### subject to the flexibilities provided for in articles 5 , 6 and 7 , to the adjustment pursuant to article 10 and taking into account any deduction resulting from the application of article 7 of decision no 406 / 2009 / ec , each member state shall ensure that its greenhouse gas emissions in each year between 2021 and 2029 do not exceed the level defined by a linear trajectory , starting in 2020 on the average of its greenhouse gas emissions during 2016 , 2017 and 2018 determined pursuant to paragraph 3 and ending in 2030 on the limit set for that member state in annex i to this regulation . ### subject to the flexibilities provided for in articles 5 , 6 and 7 , to the adjustment pursuant to article 10 and taking into account any deduction resulting from the application of article 7 of decision no 406 / 2009 / ec , each member state with a negative limit under annex ii to decision no 406 / 2009 / ec shall ensure that its greenhouse gas emissions in each year between 2021 and 2029 do not exceed the level defined by a linear trajectory , starting in 2021 on the average of its greenhouse gas emissions during 2016 , 2017 and 2018 determined pursuant to paragraph 3 and ending in 2030 on the limit set for that member state in annex i to this regulation . subject to the flexibilities provided for in articles 5 , 6 and 7 , to the adjustment pursuant to article 10 and taking into account any deduction resulting from the application of article 7 of decision no 406 / 2009 / ec , each member state with a positive limit under annex ii to decision no 406 / 2009 / ec shall ensure that its greenhouse gas emissions in each year between 2021 and 2029 do not exceed the level defined by a linear trajectory , starting in 2021 on limit set for that member state in annex ii to decision no 406 / 2009 / ec and ending in 2030 on the limit set for that member state in annex i to this regulation .


### in order to ensure efficient , transparent and cost - effective reporting and verification of greenhouse gas emissions and of other information necessary to assess progress with member state ' s annual emissions allocations , the requirements for annual reporting and evaluation under this regulation are integrated with the relevant articles under regulation no . 525 / 2013 , which should therefore be amended accordingly . the amendment of that regulation should also ensure that progress of member states in making emission reductions continues to be evaluated annually , taking into account progress in union policies and measures and information from member states . every two years , the evaluation should include the projected progress of the union towards meeting its reduction commitments and of member states towards fulfilling their obligations . however , the application of deductions should only be considered at five - year intervals , so that the potential contribution from deforested land , afforested land , managed cropland and managed grassland taking place pursuant to regulation [ ] can be considered . this is without prejudice to the duty of the commission to ensure compliance with the obligations of member states resulting from this regulation or to the power of the commission to initiate infringement proceedings for this purpose . ### in order to ensure efficient , transparent and cost - effective reporting and verification of greenhouse gas emissions and of other information necessary to assess progress with member state ' s annual emissions allocations , the requirements for annual reporting and evaluation under this regulation are integrated with the relevant articles under regulation no . 525 / 2013 , which should therefore be amended accordingly . the amendment of that regulation should also ensure that progress of member states in making emission reductions continues to be evaluated annually , taking into account progress in union policies and measures and information from member states . every two years , the evaluation should include the projected progress of the union towards meeting its reduction commitments and of member states towards fulfilling their obligations . however , the application of deductions should only be considered at five - year intervals , so that the potential contribution from deforested land , afforested land , managed cropland and managed grassland taking place pursuant to regulation [ ] can be considered . exceptionally and on a random basis , checks could also be performed within a shorter time than provided for . this is without prejudice to the duty of the commission to ensure compliance with the obligations of member states resulting from this regulation or to the power of the commission to initiate infringement proceedings for this purpose .


### on 10 june 2016 the commission presented the proposal for the eu to ratify the paris agreement . this legislative proposal forms part of the implementation of the eu ' s commitment in the paris agreement . the union ' s commitment to economy - wide emission reductions was confirmed in the intended nationally determined contribution of the union and its member states that was submitted to the secretariat of the unfccc on 6 march 2015 . ### on 10 june 2016 the commission presented the proposal for the eu to ratify the paris agreement . this legislative proposal forms part of the implementation of the eu ' s commitment in the paris agreement which aims to strengthen the global response to the threat of climate change by holding the increase in global average temperatures to well below 2 °c above pre - industrial levels and pursuing efforts to limit the temperature increase to 1 . 5 °c above pre - industrial levels , and , among other things , to foster low greenhouse gas emissions development in a manner that does not threaten food production . the union ' s commitment to economy - wide emission reductions was confirmed in the intended nationally determined contribution of the union and its member states that was submitted to the secretariat of the unfccc on 6 march 2015 .


### this regulation should be reviewed as of 2024 and every 5 years thereafter in order to assess its overall functioning . the review should take into account evolving national circumstances and be informed by the results of the global stocktake of the paris agreement . ### this regulation should be reviewed as of 2024 and every 5 years thereafter in order to assess its overall functioning . the review should take into account evolving national circumstances and be informed by the results of the global stocktake of the paris agreement . an additional review should be conducted to account for economic consequences in the event of a member state exiting the union under article 50 of the treaty on european union .


### additional use of up to 280 million net removals from deforested land , afforested land , managed cropland and managed grassland ### additional use of up to 280 million net removals from deforested land , afforested land , managed forest land , managed cropland and managed grassland


### the commission shall report to the european parliament and to the council by 28 february 2024 and every five years thereafter on the operation of this regulation , its contribution to the eu ' s overall 2030 greenhouse gas emission reduction target and its contribution to the goals of the paris agreement , and may make proposals if appropriate . ### the commission shall report to the european parliament and to the council no later than one year following the global stocktake of the paris agreement in 2023 and every five years thereafter on the operation of this regulation , its contribution to the eu ' s overall 2030 greenhouse gas emission reduction target , its contribution to the goals of the paris agreement , and its ambition relative to that of the other parties to the paris agreement , and may make proposals if appropriate .


### the esf + should support member states’ efforts to tackle poverty with a view to breaking the cycle of disadvantage across generations and promote social inclusion by ensuring equal opportunities for all , tackling discrimination and addressing health inequalities . this implies mobilising a range of policies targeting the most disadvantaged people regardless of their age , including children , marginalised communities such as the roma , and the working poor . the esf + should promote the active inclusion of people far from the labour market with a view to ensuring their socio - economic integration . the esf + should be also used to enhance timely and equal access to affordable , sustainable and high quality services such as healthcare and long - term care , in particular family and community - based care services . the esf + should contribute to the modernisation of social protection systems with a view in particular to promoting their accessibility . ### the esf + should support member states’ efforts to tackle poverty with a view to breaking the cycle of disadvantage across generations and promote social inclusion by ensuring equal opportunities for all , tackling discrimination and addressing health inequalities . this implies also , but not limited to mobilising a range of policies targeting the most disadvantaged people regardless of their age , including children , marginalised communities such as the roma , and the working poor . the esf + should promote the active inclusion of people far from the labour market with a view to ensuring their socio - economic integration . the esf + should be also used to enhance timely and equal access to affordable , sustainable and high quality services such as patient - centred healthcare , related care and long - term care , in particular family and community - based care services . the esf + should contribute to the modernisation of social protection systems with a view in particular to promoting their accessibility .


### support the development of cooperation on health technology assessment in preparation of new harmonised rules ### support the development of cooperation on and capacity - building in health technology assessment in preparation of new harmonised rules


### under the health strand , the esf + shall support health promotion and disease prevention , contribute to effectiveness , accessibility and resilience of health systems , make healthcare safer , reduce health inequalities , protect citizens from cross - border health threats , and support eu health legislation . ### under the health strand , the esf + shall support health promotion and disease prevention , contribute to effectiveness , accessibility and resilience of health systems , make healthcare safer , reduce health inequalities , protect citizens from cross - border health threats , enable the operation of european networks of civil society , and support eu health legislation .


### the commission shall consult the health authorities of the member states in the steering group on health promotion , disease prevention and management of non - communicable diseases or in other relevant commission expert group or similar entities on the work plans established for the health strand and its priorities and strategic orientations and its implementation , and also on the health policy perspective of other policies and support mechanisms , thus increasing their overall coordination and added value . ### the commission shall consult the health authorities of the member states in the steering group on health promotion , disease prevention and management of non - communicable diseases or in other relevant commission expert group or similar entities on the annual work plans established for the health strand and its priorities and strategic orientations and its implementation , and also on the health policy perspective of other policies and support mechanisms , thus increasing their overall coordination and added value .


### keeping people healthy and active longer and empowering them to take an active role in managing their health will have positive effects on health , health inequalities , quality of life , productivity , competitiveness and inclusiveness , while reducing pressures on national budgets . the commission has been committed to help member states to reach their sustainable development goals , in particular sdg 3 ' ensure healthy lives and promote well - being for all at all ages ' . 17 __________________ 17 com 739 final ### continued effort is required in order to meet the requirements set out in article 168 tfeu . keeping people healthy and active longer and empowering them to take an active role in managing their health will have positive effects on health , health inequalities , quality of life , productivity , competitiveness and inclusiveness , while reducing pressures on national budgets . support for , and recognition of , innovation , which has an impact on health , helps in order to take up the challenge of sustainability in the health sector in the context of addressing the challenges of demographic change ; moreover , action to reduce inequalities in health is important for the purposes of achieving ' inclusive growth ' . the commission has been committed to help member states to reach their sustainable development goals , in particular sdg 3 ' ensure healthy lives and promote well - being for all at all ages ' 17 . __________________ 17 com 739 final


### invest in health promotion and disease prevention ### invest in health promotion and disease prevention , including through the promotion of physical activity


### the esf + should support member states’ efforts to tackle poverty with a view to breaking the cycle of disadvantage across generations and promote social inclusion by ensuring equal opportunities for all , tackling discrimination and addressing health inequalities . this implies mobilising a range of policies targeting the most disadvantaged people regardless of their age , including children , marginalised communities such as the roma , and the working poor . the esf + should promote the active inclusion of people far from the labour market with a view to ensuring their socio - economic integration . the esf + should be also used to enhance timely and equal access to affordable , sustainable and high quality services such as healthcare and long - term care , in particular family and community - based care services . the esf + should contribute to the modernisation of social protection systems with a view in particular to promoting their accessibility . ### the esf + should support member states’ efforts to tackle poverty with a view to breaking the cycle of disadvantage across generations and promote social inclusion by ensuring equal opportunities for all , tackling discrimination and addressing health inequalities . this implies also , but not limited to mobilising a range of policies targeting the most disadvantaged people regardless of their age , including children , marginalised communities such as the roma , and the working poor . the esf + should promote the active inclusion of people far from the labour market with a view to ensuring their socio - economic integration . the esf + should be also used to enhance timely and equal access to affordable , sustainable and high quality services such as person - centred healthcare , related care and long - term care , in particular family and community - based care services . this includes health promotion and disease prevention services as part of primary healthcare services . the esf + should contribute to the modernisation of social protection systems with a view in particular to promoting their accessibility .


### the financial envelope for the employment and social innovation strand and the health strand for the period 2021 - 2027 shall be eur 1 174 000 000 in current prices . ### the financial envelope for the employment and social innovation strand and the health strand for the period 2021 - 2027 shall be eur 1 219 000 000 in current prices .


### evidence and the common values and principles in european union health systems as set out in the council conclusions of 2 june 2006 should support the decision - making processes for planning and managing innovative , efficient and resilient health systems , promoting tools for ensuring universal access to quality healthcare , and the voluntary wider scale implementation of best practices . ### evidence and the common values and principles in european union health systems as set out in the council conclusions of 2 june 2006 should support the decision - making processes for planning and managing innovative , efficient and resilient health systems , promoting tools for ensuring universal access to quality healthcare , and the voluntary wider scale implementation of best practices . this includes health promotion and disease prevention services as part of primary healthcare services .


### the esf + should support member states’ efforts to tackle poverty with a view to breaking the cycle of disadvantage across generations and promote social inclusion by ensuring equal opportunities for all , tackling discrimination and addressing health inequalities . this implies mobilising a range of policies targeting the most disadvantaged people regardless of their age , including children , marginalised communities such as the roma , and the working poor . the esf + should promote the active inclusion of people far from the labour market with a view to ensuring their socio - economic integration . the esf + should be also used to enhance timely and equal access to affordable , sustainable and high quality services such as healthcare and long - term care , in particular family and community - based care services . the esf + should contribute to the modernisation of social protection systems with a view in particular to promoting their accessibility . ### the esf + should support member states’ efforts to tackle poverty with a view to breaking the cycle of disadvantage across generations and promote social inclusion by ensuring equal opportunities for all , tackling discrimination and addressing health inequalities . this implies also , but not limited to mobilising a range of policies targeting the most disadvantaged people regardless of their age , including children , marginalised communities such as the roma , and the working poor . the esf + should promote the active inclusion of people far from the labour market with a view to ensuring their socio - economic integration . the esf + should be also used to enhance timely and equal access to affordable , sustainable and high quality services such as patient - centred healthcare , related care and long - term care , in particular family and community - based care services . this includes health promotion and disease prevention services as part of primary healthcare services . the esf + should contribute to the modernisation of social protection systems with a view in particular to promoting their accessibility .


### all programmes implemented under the esf + strand under shared management , as well as the operations supported by the employment and social innovation and health strands shall ensure equality between men and women throughout their preparation , implementation , monitoring and evaluation . they shall also promote equal opportunities for all , without discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation throughout their preparation , implementation , monitoring and evaluation . ### all programmes implemented under the esf + strand under shared management , as well as the operations supported by the employment and social innovation and health strands shall ensure equality between men and women throughout their preparation , implementation , monitoring and evaluation . they shall also promote equal opportunities for all , without discrimination based on sex , racial or ethnic origin , religion or belief , disability or health condition , age or sexual orientation throughout their preparation , implementation , monitoring and evaluation .


### under the health strand , the esf + shall support health promotion and disease prevention , contribute to effectiveness , accessibility and resilience of health systems , make healthcare safer , reduce health inequalities , protect citizens from cross - border health threats , and support eu health legislation . ### under the health strand , the esf + shall support health promotion and disease prevention , including through the promotion of physical activity , contribute to effectiveness , accessibility and resilience of health systems , make healthcare safer , reduce health inequalities , protect citizens from cross - border health threats , and support eu health legislation .


### evidence and the common values and principles in european union health systems as set out in the council conclusions of 2 june 2006 should support the decision - making processes for planning and managing innovative , efficient and resilient health systems , promoting tools for ensuring universal access to quality healthcare , and the voluntary wider scale implementation of best practices . ### evidence and the common values and principles in european union health systems as set out in the council conclusions of 2 june 2006 should support the decision - making processes for planning and managing innovative , efficient and resilient health systems , promoting tools for ensuring universal access to quality person - centred healthcare and related care , and the voluntary wider scale implementation of best practices .


### support the development of a sustainable union health information system ### support the development of a sustainable , transparent and accessible union health information system


### enhancing the equal and timely access to quality , sustainable and affordable services ; modernising social protection systems , including promoting access to social protection ; improving accessibility , effectiveness and resilience of healthcare systems and long - term care services ; ### enhancing the equal and timely access to quality , sustainable and affordable person - centred healthcare and related care services ; modernising social protection systems , including promoting access to social protection ; improving accessibility , effectiveness and resilience of healthcare systems and long - term care services ;


### only actions pursuing the objectives referred to in articles 3 and 26 are eligible for funding . ### only actions pursuing the objectives referred to in articles 3 , 4 and 26 are eligible for funding .


### the health strand of the esf + should contribute to disease prevention throughout the lifetime of the union ' s citizens and to health promotion by addressing health risk factors such as tobacco use and passive smoking , harmful use of alcohol , consumption of illicit drugs and reduction of drugs - related health damage , unhealthy dietary habits and physical inactivity and foster supportive environments for healthy lifestyles in order to complement member states action in line with the relevant strategies . the health strand of the esf + should mainstream effective prevention models , innovative technologies and new business models and solutions to contribute to innovative , efficient and sustainable health systems of the member states and facilitate access to better and safer healthcare for european citizens . ### current public health issues can only be effectively dealt with through collaboration at eu level . the health strand of the esf + should contribute to disease prevention throughout the lifetime of the union ' s citizens and to health promotion by addressing health risk factors such as tobacco use and passive smoking , harmful use of alcohol , consumption of illicit drugs and reduction of drugs - related health damage , unhealthy dietary habits and physical inactivity and foster supportive environments for healthy lifestyles in order to complement member states action in line with the relevant strategies . the health strand of the esf + should mainstream effective prevention models , innovative technologies and new business models and solutions to contribute to innovative , efficient and sustainable health systems of the member states and facilitate access to better and safer healthcare for european citizens .


### the health strand of the esf + should contribute to disease prevention throughout the lifetime of the union ' s citizens and to health promotion by addressing health risk factors such as tobacco use and passive smoking , harmful use of alcohol , consumption of illicit drugs and reduction of drugs - related health damage , unhealthy dietary habits and physical inactivity and foster supportive environments for healthy lifestyles in order to complement member states action in line with the relevant strategies . the health strand of the esf + should mainstream effective prevention models , innovative technologies and new business models and solutions to contribute to innovative , efficient and sustainable health systems of the member states and facilitate access to better and safer healthcare for european citizens . ### the health strand of the esf + should contribute to disease prevention , early diagnosis throughout the lifetime of the union ' s citizens and to health promotion by addressing health risk factors such as tobacco use , smoking and passive smoking , harmful use of alcohol , consumption of illicit drugs and reduction of drugs - related health damage , unhealthy dietary habits and physical inactivity and foster supportive environments for healthy lifestyles , well - designed public health interventions for reducing the burden and impact of infections in the overall health throughout life in order to complement member states action in line with the relevant strategies . the health strand of the esf + should mainstream effective prevention models , innovative technologies and new business models and solutions to contribute to innovative , efficient and sustainable health systems of the member states and facilitate access to better and safer healthcare for european citizens


### keeping people healthy and active longer and empowering them to take an active role in managing their health will have positive effects on health , health inequalities , quality of life , productivity , competitiveness and inclusiveness , while reducing pressures on national budgets . the commission has been committed to help member states to reach their sustainable development goals , in particular sdg 3 ' ensure healthy lives and promote well - being for all at all ages ' . 17 _________________ 17 com 739 final ### continued effort is required in order to meet the requirements set out in article 168 tfeu . keeping people healthy and active longer and empowering them to take an active role in managing their health will have positive effects on health , health inequalities , quality of life , productivity , competitiveness and inclusiveness , while reducing pressures on national budgets . support for , and recognition of , innovation , including social innovation , which has an impact on health , helps in order to take up the challenge of sustainability in the health sector in the context of addressing the challenges of demographic change . moreover , action to reduce inequalities in health is important for the purposes of achieving ' inclusive growth ' . the commission has been committed to help member states to reach their sustainable development goals , in particular sdg 3 ' ensure healthy lives and promote well - being for all at all ages . 17 _________________ 17 com 739 final


### the marrakesh treaty to facilitate access to published works for persons who are blind , visually impaired , or otherwise print disabled was signed on behalf of the union on 30 april 201423 . its aim is to improve the availability of works and other protected subject - matter in accessible formats for persons who are blind , visually impaired or otherwise print disabled . the marrakesh treaty requires contracting parties to provide exceptions or limitations to the rights of holders of copyright and related rights for the making and dissemination of copies in accessible formats of certain works and other subject - matter , and for the cross - border exchange of those copies . the conclusion of the marrakesh treaty by the union requires the adaptation of union law by establishing a mandatory exception for uses , works and beneficiary persons covered by the treaty . this directive implements the obligations that the union has to meet under the marrakesh treaty in a harmonised manner , with a view to ensuring that those measures are applied consistently throughout the internal market . _________________ 23 council decision 2014 / 221 / eu of 14 april 2014 on the signing , on behalf of the european union , of the marrakesh treaty to facilitate access to published works for persons who are blind , visually impaired , or otherwise print disabled . . ### the marrakesh treaty to facilitate access to published works for persons who are blind , visually impaired , or otherwise print disabled was signed on behalf of the union on 30 april 201423 , having already been adopted in 2013 by the world intellectual property organization . its aim is to improve the availability of works and other protected subject - matter in accessible formats for persons who are blind , visually impaired or otherwise print disabled . the marrakesh treaty requires contracting parties to provide exceptions or limitations to the rights of holders of copyright and related rights for the making and dissemination of copies in accessible formats of certain works and other subject - matter , and for the cross - border exchange of those copies . the conclusion of the marrakesh treaty by the union requires the adaptation of union law by establishing a mandatory exception for uses , works and beneficiary persons covered by the treaty . this directive implements the obligations that the union has to meet under the marrakesh treaty in a harmonised manner , with a view to ensuring that those measures are applied consistently throughout the internal market . _________________ 23 council decision 2014 / 221 / eu of 14 april 2014 on the signing , on behalf of the european union , of the marrakesh treaty to facilitate access to published works for persons who are blind , visually impaired , or otherwise print disabled .


### under the charter of fundamental rights of the european union , the union recognises and respects the right of people with disabilities to benefit from measures designed to ensure their independence , social and occupational integration and participation in the life of the community . ### under articles 21 and 26 of the charter of fundamental rights of the european union , the union prohibits discrimination on the grounds of disability and recognises and respects the right of people with disabilities to benefit from measures designed to ensure their independence , social and occupational integration and participation in the life of the community .


### ‘ accessible format copy’ means a copy of a work or other subject - matter in an alternative manner or form that gives a beneficiary person access to the work or other subject - matter , including allowing for the person to have access as feasibly and comfortably as a person without a visual impairment or any of the disabilities referred to in paragraph 2 ; ### ' accessible format copy ' means a copy of a work or other subject - matter , presented on a non - profit basis in an alternative manner or form that gives a beneficiary person access to the work or other subject - matter , including allowing for the person to have access as feasibly and comfortably as a person without a visual impairment or any of the disabilities referred to in paragraph 2 ;


### ‘ beneficiary person’ means : ### ‘ beneficiary person’ means , regardless of any other disabilities :


### ‘ accessible format copy’ means a copy of a work or other subject - matter in an alternative manner or form that gives a beneficiary person access to the work or other subject - matter , including allowing for the person to have access as feasibly and comfortably as a person without a visual impairment or any of the disabilities referred to in paragraph 2 ; ### ‘ accessible format copy’ means a copy of a work or other subject - matter in an alternative manner or form that gives a beneficiary person access to the work or other subject - matter , including allowing for the person to have access as feasibly and comfortably as a person without any of the impairments or disabilities referred to in paragraph 2 ;


### any processing of personal data under this directive should respect fundamental rights , including the right to respect for private and family life and the right to protection of personal data under articles 7 and 8 of the charter of fundamental rights of the european union and must be in compliance with directive 95 / 46 / ec of the european parliament and of the council , which governs the processing of personal data , as may be carried out by authorised entities within the framework of this directive and under the supervision of the member statesʼ competent authorities , in particular the public independent authorities designated by the member states . ### any processing of personal data under this directive should respect fundamental rights , including the right to respect for private and family life and the right to protection of personal data under articles 7 and 8 of the charter of fundamental rights of the european union and must be in compliance with directive 95 / 46 / ec of the european parliament and of the council and with regulation 2016 / 679 of the european parliament and of the council1a , which govern the processing of personal data , as may be carried out by authorised entities within the framework of this directive and under the supervision of the member statesʼ competent authorities , in particular the public independent authorities designated by the member states . __________________ 1a regulation 2016 / 679 of the european parliament and of the council of 27 april 2016 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 .


### ‘ authorised entity’ means an organisation providing education , instructional training , adaptive reading or information access to beneficiary persons on a non - profit basis , as its main activity or as one of its main activities or public - interest missions . ### ' authorised entity ' means an organisation providing education , instructional training , adaptive reading or information access to beneficiary persons on a non - profit basis , as its main activity or as one of its main activities or public - interest missions , regardless of whether it is supervised by a government .


### no sooner than [ five years after the date of transposition ] , the commission shall carry out an evaluation of this directive and present the main findings to the european parliament , the council and the european economic and social committee , accompanied , where appropriate , by proposals for the amendment of this directive ### by [ five years after the date of transposition ] , the commission – taking also into account technological developments in the context of accessibility – shall carry out an evaluation of this directive and present the main findings to the european parliament , the council and the european economic and social committee , accompanied , where appropriate , by proposals for the amendment of this directive . the commission ' s report shall take into account the viewpoints of relevant civil society actors , non - governmental organisations and social partners , including organisations of and by persons with disabilities and those representing older persons .


### persons who are blind , visually impaired or otherwise print disabled continue to face many barriers in accessing books and other print material which are protected by copyright and related rights . measures need to be taken to increase the availability of those works in accessible formats and to improve their circulation in the internal market . ### persons who are blind , visually impaired or otherwise print disabled continue to face many barriers in accessing books and other print material which are protected by copyright and related rights . measures need to be taken forthwith to considerably increase the availability of those works in accessible formats and to significantly improve their circulation in the internal market .


### any processing of personal data under this directive should respect fundamental rights , including the right to respect for private and family life and the right to protection of personal data under articles 7 and 8 of the charter of fundamental rights of the european union and must be in compliance with directive 95 / 46 / ec of the european parliament and of the council , which governs the processing of personal data , as may be carried out by authorised entities within the framework of this directive and under the supervision of the member statesʼ competent authorities , in particular the public independent authorities designated by the member states . ### any processing of personal data under this directive should respect fundamental rights , including the right to respect for private and family life and the right to protection of personal data under articles 7 and 8 of the charter of fundamental rights of the european union and must be in compliance with directive 95 / 46 / ec of the european parliament and of the council and with regulation 2016 / 679 of the european parliament and of the council1a , which govern the processing of personal data , as may be carried out by authorised entities within the framework of this directive and under the supervision of the member statesʼ competent authorities , in particular the public independent authorities designated by the member states . _________________ 1a regulation 2016 / 679 of the european parliament and of the council of 27 april 2016 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 .


### ' work and other subject - matter ' means a work in the form of a book , journal , newspaper , magazine or other writing , including sheet music , and related illustrations , in any media , including in audio forms such as audiobooks , which is protected by copyright or related rights and which is published or otherwise lawfully made publicly available ; ### ' work and other subject - matter ' means a work in the form of a book , e - book , journal , newspaper , magazine or other writing , including sheet music , and related illustrations , in any media , online or offline , including in audio forms such as audiobooks , which is protected by copyright or related rights and which is published or otherwise lawfully made publicly available ;


### the pnr data transferred by the air carriers , pursuant to article 6 , in relation to international flights which land on or depart from the territory of each member state shall be collected by the passenger information unit of the relevant member state . should the pnr data transferred by air carriers include data beyond those listed in the annex , the passenger information unit shall delete such data immediately upon receipt . ### the pnr data transferred by the air carriers and non - carrier economic operators , pursuant to article 6 , in relation to international flights which land on or depart from the territory of each member state shall be collected by the passenger information unit of the relevant member state . should the pnr data transferred by air carriers and non - carrier economic operators include data beyond those listed in the annex , the passenger information unit shall delete such data immediately upon receipt .


### in particular , the scope of the directive is as limited as possible , it allows retention of pnr data for period of time not exceeding 5 years , after which the data must be deleted , the data must be anonymised after a very short period , the collection and use of sensitive data is prohibited . in order to ensure efficiency and a high level of data protection , member states are required to ensure that an independent national supervisory authority is responsible for advising and monitoring how pnr data are processed . all processing of pnr data must be logged or documented for the purpose of verification of the lawfulness of the data processing , self - monitoring and ensuring proper data integrity and security of the data processing . member states must also ensure that passengers are clearly and precisely informed about the collection of pnr data and their rights . ### in particular , the scope of the directive is as limited as possible , it allows retention of pnr data for period of time not exceeding 5 years , after which the data must be deleted , the data must be masked out after a very short period , the collection and use of sensitive data is prohibited . in order to ensure efficiency and a high level of data protection , member states are required to ensure that an independent national supervisory authority is responsible for advising and monitoring how pnr data are processed . all processing of pnr data must be logged or documented for the purpose of verification of the lawfulness of the data processing , self - monitoring and ensuring proper data integrity and security of the data processing . member states must also ensure that passengers are clearly and precisely informed about the collection of pnr data and their rights .


### carrying out an assessment of the passengers prior to their scheduled arrival or departure from the member state in order to identify any persons who may be involved in a terrorist offence or serious transnational crime and who require further examination by the competent authorities referred to in article 5 . in carrying out such an assessment , the passenger information unit may process pnr data against pre - determined criteria . member states shall ensure that any positive match resulting from such automated processing is individually reviewed by non - automated means in order to verify whether the competent authority referred to in article 5 needs to take action ; ### carrying out an assessment of the passengers prior to their scheduled arrival or departure from the member state in order to identify any persons who may be involved in a terrorist offence or serious transnational crime , including individuals who may be travelling for the purpose of the perpetration , planning , or preparation of , or participation in , terrorist acts , or the providing or receiving of terrorist training , and who require further examination by the competent authorities referred to in article 5 . in carrying out such an assessment , the passenger information unit may process pnr data against pre - determined criteria . member states shall ensure that any positive match resulting from such automated processing is individually reviewed by non - automated means in order to verify whether the competent authority referred to in article 5 needs to take action ;


### there are two possible methods of data transfer currently available : the ‘ pull’ method , under which the competent authorities of the member state requiring the data can reach into the air carrier’s reservation system and extract a copy of the required data , and the ‘ push’ method , under which air carriers transfer the required pnr data to the authority requesting them , thus allowing air carriers to retain control of what data is provided . the ‘ push’ method is considered to offer a higher degree of data protection and should be mandatory for all air carriers . ### there are two possible methods of data transfer currently available : the ‘ pull’ method , under which the competent authorities of the member state requiring the data can reach into the air carrier’s reservation system and extract a copy of the required data , and the ‘ push’ method , under which air carriers and non - carrier economic operators transfer the required pnr data to the authority requesting them , thus allowing air carriers to retain control of what data is provided . the ‘ push’ method is considered to offer a higher degree of data protection and should be mandatory for all air carriers and non - carrier economic operators .


### member states shall adopt the necessary measures to ensure that air carriers transfer the pnr data as defined in article 2 and specified in the annex , to the extent that such data are already collected by them , to the database of the national passenger information unit of the member state on the territory of which the international flight will land or from the territory of which the flight will depart . where the flight is code - shared between one or more air carriers , the obligation to transfer the pnr data of all passengers on the flight shall be on the air carrier that operates the flight . where the flight has one or more stop - overs at the airports of the member states , air carriers shall transfer the pnr data to the passenger information units of all the member states concerned . ### member states shall adopt the necessary measures to ensure that air carriers and non - carrier economic operators transfer the pnr data as defined in article 2 and specified in the annex , to the extent that such data are already collected by them , to the database of the national passenger information unit of the member state on the territory of which the international flight will land or from the territory of which the flight will depart . where the flight is code - shared between one or more air carriers , the obligation to transfer the pnr data of all passengers on the flight shall be on the air carrier that operates the flight . where the flight has one or more stop - overs at the airports of the member states , air carriers shall transfer the pnr data to the passenger information units of all the member states concerned .


### carrying out an assessment of the passengers prior to their scheduled arrival or departure from the member state in order to identify any persons who may be involved in a terrorist offence or serious crime and who require further examination by the competent authorities referred to in article 5 . in carrying out such an assessment the passenger information unit may compare pnr data against relevant databases , including international or national databases or national mirrors of union databases , where they are established on the basis of union law , on persons or objects sought or under alert , in accordance with union , international and national rules applicable to such files . member states shall ensure that any positive match resulting from such automated processing is individually reviewed by non - automated means in order to verify whether the competent authority referred to in article 5 needs to take action ; ### carrying out an assessment of the passengers prior to their scheduled arrival or departure from the member state in order to identify any persons who may be involved in a terrorist offence or serious crime , including individuals who may be travelling for the purpose of the perpetration , planning , or preparation of , or participation in , terrorist acts , or the providing or receiving of terrorist training , and who require further examination by the competent authorities referred to in article 5 . in carrying out such an assessment the passenger information unit may compare pnr data against relevant databases , including international or national databases or national mirrors of union databases , where they are established on the basis of union law , on persons or objects sought or under alert , in accordance with union , international and national rules applicable to such files . member states shall ensure that any positive match resulting from such automated processing is individually reviewed by non - automated means in order to verify whether the competent authority referred to in article 5 needs to take action ;


### to prevent , detect , investigate and prosecute terrorist offences and serious crime , it is therefore essential that all member states introduce provisions laying down obligations on air carriers operating international flights to or from the territory of the member states of the european union . ### to prevent , detect , investigate and prosecute terrorist offences and serious crime , it is therefore essential that all member states introduce provisions laying down obligations on air carriers operating international flights to or from the territory of the member states of the european union . non - carrier economic operators should also be concerned by those obligations when involved in booking such flights .


### member states should share with other member states the pnr data that they receive where such transfer is necessary for the prevention , detection , investigation or prosecution of terrorist offences or serious crime . the provisions of this directive should be without prejudice to other union instruments on the exchange of information between police and judicial authorities , including council decision 2009 / 371 / jha of 6 april 2009 establishing the european police office 39 and council framework decision 2006 / 960 / jha of 18 september 2006 on simplifying the exchange of information and intelligence between law enforcement authorities of the member states of the european union40 . such exchange of pnr data between law enforcement and judicial authorities should be governed by the rules on police and judicial cooperation . __________________ 39 oj l 121 , 15 . 05 . 09 , p . 37 . 40 oj l 386 , 29 . 12 . 2006 , p . 89 . ### member states should share with other member states the pnr data that they receive where such transfer is necessary for the prevention , detection , investigation or prosecution of terrorist offences or serious transnational crime . the provisions of this directive should be without prejudice to other union instruments on the exchange of information between police and judicial authorities , including council decision 2009 / 371 / jha of 6 april 2009 establishing the european police office 39 and council framework decision 2006 / 960 / jha of 18 december 2006 on simplifying the exchange of information and intelligence between law enforcement authorities of the member states of the european union40 . such exchange of pnr data between law enforcement and judicial authorities should be governed by the rules on police and judicial cooperation . __________________ 39 oj l 121 , 15 . 05 . 2009 , p . 37 . 40 oj l 386 , 29 . 12 . 2006 , p . 89 .


### member states shall ensure that the pnr data provided by the air carriers to the passenger information unit are retained in a database at the passenger information unit for a period of 30 days after their transfer to the passenger information unit of the first member state on whose territory the international flight is landing or departing . ### member states shall ensure that the pnr data provided by the air carriers to the passenger information unit are retained in a database at the passenger information unit for a period of 60 days after their transfer to the passenger information unit of the first member state on whose territory the international flight is landing or departing .


### in carrying out its tasks , the agency shall maintain a close dialogue particularly with specialised bodies , whether public or private , public authorities and workers ' and employers’ organisations . the agency , without prejudice to its own aims , shall ensure cooperation with other european union agencies aimed at avoiding overlaps and promoting synergy and complementarity in their activities , in particular with the european agency for safety and health at work , the european centre for the development of vocational training and , where relevant , with other eu agencies . ### in carrying out its tasks , the agency shall maintain a close dialogue particularly with specialised bodies , whether public or private , public authorities and workers ' and employers’ organisations .


### member states may introduce administrative sanctions , in accordance with their national law , for non - compliance with the fingerprinting process and capturing a facial image in accordance with paragraph 1 of this article . these sanctions shall be effective , proportionate and dissuasive . in this context , detention should only be used as a means of last resort in order to determine or verify a third - country national ' s identity . ### member states shall introduce administrative sanctions , in accordance with their national law , for non - compliance with the fingerprinting process and capturing a facial image in accordance with paragraph 1 of this article . these sanctions shall be effective , proportionate and dissuasive . in this context , detention should only be used as a means of last resort in order to determine or verify a third - country national ' s identity .


### member states should refer to the commission ' s staff working document on implementation of the eurodac regulation as regards the obligation to take fingerprints adopted by the council on 20 july 201534 , which sets out a best practice approach to taking fingerprints of irregular third - country nationals . where a member state ' s national law allows for the taking of fingerprints by force or coercion as a last resort , those measures must fully respect the eu charter of fundamental rights . third - country nationals who are deemed to be vulnerable persons and minors should not be coerced into giving their fingerprints or facial image , except in duly justified circumstances that are permitted under national law . __________________ 34 com 150 final , 27 . 5 . 2015 ### member states should refer to the commission ' s staff working document on implementation of the eurodac regulation as regards the obligation to take fingerprints adopted by the council on 20 july 201534 , which sets out a best practice approach to taking fingerprints of irregular third - country nationals or stateless persons . where a member state ' s national law allows for the taking of fingerprints by force or coercion as a last resort , those measures must fully respect the eu charter of fundamental rights . third - country nationals or stateless persons who are deemed to be vulnerable persons and minors should not be coerced into giving their fingerprints or facial image , except in duly justified circumstances that are permitted under national law . __________________ 34 com 150 final , 27 . 5 . 2015


### the central system shall automatically transmit the hit or the negative result of the comparison to the member state of origin following the procedures set out in article 26 . where there is a hit , it shall transmit for all data sets corresponding to the hit the data referred to in article 12 , 13 and 14 along with , where appropriate , the mark referred to in article 17 and . where a negative hit result is received , the data referred to in article 12 , 13 and 14 shall not be transmitted . ### the central system shall automatically transmit the hit or the negative result of the comparison to the member state of origin following the procedures set out in article 26 . where there is a hit , it shall transmit for all data sets corresponding to the hit the data referred to in article 12 , 13 and 14 along with , where appropriate , the mark referred to in article 19 and . where a negative hit result is received , the data referred to in article 12 , 13 and 14 shall not be transmitted .


### for the purposes laid down in article 1 , the designated authorities referred to in articles 6 and 8 may submit a reasoned electronic request as provided for in article 21 together with the reference number used by them , to the verifying authority for the transmission for comparison of fingerprint and facial image data to the central system via the national access point . upon receipt of such a request , the verifying authority shall verify whether all the conditions for requesting a comparison referred to in articles 21 or 22 , as appropriate , are fulfilled . ### for the purposes laid down in article 1 , the designated authorities referred to in articles 6 may submit a reasoned electronic request as provided for in article 21 together with the reference number used by them , to the verifying authority for the transmission for comparison of biometric or alphanumeric data to the central system via the national access point . upon receipt of such a request , the verifying authority shall verify whether all the conditions for requesting a comparison referred to in articles 21 or 22 , as appropriate , are fulfilled .


### in such cases , the security measures , access control and logging activities at the testing environment shall be equal to the ones for the eurodac production system . real personal data adopted for testing shall be rendered anonymous in such a way that the data - subject is no longer identifiable . ### in such cases , the security measures , access control and logging activities at the testing environment shall be equal to the ones for the eurodac production system . real personal data adopted for testing shall be rendered anonymous in such a way that the data - subject is no longer identifiable . after the testing purpose is achieved , such real personal data shall be permanently erased from the testing environment .


### for the purposes laid down in article 14 , each set of data relating to a third - country national or stateless person as referred to in article 14 shall be stored in the central system for five years from the date on which his or her fingerprints were taken . ### for the purposes laid down in article 14 , each set of data relating to a third - country national or stateless person as referred to in article 14 shall be stored in the central system for ten years from the date on which his or her fingerprints were taken .


### the result of the comparison of facial image data carried out pursuant to article 16 shall be immediately checked and verified in the receiving member state . for the purposes laid down in article 1 and of this regulation , final identification shall be made by the member state of origin in cooperation with the other member states concerned . ### the result of the comparison of facial image data carried out pursuant to article 16 shall be immediately checked and verified in the receiving member state , where necessary by a specially trained expert and in accordance with its national rules . for the purposes laid down in article 1 and of this regulation , final identification shall be made by the member state of origin in cooperation with the other member states concerned .


### the return of third - country nationals who do not have a right to stay in the union , in accordance with fundamental rights as general principles of union law as well as international law , including refugee protection and human rights obligations , and in compliance with the provisions of directive 2008 / 115 / ec26 , is an essential part of the comprehensive efforts to address migration and , in particular , to reduce and deter irregular migration . to increase the effectiveness of the union system to return illegally staying third - country nationals is needed in order to maintain public trust in the union migration and asylum system , and should go hand in hand with the efforts to protect those in need of protection . _________________ 26 directive of the european parliament and of the council of 16 december 2008 on common standards and procedures in member states for returning illegally staying third - country nationals , oj l 348 , 24 , 12 , 2008 , p . 98 . ### the return of third - country nationals who do not have a right to stay in the union , in accordance with fundamental rights as general principles of union law as well as international law , including refugee protection and human rights obligations , and in compliance with the provisions of directive 2008 / 115 / ec26 is an essential cornerstone of a fair and efficient common european asylum system , also with the purpose of reducing and deterring irregular migration . it is necessary to increase the effectiveness of the union system for the return of illegally staying third - country nationals in order to maintain public trust in the common european asylum system , which is fundamental in order to uphold the obligation to protect those in need of protection . _________________ 26 directive of the european parliament and of the council of 16 december 2008 on common standards and procedures in member states for returning illegally staying third - country nationals , oj l 348 , 24 , 12 , 2008 , p . 98 .


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


### national authorities in the member states experience difficulties in identifying illegally staying third - country nationals who use deceptive means to avoid their identification and to frustrate the procedures for re - documentation in view of their return and readmission . it is therefore essential to ensure that information on third - country nationals or stateless persons who are found to be staying illegally in the eu are collected and transmitted to eurodac and are compared also with those collected and transmitted for the purpose of establishing the identity of applicants for international protection and of third - country nationals apprehended in connection with the unlawful crossing of the external borders of the union , in order to facilitate their identification and re - documentation and to ensure their return and readmission , and to reduce identity fraud . it should also contribute to reducing the length of the administrative procedures necessary for ensuring return and readmission of illegally staying third - country nationals , including the period during which they may be kept in administrative detention awaiting removal . it should also allow identifying third countries of transit , where the illegally staying third - country national may be readmitted . ### national authorities in the member states experience difficulties in identifying illegally staying third - country nationals or stateless persons who use deceptive means to avoid their identification and to frustrate the procedures for re - documentation in view of their return and readmission . it is therefore essential to ensure that information on third - country nationals or stateless persons who are found to be staying illegally in the eu are collected and transmitted to eurodac and are compared also with those collected and transmitted for the purpose of establishing the identity of applicants for international protection and of third - country nationals or stateless persons apprehended in connection with the unlawful crossing of the external borders of the union , in order to facilitate their identification and re - documentation and to ensure their return and readmission , and to reduce identity fraud . it should also contribute to reducing the length of the administrative procedures necessary for ensuring return and readmission of illegally staying third - country nationals or stateless persons , including the period during which they may be kept in administrative detention awaiting removal . it should also allow identifying third countries of transit , where the illegally staying third - country national or stateless person may be readmitted .


### it is also necessary to require the member states promptly to take and transmit the fingerprint data of every applicant for international protection and of every third - country national or stateless person who is apprehended in connection with the irregular crossing of an external border of a member state or is found to be staying illegally in a member state , if they are at least six years of age . ### it is also necessary to require the member states promptly to take and transmit the biometric data of every applicant for international protection and of every third - country national or stateless person who is apprehended in connection with the irregular crossing of an external border of a member state or is found to be staying illegally in a member state , if they are at least six years of age .


### the central system shall automatically transmit the hit or the negative result of the comparison to the member state of origin following the procedures set out in article 26 . where there is a hit , it shall transmit for all data sets corresponding to the hit the data referred to in article 12 , 13 and 14 along with , where appropriate , the mark referred to in article 19 and . where a negative hit result is received , the data referred to in article 12 , 13 and 14 shall not be transmitted . ### the central system shall automatically transmit the hit or the negative result of the comparison to the member state of origin following the procedures set out in article 26 . where there is a hit , it shall transmit for all data sets corresponding to the hit the data referred to in article 12 , 13 and 14 along with , where appropriate , the mark referred to in article 19 and . where a negative result is received , the data referred to in article 12 , 13 and 14 shall not be transmitted .


### where all the conditions for requesting a comparison referred to in articles 21 or 22 are fulfilled , the verifying authority shall transmit the request for comparison to the national access point which will process it to the central system in accordance with articles 15 and 16 for the purpose of comparison with the fingerprint and facial image data transmitted to the central system pursuant to articles 10 , 13 and 14 . ### where all the conditions for requesting a comparison referred to in articles 21 or 22 are fulfilled , the verifying authority shall transmit the request for comparison to the national access point which will process it to the central system in accordance with articles 15 and 16 for the purpose of comparison with the biometric or alphanumeric data transmitted to the central system pursuant to articles 10 , 13 and 14 .


### the return of third - country nationals who do not have a right to stay in the union , in accordance with fundamental rights as general principles of union law as well as international law , including refugee protection and human rights obligations , and in compliance with the provisions of directive 2008 / 115 / ec26 , is an essential part of the comprehensive efforts to address migration and , in particular , to reduce and deter irregular migration . to increase the effectiveness of the union system to return illegally staying third - country nationals is needed in order to maintain public trust in the union migration and asylum system , and should go hand in hand with the efforts to protect those in need of protection . _________________ 26 directive of the european parliament and of the council of 16 december 2008 on common standards and procedures in member states for returning illegally staying third - country nationals , oj l 348 , 24 , 12 , 2008 , p . 98 . ### the return of third - country nationals who do not have a right to stay in the union , in accordance with fundamental rights as general principles of union law as well as international law , including refugee protection and human rights obligations , and in compliance with the provisions of directive 2008 / 115 / ec26 , is an essential part of the comprehensive efforts to address migration and , in particular , to reduce and deter irregular migration . it is essential to increase the effectiveness of the union system to systematically return illegally staying third - country nationals in order to maintain public trust in the union migration and asylum system , and must be tied in with the efforts made to protect those in need of protection , who are among the first to suffer the effects of illegal immigration . _________________ 26 directive of the european parliament and of the council of 16 december 2008 on common standards and procedures in member states for returning illegally staying third - country nationals , oj l 348 , 24 , 12 , 2008 , p . 98 .


### for the purposes laid down in article 14 , each set of data relating to a third - country national or stateless person as referred to in article 14 shall be stored in the central system for five years from the date on which his or her fingerprints were taken . ### for the purposes laid down in article 14 , each set of data relating to a third - country national or stateless person as referred to in article 14 shall be stored in the central system for ten years from the date on which his or her fingerprints and facial image were taken .


### member states may introduce administrative sanctions , in accordance with their national law , for non - compliance with the fingerprinting process and capturing a facial image in accordance with paragraph 1 of this article . these sanctions shall be effective , proportionate and dissuasive . in this context , detention should only be used as a means of last resort in order to determine or verify a third - country national ' s identity . ### for the purposes of achieving full registration of all the persons in accordance with paragraph 1 , member states shall introduce administrative sanctions , in accordance with their national law , for non - compliance with the process of taking biometric data . member states shall make sure that an opportunity for counseling has been provided to the person in order to convince that person to cooperate with the procedure . sanctions , including the possibility to use means of coercion , shall be effective , proportionate and dissuasive . in this context , detention should only be used as a means of last resort in order to determine or verify a third - country national ' s identity .


### this regulation also lays down the conditions under which requests for comparison of fingerprint data with eurodac data for the purposes of preventing , detecting or investigating terrorist offences or other serious criminal offences should be allowed and the necessary safeguards to ensure the protection of the fundamental right to respect for the private life of individuals whose personal data are processed in eurodac . the strictness of those conditions reflects the fact that the eurodac database registers fingerprint data of persons who are not presumed to have committed a terrorist offence or other serious criminal offence . ### this regulation also lays down the conditions under which requests for comparison of biometric or alphanumeric data with eurodac data for the purposes of preventing , detecting or investigating terrorist offences or other serious criminal offences should be allowed and the necessary safeguards to ensure the protection of the fundamental right to respect for the private life of individuals whose personal data are processed in eurodac . the strictness of those conditions reflects the fact that the eurodac database registers biometric and alphanumeric data of persons who are not presumed to have committed a terrorist offence or other serious criminal offence . it is acknowledged that law enforcement authorities and europol do not always have the biometric data of the perpetrator or victim whose case they are investigating , which may hamper their ability to check biometric matching databases such as eurodac . in order to contribute further to investigations of those authorities and europol , search based on alphanumeric data should be allowed in eurodac in such cases , in particular where those authorities and europol may possess evidence of the criminal suspect or victim ' s personal details or identity documents .


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


### comparison of facial image data ### comparison of facial image data only


### in view of successfully preventing and monitoring unauthorised movements of third - country nationals or stateless persons who have no right to stay in the union , and of taking the necessary measures for successfully enforcing effective return and readmission to third countries in accordance with directive 2008 / 115 / ec35 and the right to protection of personal data , a period of five years should be considered a necessary period for the storage of fingerprint and facial data . _________________ 35 oj l 348 , 24 . 12 . 2008 , p . 98 ### in view of successfully preventing and monitoring unauthorised movements of third - country nationals or stateless persons who have no right to stay in the union , and of taking the necessary measures for successfully enforcing effective return and readmission to third countries in accordance with directive 2008 / 115 / ec35 and the right to protection of personal data , a period of ten years should be considered a necessary period for the storage of fingerprint and facial data . _________________ 35 oj l 348 , 24 . 12 . 2008 , p . 98


### only the verifying authority shall be authorised to forward requests for comparison of fingerprints and facial images to the national access point . ### only the verifying authority shall be authorised to forward requests for comparison of fingerprints , facial image and alphanumeric data to the national access point .


### the return of third - country nationals who do not have a right to stay in the union , in accordance with fundamental rights as general principles of union law as well as international law , including refugee protection and human rights obligations , and in compliance with the provisions of directive 2008 / 115 / ec26 , is an essential part of the comprehensive efforts to address migration and , in particular , to reduce and deter irregular migration . to increase the effectiveness of the union system to return illegally staying third - country nationals is needed in order to maintain public trust in the union migration and asylum system , and should go hand in hand with the efforts to protect those in need of protection . __________________ 26 directive of the european parliament and of the council of 16 december 2008 on common standards and procedures in member states for returning illegally staying third - country nationals , oj l 348 , 24 , 12 , 2008 , p . 98 . ### the return of third - country nationals or stateless persons who do not have a right to stay in the union , in accordance with fundamental rights as general principles of union law as well as international law , including refugee protection and human rights obligations , and in compliance with the provisions of directive 2008 / 115 / ec26 , is an essential part of the comprehensive efforts to address migration and , in particular , to reduce and deter irregular migration . to increase the effectiveness of the union system to return illegally staying third - country nationals or stateless persons is needed in order to maintain public trust in the union migration and asylum system , and should go hand in hand with the efforts to protect those in need of protection . __________________ 26 directive of the european parliament and of the council of 16 december 2008 on common standards and procedures in member states for returning illegally staying third - country nationals , oj l 348 , 24 , 12 , 2008 , p . 98 .


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


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


### for the purposes laid down in article 1 , europol shall designate a specialised unit with duly empowered europol officials to act as its verifying authority , which shall act independently of the designated authority referred to in paragraph 2 of this article when performing its tasks under this regulation and shall not receive instructions from the designated authority as regards the outcome of the verification . the unit shall ensure that the conditions for requesting comparisons of fingerprints and facial images with eurodac data are fulfilled . europol shall designate in agreement with any member state the national access point of that member state which shall communicate its requests for comparison of fingerprint and facial image data to the central system . ### for the purposes laid down in article 1 , europol shall designate an authority which shall be authorised to request access to eurodac through its designated central access point in order to prevent , detect and investigate terrorist offences or other serious criminal offences . the designated authority shall act independently of the central access point referred to in paragraph 2 of this article when performing its tasks under this regulation and shall not receive instructions from the designated authority as regards the outcome of the verification . the designated authority shall be an operating unit of europol .


### in its conclusions of 8 october 2015 on the future of return policy , the council endorsed the initiative announced by the commission to explore an extension of the scope and purpose of eurodac to enable the use of data for return purposes27 . member states should have the necessary tools at their disposal to be able to detect illegal migration to and secondary movements of illegally staying third - country nationals in the union . therefore , the data in eurodac should be available , subject to the conditions set out in this regulation , for comparison by the designated authorities of the member states . _________________ 27 eu action plan on return , com 453 final . ### in its conclusions of 8 october 2015 on the future of return policy , the council endorsed the initiative announced by the commission to explore an extension of the scope and purpose of eurodac to enable the use of data for return purposes27 . member states should have the necessary tools at their disposal to be able to detect illegal migration and secondary movements by the identification of illegally staying third - country nationals in the union . therefore , the data in eurodac should be available , subject to the conditions set out in this regulation , for comparison by the designated authorities of the member states . _________________ 27 eu action plan on return , com 453 final .


### lay down the conditions under which member states ' designated authorities and the european police office may request the comparison of fingerprint and facial image data with those stored in the central system for law enforcement purposes for the prevention , detection or investigation of terrorist offences or of other serious criminal offences . ### lay down the conditions under which member states ' designated authorities may request the comparison of biometric data and alphanumeric data with those stored in the central system for law enforcement purposes for the prevention , detection or investigation of terrorist offences or of other serious criminal offences , as well as the conditions under which the european police office may make comparisons against eurodac data for the purpose of the performance of its tasks .


### for the purposes laid down in article 1 , europol shall designate an operating unit that is authorised to request comparisons with eurodac data through its designated national access point . the designated authority shall be an operating unit of europol which is competent to collect , store , process , analyse and exchange information to support and strengthen action by member states in preventing , detecting or investigating terrorist offences or other serious criminal offences falling within europol ' s mandate . ### for the purposes laid down in article 1 , europol shall designate an operating unit that is authorised to make comparisons with eurodac data . the designated authority shall be an operating unit of europol which is competent to collect , store , process , analyse and exchange information to support and strengthen action by member states in preventing , detecting or investigating terrorist offences or other serious criminal offences falling within europol ' s mandate .


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


### for the purposes laid down in article 1 , the designated authorities referred to in articles 6 and 8 may submit a reasoned electronic request as provided for in article 21 together with the reference number used by them , to the verifying authority for the transmission for comparison of fingerprint and facial image data to the central system via the national access point . upon receipt of such a request , the verifying authority shall verify whether all the conditions for requesting a comparison referred to in articles 21 or 22 , as appropriate , are fulfilled . ### for the purposes laid down in article 1 , the designated authorities referred to in articles 6 may submit a reasoned electronic request as provided for in article 21 together with the reference number used by them , to the verifying authority for the transmission for comparison of biometric or alphanumeric data to the central system via the national access point . upon receipt of such a request , the verifying authority shall verify whether all the conditions for requesting a comparison referred to in articles 21 or 22 , as appropriate , are fulfilled .


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


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


### the return of third - country nationals who do not have a right to stay in the union , in accordance with fundamental rights as general principles of union law as well as international law , including refugee protection and human rights obligations , and in compliance with the provisions of directive 2008 / 115 / ec26 , is an essential part of the comprehensive efforts to address migration and , in particular , to reduce and deter irregular migration . to increase the effectiveness of the union system to return illegally staying third - country nationals is needed in order to maintain public trust in the union migration and asylum system , and should go hand in hand with the efforts to protect those in need of protection . _________________ 26 directive of the european parliament and of the council of 16 december 2008 on common standards and procedures in member states for returning illegally staying third - country nationals , oj l 348 , 24 , 12 , 2008 , p . 98 . ### the return of third - country nationals who do not have a right to stay in the union , in accordance with fundamental rights as general principles of union law as well as international law , including refugee protection and human rights obligations , and in compliance with the provisions of directive 2008 / 115 / ec26 is an essential cornerstone of a fair and efficient common european asylum system , also with the purpose of reducing and deterring irregular migration . it is necessary to increase the effectiveness of the union system for the return of illegally staying third - country nationals in order to maintain public trust in the common european asylum system , which is fundamental in order to uphold the obligation to protect those in need of protection . _________________ 26 directive of the european parliament and of the council of 16 december 2008 on common standards and procedures in member states for returning illegally staying third - country nationals , oj l 348 , 24 , 12 , 2008 , p . 98 .


### fingerprint data may also be taken and transmitted by members of the european border [ and coast ] guard teams or by member state asylum experts when performing tasks and exercising powers in accordance with [ regulation on the european border [ and coast ] guard and repealing regulation no 2007 / 2004 , regulation no 863 / 2007 and council decision 2005 / 267 / ec ] and [ regulation no . 439 / 2010 ] . ### where requested by the member state concerned , the biometric data may also be taken and transmitted by members of the european border and coast guard teams or by member state asylum experts when performing tasks and exercising powers in accordance with regulation 2016 / 1624 of the european parliament and of the council1a . _________________ 1a regulation . 2016 / 1624 of the european parliament and of the council of 14 september 2016 on the european border and coast guard and amending regulation 2016 / 399 of the european parliament and of the council and repealing regulation no 863 / 2007 of the european parliament and of the council , council regulation no 2007 / 2004 and council decision 2005 / 267 / ec .


### to assist member states overcome challenges relating to non - compliance with the fingerprinting process , this regulation also permits the comparison of a facial image without fingerprints as a last resort , where it is impossible to take the fingerprints of the third - country national or stateless person because his or her fingertips are damaged , either intentionally or not , or amputated . member states should exhaust all attempts to ensure that fingerprints can be taken from the data - subject before a comparison using a facial image only can be carried out where non - compliance based on reasons not relating to the conditions of the individual ' s fingertips are given . where facial images are used in combination with fingerprint data , it allows for the reduction of fingerprints registered while enabling the same result in terms of accuracy of the identification . ### to assist member states overcome challenges relating to non - compliance with the fingerprinting process , this regulation also permits the comparison of a facial image without fingerprints as a last resort , where it is impossible to take the fingerprints of the third - country national or stateless person because his or her fingertips are damaged , either intentionally or not , or amputated . if the physical impossibility to give fingerprints is of a temporary nature , it should be recorded and the fingerprinting process should be carried out at a later stage when the physical integrity of the fingertips is restored . member states should exhaust all attempts to ensure that fingerprints can be taken from the data - subject before a comparison using a facial image only can be carried out where non - compliance based on reasons not relating to the conditions of the individual ' s fingertips are given . where facial images with sufficient image resolution and quality to be used in automated biometric matching are used in combination with fingerprint data , it should be possible to consider reducing the number of fingerprints registered , provided that this enables the same result in terms of accuracy of the identification .


### fingerprint data may also be taken and transmitted by members of the european border [ and coast ] guard teams when performing tasks and exercising powers in accordance with [ regulation on the european border [ and coast ] guard and repealing regulation no 2007 / 2004 , regulation no 863 / 2007 and council decision 2005 / 267 / ec ] . ### where requested by the member state concerned , the biometric data may also be taken and transmitted by members of the european border and coast guard teams when performing tasks and exercising powers in accordance with regulation 2016 / 1624 .


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


### for the purposes laid down in article 13 , each set of data relating to a third - country national or stateless person as referred to in article 13 shall be stored in the central system for five years from the date on which his or her fingerprints were taken . ### for the purposes laid down in article 13 , each set of data relating to a third - country national or stateless person as referred to in article 13 shall be stored in the central system for ten years from the date on which his or her fingerprints and facial image were taken .