screen foreign direct investments . screening may be undertaken if necessary to protect security or to maintain public order and shall be done under the conditions and in accordance with the terms set out in this regulation .


### the commission may screen foreign direct investments that are likely to affect projects or programmes of union interest on the grounds of security or public order . ### the commission may screen foreign direct investments that it can justify are likely to affect projects or programmes of union interest on the grounds of security or public order .


### projects or programmes of union interest shall include in particular those projects and programmes which involve a substantial amount or a significant share of eu funding , or which are covered by union legislation regarding critical infrastructure , critical technologies or critical inputs . an indicative list of projects or programmes of union interest is included in annex 1 . ### projects or programmes of union interest shall include in particular those projects and programmes which involve a large amount or a significant share of eu funding , or which are covered by union legislation regarding critical infrastructure , critical technologies or critical inputs . an indicative list of projects or programmes of union interest is included in annex 1 .


### factors that may be taken into consideration in the screening ### factors that shall be taken into consideration in the screening


### - the security of supply of critical inputs ; or ### - the strategic autonomy of the eu , its member states , and the value chain of critical technologies and sectors , and the security of supply of critical input ; or


### member states may maintain , amend or adopt measures necessary to prevent circumvention of the screening mechanisms and screening decisions . ### member states shall maintain , amend or adopt measures necessary to prevent circumvention of the screening mechanisms and screening decisions .


### confidential information , including commercially - sensitive information , made available by foreign investors and undertaking concerned shall be protected . ### the member states shall guarantee the absolute confidentiality of information , including commercially - sensitive information and business secrets , made available by foreign investors and the undertaking concerned in screening procedures .


### foreign investors and undertakings concerned shall have the possibility to seek judicial redress against screening decisions of the national authorities . ### foreign investors and undertakings concerned shall have the possibility to seek judicial redress against screening decisions of the national authorities , unless such action is considered contrary to the essential security interests of the member state .


### member states that maintain screening mechanisms shall provide the commission with an annual report on the application of their screening mechanisms . for each reporting period , the report shall include in particular information on : ### member states shall provide the commission with an annual report on the application of their screening mechanisms . for each reporting period , the report shall include in particular information on :


### where the commission considers that a foreign direct investment is likely to affect security or public order in one or more member states , it may issue an opinion addressed to the member state in which the foreign direct investment is planned or has been completed . the commission may issue an opinion irrespective of whether other member states have provided comments . ### where the commission considers that a foreign direct investment is likely to affect security or public order in one or more member states , it shall issue an opinion addressed to the member state in which the foreign direct investment is planned or has been completed . the commission shall issue an opinion irrespective of whether other member states have provided comments .


### where the commission considers that a foreign direct investment is likely to affect projects or programmes of union interest on grounds of security or public order , the commission may issue an opinion addressed to the member state where the foreign direct investment is planned or has been completed . ### where the commission considers that a foreign direct investment is likely to affect projects or programmes of union interest on grounds of security , the commission is empowered to issue a binding opinion addressed to the member state where the foreign direct investment is planned or has been completed .


### member states shall ensure that the information requested by the commission and other member states pursuant to articles 8 and 9 is made available to the commission and the requesting member states without undue delay . ### member states shall ensure that the information requested by the commission and other member states pursuant to articles 8 and 9 is made available to the commission and the requesting member states without unjustified delay .


### member states and the commission shall ensure the protection of confidential information acquired in application of this regulation . ### member states and the commission shall ensure the highest degree of confidentiality and protection of information acquired and provided by foreign investors and the undertaking concerned when carrying out screening procedures .


### each member state shall appoint a foreign direct investment screening contact point for the screening of foreign direct investment . the commission and other member states shall involve these fdi screening contact points on all issues related to implementation of this regulation . ### each member state shall appoint a foreign direct investment screening contact point for the screening of foreign direct investment . the commission and other member states shall ensure close cooperation between these fdi screening contact points on all issues related to implementation of this regulation .


### the commission shall evaluate and present to the european parliament and the council a report on the application of this regulation no later than 3 years after its entry into force . member states shall be involved in this exercise and shall provide the commission with necessary information for the preparation of that report . ### each year after the entry into force of this regulation , the commission shall present to the european parliament and the council a report on the application of this regulation setting out relevant information on the activities of member states ' and the commission ' s filtering systems . no later than three years after the entry into force of this regulation , the commission shall submit to the european parliament and the council an in - depth assessment of the frameworks for filtering foreign direct investment in europe and developments in filtering systems in non - eu jurisdictions , accompanied , where appropriate , by a legislative proposal .


### it is essential that competent authorities that collect information pursuant to this regulation transmit it in a timely manner to the national financial intelligence unit , in order to enable it to further analyse and compare them with other data as foreseen in directive 2015 / 849 [ ### it is essential that competent authorities that collect information pursuant to this regulation transmit it in a timely manner to the national financial intelligence unit , which should swiftly make the information available to the financial intelligence units of the other member states , in order to enable the fius to further analyse and compare the information with other data as foreseen in directive 2015 / 849 .


### where they register a failure to declare or disclose or have indications of criminal activity , competent authorities should be able to share the information through appropriate channels with authorities competent for the fight against the criminal activity in question . such exchange of data is proportionate considering that offenders against the obligation to declare who have been apprehended in one member state would be likely to select another member state of entry or exit where the competent authorities would have no knowledge of their earlier infractions . the exchange of such information should be made mandatory , in order to ensure consistent application across member states . where there are indications that the cash is related to criminal activity which could adversely affect the financial interests of the union that information should also be made available to the commission . in order to achieve better the preventive and dissuasive objectives of this regulation with regards to the circumvention of the obligation to declare , anonymised risk information and risk analysis results should also mandatorily be exchanged between member states and with the commission . ### where they register a failure to declare or disclose or have indications of criminal activity , competent authorities should be able to share the information through appropriate channels with authorities competent for the fight against the criminal activity in question . such exchange of data is proportionate considering that offenders against the obligation to declare who have been apprehended in one member state would be likely to select another member state of entry or exit where the competent authorities would have no knowledge of their earlier infractions . the exchange of such information should be made mandatory , in order to ensure consistent application across member states . where there are indications that the cash is related to criminal activity which could adversely affect the financial interests of the union that information should also be made available to the commission and the european public prosecutor ' s office . in order to achieve better the preventive and dissuasive objectives of this regulation with regards to the circumvention of the obligation to declare , anonymised risk information and risk analysis results should also mandatorily be exchanged between member states and with the commission .


### the competent authorities shall record the information obtained under articles 3 , 4 , 5 or 6 and transmit it to the financial intelligence unit of the member state in which it was obtained , in accordance with the technical rules laid down pursuant to article 15 . ### the competent authorities shall record the information obtained under articles 3 , 4 , 5 or 6 and transmit it to the financial intelligence unit of the member state in which it was obtained , which shall swiftly transmit the information to the financial intelligence units of the other member states , in accordance with the technical rules laid down pursuant to article 15 .


### proposal for a regulation of the european parliament and of the council amending regulation 2016 / 1011 on low carbon benchmarks and positive carbon impact benchmarks ### proposal for a regulation of the european parliament and of the council amending regulation 2016 / 1011 on integration of sustainability indicators in the methodology of benchmarks , and on positive impact benchmarks


### regulation 2016 / 1011 of the european parliament and of the council30 establishes uniform rules for benchmarks in the union and caters for different types of benchmark . an increasing number of investors pursue low - carbon investment strategies and take recourse to low - carbon benchmarks to reference or measure the performance of investment portfolios . __________________ 30 regulation 2016 / 1011 of the european parliament and of the council of 8 june 2016 on indices used as benchmarks in financial instruments and financial contracts or to measure the performance of investment funds and amending directives 2008 / 48 / ec and 2014 / 17 / eu and regulation no 596 / 2014 . ### regulation 2016 / 1011 of the european parliament and of the council30 establishes uniform rules for benchmarks in the union and caters for different types of benchmark . an increasing number of investors pursue sustainable investment strategies and take recourse to benchmarks to reference or measure the performance of investment portfolios . __________________ 30 regulation 2016 / 1011 of the european parliament and of the council of 8 june 2016 on indices used as benchmarks in financial instruments and financial contracts or to measure the performance of investment funds and amending directives 2008 / 48 / ec and 2014 / 17 / eu and regulation no 596 / 2014 .


### a wide variety of indices is currently grouped together as low carbon indices . those low carbon indices are used as benchmarks for investment portfolios and products that are sold across borders . the quality and integrity of low carbon benchmarks affect the effective functioning of the internal market in a wide variety of individual and collective investment portfolios . many low carbon indices used as performance measures for investment portfolios , in particular for segregated investment accounts and collective investment schemes , are provided in one member state but used by portfolio and asset managers in other member states . in addition , portfolio and asset managers often hedge their carbon exposure risks by using benchmarks produced in other member states . ### a wide variety of indices is currently grouped together as low carbon or sustainability indices . those indices are used as benchmarks for investment portfolios and products that are sold across borders . the quality and integrity of benchmarks affect the effective functioning of the internal market in a wide variety of individual and collective investment portfolios . many low carbon and sustainability indices used as performance measures for investment portfolios , in particular for segregated investment accounts and collective investment schemes , are provided in one member state but used by portfolio and asset managers in other member states . in addition , portfolio and asset managers often hedge their carbon exposure and environmental risks by using benchmarks produced in other member states .


### different categories of low carbon indices with various degrees of ambition have emerged in the marketplace . while some benchmarks aim to lower the carbon footprint of a standard investment portfolio , others aim to select only components that contribute to attaining the 2°c degree objective set out in the paris climate agreement . despite differences in objectives and strategies , all of these benchmarks are commonly promoted as low - carbon benchmarks . ### different categories of sustainability indices with various degrees of ambition have emerged in the marketplace . despite differences in objectives and strategies , all of these benchmarks are commonly promoted as sustainability benchmarks .


### in the absence of a harmonised framework to ensure the accuracy and integrity of the main categories of low carbon benchmarks used in individual or collective investment portfolios , it is likely that differences in member states ' approaches will create obstacles to the smooth functioning of the internal market . ### in the absence of a harmonised framework to ensure the accuracy and integrity of benchmarks used in individual or collective investment portfolios , it is likely that differences in member states ' approaches will create obstacles to the smooth functioning of the internal market .


### therefore , to maintain the proper functioning of the internal market , to further improve the conditions of its functioning , and to ensure a high level of consumer and investor protection , it is appropriate to adapt regulation 2016 / 1011 to lay down a regulatory framework for harmonised low carbon benchmarks at union level . ### therefore , to maintain the proper functioning of the internal market , to further improve the conditions of its functioning , and to ensure a high level of consumer and investor protection , it is appropriate to adapt regulation 2016 / 1011 to lay down a regulatory framework for integrating circular economy indicators in benchmark methodologies at union level .


### it is furthermore necessary to introduce a clear distinction between low - carbon and positive carbon impact benchmarks . while the underlying assets in a low - carbon benchmark should be selected with the aim of reducing carbon emissions of the index portfolio when compared to the parent index , a positive carbon impact index should only comprise components whose emissions savings exceed their carbon emissions . ### while it is necessary to integrate circular economy indicators to all benchmark methodologies , a category of positive impact benchmarks could be introduced . the underlying assets in a positive impact benchmark should only comprise components whose net impact based on harmonised circular economy indicators is positive .


### each company whose assets are selected as underlying in a positive impact benchmark should save more carbon emissions than it produces , hence have a positive impact on the environment . the asset and portfolio managers who claim to pursue an investment strategy compatible with the paris climate agreement should therefore use positive carbon impact benchmarks . ### each company whose assets are selected as underlying in a positive impact benchmark should have a positive net impact on the environment . the asset and portfolio managers who claim to pursue a sustainable investment strategy should therefore use positive impact benchmarks .


### a variety of benchmark administrators claim that their benchmarks pursue environmental , social and governance objectives . the users of those benchmarks do however not always have the necessary information on the extent to which the methodology of those benchmark administrators takes into account those esg objectives . the existing information is also often scattered and does not allow for effective comparison for investment purposes across borders . to enable market players to make well - informed choices , benchmark administrators should be required to disclose how their methodology takes into account the esg factors for each benchmark or family of benchmarks that is promoted as pursuing esg objectives . that information should also be disclosed in the benchmark statement . the administrators of benchmarks that do not promote or take into account the esg objectives , should not be subject to this disclosure obligation . ### the users of benchmarks do not always have the necessary information on the extent to which the methodology of benchmark administrators takes into account esg risks and impact . the existing information is often scattered and does not allow for effective comparison for investment purposes across borders . to enable market players to make well - informed choices , all benchmark administrators should be required to disclose how their methodology incorporates circular economy indicators for each benchmark . that information should be disclosed in the benchmark statement .


### for the same reasons , administrators of low - carbon and of positive carbon impact benchmarks should equally publish their methodology used for their calculation . that information should describe how the underlying assets were selected and weighted and which assets were excluded and for what reason . the benchmark administrators should also specify how the low carbon benchmarks differ from the underlying parent index , notably in terms of the applicable weights , market capitalisation and financial performance of the underlying assets . to assess how the benchmark contributes to the environmental objectives , the benchmark administrator should disclose how the carbon footprint and carbon savings of the underlying assets were measured , their respective values , including the total carbon footprint of the benchmark , and the type and source of the data used . to enable asset managers to choose the most appropriate benchmark for their investment strategy , benchmark administrators should explain the rationale behind the parameters of their methodology and explain how the benchmark contributes to the environmental objectives , including its impact on climate - change mitigation . the published information should also include details on the frequency of reviews and the procedure followed . ### for the same reasons , benchmark administrators of positive impact benchmarks should equally publish their methodology used for their calculation . that information should describe how the underlying assets were selected and weighted and which assets were excluded and for what reason . the benchmark administrators should also specify how the positive impact benchmarks differ from the underlying parent index , notably in terms of the applicable weights , market capitalisation and financial performance of the underlying assets . to assess how the benchmark contributes to the environmental objectives , the benchmark administrator should disclose how the environmental impact and risks of the underlying assets were measured , their respective values , including the total environmental footprint of the benchmark , and the type and source of the data used . to enable asset managers to choose the most appropriate benchmark for their investment strategy , benchmark administrators should explain the rationale behind the parameters of their methodology and explain how the benchmark contributes to the environmental objectives . the published information should also include details on the frequency of reviews and the procedure followed .


### in addition , administrator of positive carbon impact benchmarks should disclose the positive carbon impact of each underlying asset included in those benchmarks , specifying the method used to determine whether the emission savings exceed the investment asset ' s carbon footprint . ### in addition , administrator of positive impact benchmarks should disclose the positive environmental impact of each underlying asset included in those benchmarks , specifying the method used to determine whether the net environmental impact is positive .


### to ensure continued adherence to the selected climate - change mitigation objective , administrators of low - carbon and positive carbon impact benchmarks should regularly review their methodologies and inform users of the applicable procedures for any material change . when introducing a material change , benchmark administrators should disclose the reasons for that change and explain how the change is consistent with the benchmarks’ initial objectives . ### to ensure accuracy of information to investors , administrators of positive impact benchmarks should regularly review their methodologies and inform users of the applicable procedures for any material change . when introducing a material change , benchmark administrators should disclose the reasons for that change and explain how the change is consistent with the benchmarks’ initial objectives .


### in order to enhance transparency and ensure an adequate level of harmonization , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission to specify further the minimum content of the disclosure obligations that benchmark administrators that take into account the esg objectives should be subject to , and to specify the minimum standards for harmonization of the methodology of low - carbon and positive carbon impact benchmarks , including the method for the calculation of carbon emissions and carbon savings associated with the underlying assets , taking into account the product and organisation environmental footprint methods as defined in points and of point 2 of commission recommendation 2013 / 179 / eu31 . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law - making of 13 april 2016 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states’ experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts . __________________ 31 commission recommendation 2013 / 179 / eu of 9 april 2013 on the use of common methods to measure and communicate the life cycle environmental performance of products and organisations . ### in order to enhance transparency and ensure an adequate level of harmonization , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission to specify further the minimum content of the disclosure obligations that benchmark administrators should be subject to , and to specify the minimum standards for harmonization of integrating circular economy indicators in the methodology of benchmarks , including the method for the calculation of net environmental impact associated with the underlying assets , taking into account the product and organisation environmental footprint methods as defined in points and of point 2 of commission recommendation 2013 / 179 / eu31 and the circular economy indicators laid down in the commission circular economy monitoring platform and the commission circular economy action plan . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law - making of 13 april 2016 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states’ experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts . __________________ 31 commission recommendation 2013 / 179 / eu of 9 april 2013 on the use of common methods to measure and communicate the life cycle environmental performance of products and organisations .


### ‘ low - carbon benchmark’ means a benchmark where the underlying assets , for the purposes of point 1 of this paragraph , are selected so that the resulting benchmark portfolio has less carbon emissions when compared to the assets that comprise a standard capital - weighted benchmark and which is constructed in accordance with the standards laid down in the delegated acts referred to in article 19a ; ### ‘ positive environmental impact benchmark’ means a benchmark where the underlying assets , for the purposes of point 1 of this paragraph , are selected on the basis that their positive net environmental footprint and which is constructed in accordance with the standards laid down in the delegated acts referred to in article 19a ;


### an explanation of how the key elements of the methodology laid down in point reflect environmental , social or governance factors for each benchmark or family of benchmarks which pursue or take into account esg objectives ; ; ### an explanation of how the key elements of the methodology laid down in point reflect environmental , social or governance factors , including key circular economy indicators , such as co2 emissions , other emissions , impact on biodiversity , production of waste and the use of energy , renewable energy , raw materials , water , and land , as laid out by the european commission monitoring framework on the circular economy .


### the commission shall be empowered to adopt delegated acts in accordance with article 49 to specify further the minimum content of the explanation referred to in point of paragraph 1 . ; ### the commission shall be empowered to adopt delegated acts in accordance with article 49 to specify further the minimum content of the explanation referred to in point of paragraph 1 , and to update guidance on the ‘ benchmark statement’ to include references to esg and sustainability considerations ;


### low - carbon and positive carbon impact benchmarks ### positive impact benchmarks


### the requirements laid down in annex iii shall apply to the provision of , and contribution to , low - carbon or positive carbon impact benchmarks in addition to , or as a substitute for , the requirements of title ii , iii and iv . ### the requirements laid down in annex iii shall apply to the creation of , and contribution to , low - carbon or positive carbon impact benchmarks using a single classification system in addition to , or as a substitute for , the requirements of title ii , iii and iv .


### the requirements laid down in annex iii shall apply to the provision of , and contribution to , low - carbon or positive carbon impact benchmarks in addition to , or as a substitute for , the requirements of title ii , iii and iv . ### the requirements laid down in annex iii shall apply to the provision of , and contribution to , positive environmental impact benchmarks in addition to , or as a substitute for , the requirements of title ii , iii and iv .


### the method for the calculation of carbon emissions and carbon savings associated with the underlying assets . ; ### the method for the calculation of carbon emissions , other emissions , impact on biodiversity , production of waste and the use of energy , renewable energy , raw materials , water , and land , associated with the underlying assets . ;


### the commission shall be empowered to adopt delegated acts in accordance with article 49 to specify further the information referred to in in paragraph 2a . ### the commission shall be empowered to adopt delegated acts in accordance with article 49 to specify further the information referred to in in paragraph 2a , to update guidance on the ‘ benchmark statement’ to include references to esg and sustainability considerations ;


### methodology for low carbon benchmarks ### methodology for positive impact benchmarks


### methodology for positive carbon impact benchmarks ### further methodology for positive impact benchmarks


### the administrator of a low - carbon benchmark shall formalise , document and make public any methodology used for the calculation of low carbon benchmarks , describing the following : ### the administrator of a positive impact benchmark shall formalise , document and make public any methodology used for the calculation of circular economy indicators , describing the following :


### the list of the underlying assets that are used for calculating the low carbon benchmark ; ### the list of the underlying assets that are used for calculating the positive net impact ;


### the criteria applied to exclude assets or companies that are associated with a level of carbon footprint or a level of fossil reserves that are incompatible with inclusion in the low carbon benchmark ; ### the criteria applied to exclude assets or companies that are having a negative net environmental impact and therefore incompatible with inclusion in the positive impact benchmark ;


### the criteria for and the methods of how the low carbon benchmark measures the carbon footprint and carbon savings associated with the underlying assets in the index portfolio ; ### the criteria for and the methods of how the positive impact benchmark measures the environmental impact associated with the underlying assets in the index portfolio ;


### the tracking error between the low carbon benchmark and the parent index ; ### the tracking error between the positive impact benchmark and the parent index ;


### the positive reweighting of low - carbon assets in the low carbon benchmark versus the parent index and the explanation of why this reweighting is necessary to reflect the chosen objectives of the low carbon benchmark ; ### the positive reweighting of assets with environmentally positive impact in the benchmark versus the parent index and the explanation of why this reweighting is necessary to reflect the chosen objectives of the positive impact benchmark ;


### the ratio between the market value of the securities that are in the low carbon benchmark and the market value of the securities in the parent index ; ### the ratio between the market value of the securities that are in the positive impact benchmark and the market value of the securities in the parent index ;


### the type and source of input data used for the selection of assets or companies eligible for the low carbon benchmark , including : ### the type and source of input data used for the selection of assets or companies eligible for the positive impact benchmark , including :


### the total carbon - footprint exposure of the index portfolio and the estimated impacts on climate - change mitigation of the low carbon strategy pursued by the benchmark ; ### the total net environmental impact of the index portfolio and the estimated impact on environment of the strategy pursued by the benchmark ;


### the rationale for adopting a particular low - carbon methodology strategy or objective and an explanation of why the methodology is appropriate for the calculation of the low - carbon objectives of the benchmark ; ### the rationale for adopting a particular environmental methodology strategy or sustainability objective and an explanation of why the methodology is appropriate for the calculation of the environmental impact and sustainability objectives of the benchmark ;


### the administrator of a positive carbon impact benchmark , in addition to the obligations applicable to the administrator of a low carbon benchmark , shall disclose the positive carbon impact of each underlying asset included in the benchmark and shall specify the formula or calculation that is used to determine whether the emission savings exceed the investment asset ' s or company ' s carbon footprint . ### the administrator of a positive impact benchmark , in addition to the obligations stated above , shall disclose the positive environmental impact of each underlying asset included in the benchmark and shall specify the formula or calculation that is used to determine the net impact ) .


### administrators of low - carbon and positive carbon impact benchmarks shall adopt and make public to users procedures for and the rationale of any proposed material change in their methodology . those procedures shall be consistent with the overriding objective that benchmark calculations adhere continuously to the low - carbon or positive carbon impact objectives . those procedures shall provide : ### administrators of positive impact benchmarks shall adopt and make public to users procedures for and the rationale of any proposed material change in their methodology . those procedures shall be consistent with the overriding objective that benchmark calculations adhere continuously to the positive net impact objectives . those procedures shall provide :


### administrators of low - carbon and positive carbon impact benchmarks shall regularly examine their methodologies to ensure that they reliably reflect the relevant low - carbon or positive carbon objectives and shall have a process in place for taking the views of relevant users into account . ” . ### administrators of positive impact benchmarks shall regularly examine their methodologies to ensure that they reliably reflect the stated objectives and shall have a process in place for taking the views of relevant users into account . ” .


### for ensuring safety of navigation , member states should identify waterways with a maritime character , in accordance with harmonised criteria . the competence requirements for navigating on these waterways should be defined at union level . without unnecessarily limiting the mobility of boatmasters , when necessary for ensuring safety of navigation , member states should also have the possibility to identify the waterways entailing specific risks for navigation in accordance with harmonised criteria and procedures , pursuant to this directive . in such a case , the related competence requirements should be set at member state level . ### for ensuring safety of navigation , member states should identify waterways with a maritime character , in accordance with harmonised criteria and on the basis of existing eu law , such as directive 2016 / 16291a . the competence requirements for navigating on these waterways should be defined at union level . without unnecessarily limiting the mobility of boatmasters , when necessary for ensuring safety of navigation , member states should also have the possibility to identify the waterways entailing specific risks for navigation in accordance with harmonised criteria and procedures , pursuant to this directive . in such a case , the related competence requirements should be set at member state level . __________________ 1adirective 2016 / 1629 of the european parliament and of the council of 14 september 2016 laying down technical requirements for inland waterway vessels , amending directive 2009 / 100 / ec and repealing directive 2006 / 87 / ec .


### in order to provide minimum harmonised standards for the certification of qualifications and to facilitate the exchange of information between member states and the implementation , monitoring and evaluation of this directive by the commission , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission as regards the setting of standards of competence , standards for medical fitness , standards for practical examinations , standards for the approval of simulators and standards defining the characteristics and conditions of use for a database kept by the commission to host a copy of key data related to union certificates of qualifications , service record books , logbooks and recognised documents . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level . the commission when preparing and drawing up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council . ### in order to provide minimum harmonised standards for the certification of qualifications and to facilitate the exchange of information between member states and the implementation , monitoring and evaluation of this directive by the commission , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission as regards the setting of standards of competence , standards for medical fitness , standards for practical examinations , standards for the approval of simulators and standards defining the characteristics and conditions of use for a database kept by the commission to host a copy of key data related to union certificates of qualifications , service record books , logbooks and recognised documents . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement of 13 april 2016 on better law - making1a . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states’ experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts . _____________ 1a oj l 123 , 12 . 5 . 2016 , p . 1 .


### member states shall notify the commission of the measures they intend to adopt pursuant to paragraph 1 of this article and article 18 , together with the reasoning on which the measure is based . ### member states shall notify the commission of the measures they intend to adopt pursuant to paragraph 1 of this article and article 18 , together with the reasoning on which the measure is based at least six months before the proposed date of adoption .


### if this requirement is met , the commission shall adopt an implementing act on the recognition in the union of the certificates , record books or logbooks issued by that third country , subject to that third country recognising within its jurisdiction union documents issued pursuant to the present directive . ### if this requirement is met , the commission shall adopt an implementing act on the recognition in the union of the certificates , record books or logbooks issued by that third country , subject to that third country recognising within its jurisdiction union documents issued pursuant to the present directive and undertaking to present evidence every five years that its national rules are consistent with the provisions of this directive .


### training programmes leading to diplomas or certificates demonstrating compliance with the standards of competence referred to in article 15 shall be approved by the competent authorities of the member states in whose territory the relevant education or training institute is established . ### member states may establish training programmes for persons referred to in articles 4 , 5 and 6 . member states shall ensure that such training programmes leading to diplomas or certificates demonstrating compliance with the standards of competence referred to in article 15 are approved by the competent authorities of the member states in whose territory the relevant education or training institute carries out its training programmes .


### training programmes leading to diplomas or certificates demonstrating compliance with the standards of competence referred to in article 15 shall be approved by the competent authorities of the member states in whose territory the relevant education or training institute is established . ### training programmes leading to diplomas or certificates demonstrating compliance with the standards of competence referred to in article 15 shall be approved by the competent authorities of the member states with navigable waterways in whose territory the competent institute provides education or training , provided that the educational programme is an integral part of the member state ' s training system . member states may approve training programmes at national level on condition that such programmes meet the common criteria defined by cesni in the quality assessment and assurance system . the commission shall be empowered to adopt delegated acts in accordance with article 29 in order to supplement this directive by laying down common criteria for such programmes based on the common criteria defined by cesni in the qaas .


### within one year of the entry into force of this directive , the commission shall gradually adopt delegated acts setting up : ### within one year of the entry into force of this directive , the commission shall gradually adopt delegated and implementing acts setting up :


### within one year of the entry into force of this directive , the commission shall gradually adopt delegated acts setting up : ### within two years of the entry into force of this directive , the commission shall gradually adopt delegated acts setting up :


### boatmasters ' certificates issued in accordance with directive 96 / 50 / ec as well as rhine navigation licences referred to in article 1 of that directive , issued prior to the date following the end of the transposition period referred to in article 35 of this directive , shall remain valid on the union waterways where they were valid before this date for a maximum of 10 years after that date . before the expiry of validity , the member state that issued those documents shall issue a union certificate of qualification to boatmasters holding such certificates in accordance with the model prescribed by this directive or a certificate in application of article 9 of this directive , under the conditions that they provide satisfactory documentary evidence as referred to in article 10 and of this directive and : ### boatmasters ' certificates issued in accordance with directive 96 / 50 / ec as well as rhine navigation licences referred to in article 1 of that directive , issued prior to the date following the end of the transposition period referred to in article 35 of this directive , shall remain valid on the union waterways where they were valid before this date for a maximum of 10 years after that date . before the expiry of validity , the member state that issued those documents shall issue a union certificate of qualification to boatmasters holding such certificates in accordance with the model prescribed by this directive or a certificate in application of article 9 of this directive , under the conditions that they provide satisfactory documentary evidence as referred to in article 10 and of this directive .


### it is necessary to specify the objectives of the entry / exit system and its technical architecture , to lay down rules concerning its operation and use and to define responsibilities for the system , the categories of data to be entered into the system , the purposes for which the data are to be entered , the criteria for their entry , the authorities authorised to access the data and further rules on data processing and the protection of personal data . ### it is necessary to specify the purposes of the entry / exit system , the categories of data to be entered into the system , the criteria for their entry , the authorities authorised to access the data , further rules on data processing and the protection of personal data as well as the technical architecture of the system , rules concerning its operation and use . it is also necessary to define responsibilities for the system .


### the ees should have the objective of improving the management of external borders , preventing irregular immigration and facilitating the management of migration flows . the ees should , in particular and when relevant , contribute to the identification of any person who does not or no longer fulfils the conditions of duration of stay within the territory of the member states . ### the ees should have , as its primary purpose , the improvement of the management of external borders , the prevention of irregular immigration and the facilitation of the management of migration flows . in addition to the verification at external borders , the ees should , when relevant , contribute to the identification of any person who does not fulfil or no longer fulfils the conditions for entry in and stay and residence within the territory of the member states . the second purpose of the ees should be to contribute to the prevention , detection , investigation or prosecution of criminal offences , in particular where there is a substantiated suspicion that the suspect , perpetrator or victim of a terrorist offence or other serious criminal offence falls under a category covered by this regulation .


### the ees should have the objective of improving the management of external borders , preventing irregular immigration and facilitating the management of migration flows . the ees should , in particular and when relevant , contribute to the identification of any person who does not or no longer fulfils the conditions of duration of stay within the territory of the member states . ### the purpose of the ees should be to improve the management of external borders , to prevent irregular immigration and to facilitate the management of migration flows . the ees should , in particular and when relevant , contribute to the identification of any person who does not or no longer fulfils the conditions of duration of the authorised stay within the territory of the member states .


### to meet those objectives , the ees should process alphanumeric data and biometric data . the use of biometrics , despite its impact on the privacy of travellers , is justified for two reasons . firstly , biometrics are a reliable method to identify third country nationals within the territory of the member states not in possession of travel documents or any other means of identification , a common modus operandi of irregular migrants . secondly , biometrics provide for the more reliable matching of entry and exit data of legal travellers . where facial images are used in combination with fingerprint data , it allows for the reduction of fingerprints registered while enabling the same result in terms of accuracy of the identification . ### in order to fully exploit its potential , the ees should process alphanumeric data and biometric data . the use of biometrics is appropriate for two reasons . firstly , biometrics are a reliable method to identify third country nationals within the territory of the member states who are not in possession of travel documents or any other means of identification , a common modus operandi of irregular migrants , or who are hiding their identity by presenting falsified or fraudulent travel documents . secondly , biometrics provide for the more reliable matching of entry and exit data of legal travellers . where facial images are used in combination with fingerprint data , it allows for the reduction of fingerprints registered while enabling the same result in terms of accuracy of the identification .


### directive 95 / 46 / ec of the european parliament and of the council12 applies to the processing of personal data by the member states in application of this regulation unless such processing is carried out by the designated or verifying authorities of the member states for the purposes of the prevention , detection or investigation of terrorist offences or of other serious criminal offences . ___________________ 12directive 95 / 46 / ec of the european parliament and of the council of 24 october 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data . ### regulation 2016 / 679 of the european parliament and of the council12 applies to the processing of personal data by the member states in application of this regulation unless such processing is carried out by the designated or verifying authorities of the member states for the purposes of the prevention , investigation , detection or prosecution of terrorist offences or of other serious criminal offences . ___________________ 12regulation 2016 / 679 of 27 april 2016 of the european parliament and of the council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data , and repealing directive 95 / 46 / ec .


### the independent supervisory authorities established in accordance with article 28 of directive 95 / 46 / ec should monitor the lawfulness of the processing of personal data by the member states , whilst the european data protection supervisor as established by regulation no 45 / 2001 should monitor the activities of the union institutions and bodies in relation to the processing of personal data . the european data protection supervisor and the supervisory authorities should cooperate with each other in the monitoring of the ees . ### the independent supervisory authorities established in accordance with article 51 of regulation 2016 / 679 should monitor the lawfulness of the processing of personal data by the member states , whilst the european data protection supervisor as established by regulation no 45 / 2001 should monitor the activities of the union institutions and bodies in relation to the processing of personal data . the european data protection supervisor and the supervisory authorities should cooperate with each other in the monitoring of the ees .


### ' the european data protection supervisor was consulted in accordance with article 28 of regulation no 45 / 2001 and delivered an opinion on … ### the european data protection supervisor was consulted in accordance with article 28 of regulation no 45 / 2001 and delivered an opinion on 21 september 2016 .


### this regulation is without prejudice to the application of dreictive 2004 / 38 / ec . ### this regulation is without prejudice to the application of directive 2004 / 38 / ec .


### this regulation establishes an ' entry / exit system ' for the recording and storage of information on the date , time and place of entry and exit of third country nationals crossing the external borders of the member states , for the calculation of the duration of their stay , and for the generation of alerts to member states when authorised periods for stay have expired as well as for the recording of the date , time and place of refusal of entry of third country nationals whose entry for a short stay { or on the basis of a touring visa } has been refused as well as the authority of the member state which refused the entry and the reasons for the refusal . ### this regulation establishes an ' entry / exit system ' for the recording and storage of information on the date , time and place of entry and exit of third country nationals crossing the external borders of the member states , for the calculation of the duration of their authorised stay , and for the generation of alerts to member states when authorised periods for stay have expired as well as for the recording of the date , time and place of refusal of entry of third country nationals whose entry for a short stay { or on the basis of a touring visa } has been refused as well as the authority of the member state which refused the entry and the reasons for the refusal .


### ‘ short stay visa’ means an authorisation issued by a member state with a view to an intended stay on the territory of the member states of a duration of no more than 90 days in any 180 day period ; ### ‘ short stay visa’ means visa as defined in point of article 2 of regulation no 810 / 2009 of the european parliament and of the council1a ; ___________________ 1a regulation no 810 / 2009 of the european parliament and of the council of 13 july 2009 establishing a community code on visas .


### the terms defined in article 2 of directive 95 / 46 / ec shall have the same meaning in this regulation in so far as personal data are processed by the authorities of member states for the purpose laid down in article 5 of this regulation . ### the terms defined in article 4 of regulation 2016 / 679 shall have the same meaning in this regulation in so far as personal data are processed by the authorities of member states for the purposes laid down in points to of article 5 of this regulation .


### set - up of the ees ### development and operational management of the ees


### a national uniform interface in each member state based on common technical specifications and identical for all member states enabling the connection of the central system to the national border infrastructures in member states ; ### a national uniform interface in each member state based on common technical specifications and identical for all member states enabling the connection of the central system to the national border infrastructures in member states in a secure manner ;


### retrieve and import the visa related data directly from the vis in order to update the ees in the event that a visa is annulled , revoked or extended in accordance with article 17 of this regulation and articles 13 , 14 and 18a of regulation no 767 / 2008 ; ### retrieve and import the visa related data directly from the vis in order to update the ees record in the event that a visa is annulled , revoked or extended in accordance with article 17 of this regulation and articles 13 , 14 and 18a of regulation no 767 / 2008 ;


### verify the authenticity and validity of the visa or whether the conditions for entry to the territory of the member states in accordance with article 6 of regulation 2016 / 399 are fulfilled pursuant to article 21 of this regulation and article 18 of regulation no 767 / 2008 ; ### verify at the external borders the authenticity and validity of the visa or whether the conditions for entry to the territory of the member states in accordance with article 6 of regulation 2016 / 399 are fulfilled pursuant to article 21 of this regulation and article 18 of regulation no 767 / 2008 ;


### in order to enable third country nationals to verify at any moment the remaining authorised length of stay , a secure internet access to a web service hosted by eu - lisa in its two technical sites shall allow those third country nationals to provide the data required pursuant to article 14 together with the anticipated entry and exit dates . on that basis , the web service shall provide them with an ok / not ok answer . the web service shall use a separate read - only database updated on a daily basis via a one - way extraction of the minimum necessary subset of ees data . ### in order to enable third country nationals to verify at any moment the remaining authorised length of stay , a secure internet access to a web service hosted by eu - lisa in its two technical sites shall allow those third country nationals to provide the data required pursuant to article 14 together with the anticipated entry and exit dates . on that basis , the web service shall provide them with an ok / not ok answer . the web service shall use a separate read - only database updated on a daily basis via a one - way extraction of the minimum necessary subset of ees data . eu - lisa shall be the controller responsible for the security of the web service , for the security of the personal data it contains and the process to extract the personal data from the central system into the web service . eu - lisa shall perform an information security risk assessment in order to define the specific security needs of the web service .


### personal data for visa holders ### personal data for third country nationals subject to a visa requirement to cross the external borders


### the border authority shall create the individual file of the visa holding third country national by entering the following data : ### the border authority shall create the individual file of the third country national subject to a visa requirement to cross the external borders by entering the following data :


### type , number and three letter code of the issuing country of the travel document or documents ; ### type and number of the travel document or documents and three letter code of the issuing country of the travel document or documents ;


### on each entry of the visa holding third country national , the following data shall be entered in an entry / exit record . that record shall be linked to the individual file of that third country national using the individual reference number created by the ees upon creation of that file : ### on each entry of the third country national subject to a visa requirement to cross the external borders , the following data shall be entered in an entry / exit record . that record shall be linked to the individual file of that third country national using the individual reference number created by the ees upon creation of that file :