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


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


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


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


### requests for comparison with eurodac data shall be limited to searching with fingerprint or facial image data . ### requests for comparison with eurodac data shall be limited to searching with fingerprint , facial image or alphanumeric data .


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


### in individual cases , information obtained from the central system may be shared with a third - country in order to assist with the identification of a third - country national in relation to his / her return . sharing of any personal data must be subject to strict conditions . where such information is shared , no information shall be disclosed to a third - country relating to the fact that an application for international protection has been made by a third - country national where the country the individual is being readmitted to , is also the individual ' s country of origin or another third - country where they will be readmitted . any transfer of data to a third - country for the identification of a third - country national must be in accordance with the provisions of chapter v of regulation no . [ …2016 ] . ### in individual cases , information obtained from the central system may be shared with a third - country in order to assist with the identification of a third - country national in relation to his / her return . sharing of any personal data must be subject to strict conditions . where such information is shared , no information shall be disclosed to a third - country relating to the fact that an application for international protection has been made by a third - country national or a stateless person where the country the individual is being readmitted to , is also the individual ' s country of origin or another third - country where they will be readmitted . any transfer of data to a third - country for the identification of a third - country national or a stateless person must be in accordance with the provisions of chapter v of regulation no . [ 679 / 2016 ] .


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


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


### the commission’s communication on stronger and smarter information systems for borders and security28 highlights the need to improve the interoperability of information systems as a long - term objective , as also identified by the european council and the council . the communication proposes to set up an expert group on information systems and interoperability to address the legal and technical feasibility of achieving interoperability of the information systems for borders and security . this group should assess the necessity and proportionality of establishing interoperability with the schengen information systems and the visa information systems , and examine if there is a need to revise the legal framework for law enforcement access to eurodac . _________________ 28 com 205 final ### the commission’s communication on stronger and smarter information systems for borders and security28 highlights the need to improve the interoperability of information systems as a long - term objective , as also identified by the european council and the council . the communication proposes to set up an expert group on information systems and interoperability to address the legal and technical feasibility of achieving interoperability of the information systems and examine if there is a need to revise the legal framework for law enforcement access to eurodac . technological solutions should be developed to ensure the interoperability of eurodac with the schengen information system , the visa information system , europol and the entry - exit system in order to enhance effective cooperation amongst member states in managing external borders and combatting serious crime . _________________ 28 com 205 final


### ' terrorist offences ' means the offences under national law which correspond or are equivalent to those referred to in articles 1 to 4 of framework decision 2002 / 475 / jha ; ### ' terrorist offences ' means the offences referred to in articles 3 to 12 of directive 2017 / . . . of the european parliament and of the council [ on combating terrorism and replacing council framework decision 2002 / 475 / jha and amending council decision 2005 / 671 / jha ] .


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


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


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


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


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


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


### member states are obliged to take the fingerprints and facial image of persons referred to in article 10 , 13 and 14 for the purposes of article 1 and of this regulation and shall impose on the data - subject the requirement to provide his or her fingerprints and a facial image and inform them as such in accordance with article 30 of this regulation . ### the person referred to in articles 10 , 13 and 14 shall be registered . therefore , member states are obliged to take their fingerprints and facial images for the purposes of article 1 and of this regulation and shall impose on the data - subject the requirement to provide his or her fingerprints and facial image and inform them as such in accordance with article 30 of this regulation .


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


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


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


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


### procedure for comparison of data for applicants for international protection and third - country nationals apprehended crossing the border irregularly or illegally staying in the territory of a member state ### procedure for comparison of data for applicants for international protection and third - country nationals and stateless persons apprehended crossing the border irregularly or illegally staying in the territory of a member state


### for the purposes laid down in article 1 , the member state of origin which granted international protection to an applicant for international protection whose data were previously recorded in the central system pursuant to article 12 shall mark the relevant data in conformity with the requirements for electronic communication with the central system established by eu - lisa . that mark shall be stored in the central system in accordance with article 17 for the purpose of transmission under article 15 . the central system shall , as soon as possible and no later than 72 hours , inform all member states of origin of the marking of data by another member state of origin having produced a hit with data which they transmitted relating to persons referred to in article 10 , 13 or 14 . those member states of origin shall also mark the corresponding data sets . ### for the purposes laid down in article 1 , the member state of origin which granted international protection to an applicant for international protection whose data were previously recorded in the central system pursuant to article 12 shall mark the relevant data in conformity with the requirements for electronic communication with the central system established by eu - lisa . that mark shall be stored in the central system in accordance with article 17 for the purpose of transmission under articles 15 and 16 . the central system shall , as soon as possible and no later than 72 hours , inform all member states of origin of the marking of data by another member state of origin having produced a hit with data which they transmitted relating to persons referred to in article 10 , 13 or 14 . those member states of origin shall also mark the corresponding data sets .


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


### requests for comparison with eurodac data shall be limited to searching with fingerprint or facial image data . ### requests for comparison with eurodac data shall be limited to searching with fingerprint , facial image or alphanumeric data .


### ' law enforcement ' means the prevention , detection or investigation of terrorist offences or of other serious criminal offences ; ### ' law enforcement ' means the prevention , detection , investigation or prosecution of terrorist offences or of other serious criminal offences ;


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


### assist with the control of illegal immigration to and secondary movements within the union and with the identification of illegally staying third - country nationals for determining the appropriate measures to be taken by member states , including removal and repatriation of persons residing without authorisation . ### assist with the control of illegal immigration and secondary movements within the union and with the identification of illegally staying third - country nationals and stateless persons for determining the appropriate measures to be taken by member states , including removal , repatriation and return measures for third - country nationals and stateless persons staying illegally .


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


### ' terrorist offences ' means the offences under national law which correspond or are equivalent to those referred to in articles 1 to 4 of framework decision 2002 / 475 / jha ; ### ' terrorist offences ' means the offences referred to in articles 3 to 12 of directive 2017 / . . . of the european parliament and of the council [ on combating terrorism and replacing council framework decision 2002 / 475 / jha and amending council decision 2005 / 671 / jha ] .


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


### the verifying authority shall ensure that the conditions for requesting comparisons of fingerprints with eurodac data are fulfilled . ### the verifying authority shall ensure that the conditions for requesting comparisons of biometric or alphanumeric data with eurodac data are fulfilled .


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


### the fees shall be reduced if the ship’s design , equipment and operation are such that it can be demonstrated that the ship produces reduced quantities of waste , and manages its waste in a sustainable and environmentally sound manner . the commission shall be empowered by means of delegated acts in accordance with article 19 , to define the criteria for determining that a ship meets the requirements stated in this paragraph in relation to the ship’s on - board waste management . ### the fees may be reduced if the ship’s design , equipment and operation are such that it can be demonstrated that the ship produces reduced quantities of waste , and manages its waste in a sustainable and environmentally sound manner .


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


### in order to provide for a maximum incentive for the delivery of waste as defined in annex v to the marpol convention , including the waste that has been collected in nets during fishing operations , the indirect fee to be charged shall cover all the costs of port reception facilities for this waste , in order to ensure a right of delivery without any additional direct charges ; ### in order to provide for a maximum incentive for the delivery of waste as defined in annex v to the marpol convention , including the waste that has been collected in nets during fishing operations , the indirect fee to be charged shall cover all the costs of port reception facilities for this waste , covering quantities normally delivered in order to ensure a right of delivery without any additional direct charges ;


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


### avoidance of gmo presence in other products without prejudice to article 26a ; ### avoidance of gmo presence in other products ;


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


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


### where the notifier / applicant opposes the adjustment of the geographical scope of its notification / application corresponding to a request made by a member state in accordance with paragraph 1 of this article , that member state may adopt measures restricting or prohibiting the cultivation of that gmo in all or part of its territory once authorised in accordance with part c of this directive or with regulation no 1829 / 2003 , provided that such measures are in conformity with union law , reasoned , proportional and non - discriminatory and , in addition , are based on compelling grounds such as those related to : environmental policy objectives distinct from the elements assessed according to this directive and regulation no 1829 / 2003 ; town and country planning ; land use ; socio - economic impacts ; avoidance of gmo presence in other products without prejudice to article 26a ; agricultural policy objectives ; public policy . those grounds may be invoked individually or in combination , with the exception of the ground set out in point which cannot be used individually , depending on the particular circumstances of the member state , region or area in which those measures will apply , but shall , in no case , conflict with the environmental risk assessment carried out pursuant to this directive or to regulation no 1829 / 2003 . ### without prejudice to paragraph 1 , a member state may , following the risk assessment carried out pursuant to this directive or to regulation no 1829 / 2003 and acting as risk manager , adopt measures restricting or prohibiting the cultivation of a gmo or of groups of gmos defined by crop or trait or of all gmos in all or part of its territory once authorised in accordance with part c of this directive or with regulation no 1829 / 2003 , provided that such measures are in conformity with union law , reasoned , proportional and non - discriminatory and , in addition , are based on compelling grounds such as those related to : environmental policy objectives relating to environmental impacts which might arise from the cultivation of gmos and which are complementary to the impacts examined during the scientific risk assessment conducted according to this directive and regulation no 1829 / 2003 . those grounds may include : - the prevention of the development of pesticide resistance amongst weeds and pests ; - the invasiveness or persistence of a genetically modified variety , or the possibility of interbreeding with domestically cultivated or wild plants ; - the prevention of negative impacts on the local environment caused by changes in agricultural practices linked to the cultivation of gmos ; - the maintenance of local biodiversity , including certain habitats and ecosystems , or certain types of natural and landscape features , as well as specific ecosystem functions and services ; - the absence or lack of adequate data concerning the potential negative impacts of the release of gmos on the local or regional environment of a member state , including on biodiversity ; town and country planning ; land use ; socio - economic impacts such as the impracticability or the high costs of coexistence measures or the impossibility of implementing coexistence measures due to specific geographical conditions such as small islands or mountain zones ; agricultural policy objectives . those grounds may include : - the need to protect the diversity of agricultural production ; - the maintenance and development of agricultural practices which offer a better potential to reconcile production with ecosystem sustainability ; – the need to ensure seed purity . those grounds may be invoked individually or in combination , depending on the particular circumstances of the member state , region or area in which those measures will apply , but shall , in no case , conflict with the environmental risk assessment carried out pursuant to this directive or to regulation no 1829 / 2003 .


### no later than 4 years after… + , the commission shall present a report to the european parliament and to the council regarding the use made by member states of this directive including the effectiveness of the provisions enabling member states to restrict or prohibit the cultivation of gmos in all or part of their territory and the smooth functioning of the internal market . that report may be accompanied by any legislative proposals the commission considers appropriate . the commission shall also report on the progress towards giving normative status to the strengthened 2010 authority guidance on the environmental risk assessment of genetically modified plants . __________________ + oj : please insert the date of the entry into force of this directive . ### no later than 4 years after… + , the commission shall present a report to the european parliament and to the council regarding the use made by member states of this directive including the effectiveness of the provisions enabling member states to restrict or prohibit the cultivation of gmos in all or part of their territory and the smooth functioning of the internal market . no later than one year after . . . + , the commission shall submit to the european parliament and to the council a legislative proposal which seeks to bring annex ii to directive 2001 / 18 / ec into line with the new guidance issued by the european food safety authority on the risk assessment of gmos . __________________ + oj : please insert the date of the entry into force of this directive .


### where the notifier / applicant opposes a request of a member state in accordance with paragraph 1 , the notifier / applicant shall notify the commission and the member states within 30 days from the communication by the commission of that request . in the event of explicit or tacit agreement of the notifier / applicant , the adjustment of the geographical scope of the notification / application shall be implemented in the written consent or authorisation . ### in case a request is submitted in accordance with paragraph 1 , the adjustment of the geographical scope of the notification / application shall be implemented as a condition in the written consent or authorisation .


### a member state which intends to adopt measures pursuant to paragraph 3 of this article shall first communicate a draft of those measures and the corresponding grounds invoked to the commission . this communication may take place before the gmo authorisation procedure under part c of this directive or under regulation no 1829 / 2003 has been completed . during a period of 75 days starting from the date of such communication : ### a member state which intends to adopt measures pursuant to paragraph 3 of this article shall first communicate a draft of those measures and the corresponding grounds invoked to the commission . this communication may take place during a period of 90 days starting from the date of such communication :


### the written consent issued under this directive and , where applicable , the decision issued in accordance with article 19 as well as the decision of authorisation adopted under articles 7 and 19 of regulation no 1829 / 2003 , shall be issued on the basis of the adjusted geographical scope of the notification / application as explicitly or tacitly agreed by the notifier / applicant . ### the written consent issued under this directive and , where applicable , the decision issued in accordance with article 19 as well as the decision of authorisation adopted under articles 7 and 19 of regulation no 1829 / 2003 , shall be issued on the basis of the adjusted geographical scope of the notification / application .


### socio - economic impacts ; ### socio - economic impacts such as the impracticability or the high costs of coexistence measures or the impossibility of implementing coexistence measures due to specific geographical conditions such as in the case of small islands or mountain zones ;


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


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


### during the authorisation procedure of a given gmo , the possibility should be provided for a member state to request the commission to present to the notifier / applicant its demand to adjust the geographical scope of its notification / application submitted in accordance with part c of directive 2001 / 18 / ec or in accordance with articles 5 and 17 of regulation no 1829 / 2003 to the effect that all or part of the territory of that member state be excluded from cultivation . the commission should facilitate the procedure by presenting the request of the member state to the notifier / applicant without delay and the notifier / applicant should respond to that request within an established time - limit . ### during the authorisation procedure of a given gmo , the possibility should be provided for a member state to request the commission to adjust the geographical scope of a notification / application submitted in accordance with part c of directive 2001 / 18 / ec or in accordance with articles 5 and 17 of regulation no 1829 / 2003 to the effect that all or part of the territory of that member state be excluded from cultivation .


### member states may take appropriate measures to avoid the unintended presence of gmos in other products . ### in article 26a , paragraph 1 is replaced by the following : ‘ 1 . member states shall take appropriate measures to avoid the unintended presence of gmos in other products on their territory and in border areas of neighbouring member states . ’


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


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


### during the authorisation procedure of a given gmo or during the renewal of consent / authorisation , a member state may request , via the commission , the notifier / applicant to adjust the geographical scope of its notification / application submitted in accordance with part c of this directive or regulation no 1829 / 2003 , to the effect that all or part of the territory of that member state is to be excluded from cultivation . this request shall be communicated to the commission at the latest 30 days from the date of the circulation of the assessment report under article 14 of this directive , or from receiving the opinion of the authority under article 6 and article 18 of regulation no&#160 ; 1829 / 2003 . the commission shall communicate the request of the member state to the notifier / applicant and to the other member states without delay . ### during the authorisation procedure of a given gmo or during the renewal of consent / authorisation , a member state may request , to adjust the geographical scope of the written consent or authorisation to the effect that all or part of the territory of that member state is to be excluded from cultivation . the request shall be communicated to the commission and , if applicable , to the competent authority responsible for issuing the written consent under this directive at the latest 60 days from the date of the circulation of the assessment report under article 14 of this directive , or from receiving the opinion of the authority under article 6 and article 18 of regulation no&#160 ; 1829 / 2003 . the commission shall communicate the request of the member state to the notifier / applicant , the other member states and to the public without delay .


### during the authorisation procedure of a given gmo or during the renewal of consent / authorisation , a member state may request , via the commission , the notifier / applicant to adjust the geographical scope of its notification / application submitted in accordance with part c of this directive or regulation no 1829 / 2003 , to the effect that all or part of the territory of that member state is to be excluded from cultivation . this request shall be communicated to the commission at the latest 30 days from the date of the circulation of the assessment report under article 14 of this directive , or from receiving the opinion of the authority under article 6 and article 18 of regulation no 1829 / 2003 . the commission shall communicate the request of the member state to the notifier / applicant and to the other member states without delay . ### during the authorisation procedure of a given gmo or during the renewal of consent / authorisation , a member state may request the commission to present to the notifier / applicant its demand to adjust the geographical scope of its notification / application submitted in accordance with part c of this directive or regulation no 1829 / 2003 , to the effect that all or part of the territory of that member state is to be excluded from cultivation . that request shall be justified on compelling grounds such as those mentioned in paragraph 3 of this article . that request shall be communicated to the commission at the latest 60 days from the date of the circulation of the assessment report under article 14 of this directive , or from receiving the opinion of the authority under article 6 and article 18 of regulation no 1829 / 2003 . the commission shall communicate the request of the member state to the notifier / applicant and to the other member states without delay .


### in addition , and only where the notifier / applicant has refused to adjust the geographical scope of the notification / application of a gmo as requested by a member state , there should be the possibility for that member state to adopt reasoned measures restricting or prohibiting the cultivation of that gmo once authorised in all or part of its territory , on the basis of grounds distinct from those assessed according to the harmonized set of union rules , that is directive 2001 / 18 / ec and regulation no 1829 / 2003 , which are in conformity with union law . those grounds may be related to environmental or agricultural policy objectives , or other compelling grounds such as town and country planning , land use , socio - economic impacts , co - existence and public policy . those grounds may be invoked individually or in combination , depending on the particular circumstances of the member state , region or area in which those measures will apply . ### in addition , and only where the notifier / applicant has refused to adjust the geographical scope of the notification / application of a gmo as requested by a member state , there should be the possibility for that member state to adopt reasoned measures restricting or prohibiting the cultivation of that gmo once authorised in all or part of its territory , on the basis of grounds distinct from those assessed according to the harmonized set of union rules , that is directive 2001 / 18 / ec and regulation no 1829 / 2003 , which are in conformity with union law . those grounds may be related to environmental or agricultural policy objectives , or other compelling grounds such as town and country planning , land use , socio - economic impacts and co - existence . these grounds may be invoked individually or in combination , depending on the particular circumstances of the member state , region or area in which those measures will apply .


### a member state which intends to adopt measures pursuant to paragraph 3 of this article shall first communicate a draft of those measures and the corresponding grounds invoked to the commission . this communication may take place before the gmo authorisation procedure under part c of this directive or under regulation no 1829 / 2003 has been completed . during a period of 75 days starting from the date of such communication : the member state concerned shall refrain from adopting and implementing those measures ; and the commission may make any comments it considers appropriate . ### a member state which intends to adopt measures pursuant to paragraph 3 of this article shall first communicate a draft of those measures and the corresponding grounds invoked to the commission . this communication may take place before the gmo authorisation procedure under part c of this directive or under regulation no 1829 / 2003 has been completed . during a period of 75 days starting from the date of such communication : the member state concerned shall refrain from adopting and implementing those measures ; the notifier / applicant shall refrain from his activities of placing on the market the variety of that gmo ; operators shall refrain from the cultivation of the variety of that gmo ; and the commission may make any comments it considers appropriate .


### under that legal framework , gmos for cultivation are to undergo an individual risk assessment before being authorised to be placed on the union market in accordance with annex ii to directive 2001 / 18 / ec . the aim of that authorisation procedure is to ensure a high level of protection of human life and health , animal health and welfare , the environment and consumer interests , whilst ensuring the effective functioning of the internal market . a uniform high level of protection of health and the environment should be achieved and maintained throughout the territory of the union . ### under that legal framework , gmos for cultivation are to undergo an individual risk assessment before being authorised to be placed on the union market in accordance with annex ii to directive 2001 / 18 / ec . the aim of that authorisation procedure is to ensure a high level of protection of human life and health , animal health and welfare , the environment and consumer interests , whilst ensuring the effective functioning of the internal market . in that context , the appropriate legal basis is article 114 tfeu , reflecting this comprehensive level of protection . however , a uniform high level of protection of health , safety , environment as well as consumers should be achieved and maintained throughout the territory of the union .


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


### member states ' measures adopted pursuant to this directive should be subject to a procedure of scrutiny and information at union level . in light of the level of union scrutiny and information , it is not necessary to provide , in addition , for the application of directive 98 / 34 / ec of the european parliament and of the council1 . member states may restrict or prohibit the cultivation of a gmo in all or part of their territory as from the date of entry into force of the union authorisation and no later than two years after the date when the consent / authorisation is granted , provided that an established standstill period , during which the commission was given the opportunity to comment on the proposed measures , has elapsed . ____________________ 1 directive 98 / 34 / ec of the european parliament and of the council of 22 june 1998 laying down a procedure of information in the field of technical standards and regulations and of rules on information society services . ### member states ' measures adopted pursuant to this directive should be subject to a procedure of scrutiny and information at union level . in light of the level of union scrutiny and information , it is not necessary to provide , in addition , for the application of directive 98 / 34 / ec of the european parliament and of the council1 . member states may restrict or prohibit the cultivation of a gmo in all or part of their territory as from the date of entry into force of the union authorisation and for the whole duration of the consent / authorisation , provided that an established standstill period , during which the commission was given the opportunity to comment on the proposed measures , has elapsed . the member state concerned should therefore communicate the proposed measures to the commission at least 75 days prior to their adoption , in order to give the opportunity to the commission to comment , and should refrain from adopting and implementing those measures during that period . on the expiry of the established standstill period , the member state should be able to adopt the measures as originally proposed or amended to take into account the commission ' s comments . ____________________ 1 directive 98 / 34 / ec of the european parliament and of the council of 22 june 1998 laying down a procedure of information in the field of technical standards and regulations and of rules on information society services .


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


### in addition , and only where the notifier / applicant has refused to adjust the geographical scope of the notification / application of a gmo as requested by a member state , there should be the possibility for that member state to adopt reasoned measures restricting or prohibiting the cultivation of that gmo once authorised in all or part of its territory , on the basis of grounds distinct from those assessed according to the harmonized set of union rules , that is directive 2001 / 18 / ec and regulation no 1829 / 2003 , which are in conformity with union law . those grounds may be related to environmental or agricultural policy objectives , or other compelling grounds such as town and country planning , land use , socio - economic impacts , co - existence and public policy . those grounds may be invoked individually or in combination , depending on the particular circumstances of the member state , region or area in which those measures will apply . ### in addition , and only where the notifier / applicant has refused to adjust the geographical scope of the notification / application of a gmo as requested by a member state , there should be the possibility for that member state to adopt reasoned measures restricting or prohibiting the cultivation of that gmo once authorised in all or part of its territory , on the basis of strict scientific grounds distinct from those assessed according to the harmonized set of union rules , that is directive 2001 / 18 / ec and regulation no 1829 / 2003 , which are in conformity with union law .


### member states ' measures adopted pursuant to this directive should be subject to a procedure of scrutiny and information at union level . in light of the level of union scrutiny and information , it is not necessary to provide , in addition , for the application of directive 98 / 34 / ec of the european parliament and of the council1 . member states may restrict or prohibit the cultivation of a gmo in all or part of their territory as from the date of entry into force of the union authorisation and no later than two years after the date when the consent / authorisation is granted , provided that an established standstill period , during which the commission was given the opportunity to comment on the proposed measures , has elapsed . __________________ 1 directive 98 / 34 / ec of the european parliament and of the council of 22 june 1998 laying down a procedure of information in the field of technical standards and regulations and of rules on information society services . ### member states ' measures adopted pursuant to this directive should be subject to a procedure of scrutiny and information at union level . in light of the level of union scrutiny and information , it is not necessary to provide , in addition , for the application of directive 98 / 34 / ec of the european parliament and of the council1 . member states may restrict or prohibit the cultivation of a gmo in all or part of their territory prior to the date of entry into force of the union authorisation and for the whole duration of the consent / authorisation , provided that an established standstill period , during which the commission was given the opportunity to comment on the proposed measures , has elapsed . the member state concerned must therefore communicate to the commission the measures proposed at least 75 days before consent is given , so as to give the commission an opportunity to comment , and during this period should refrain from implementing and adopting these measures . upon expiry of the standstill period , then such member state should take measures such as originally proposed or as modified to take into account the comments of the commission . __________________ 1 directive 98 / 34 / ec of the european parliament and of the council of 22 june 1998 laying down a procedure of information in the field of technical standards and regulations and of rules on information society services .


### where the notifier / applicant opposes the adjustment of the geographical scope of its notification / application corresponding to a request made by a member state in accordance with paragraph 1 of this article , that member state may adopt measures restricting or prohibiting the cultivation of that gmo in all or part of its territory once authorised in accordance with part c of this directive or with regulation no 1829 / 2003 , provided that such measures are in conformity with union law , reasoned , proportional and non - discriminatory and , in addition , are based on compelling grounds such as those related to : ### without prejudice to paragraph 1 , a member state may , further to the risk assessment conducted under this directive or under regulation no 1829 / 2003 , acting as risk manager , adopt measures restricting or prohibiting in all or part of its territory the cultivation of a gmo or a group of gmos defined by their variety or characteristics , or of all gmos , once authorised in accordance with part c of this directive or with regulation no 1829 / 2003 , provided that such measures are in conformity with union law , reasoned , proportional and non - discriminatory and , in addition , are based on compelling grounds such as those related to :


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


### to ensure the quality and relevance of the esrb opinions , recommendations and decisions , the advisory technical committee and advisory scientific committee are expected to consult stakeholders , where appropriate , at an early stage and in an open and transparent manner . ### to ensure the quality and relevance of the esrb opinions , recommendations and decisions , the advisory technical committee and advisory scientific committee are expected to consult stakeholders , where appropriate , at an early stage and in an open , pluralistic and transparent manner . it is necessary that the results of those consultations be properly taken into account .


### the broad membership of the general board of the esrb is a major asset . recent developments in the financial supervisory architecture of the union , and in particular the set - up of a banking union , are however not reflected in the composition of that general board . for that reason , the chair of the supervisory board of the ecb and the chair of the single resolution board should become members with voting rights of the general board of the esrb . corresponding adjustments should also be made to the steering committee and to the advisory technical committee , respectively . ### the broad membership of the general board of the esrb is a major asset . recent developments in the financial supervisory architecture of the union should be taken into account also regarding the composition of that general board .


### the broad membership of the general board of the esrb is a major asset . recent developments in the financial supervisory architecture of the union , and in particular the set - up of a banking union , are however not reflected in the composition of that general board . for that reason , the chair of the supervisory board of the ecb and the chair of the single resolution board should become members with voting rights of the general board of the esrb . corresponding adjustments should also be made to the steering committee and to the advisory technical committee , respectively . ### the broad membership of the general board of the esrb is a major asset . recent developments in the financial supervisory architecture of the union , and in particular the set - up of a banking union , should also be reflected in the composition of that general board .


### the 2017 commission report on the mission and organisation of the esrb5 concludes that , while the esrb is generally well - functioning , improvements on certain specific points are necessary . _________________ 5 commission staff working document , effect analysis , amendments to esrb regulation , com . ### the 2017 commission report on the mission and organisation of the esrb5 concludes that , while the esrb is generally well - functioning , improvements on certain specific points are necessary , especially since the recent institutional changes relating to the banking union , coupled with efforts to achieve a capital markets union , have effectively altered the esrb operating framework since the time of its inception . _________________ 5 commission staff working document , effect analysis , amendments to esrb regulation , com .


### article 16 of regulation no 1092 / 2010 requires that the esrb warnings and recommendations are transmitted to the council and the commission and , where addressed to one or more national supervisory authorities , to the esas . to strengthen democratic control and transparency , those warnings and recommendations should also be transmitted to the european parliament and to the esas . ### article 16 of regulation no 1092 / 2010 requires that the esrb warnings and recommendations are transmitted to the council and the commission and , where addressed to one or more national supervisory authorities , to the esas . to strengthen democratic control and transparency , those warnings and recommendations should also be transmitted without delay to the european parliament and to the esas .


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


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


### the court fee charged for a european small claims procedure shall not exceed 10% of the value of the claim , excluding all interest , expenses and disbursements . if member states charge a minimum court fee for a european small claims procedure , that fee shall not exceed eur 35 at the time when the claim form is received by the court or tribunal with jurisdiction . ### the court fee charged for a european small claims procedure shall not exceed 5% of the value of the claim , excluding all interest , expenses and disbursements . if member states charge a minimum court fee for a european small claims procedure , that fee shall not exceed eur 35 at the time when the claim form is received by the court or tribunal with jurisdiction .


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


### it shall apply from [ 6 months after the entry into force of the regulation ] . ### it shall apply from [ 12 months after the entry into force of the regulation ] .


### the documents mentioned in article 5 and 7 shall be served by postal or by electronic means attested by an acknowledgment of receipt including the date of receipt . documents shall be served electronically only on a party who expressly accepted in advance that documents may be served electronically . service by electronic means can be attested by an automatic confirmation of delivery . ### the documents mentioned in article 5 and 7 shall be served by postal or by electronic means attested by an acknowledgment of receipt including the date of receipt . documents shall be served electronically only on a party who expressly accepted in advance that documents may be served electronically . service by electronic means can also be attested by an automatic confirmation of delivery .


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


### a party shall always be entitled to appear before the court or tribunal and be heard in person if that party so requests . ### where the party to be heard is domiciled or habitually resident in a member state other than the member state of the court or tribunal with jurisdiction , that party shall attend an oral hearing held by any distance communication method in accordance with council regulation no 1206 / 2001 .


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


### the supplier shall bring the digital content in conformity with the contract pursuant to paragraph 1 within a reasonable time from the time the supplier has been informed by the consumer about the lack of conformity with the contract and without any significant inconvenience to the consumer , taking account of the nature of digital content and the purpose for which the consumer required this digital content . ### the supplier shall bring the digital content in conformity with the contract pursuant to paragraph 1 within a reasonable time from the time the supplier has been informed by the consumer about the lack of conformity with the contract and without any significant inconvenience to the consumer , taking account of the nature of digital content and the purpose for which the consumer required this digital content . the consumer shall be entitled to withhold the payment of any outstanding part of the price or , where the lack of conformity is minor , an appropriate proportion thereof , until the supplier has brought the digital content or digital service into conformity with the contract .


### consumers will benefit from fully harmonised rights for digital content at a high level of protection . they will have clear rights when they receive or access digital content from anywhere in the eu . this will increase their confidence in buying digital content . this will also contribute to reducing the detriment consumers currently suffer , since there will be a set of clear rights that will enable them to address problems they face with digital content . ### consumers will benefit from fully harmonised rights for digital content and digital services at a high level of protection . they will have clear rights when they receive or access digital content or digital services from anywhere in the eu . this will increase their confidence in buying digital content and digital services . this will also contribute to reducing the detriment consumers currently suffer , since there will be a set of clear rights that will enable them to address problems they face with digital content and digital services .


### the supplier shall take all measures which could be expected in order to refrain from the use of the counter - performance other than money which the consumer has provided in exchange for the digital content and any other data collected by the supplier in relation to the supply of the digital content including any content provided by the consumer with the exception of the content which has been generated jointly by the consumer and others who continue to make use of the content ; ### the supplier shall refrain from the use of personal data or any other data which the consumer has made available instead of a payment in money in exchange for the digital content and any other data collected by the supplier in relation to the supply of the digital content including any content provided by the consumer with the exception of the content which has been produced jointly by the consumer and others who continue to make use of the content . the supplier shall refrain from processing personal data for the mere purpose of allowing non - personal data and content to be linked to the consumer in order to be able to allow the consumer to retrieve it under point . the supplier shall comply with the obligations applicable under regulation 2016 / 679 ;


### in the case of non - conformity with the contract , consumers should as a first step be entitled to have the digital content brought to conformity with the contract . depending on technical characteristics of the digital content , the supplier may select a specific way of bringing the digital content to conformity with the contract , for example by issuing updates or requiring the consumer to access a new copy of the digital content . given the diversity of digital content , it is not appropriate to set fixed deadlines for the exercise of rights or the fulfilling of obligations related to that digital content . such deadlines may not capture this diversity and be either too short or too long , depending on the case . it is therefore more appropriate to refer to reasonable deadlines . the digital content should be brought into conformity with the contract within a reasonable time and free of any costs ; in particular the consumer should not incur any costs associated with the development of an update for the digital content . ### in the case of non - conformity with the contract , consumers should as a first step be entitled to have the digital content or digital service brought to conformity with the contract . depending on technical characteristics of the digital content or digital service , the supplier may select a specific way of bringing the digital content or digital service to conformity with the contract , for example by issuing updates or requiring the consumer to access a new copy of the digital content . given the diversity of digital content or digital services , it is not appropriate to set fixed deadlines for the exercise of rights or the fulfilling of obligations related to that digital content or digital service . such deadlines may not capture this diversity and be either too short or too long , depending on the case . it is therefore more appropriate to refer to reasonable deadlines . the digital content or digital service should be brought into conformity with the contract within a reasonable time and free of any costs . the consumer should not incur any costs associated with the development of an update for the digital content or digital service .