### where there is no exit data immediately following the date of expiry of the authorised length of stay , the entry / exit record shall be identified with a mark or flag by the system and the data of the visa holding third country national identified as an overstayer shall be entered into the list referred to in article 11 . ### where there is no exit data immediately following the date of expiry of the authorised length of stay , the entry / exit record shall be identified with a mark or flag by the system and the data of the visa holding third country national identified as an overstayer shall be entered into the list referred to in article 11 and inserted into the schengen information system in accordance with regulation no 1987 / 2006 of the european parliament and of the council1a . _________________ 1a regulation no 1987 / 2006 of the european parliament and of the council of 20 december 2006 on the establishment , operation and use of the second generation schengen information system .


### where there is no exit data immediately following the date of expiry of the authorised length of stay , the entry / exit record shall be identified with a mark or flag by the system and the data of the visa holding third country national identified as an overstayer shall be entered into the list referred to in article 11 . ### where there is no exit data immediately following the date of expiry of the duration of authorised stay , the entry / exit record shall be identified with a mark or flag by the system and the data of the visa holding third country national identified as an overstayer shall be entered into the list referred to in article 11 .


### for third country nationals exempt from the visa obligation , the border authority shall enter into their individual file the data provided for in article 14 , , and . in addition it shall enter into that individual file the four fingerprint of the index , middle - finger , ring - finger and little finger from the right hand , and where this is not possible the same fingers from the left hand , in accordance with the specifications for the resolution and use of fingerprints adopted by the commission in accordance with article 61 . for third country nationals exempt from the visa obligation , articles 14 to 14 shall apply . ### for third country nationals exempt from the visa obligation , the border authority shall enter into their individual file the data provided for in article 14 , , and . in addition it shall enter into that individual file the four fingerprint of the index , middle - finger , ring - finger and little finger from the right hand , and where this is not possible the same fingers from the left hand , in accordance with the specifications for the resolution and use of fingerprints adopted by the commission in accordance with article 61 . for third country nationals exempt from the visa obligation , articles 14 to 14 shall apply accordingly .


### any other decision taken by the competent authorities of the member state , in accordance with national legislation , resulting in the removal or departure of the third country national who does not fulfil or no longer fulfils the conditions for the entry into or for the stay in the territory of the member states . ### any other decision taken by the competent authorities of the member state , in accordance with national legislation , resulting in the removal or departure of the third country national who does not fulfil or no longer fulfils the conditions for the entry into or for the stay or residence in the territory of the member states .


### where the fingerprints of that third country national cannot be used or the search with the fingerprints and the facial image has failed , the search shall be carried out with the data referred to in article 14 or or in both . ### where the fingerprints of that third country national cannot be used or the search with the fingerprints and the facial image has failed , the search shall be carried out with the data referred to in article 14 or or in article 14 and .


### reasonable grounds exist to consider that the consultation may substantially contribute to the prevention , detection or investigation of any of the criminal offences in question , in particular where there is a substantiated suspicion that the suspect , perpetrator or victim of a terrorist offence or other serious criminal offence falls under a category covered by this regulation . ### reasonable grounds exist to consider that the consultation will substantially contribute to the prevention , detection , investigation or prosecution of any of the criminal offences in question , in particular where there is a substantiated suspicion that the suspect , perpetrator or victim of a terrorist offence or other serious criminal offence falls under a category covered by this regulation .


### consultation of the ees for identification shall be limited to searching in the application file with any of the following ees data : ### consultation of the ees for identification as referred to in paragraph 2 shall be limited to searching in the application file with any of the following ees data :


### consultation of the ees for the travel history of the third country national concerned shall be limited to searching with any of the following ees data in the individual file or in the entry / exit records : ### consultation of the ees for the travel history of the third country national concerned as referred to in paragraph 3 shall be limited to searching with any of the following ees data in the individual file or in the entry / exit records :


### in the event that the member state responsible or a member state other than the member state responsible has evidence to suggest that visa - related data recorded in the ees are factually inaccurate or that such data were processed in the ees in contravention of this regulation they shall first check the accuracy of these data against the vis and if necessary shall amend them in the ees . should the data recorded in the vis be the same as in the ees , they shall inform the member state responsible for entering those data in the vis immediately through the infrastructure of the vis in accordance with article 24 of regulation no 767 / 2008 . the member state responsible for entering the data in the vis shall check the data concerned and if necessary correct or delete them immediately from the vis and inform the member state responsible or the member state to which the request has been made which shall , if necessary , amend or delete them from the ees without delay and , where applicable , from the list of identified overstayers referred to in article 11 . ### in the event that the member state responsible or a member state other than the member state responsible has evidence to suggest that visa - related data recorded in the ees are factually inaccurate or that such data were processed in the ees in contravention of this regulation they shall first check the accuracy of these data against the vis and if necessary shall amend them in the ees . should the data recorded in the vis be the same as in the ees , they shall inform the member state responsible for entering those data in the vis immediately through the infrastructure of the vis in accordance with article 24 of regulation no 767 / 2008 . the member state responsible for entering the data in the vis shall check the data concerned and if necessary correct or delete them immediately from the vis and inform the member state responsible or the member state to which the request has been made which shall , if necessary , amend or delete them from the ees without delay and , where applicable , from the list of identified persons referred to in article 11 .


### the specifications and conditions for the web - service referred to in article 12 ; ### the specifications and conditions for the web - service referred to in article 12 , including provisions for the protection of the data where provided by or to carriers ;


### eu - lisa shall be responsible for the development of the central system , the national uniform interfaces , the communication infrastructure and the secure communication channel between the ees central system and the vis central system . it shall also be responsible for the development of the web service referred to in article 12 in accordance with the specifications and conditions adopted in accordance with the examination procedure referred to in article 61 . ### eu - lisa shall be responsible for the development of the central system , the national uniform interfaces , the secure and encrypted communication infrastructure and the secure communication channel between the ees central system and the vis central system . it shall also be responsible for the development of the web service referred to in article 12 in accordance with the specifications and conditions adopted in accordance with the examination procedure referred to in article 61 .


### eu - lisa shall define the design of the physical architecture of the system including its communication infrastructure as well as the technical specifications and their evolution as regards the central system , the uniform interfaces , the secure communication channel between the ees central system and the vis central system and the communication infrastructure , which shall be adopted by the management board , subject to a favourable opinion of the commission . eu - lisa shall also implement any necessary adaptations to the vis deriving from the establishment of interoperability with the ees as well as from the implementation of the amendments to regulation no 767 / 2008 referred to in article 55 . ### eu - lisa shall define the design of the physical architecture of the system including its communication infrastructure as well as the technical specifications and their evolution as regards the central system , the uniform interfaces , the secure communication channel between the ees central system and the vis central system and between the ees central system and the eurodac central system and the communication infrastructure , which shall be adopted by the management board , subject to a favourable opinion of the commission . eu - lisa shall also implement any necessary adaptations to the vis deriving from the establishment of interoperability with the ees as well as from the implementation of the amendments to regulation no 767 / 2008 referred to in article 55 .


### eu - lisa shall define the design of the physical architecture of the system including its communication infrastructure as well as the technical specifications and their evolution as regards the central system , the uniform interfaces , the secure communication channel between the ees central system and the vis central system and the communication infrastructure , which shall be adopted by the management board , subject to a favourable opinion of the commission . eu - lisa shall also implement any necessary adaptations to the vis deriving from the establishment of interoperability with the ees as well as from the implementation of the amendments to regulation no 767 / 2008 referred to in article 55 . ### eu - lisa shall define the design of the physical architecture of the system including its secure and encrypted communication infrastructure as well as the technical specifications and their evolution as regards the central system , the uniform interfaces , the secure communication channel between the ees central system and the vis central system and the secure and encrypted communication infrastructure . eu - lisa shall also implement any necessary adaptations to the vis deriving from the establishment of interoperability with the ees as well as from the implementation of the amendments to regulation no 767 / 2008 referred to in article 55 .


### eu - lisa shall develop and implement the central system , the national uniform interfaces , the secure communication channel between the ees central system and the vis central system , and the communication infrastructure as soon as possible after the entry into force of this regulation and the adoption by the commission of the measures provided for in article 33 . ### eu - lisa shall develop and implement the central system , the national uniform interfaces , the secure communication channel between the ees central system and the vis central system and between the ees central system and the eurodac central system , and the communication infrastructure as soon as possible after the entry into force of this regulation and the adoption by the commission of the measures provided for in article 33 .


### eu - lisa shall develop and implement the central system , the national uniform interfaces , the secure communication channel between the ees central system and the vis central system , and the communication infrastructure as soon as possible after the entry into force of this regulation and the adoption by the commission of the measures provided for in article 33 . ### eu - lisa shall develop and implement the central system , the national uniform interfaces , the secure communication channel between the ees central system and the vis central system , and the secure and encrypted communication infrastructure as soon as possible after the entry into force of this regulation and the adoption by the commission of the measures provided for in article 33 .


### eu - lisa shall be responsible for the operational management of the central system , the secure communication channel between the ees central system and the vis central system and the national uniform interfaces . it shall ensure , in cooperation with the member states , at all times the best available technology , subject to a cost - benefit analysis . eu - lisa shall also be responsible for the operational management of the communication infrastructure between the central system and the national uniform interfaces and for the web - service referred to in article 12 . ### eu - lisa shall be responsible for the operational management of the central system , the secure communication channel between the ees central system and the vis central system and between the ees central system and the eurodac central system and the national uniform interfaces . it shall ensure , in cooperation with the member states , at all times the best available technology , subject to a cost - benefit analysis . eu - lisa shall also be responsible for the operational management of the communication infrastructure between the central system and the national uniform interfaces and for the web - service referred to in article 12 .


### eu - lisa shall be responsible for the operational management of the central system , the secure communication channel between the ees central system and the vis central system and the national uniform interfaces . it shall ensure , in cooperation with the member states , at all times the best available technology , subject to a cost - benefit analysis . eu - lisa shall also be responsible for the operational management of the communication infrastructure between the central system and the national uniform interfaces and for the web - service referred to in article 12 . ### eu - lisa shall be responsible for the operational management of the central system , the secure communication channel between the ees central system and the vis central system and the national uniform interfaces . it shall ensure , in cooperation with the member states , that at all times the best available technology , subject to a cost - benefit analysis , is used for the central system , the secure communication channel between the ees central system and the vis central system and the national uniform interfaces . eu - lisa shall also be responsible for the operational management of the secure and encrypted communication infrastructure between the central system and the national uniform interfaces and for the web - service referred to in article 12 .


### responsibility for the use of data ### responsibility for data processing


### in relation to the processing of personal data in the ees , each member state shall designate the authority which is to be considered as controller in accordance with article 2 of directive 95 / 46 / ec and which shall have central responsibility for the processing of data by this member state . each member state shall communicate the details of this authority to the commission . ### in relation to the processing of personal data in the ees , each member state shall designate the authority which is to be considered as controller in accordance with article 4 of regulation 2016 / 679 and which shall have central responsibility for the processing of data by this member state . each member state shall communicate the details of this authority to the commission .


### take the necessary measures to ensure the security of the central system and the communication infrastructure between the central system and the national uniform interface , without prejudice to the responsibilities of each member state ; ### take the necessary measures to ensure the security of the central system and the secure and encrypted communication infrastructure between the central system and the national uniform interface , without prejudice to the responsibilities of each member state ;


### a member state may keep the alphanumeric data which that member state entered into the ees , in accordance with the purposes of the ees in its national files and national entry exit system in full respect of union law . ### data retrieved from the ees may be kept in national files only where necessary in an individual case , in accordance with the purpose of the ees and in accordance with relevant union law , in particular on data protection , and for no longer than necessary in that individual case . a member state may keep the alphanumeric data which that member state entered into the ees , in accordance with the purposes of the ees in its national entry exit system in full respect of union law .


### deny unauthorised persons access to national installations in which the member state carries out operations in accordance with the purposes of the ees ; ### deny unauthorised persons access to data - processing equipment and national installations in which the member state carries out operations in accordance with the purposes of the ees ;


### ensure that persons authorised to access the ees have access only to the data covered by their access authorisation , by means of individual user identities and confidential access modes only ; ### ensure that persons authorised to access the ees have access only to the data covered by their access authorisation , by means of individual and unique user identities and confidential access modes only ;


### any person or member state that has suffered damage as a result of an unlawful processing operation or any act incompatible with this regulation shall be entitled to receive compensation from the member state which is responsible for the damage suffered . that member state shall be exempted from its liability , in whole or in part , if it proves that it is not responsible for the event which gave rise to the damage . ### any person or member state that has suffered material or immaterial damage as a result of an unlawful processing operation or any act incompatible with this regulation shall be entitled to receive compensation from the member state which is responsible for the damage suffered . that member state shall be exempted from its liability , in whole or in part , if it proves that it is not in any way responsible for the event which gave rise to the damage .


### such records may be used only for the data protection monitoring of the admissibility of data processing as well as to ensure data security . those records shall be protected by appropriate measures against unauthorised access and deleted one year after the retention period referred to in article 31 has expired , if they are not required for monitoring procedures which have already begun . ### such records may be used only for the data protection monitoring of the admissibility of data processing as well as to ensure data security pursuant to article 39 . those records shall be protected by appropriate measures against unauthorised access and deleted one year after the retention period referred to in article 31 has expired , unless they are required for monitoring procedures which have already begun .


### without prejudice to the right of information in article 10 of directive 95 / 46 / ec , third country nationals whose data are recorded in the ees shall be informed by the member state responsible in writing of the following : ### without prejudice to the right of information in article 13 of regulation 2016 / 679 , third country nationals whose data are recorded in the ees shall be informed by the member state responsible in writing and in a concise , transparent , intelligible and easily accessible form of the following :


### the right of access to data relating to them , the right to request that inaccurate data relating to them be corrected or that unlawfully processed data relating to them be deleted , including the right to receive information on the procedures for exercising those rights and contact details of the national supervisory authorities , or of the european data protection supervisor if applicable , which shall hear claims concerning the protection of personal data . ### the existence of the right to request from the controller access to data relating to them , the right to request that inaccurate data relating to them be rectified and that incomplete personal data relating to them be completed or that unlawfully processed personal data concerning them be erased or restricted , as well as the right to receive information on the procedures for exercising those rights , including the contact details of the controller and the national supervisory authorities , or of the european data protection supervisor if applicable , which shall hear complaints concerning the protection of personal data .


### 2the information provided in paragraph 1 of this article shall be provided at the time when the individual file of the person concerned is being created in accordance with articles 14 , 15 or 16 . ### 2the information provided in paragraph 1 of this article shall be provided by means of the leaflet referred to in paragraph 3 or by any other appropriate means which ensures that third country nationals are informed of their rights at the time when the individual file of the person concerned is being created in accordance with articles 14 , 15 or 16 .


### a common leaflet and a website containing at least the information referred to in paragraph 1 of this article shall be drawn up and set up by the commission in accordance with the examination procedure referred to in article 61 . the leaflet and the content of the website shall be clear and simple and available in a linguistic version the person concerned understands or is reasonably supposed to understand . ### a common leaflet and a website containing at least the information referred to in paragraph 1 of this article shall be drawn up and set up by the commission in accordance with the examination procedure referred to in article 61 . the leaflet and the content of the website shall be clear and simple , drafted in a concise , transparent , intelligible and easily accessible form and available in a linguistic version the person concerned understands or is reasonably supposed to understand .


### the leaflet and the website shall be established in such a manner as to enable member states to complete them with additional member state specific information . that member state specific information shall include at least the rights of the data subject , the possibility of assistance by the national supervisory authorities , as well as contact details of the office of the controller and national supervisory authorities . ### the leaflet and the website shall be established in such a manner as to enable member states to complete them with additional member state specific information . that member state specific information shall include at least the rights of the data subject , the possibility of the provision of information by the national supervisory authorities , as well as contact details of the office of the controller and of the data protection officer and the supervisory authorities .


### the commission shall , in cooperation with the national supervisory authorities and the european data protection supervisor , accompany the start of the ees operation with an information campaign informing the public about the objectives , the data stored , the authorities having access and the rights of persons . ### the commission shall , in cooperation with the national supervisory authorities and the european data protection supervisor , accompany the start of the ees operation with an information campaign informing the public and , in particular , third country nationals about the objectives , the data stored , the authorities having access and the rights of persons . such information campaigns shall be conducted regularly .


### right of access , correction and deletion ### right of access to , rectification , completion and erasure of personal data and of restriction of the processing of personal data


### without prejudice to article 12 of directive 95 / 46 / ec any third country national shall have the right to obtain the data relating to him or her recorded in the ees and of the member state which transmitted it to the ees . ### without prejudice to article 15 of regulation 2016 / 679 any third country national shall have the right to obtain the data relating to him or her recorded in the ees and of the member state which transmitted it to the ees and may request that data relating to him or her which are inaccurate be corrected and that data recorded unlawfully be erased . the member state responsible shall reply to such requests within two months of receipt of the request .


### if a request for correction or deletion is made to a member state other than the member state responsible , the authorities of the member state to which the request has been made shall check the accuracy of the data and the lawfulness of the data processing in the ees within a time limit of one month if that check can be done without consulting the member state responsible . otherwise the member state other than the member state responsible shall contact the authorities of the member state responsible within a time limit of 14 days and the member state responsible shall check the accuracy of the data and the lawfulness of the data processing within a time limit of one month . ### if a request for rectification , completion or erasure of personal data or restriction of the processing of personal data is made to a member state other than the member state responsible , the authorities of the member state to which the request has been made shall check the accuracy of the data and the lawfulness of the data processing in the ees within a time limit of one month if that check can be done without consulting the member state responsible . otherwise the member state other than the member state responsible shall contact the authorities of the member state responsible within a time limit of 14 days and the member state responsible shall check the accuracy of the data and the lawfulness of the data processing within a time limit of one month .


### in the event that data recorded in the ees are factually inaccurate or have been recorded unlawfully , the member state responsible or , where applicable , the member state to which the request has been made shall correct or delete the data in accordance with article 32 . the member state responsible or , where applicable , the member state to which the request has been made shall confirm in writing to the person concerned without delay that it has taken action to correct or delete data relating to him . ### in the event that data recorded in the ees are factually inaccurate , incomplete or have been recorded unlawfully , the member state responsible or , where applicable , the member state to which the request has been made shall rectify , complete or erase the personal data or restrict the processing of personal data in accordance with article 32 . the member state responsible or , where applicable , the member state to which the request has been made shall confirm in writing to the data subject without delay that it has taken action to rectify , complete or erase the personal data concerning him or her or to restrict the processing of such personal data .


### in the event that visa - related data recorded in the ees are factually incorrect or have been recorded unlawfully , the member state responsible or , where applicable , the member state to which the request has been made shall first check the accuracy of these data against the vis and if necessary will amend them in the ees . should the data recorded in the vis be the same as in the ees , the member state responsible or the member state to which the request was made , shall contact the authorities of the member state responsible for entering these data in the vis within a time limit of 14 days . the member state responsible for entering the data in the vis shall check the accuracy of the visa related data and the lawfulness of its processing in the ees within a time limit of one month and inform the member state responsible or the member state to which the request has been made which shall , if necessary , amend or erase them without delay from the ees and , where applicable , from the list of persons referred to in article 11 . ### in the event that visa - related data recorded in the ees are factually incorrect , incomplete or have been recorded unlawfully , the member state responsible or , where applicable , the member state to which the request has been made shall first check the accuracy of these data against the vis and if necessary will amend them in the ees . should the data recorded in the vis be the same as in the ees , the member state responsible or the member state to which the request was made , shall contact the authorities of the member state responsible for entering these data in the vis within a time limit of 14 days . the member state responsible for entering the data in the vis shall check the accuracy of the visa related data and the lawfulness of its processing in the ees within a time limit of one month and inform the member state responsible or the member state to which the request has been made which shall , if necessary , rectify , complete or erase the personal data concerning him or her or restrict the processing of such data without delay from the ees and , where applicable , from the list of persons referred to in article 11 .


### if the member state responsible or , where applicable , the member state to which the request has been made does not agree that data recorded in the ees are factually inaccurate or have been recorded unlawfully , that member state shall adopt an administrative decision explaining in writing to the person concerned without delay why it is not prepared to correct or delete data relating to him . ### if the member state responsible or , where applicable , the member state to which the request has been made does not agree that data recorded in the ees are factually inaccurate , incomplete or have been recorded unlawfully , that member state shall adopt an administrative decision explaining in writing to the data subject without delay why it is not prepared to rectify , complete or erase the personal data relating to him or her or restrict the processing of such data .


### the member state responsible or , where applicable , the member state to which the request has been made shall also provide the person concerned with information explaining the steps which he can take if he does not accept the explanation for the decision pursuant to paragraph 5 . this shall include information on how to bring an action or a complaint before the competent authorities or courts of that member state and any assistance , including from the supervisory authorities , that is available in accordance with the laws , regulations and procedures of that member state . ### the member state responsible or , where applicable , the member state to which the request has been made shall also provide the data subject with information explaining the steps which he or she can take if he or she does not accept the explanation for the decision pursuant to paragraph 4 . this shall include information on how to bring an action or a complaint before the competent authorities or courts of that member state and any information , including from the supervisory authorities , that is available in accordance with the laws , regulations and procedures of that member state .


### the competent authorities of the member states shall cooperate actively to enforce the rights laid down in article 46 , and . ### the competent authorities of the member states shall cooperate actively to enforce the rights laid down in article 46 .


### in each member state , the supervisory authority shall , upon request , assist and advise the person concerned in exercising his right to correct or delete data relating to him in accordance with article 28 of directive 95 / 46 / ec . ### in each member state , the supervisory authority shall , upon request , assist and advise the data subject in exercising his or her right to rectify , complete or erase personal data relating to him or her or to restrict such data in accordance with regulation 2016 / 679 .


### in each member state any person shall have the right to bring an action or a complaint before the competent authorities or courts of that member state which refused the right of access to or the right of correction or deletion of data relating to him , provided for in article 46 . ### without prejudice to articles 77 to 82 of regulation 2016 / 679 , in each member state any person shall have the right to bring an action or a complaint before the competent authorities or courts of that member state which refused the right of access to or the right of correction or deletion of data relating to him , provided for in article 46 .


### each member state shall ensure that the national supervisory authority or authorities designated pursuant to article 28 of directive 95 / 46 / ec shall monitor the lawfulness of the processing of personal data referred to in articles 13 to 19 by the member state concerned , including their transmission to and from the ees . ### each member state shall ensure that the national supervisory authority or authorities designated pursuant to article 51 of regulation 2016 / 679 shall independently monitor the lawfulness of the processing of personal data referred to in chapters ii , iii and v of this regulation by the member state concerned , including their transmission to and from the ees .


### the supervisory authority shall ensure that an audit of the data processing operations in the national system is carried out in accordance with relevant international auditing standards at least every four years . ### the supervisory authority or authorities shall ensure that an audit of the data processing operations in the national border infrastructure is carried out in accordance with relevant international auditing standards at least every four years .


### each member state shall supply any information requested by the supervisory authorities and shall , in particular , provide them with information on the activities carried out in accordance with articles 35 , 36 and 39 . each member state shall grant the supervisory authorities access to their records pursuant to article 30 and allow them access at all times to all their ees related premises . ### each member state shall supply any information requested by the supervisory authorities and shall , in particular , provide them with information on the activities carried out in accordance with articles 35 , 36 and 39 . each member state shall grant the supervisory authorities access to their records pursuant to article 41 and allow them access at all times to all their ees related premises .


### the european data protection supervisor shall ensure that the personal data processing activities of eu - lisa concerning the ees are carried out in accordance with this regulation . ### the european data protection supervisor shall be responsible for monitoring and ensuring that the personal data processing activities of eu - lisa concerning the ees are carried out in accordance with regulation no 45 / 2001 and with this regulation .


### the european data protection supervisor shall ensure that an audit of the agency ' s personal data processing activities is carried out in accordance with relevant international auditing standards at least every four years . a report of that audit shall be sent to the european parliament , the council , eu - lisa , the commission and the national supervisory authorities . eu - lisa shall be given an opportunity to make comments before the report is adopted . ### the european data protection supervisor shall ensure that an audit of eu - lisa ' s personal data processing activities is carried out in accordance with relevant international auditing standards at least every three years . a report of that audit shall be sent to the european parliament , the council , the commission , eu - lisa and the supervisory authorities . eu - lisa shall be given an opportunity to make comments before the report is adopted .


### the national supervisory authorities and the european data protection supervisor shall actively cooperate within the framework of their responsibilities and shall ensure coordinated supervision of the ees and the national systems . ### the national supervisory authorities and the european data protection supervisor shall , each acting within the scope of their respective competences , cooperate actively in the framework of their responsibilities and shall ensure coordinated supervision of the ees and the national border infrastructures .


### they shall exchange relevant information , assist each other in carrying out audits and inspections , examine difficulties over the interpretation or application of this regulation , assess problems in the exercise of independent supervision or the exercise of the rights of the data subject , draw up harmonised proposals for joint solutions to any problems and promote awareness of data protection rights , as necessary . ### they shall exchange relevant information , assist each other in carrying out audits and inspections , examine difficulties over the interpretation or application of this regulation , assess problems in the exercise of independent supervision or in the exercise of the rights of the data subject , draw up harmonised proposals for joint solutions to any problems and promote awareness of data protection rights , as necessary .


### each member state shall ensure that the provisions adopted under national law implementing framework decision 2008 / 977 / jha are also applicable to the access to ees by its national authorities in line with article 1 . ### each member state shall ensure that the provisions adopted under national law implementing directive 2016 / 680 are also applicable to the access to ees by its national authorities in line with article 1 .


### the monitoring of the lawfulness of the access to personal data by the member states for the purposes listed in article 1 of this regulation , including their transmission to and from the ees , shall be carried out by the national supervisory authorities designated pursuant to framework decision 2008 / 977 / jha . ### the monitoring of the lawfulness of the access to personal data by the member states for the purposes listed in points to of article 5 of this regulation , including their transmission to and from the ees , shall be carried out by the national supervisory authorities designated pursuant to directive 2016 / 680 .


### the processing of personal data by europol shall be carried out in accordance with decision 2009 / 371 / jha and shall be supervised by an independent external data protection supervisor . articles 30 , 31 and 32 of that decision shall be applicable to the processing of personal data by europol pursuant to this regulation . the independent external data protection supervisor shall ensure that the rights of the third country national are not infringed . ### the processing of personal data by europol pursuant to this regulation shall be carried out in accordance with regulation 2016 / 794 and shall be supervised by the european data protection supervisor .


### personal data accessed in the ees for the purposes laid down in article 1 shall only be processed for the purposes of the prevention , detection or investigation of the specific case for which the data have been requested by a member state or by europol . ### personal data accessed in the ees for the purposes laid down in points to of article 5 shall only be processed for the purposes of the prevention , detection or investigation of the specific case for which the data have been requested by a member state or by europol .


### the central system , the designated authorities , the central access points and europol shall keep records of the searches for the purposes of enabling the national data protection authorities and the european data protection supervisor to monitor the compliance of data processing with union data protection rules . other than for such purpose , personal data , as well as the records of the searches , shall be erased in all national and europol files after a period of one month , unless those data and records are required for the purposes of the specific ongoing criminal investigation for which they were requested by a member state or by europol . ### the central system , the designated authorities , the central access points and europol shall keep records of the searches for the purposes of enabling the national data protection authorities and the european data protection supervisor to monitor the compliance of data processing with union data protection rules , including for the purpose of maintaining records in order to prepare the annual reports referred to in article 64 . other than for such purpose , personal data , as well as the records of the searches , shall be erased in all national and europol files after a period of one month , unless those data and records are required for the purposes of the specific ongoing criminal investigation for which they were requested by a member state or by europol .


### the log or documentation shall show : ### the log or documentation shall show , in all cases :


### logs and documentation shall be used only for monitoring the lawfulness of data processing and for ensuring data integrity and security . only logs containing non - personal data may be used for the monitoring and evaluation referred to in article 64 . the competent national supervisory authorities responsible for checking the admissibility of the request and monitoring the lawfulness of the data processing and data integrity and security shall have access to those logs at their request for the purpose of fulfilling their duties . ### logs and documentation shall be used only for monitoring the lawfulness of data processing and for ensuring data integrity and security . only logs which do not contain personal data may be used for the monitoring and evaluation referred to in article 64 . the competent national supervisory authorities responsible for checking the admissibility of the request and monitoring the lawfulness of the data processing and data integrity and security shall have access to these logs at their request for the purpose of fulfilling their duties .


### from the start of operations of the ees referred to in article 60 of [ regulation establishing an entry / exit system ] , interoperability between the ees and the vis is established to ensure more efficiency and rapidity of border checks . to this effect eu - lisa shall establish a secure communication channel between the ees central system and the vis central system to enable interoperability between the ees and the vis . direct consultation between the systems shall only be possible if both this regulation and regulation no 767 / 2008 provide for it . ### from the start of operations of the ees referred to in article 60 of [ regulation establishing an entry / exit system ] , interoperability between the ees and the vis is established to ensure more efficiency and rapidity of border checks with due respect for the purpose limitation principle . to this effect eu - lisa shall establish a secure communication channel between the ees central system and the vis central system to enable interoperability between the ees and the vis . direct consultation between the systems shall only be possible if both this regulation and regulation no 767 / 2008 provide for it .


### in accordance with article 33 of the [ regulation establishing an entry / exit system ] , the commission shall adopt the measures necessary for the establishment and the high level design of the interoperability in accordance with article 34 of the [ regulation establishing an entry / exit system ] . in order to establish the interoperability with the ees , the management authority shall develop the required evolutions and / or adaptations of the central visa information system , the national interface in each member state , and the communication infrastructure between the central visa information system and the national interfaces . the national infrastructures shall be adapted and / or developed by the member states . ### in accordance with article 33 of the [ regulation establishing an entry / exit system ] , the commission shall adopt the measures necessary for the establishment and the high level design of the interoperability in accordance with article 34 of the [ regulation establishing an entry / exit system ] . in order to establish the interoperability with the ees , eu - lisa shall develop the required evolutions and / or adaptations of the central visa information system , the national interface in each member state , and the communication infrastructure between the central visa information system and the national interfaces . the national infrastructures shall be adapted and / or developed by the member states .


### if the search with the data listed in paragraph 1 indicates that the vis stores data on one or more issued or extended visa ) , which are under their validity period and are territorially valid for the border crossing , the competent border control authority shall be given access to consult the following data of the concerned application file as well as of linked application file pursuant to article 8 , solely for the purposes referred to in paragraph 1 : ### if the search with the data listed in paragraph 1 indicates that data on the visa holder are recorded in the vis , the competent border control authority shall be given access to consult the following data of the concerned application file as well as of linked application file pursuant to article 8 , solely for the purposes referred to in paragraph 1 :


### the technology is not available at the border crossing point for the use of live facial image and therefore the identity of the visa holder cannot be verified against the ees ; ### the technology is temporarily not available at the border crossing point for the use of live facial image and therefore the identity of the visa holder cannot be verified against the ees ;


### in article 20 , paragraph 1 is replaced by the following : ### in article 20 , paragraph 1 , subparagraph 1 is replaced by the following :


### [ six months after the entry into force of regulation establishing an entry / exit system ] , the management authority shall be responsible for the tasks referred to in paragraph 3 of this article . ### [ six months after the entry into force of regulation establishing an entry / exit system ] , eu - lisa shall be responsible for the tasks referred to in paragraph 3 of this article .


### each member state and the management authority shall keep records of all data processing operations within the vis . these records shall show the purpose of access referred to in article 6 and in articles 15 to 22 , the date and time , the type of data transmitted as referred to in articles 9 to 14 , the type of data used for interrogation as referred to in articles 15 , 17 , 18 , 18 , 19 , 19a , 19a , 20 , 21 and 22 and the name of the authority entering or retrieving the data . in addition , each member state shall keep records of the staff duly authorised to enter or retrieve the data . ### each member state and eu - lisa shall keep records of all data processing operations within the vis . these records shall show the purpose of access referred to in article&#160 ; 6 and in articles&#160 ; 15 to 22 , the date and time , the type of data transmitted as referred to in articles&#160 ; 9 to 14 , the type of data used for interrogation as referred to in articles 15 , 17 , 18 , 18 , 19 , 19a , 19a , 20 , 21 and 22 and the name of the authority entering or retrieving the data . in addition , each member state shall keep records of the staff duly authorised to enter or retrieve the data .


### the duly authorised staff of the competent authorities of member states , the commission , eu - lisa and frontex shall have access to consult the following data , solely for the purposes of reporting and statistics without allowing for individual identification : ### the duly authorised staff of the competent authorities of member states , the commission and eu - lisa shall have access to consult the following data , solely for the purposes of reporting and statistics without allowing for individual identification and&#160 ; the duly authorised staff of frontex shall have access to consult the following data for the purpose of carrying out vulnerability assessments and risk analyses :


### at the end of each year , statistical data shall be compiled in the form of quarterly statistics for that year . the statistics shall contain a breakdown of data for each member state . ### at the end of each year , statistical data shall be compiled in an annual report for that year . the statistics shall contain a breakdown of data for each member state . the report shall be published and transmitted to the european parliament , to the council , to the commission , to the european data protection supervisor and to the national supervisory authorities .


### the costs incurred in connection with the establishment and operation of the central system , the communication infrastructure and the national uniform interface shall be borne by the general budget of the union . ### the costs incurred in connection with the establishment and operation of the central system , the communication infrastructure and the national uniform interface shall be borne by the general budget of the union . before starting the procurement procedure the commission shall undertake a precise analysis of the technical requirements for the integration of existing national systems , of the technical standards , of the requirements concerning the content and the accessibility of the ees .


### hosting of national systems ; ### hosting of national systems and border infrastructures ;


### operation of national systems ; ### operation of national border infrastructures ;


### commission shall make the information notified pursuant to paragraph 1 available to the member states and the public by a constantly updated public website . ### the commission shall publish the information referred to in paragraphs 1 to 4 in the official journal of the european union . where there are amendments thereto , the commission shall publish once a year an updated consolidated version of this information . the commission shall maintain a constantly updated public website containing this information .


### three years after the start of operations of the ees and every four years thereafter , the commission shall produce an overall evaluation of the ees . this overall evaluation shall include an examination of results achieved against objectives and the impact on fundamental rights , and assessing the continuing validity of the underlying rationale , the application of the regulation , the security of the ees and any implications on future operations , and shall make any necessary recommendations . the commission shall transmit the evaluation report to the european parliament and the council . ### three years after the start of operations of the ees and every four years thereafter , the commission shall produce an overall evaluation of the ees . this overall evaluation shall include an examination of results achieved against objectives and the impact on fundamental rights , and assessing the continuing validity of the underlying rationale , the application of the regulation , the security of the ees and any implications , in particular those with a budgetary impact , on future operations , and shall make any necessary recommendations . the commission shall transmit the evaluation report to the european parliament and the council .


### this regulation shall enter into force on the twentieth day following that of its publication in the official journal of the european union . this regulation shall be binding in its entirety and directly applicable in the member states in accordance with the treaties . ### this regulation shall enter into force on the twentieth day following that of its publication in the official journal of the european union . this regulation shall apply from the date determined by the commission in accordance with article 60 , with the exception of articles 4 , 33 , 34 , 35 , 56 , 58 , 59 , 60 and 61 , which shall apply from the date of entry into force of this regulation . this regulation shall be binding in its entirety and directly applicable in the member states in accordance with the treaties .


### in order to ensure effective and efficient enforcement of the sector - specific rules on posting of workers and to avoid disproportionate administrative burdens for non - resident operators sector , specific administrative and control requirements should be established in the road transport sector , taking full advantage of control tools such as the digital tachograph . ### in order to ensure effective and efficient enforcement of the sector - specific rules on posting of workers and to avoid disproportionate administrative burdens for non - resident operators sector and drivers as highly mobile workers , the internal market information system , established by regulation no 1024 / 20112 should be used for exchange of information between member states and standardized forms of documents together with specific non - burdensome administrative and control requirements should also be established in the road transport sector , taking full advantage of control tools such as the digital tachograph .


### in order to ensure effective and efficient enforcement of the sector - specific rules on posting of workers and to avoid disproportionate administrative burdens for non - resident operators sector , specific administrative and control requirements should be established in the road transport sector , taking full advantage of control tools such as the digital tachograph . ### in order to ensure effective and efficient enforcement of the sector - specific rules on posting of workers and to avoid disproportionate administrative burdens for non - resident operators sector , standardised forms should be developed by the commission and flexible specific administrative and control requirements should be established in the road transport sector , taking full advantage of control tools such as the smart tachograph .


### in order to ensure effective and efficient enforcement of the sector - specific rules on posting of workers and to avoid disproportionate administrative burdens for non - resident operators sector , specific administrative and control requirements should be established in the road transport sector , taking full advantage of control tools such as the digital tachograph . ### in order to ensure effective and efficient enforcement of the sector - specific rules on posting of workers and to avoid disproportionate administrative burdens for non - resident operators sector , standardised forms developed by the commission and specific administrative and control requirements should be established in the road transport sector , taking full advantage of control tools such as the digital tachograph .


### citizens should also be more aware of their rights deriving from citizenship of the union , and should feel at ease about living , travelling , studying , working and volunteering in another member state , and should feel able to enjoy and exercise all their citizenship rights , place their trust in equal access , full enforceability and protection of their rights without any discrimination , no matter where in the union they happen to be . civil society needs to be supported for the promotion , safeguarding and raising awareness of eu common values under article 2 teu and in contributing to the effective enjoyment of rights under union law . ### citizens should also be more aware of their rights deriving from citizenship of the union , and should feel at ease about living , travelling , studying , working and volunteering in another member state , and should feel able to enjoy and exercise all their citizenship rights , place their trust in equal access , full enforceability and protection of their rights without any discrimination , as well as feel that they have an impact and voice in decision - making in the eu , no matter where in the union they happen to be . civil society needs to be supported for the promotion , safeguarding and raising awareness of eu common values under article 2 teu and in contributing to the effective enjoyment of rights under union law .


### protecting and promoting the rights of the child , the rights of people with disabilities , union citizenship rights and the right to the protection of personal data . ### protecting and promoting the rights of the child , the rights of young people , the rights of people with disabilities , union citizenship rights and the right to the protection of personal data .


### eur [ 233 . 000 . 000 ] for the specific objective referred to in article 2 ; ### eur [ 500 . 000 . 000 ] or at least 40 % of the financial envelope of the programme referred to in article 6 , to achieve the specific objective referred to in article 2 ;


### the performance reporting system shall ensure that data for monitoring programme implementation and results are collected efficiently , effectively , and in a timely manner . to that end , proportionate reporting requirements shall be imposed on recipients of union funds and member states . ### the performance reporting system shall ensure that data for monitoring programme implementation and results including an outline of the allocation of funds for specific projects and the synergies created between existing funding programs are collected efficiently , effectively , and in a timely manner to ensure transparency . to that end , proportionate reporting requirements shall be imposed on recipients of union funds and member states .


### strengthening citizen ' s awareness of european culture , history and remembrance as well as their sense of belonging to the union ; ### strengthening citizen ' s awareness , especially of young people , of european culture , history and remembrance as well as their sense of belonging to the union ;


### equality between men and women is a fundamental principle of the union . according to article 3 of the treaty on european union the promotion of equality between women and men is one of the union ' s aims . similarly , article 23 of the charter of fundamental rights of the european union requires equality between women and men to be ensured in all areas , including employment , work and pay . ### equality between men and women is a fundamental principle of the union . according to article 3 the treaty on european union and article 8 of the treaty on the functioning of the european union the elimination of inequalities and promotion of equality between women and men is one of the union ' s aims . similarly , under article 21 of the charter of fundamental rights of the european union any discrimination on any ground is prohibited , while article 23 requires equality between women and men to be ensured in all areas , including employment , work and pay .


### the union is party to the united nations ' convention on the rights of people with disabilities . the provisions of that convention are thus , from the time of its entry into force , an integral part of the european union legal order and union legislation must as far as possible be interpreted in a manner that is consistent with the convention . the convention provides , among other things , in its article 7 that parties shall take all necessary measures to ensure the full enjoyment by children with disabilities of all human rights and fundamental freedoms on an equal basis with other children . ### the union and all itsmember states are parties to the united nations ' convention on the rights of people with disabilities . the convention underlines that persons with disabilities and their family members should receive the necessary protection and assistance to enable families to contribute towards the full and equal enjoyment of the rights of persons with disabilities . the provisions of that convention are an integral part of the european union legal order and union legislation must as far as possible be interpreted in a manner that is consistent with the convention . the convention provides , among other things , in its article 7 that parties shall take all necessary measures to ensure the full enjoyment by children with disabilities of all human rights and fundamental freedoms on an equal basis with other children . moreover , the convention , in its article 23 , provides that parties shall take effective and appropriate measures to eliminate discrimination against persons with disabilities in all matters relating to marriage , family , parenthood and relationships .


### the union is party to the united nations ' convention on the rights of people with disabilities . the provisions of that convention are thus , from the time of its entry into force , an integral part of the european union legal order and union legislation must as far as possible be interpreted in a manner that is consistent with the convention . the convention provides , among other things , in its article 7 that parties shall take all necessary measures to ensure the full enjoyment by children with disabilities of all human rights and fundamental freedoms on an equal basis with other children . ### all eu member states are party to the united nations ' convention on the rights of people with disabilities and more generally have to promote and protect all fundamental rights enshrined in the universal declaration of human rights . furthermore , point of the preamble to the convention underlines the conviction that the family is the natural and fundamental group unit of society and is entitled to protection by society and the state , and that persons with disabilities and their family members should receive the necessary protection and assistance to enable families to contribute towards the full and equal enjoyment of the rights of persons with disabilities . the union is party to the united nations ' convention on the rights of people with disabilities . the provisions of that convention are thus , from the time of its entry into force , an integral part of the european union legal order and union legislation must as far as possible be interpreted in a manner that is consistent with the convention . the convention provides , among other things , in its article 7 that parties shall take all necessary measures to ensure the full enjoyment by children with disabilities of all human rights and fundamental freedoms on an equal basis with other children .


### work - life balance remains however a considerable challenge for many parents and workers with caring responsibilities , with a negative impact on female employment . a major factor contributing to the underrepresentation of women in the labour market is the difficulty of balancing work and family obligations . when they have children , women tend to work less hours in paid employment and spend more time fulfilling unpaid care responsibilities . having an ill or dependent relative has also been shown to have a negative impact on female employment , leading some women to drop out of the labour market entirely . ### work - life balance remains however a considerable challenge for many parents and workers with caring responsibilities , with a particularly negative impact on female employment . a major factor contributing to the underrepresentation of women in the labour market is the difficulty of balancing work and family obligations . when they have children , women tend to work less hours in paid employment and spend more time fulfilling unpaid care responsibilities . having an ill or dependent relative has also been shown to have a negative impact on female employment , leading some women to drop out of the labour market entirely .


### the current union legal framework provides limited incentives for men to assume an equal share of caring responsibilities . lack of paid paternity and parental leave in many member states contributes to the low take - up of such leave by fathers . the imbalance in the design of work - life balance policies between women and men reinforces gender differences between work and care . conversely , use of work - life balance arrangements by fathers , such as leave or flexible working arrangements , has been shown to have a positive impact in reducing the relative amount of unpaid family work undertaken by women and leaving them more time for paid employment . ### the current union legal framework provides limited incentives for men to assume an equal share of caring responsibilities . lack of paid paternity and parental leave as well as transferability of parental leave in many member states contribute to the low take - up of such leave by fathers . the imbalance in the design of work - life balance policies between women and men reinforces gender differences between work and care . conversely , use of work - life balance arrangements by fathers , such as leave or flexible working arrangements , has been shown to have a positive impact in reducing the relative amount of unpaid family work undertaken by women and leaving them more time for paid employment . furthermore , eurofound research shows that take - up rates among parents depend on many intertwined factors . such factors include : information about the leave available ; leave compensation and pay disparities ; availability and flexibility of childcare facilities ; prevailing family organisation models ; and the extent to which workers fear isolation from the labour market when taking leave1a . __________________ 1a eurofound : promoting uptake of parental and paternity leave among fathers in the european union and the gender employment gap : challenges and solutions .


### the current union legal framework provides limited incentives for men to assume an equal share of caring responsibilities . lack of paid paternity and parental leave in many member states contributes to the low take - up of such leave by fathers . the imbalance in the design of work - life balance policies between women and men reinforces gender differences between work and care . conversely , use of work - life balance arrangements by fathers , such as leave or flexible working arrangements , has been shown to have a positive impact in reducing the relative amount of unpaid family work undertaken by women and leaving them more time for paid employment . ### the current union legal framework provides limited incentives for men to assume an equal share of caring responsibilities . lack of paid paternity and parental leave in many member states contributes to the low take - up of such leave by fathers . the imbalance in the design of work - life balance policies between women and men reinforces differences between women and men across work and care . conversely , use of work - life balance arrangements by fathers , such as leave or flexible working arrangements , has been shown to have a positive impact in reducing the relative amount of unpaid family work undertaken by women and leaving them more time for paid employment . the directive fully respects the freedom and preferences of individuals and families to organise their lives and does not impose on them any obligation to use the benefit of its provisions .


### the current union legal framework provides limited incentives for men to assume an equal share of caring responsibilities . lack of paid paternity and parental leave in many member states contributes to the low take - up of such leave by fathers . the imbalance in the design of work - life balance policies between women and men reinforces gender differences between work and care . conversely , use of work - life balance arrangements by fathers , such as leave or flexible working arrangements , has been shown to have a positive impact in reducing the relative amount of unpaid family work undertaken by women and leaving them more time for paid employment . ### the current union legal framework provides limited incentives for men to assume an equal share of caring responsibilities . lack of paid paternity and parental leave in many member states contributes to the low take - up of such leave by fathers . the imbalance in the design of eu work - life balance policies between women and men reinforces gender differences between work and care . conversely , use of work - life balance arrangements by fathers , such as leave or flexible working arrangements , has been shown to have a positive impact in reducing the relative amount of unpaid family work undertaken by women and leaving them more time for paid employment . furthermore , the availability of high - quality , accessible and affordable childcare facilities has proven to be a crucial aspect of work - life balance policies that facilitates the rapid return of women to work and their increased participation in the labour market .


### this directive lays down minimum requirements related to paternity , parental and carers ' leave and to flexible working arrangements for parents and workers with caring responsibilities . by facilitating the reconciliation of work and family life for parents and carers , this directive should contribute to the treaty - based goals of equality between men and women with regard to labour market opportunities , equal treatment at work and the promotion of a high level of employment in the union . ### this directive lays down minimum requirements related to paternity , parental and carers ' leave and to flexible working arrangements for parents and workers with caring responsibilities . by facilitating the reconciliation of work and family life for parents and carers , this directive should contribute to the treaty - based goals of equity between men and women with regard to labour market opportunities , equal treatment at work and the promotion of a high level of employment in the union .


### in order to encourage a more equal sharing of caring responsibilities between women and men , the right to paternity leave for fathers to be taken on the occasion of the birth of a child should be introduced . in order to take account of differences among member states , the right to paternity leave should be irrespective of marital or family status as defined in national law . ### in order to encourage a more equal sharing of caring responsibilities between women and men , the right to paid paternity leave for fathers or an equivalent second parent as defined in national law to be taken around the occasion of the birth or adoption of a child and within duration limits of the maternity leave should be introduced . in order to take account of differences among member states , the right to paternity leave should be irrespective of marital or family status as defined in national law .


### in order to provide greater possibility for parents to use parental leave as their children grow up , the right to parental leave should be granted until the child is at least twelve years old . member states should be able to specify the period of notice to be given by the worker to the employer when applying for parental leave and to decide whether the right to parental leave may be subject to a certain period of service . in view of the growing diversity of contractual arrangements , the sum of successive fixed - term contracts with the same employer should be taken into account for the purpose of calculating the period of service . to balance the needs of workers with those of employers , member states should also be able to decide whether they define if the employer may be allowed to postpone the granting of parental leave under certain circumstances . in such cases , the employer should provide justification for the postponement . given that flexibility makes it more likely that second parents , in particular fathers , will take up their entitlement to such leave , workers should be able to request to take parental leave on a full - time or part - time basis or in other flexible forms . it should be up to the employer whether or not to accept such a request for parental leave in other flexible forms than full - time . member states should also assess if the conditions and detailed arrangements of parental leave should be adapted to the specific needs of parents in particularly disadvantaged situations . ### in order to provide greater possibility for parents to use parental leave as their children grow up , the right to parental leave should be granted until the child is at least twelve years old . member states should be able to specify the period of notice to be given by the worker to the employer when applying for parental leave and to decide whether the right to parental leave may be subject to a certain period of service . in view of the growing diversity of contractual arrangements , the sum of successive fixed - term contracts with the same employer should be taken into account for the purpose of calculating the period of service . to balance the needs of workers with those of employers , member states should also be able to decide whether they define if the employer may be allowed to postpone the granting of parental leave under certain circumstances . in such cases , the employer should provide justification for the postponement . given that flexibility makes it more likely that second parents , in particular fathers , will take up their entitlement to such leave , workers should be able to request to take parental leave on a full - time or part - time basis or in other flexible forms . the employer should accept requests for parental leave in other flexible forms than full - time , unless there are compelling and justified reasons not to do so . member states should also assess if the conditions and detailed arrangements of parental leave should be adapted to favour the specific needs of parents in particularly disadvantaged situations .


### to increase the incentives for workers with children and caring responsibilities , men in particular , to take the periods of leave provided for in this directive , they should have the right to an adequate allowance while on leave . the level of the allowance should be at least equivalent to what the worker concerned would receive in case of sick leave . member states should take into account the importance of the continuity of the entitlements to social security , including healthcare . ### to increase the incentives for workers with children and caring responsibilities , men in particular , to take the periods of leave provided for in this directive , they should have the right to an adequate allowance while on leave . the level of the allowance should be defined by the member state and should be equivalent to the maternity leave pay as defined at the national level in case of paternity leave , while in the case of the parental leave and the carers’ leave it should be at least equivalent to 80% of the worker’s gross wage . with this , member states would ensure that the payment or allowance is set at a level that encourages parents to better share the entitlements and should take into account the importance of the continuity of the entitlements to social security , including healthcare and pension schemes .


### to increase the incentives for workers with children and caring responsibilities , men in particular , to take the periods of leave provided for in this directive , they should have the right to an adequate allowance while on leave . the level of the allowance should be at least equivalent to what the worker concerned would receive in case of sick leave . member states should take into account the importance of the continuity of the entitlements to social security , including healthcare . ### to increase the incentives for workers with children and caring responsibilities , men in particular , to take the periods of leave provided for in this directive , they should have the right to an adequate allowance while on leave . the level of the allowance should be at least equivalent to what the worker concerned would receive in case of sick leave or , where no sick leave is applicable , to at least 75% of the carer’s gross income . member states should take into account the importance of the continuity of the entitlements to social security , including pension and healthcare .


### ' paternity leave ' means leave from work for fathers to be taken on the occasion of the birth of a child ; ### ' paternity leave ' means paid leave from work for fathers or an equivalent second parent as defined in national law on the grounds of the birth or adoption of a child , to be taken around the occasion of the birth or adoption of a child within duration limits of the maternity leave ;


### “relative ' means a worker ' s son , daughter , mother , father , spouse or partner in civil partnership , where such partnerships are envisaged by national law ; ### “relative ' means a worker ' s next of kin , second - degree relatives or spouse or partner in civil partnership as provided for in national law , foster and adopted children , whether the worker’s own family or a spouse or partner’s family ;


### “relative ' means a worker ' s son , daughter , mother , father , spouse or partner in civil partnership , where such partnerships are envisaged by national law ; ### ' relative ' means a worker ' s relatives up to the second degree of consanguinity or affinity or partner in civil partnership , where such partnerships are envisaged by national law ;


### member states shall take the necessary measures to ensure that fathers have the right to take paternity leave of at least ten working days on the occasion of the birth of a child . ### member states shall be encouraged to take the necessary measures to ensure that fathers have the right to take paternity leave of at least ten working days on the occasion of the birth of a child .


### member states shall take the necessary measures to ensure that fathers have the right to take paternity leave of at least ten working days on the occasion of the birth of a child . ### member states , after consulting the social partners , shall take the necessary measures to ensure that fathers have the obligation to take paternity leave of at least ten working days on the occasion of the birth of a child .


### member states shall take the necessary measures to ensure that workers have an individual right to parental leave of at least four months to be taken before the child reaches a given age which shall be at least twelve . ### member states shall be encouraged to take the necessary measures to ensure that workers have an individual right to parental leave of at least four months to be taken before the child reaches a given age which shall be at least twelve .


### member states shall establish the period of notice to be given by workers to employers when exercising the right to parental leave . in doing so , member states shall take into account the needs of both employers and workers . member states shall ensure that the worker ' s request specifies the intended beginning and end of the period of leave . ### member states shall establish framework guidelines for the period of notice to be given by the workers to employers when exercising the right to parental leave , specifying the intended beginning and end of the period of leave . in doing so , member states shall take into account the needs of both employers , especially micro , small and medium - sized undertakings , and workers . member states shall also take into account force majeure as well as the possibility for a mutual agreement on changes to the period of notice between the worker and the employer .


### member states shall take the necessary measures to ensure that workers have the right to request parental leave also on a part - time basis , in blocks separated by periods of work or in other flexible forms . employers shall consider and respond to such requests , taking into account the needs of both employers and workers . employers shall justify any refusal of such a request in writing . ### member states shall be encouraged to take the necessary measures to ensure that workers have the right to request parental leave also on a part - time basis , in blocks separated by periods of work or in other flexible forms .


### member states shall assess the need for the conditions of access and detailed arrangements for the application of parental leave to be adapted to the needs of adoptive parents , parents having a disability and parents with children with a disability or long - term illness . ### member states shall assess the need for arrangements needed to make sure the application of parental leave is adapted to the needs of adoptive parents , disabled parents , parents with mental health problems , parents of children with a disability , a long - term illness or mental health problems .


### in accordance with national circumstances , such as national law , collective agreements and / or practice , and taking into account the powers delegated to social partners , member states shall ensure that workers exercising the rights to leave referred to in article 4 , 5 or 6 will receive a payment or an adequate allowance at least equivalent to what the worker concerned would receive in case of sick leave . ### in accordance with national circumstances , such as national law , collective agreements and / or practice , and taking into account the powers delegated to social partners , member states shall ensure that workers exercising the rights to leave referred to in article 4 or 5 will receive an adequate compensation to be determined by each eu country and / or the national social partners during the transposition phase of the directive .


### member states shall take the necessary measures to ensure that workers with children up to a given age , which shall be at least twelve , and carers , have the right to request flexible working arrangements for caring purposes . the duration of such flexible working arrangements may be subject to a reasonable limitation . ### member states shall be encouraged to take the necessary measures to ensure that workers with children up to a given age , which shall be at least twelve , and carers , have the right to request flexible working arrangements for caring purposes . the duration of such flexible working arrangements may be subject to a reasonable limitation .


### rights acquired or in the process of being acquired by workers on the date on which leave referred to in article 4 , 5 or 6 starts shall be maintained until the end of such leave . at the end of such leave , those rights , including any changes arising from national law , collective agreements or practice , shall apply . ### rights acquired or in the process of being acquired by workers on the date on which leave referred to in article 3 , 4 , 5 or 6 starts shall be maintained until the end of such leave . at the end of such leave , those rights , including any changes arising from national law , collective agreements or practice , shall apply .


### member states shall ensure that , at the end of leave referred to in article 4 , 5 or 6 , workers are entitled to return to their jobs or to equivalent posts on terms and conditions which are no less favourable to them , and to benefit from any improvement in working conditions to which they would have been entitled during their absence . ### member states shall ensure that , at the end of leave referred to in article 3 , 4 , 5 or 6 , workers are entitled to return to their jobs or to equivalent posts on terms and conditions which are no less favourable to them , and to benefit from any improvement in working conditions to which they would have been entitled during their absence .


### member states shall define the status of the employment contract or employment relationship for the period of leave referred to in article 4 , 5 or 6 , including as regards entitlements to social security , while ensuring that the employment relationship is maintained during that period . ### member states shall define the status of the employment contract or employment relationship for the period of leave referred to in article 3 , 4 , 5 or 6 , including as regards entitlements to social security , while ensuring that the employment relationship is maintained during that period .


### member states shall take the necessary measures to prohibit less favourable treatment of workers on the ground that they have applied for , or have taken , leave referred to in article 4 , 5 or 6 , or on the ground that they have exercised their right to flexible working arrangements referred to in article 9 . ### member states shall take the necessary measures to prohibit the dismissal and all preparations for dismissal of workers , on the grounds that they have applied for , or have taken , leave referred to in article 4 and 5 .


### member states shall take the necessary measures to prohibit less favourable treatment of workers on the ground that they have applied for , or have taken , leave referred to in article 4 , 5 or 6 , or on the ground that they have exercised their right to flexible working arrangements referred to in article 9 . ### member states shall take the necessary measures to prohibit less favourable treatment of workers on the ground that they have applied for , or have taken , leave referred to in article 3 , 4 , 5 or 6 , or on the ground that they have exercised their right to flexible working arrangements referred to in article 9 .


### member states shall take the necessary measures to prohibit the dismissal and all preparations for dismissal of workers , on the grounds that they have applied for , or have taken , leave referred to in article 4 , 5 or 6 , or have exercised the right to request flexible working arrangements referred to in article 9 . ### member states shall take the necessary measures to prohibit the dismissal and all preparations for dismissal of workers , on the grounds that they have applied for , or have taken , leave referred to in article 3 , 4 , 5 or 6 , or have exercised the right to request flexible working arrangements referred to in article 9 .


### workers who consider that they have been dismissed on the grounds that they have applied for , or have taken , leave referred to in article 4 , 5 or 6 or of exercising the right to request flexible working arrangements referred to in article 9 may request the employer to provide duly substantiated grounds for the dismissal . the employer shall provide those grounds in writing . ### workers who consider that they have been dismissed on the grounds that they have applied for , or have taken , leave referred to in article 3 , 4 , 5 or 6 or of exercising the right to request flexible working arrangements referred to in article 9 may request the employer to provide duly substantiated grounds for the dismissal . the employer shall provide those grounds in writing .


### member states shall ensure that the body or bodies designated , pursuant to article 20 of directive 2006 / 54 / ec , for the promotion , analysis , monitoring and support of equal treatment of parents and carers without discrimination on grounds of sex are also competent for issues falling within the scope of this directive . ### without prejudice to the powers of the labour inspection services or other bodies , including social services , responsible for monitoring workers ' rights , member states shall ensure that the body or bodies designated , pursuant to article 20 of directive 2006 / 54 / ec , for the promotion , analysis , monitoring and support of equal treatment of parents and carers without discrimination on grounds of sex are also competent for issues falling within the scope of this directive .


### article 16 level of protection member states may introduce or maintain provisions that are more favourable to workers than those laid down in this directive . they shall however ensure that at least four months of parental leave remain non - transferable in accordance with article 5 . ### article 16 non regression member states and / or the social partners may introduce or shall maintain more favourable provisions for workers than those set out in this directive . they shall however ensure that at least four months of parental leave remain non - transferable in accordance with article5 . 2 . this directive shall be without prejudice to any more specific provisions in union law , and in particular union law provisions concerning equal treatment or opportunities for men and women . 3 . the implementation of this directive shall not constitute valid grounds for reducing the rights conferred to and the general level of protection afforded to workers .


### member states shall ensure that the provisions adopted pursuant to this directive , together with the relevant provisions already in force relating to the subject matter as set out in article 1 of this directive , are brought by all appropriate means to the attention of the persons concerned throughout their territory . ### member states shall ensure that the provisions adopted pursuant to this directive , together with the relevant provisions already in force relating to the subject matter as set out in article 1 of this directive , are brought by all appropriate means to the attention of workers and undertakings , especially micro , small and medium - sized undertakings , concerned throughout their territory , including through the single digital gateway


### on the basis of the information provided by member states pursuant to paragraph 1 , the commission shall submit to the european parliament and the council a report in which it reviews the application of this directive , accompanied , if appropriate , by a legislative proposal . ### on the basis of the information provided by member states pursuant to paragraph 1 , the commission shall submit to the european parliament and the council a report in which it reviews the application of this directive , including data , disaggregated by sex , on the take - up of different types of leave contained in this directive and its impact on micro , small and medium - sized undertakings , accompanied , if appropriate , by a legislative proposal and to assess the possibility to extend in the future the rights contained in this directive to self - employed workers . .


### on the basis of the information provided by member states pursuant to paragraph 1 , the commission shall submit to the european parliament and the council a report in which it reviews the application of this directive , accompanied , if appropriate , by a legislative proposal . ### on the basis of the information provided by member states pursuant to paragraph 1 , the commission shall submit to the european parliament and the council a report in which it reviews the application of these guidelines , followed , if appropriate , by a legislative proposal .


### on the basis of the information provided by member states pursuant to paragraph 1 , the commission shall submit to the european parliament and the council a report in which it reviews the application of this directive , accompanied , if appropriate , by a legislative proposal . ### on the basis of the information provided by member states pursuant to paragraph 1 , the commission shall submit to the european parliament and the council a report in which it reviews the application of this directive , including data , disaggregated by sex , on the take - up of different types of leave contained in this directive and its impact on micro , small and medium - sized undertakings , accompanied , if appropriate , by a legislative proposal .


### the member states shall bring into force the laws , regulations and administrative provisions necessary to comply with this directive , at the latest two years after the entry into force . they shall forthwith communicate to the commission the text of those provisions . ### the member states shall bring into force the laws , regulations and administrative provisions necessary to comply with this directive , at the latest two years after the entry into force apart from the four paid weeks of parental leave referred to in article 8 which shall come into force four years after publication of this directive . they shall forthwith communicate to the commission the text of those provisions .


### the member states shall bring into force the laws , regulations and administrative provisions necessary to comply with this directive , at the latest two years after the entry into force . they shall forthwith communicate to the commission the text of those provisions . ### the member states shall bring into force the laws , regulations and administrative provisions necessary to comply with this directive , at the latest two years after the entry into force . they shall forthwith communicate to the commission the text of those provisions . all these laws , regulations and administrative provisions must be the subject of a consultation procedure involving the social partners which takes account of specific national circumstances .


### proposal for a regulation of the european parliament and of the council laying down common provisions on the european regional development fund , the european social fund plus , the cohesion fund , and the european maritime and fisheries fund and financial rules for those and for the asylum and migration fund , the internal security fund and the border management and visa instrument ### proposal for a regulation of the european parliament and of the council laying down common provisions on the european regional development fund , the european social fund plus , the cohesion fund , and the european maritime and fisheries fund and financial rules for those and for the internal security fund and the border management and visa instrument


### to better mobilise potential at the local level , it is necessary to strengthen and facilitate clld . it should take into account local needs and potential , as well as relevant socio - cultural characteristics , and should provide for structural changes , build community capacity and stimulate innovation . the close cooperation and integrated use of the funds to deliver local development strategies should be strengthened . local action groups , representing the interests of the community , should be , as an essential principle responsible for the design and implementation of clld strategies . in order to facilitate coordinated support from different funds to clld strategies and to facilitate their implementation , the use of a ' lead fund ' approach should be facilitated . ### to better mobilise potential at the local level , it is necessary to strengthen and facilitate clld . it should take into account local needs and potential , as well as relevant socio - cultural characteristics , and should provide for structural changes , build community capacity and stimulate innovation . the close cooperation and integrated use of the funds to deliver local development strategies should be strengthened . local action groups , representing the interests of the community , should be , as an essential principle responsible for the design and implementation of clld strategies . local action groups have achieved remarkable results to date , and should therefore receive more comprehensive financial support . in order to facilitate coordinated support from different funds , including those not covered by this regulation , to clld strategies and to facilitate their implementation , the use of a ' lead fund ' approach should be facilitated .


### the erdf , the esf + and the emff may support community - led local development . ### erdf , esf + and emff , in synergy with the european agricultural fund for rural development , may support community - led local development .


### focused on subregional areas ; ### focused on subregional areas and rural areas ;


### the member state may entrust the accounting function referred to in article 70 to the managing authority or to another body . ### the member state may entrust the accounting function referred to in article 70 to the managing authority , to the certifying authority or to another body .


### the european anti - fraud office conducts administrative investigations into administrative irregularities as well as into criminal behaviour . at the end of its investigations , it may make judicial recommendations to the national prosecution authorities , aimed at enabling indictments and prosecutions in the member states . in future , in the member states participating in the eppo , it will report suspected criminal offences to the eppo , and will collaborate with it in the context of its investigations . ### to protect the financial interests of the union , the european anti - fraud office conducts administrative investigations into administrative irregularities as well as into criminal behaviour . at the end of its investigations , it may make judicial recommendations to the national prosecution authorities , aimed at enabling indictments and prosecutions in the member states . in future , in the member states participating in the eppo , it will report suspected criminal offences to the eppo , and will collaborate with it in the context of its investigations , by offering technical and logistic support for example .