### an alert on a child referred to in paragraph 2 shall be entered at the request of the competent judicial authority of the member state that has jurisdiction in matters of parental responsibility in accordance with council regulation no 2201 / 200374 where a concrete and apparent risk exists that the child may be unlawfully and imminently removed from the member state where that competent judicial authority is situated . in member states which are party to the hague convention of 19 october 1996 on jurisdiction , applicable law , recognition , enforcement and cooperation in respect of parental responsibility and measures for the protection of children and where council regulation no 2201 / 2003 does not apply , the provisions of the hague convention are applicable . _________________ 74 council regulation no 2201 / 2003 of 27 november 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility , repealing regulation no 1347 / 2000 . ### an alert on a child referred to in paragraph 2 shall be requested and ruled by a competent authority of the member state in accordance with council regulation no 2201 / 200374 . in member states which are party to the hague convention of 19 october 1996 on jurisdiction , applicable law , recognition , enforcement and cooperation in respect of parental responsibility and measures for the protection of children and where council regulation no 2201 / 2003 does not apply , the provisions of the hague convention are applicable . _________________ 74 council regulation no 2201 / 2003 of 27 november 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility , repealing regulation no 1347 / 2000 .


### an alert on a child referred to in paragraph 2 shall be entered at the request of the competent judicial authority of the member state that has jurisdiction in matters of parental responsibility in accordance with council regulation no 2201 / 200374 where a concrete and apparent risk exists that the child may be unlawfully and imminently removed from the member state where that competent judicial authority is situated . in member states which are party to the hague convention of 19 october 1996 on jurisdiction , applicable law , recognition , enforcement and cooperation in respect of parental responsibility and measures for the protection of children and where council regulation no 2201 / 2003 does not apply , the provisions of the hague convention are applicable . _________________ 74 council regulation no 2201 / 2003 of 27 november 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility , repealing regulation no 1347 / 2000 . ### an alert on a child referred to in paragraph 2 shall be requested and ruled on by a competent authority of the member state in accordance with council regulation no 2201 / 200374 . in member states which are party to the hague convention of 19 october 1996 on jurisdiction , applicable law , recognition , enforcement and cooperation in respect of parental responsibility and measures for the protection of children and where council regulation no 2201 / 2003 does not apply , the provisions of the hague convention are applicable . _________________ 74 council regulation no 2201 / 2003 of 27 november 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility , repealing regulation no 1347 / 2000 .


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


### without prejudice to articles 5 and 17 , transition engines and , where applicable , the machinery in which those transition engines are installed may continue to be placed on the market during the transition period on condition that the machine in which the transition engine is installed has a production date prior to 1 year after the start of the transition period . ### without prejudice to articles 5 and 17 , transition engines and , where applicable , the machinery in which those transition engines are installed may continue to be placed on the market during the transition period on condition that the machine in which the transition engine is installed has a production date prior to 18 months after the start of the transition period without prejudice to directive 2008 / 57 / ec of the european parliament and of the council1a and to commission regulation no 1302 / 20141b . ______________ 1a directive 2008 / 57 / ec of the european parliament and of the council of 17 june 2008 on the interoperability of the rail system within the community . 1b commission regulation no 1302 / 2014 of 18 november 2014 concerning a technical specification for interoperability relating to the ‘ rolling stock — locomotives and passenger rolling stock’ subsystem of the rail system in the european union .


### a limited number of exemptions should be granted to address the specific needs related to armed forces , logistic supply constraints , field testing of prototypes and the use of machinery in explosive atmospheres . ### a limited number of exemptions should be granted to address the specific needs related to armed forces , logistic supply constraints , field testing of prototypes , certain replacement engines , engines for certain types of projects in the railway sector and the use of machinery in explosive atmospheres .


### without prejudice to the provisions in chapters ii and iii , this regulation shall not invalidate , before the dates for placing on the market of engines referred to in annex iii , any eu type - approval . ### without prejudice to the provisions in chapters ii and iii , this regulation shall not invalidate , before the dates for placing on the market of engines referred to in annex iii , any eu type - approval or exemption .


### for engines of the category nre , member states shall authorise an extension of the transition period and the 12 - months period referred to in the first sub - paragraph by an additional 12 months for oem ' s with a total yearly production of fewer than 50 units of non - road mobile machinery equipped with combustion engines . for the purposes of the calculation of the total yearly production referred to in this paragraph , all oem ' s under the control of the same natural or legal person shall be considered to be a single oem . ### for engines of the category nre , member states shall authorise an extension of the transition period and the 18 - months period referred to in the first sub - paragraph by an additional 12 months for oem ' s with a total yearly production of fewer than 100 units of non - road mobile machinery equipped with combustion engines . for the purposes of the calculation of the total yearly production referred to in this paragraph , all oem ' s under the control of the same natural or legal person shall be considered to be a single oem .


### ‘ category iwa’ , comprising engines exclusively for use in inland waterway vessels , for auxiliary purposes or intended for auxiliary purposes , having a net power that is greater than 560 kw . ### ' category iwa ' , comprising engines exclusively for use in inland waterway vessels , for auxiliary purposes or intended for auxiliary purposes .


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


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


### engines with a reference power greater than 560 kw used in place of engines of category iwa subject to complying with the requirements of article 23 ; ### engines used in place of engines of category iwa subject to complying with the requirements of article 23 ;


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


### ‘ transition period’ means the first eighteen months following the date of mandatory implementation of stage v , as referred to in article 17 ; ### ‘ transition period’ means the first twenty - four months following the date of mandatory implementation of stage v , as referred to in article 17 ;


### engines which are in compliance with and covered by the scope of the new rules on emission limits and eu type - approval procedures should be permitted to be placed on the market in the member states ; those engines should not be subject to any other national emission requirement . member state granting approvals should take the necessary verification measures in order to ensure the identification of engines produced under each eu type - approval . ### engines which are in compliance with and covered by the scope of the new rules on emission limits and eu type - approval procedures should be permitted to be placed on the market in the member states ; those engines should not be subject to any other national emission requirement governing their placing on the market . member state granting approvals should take verification and control measures , where circumstances so require , for the import and supply of engines on the union market , so as to ensure that they conform to eu type - approval requirements in each case . this should be without prejudice to the right of member states to encourage or restrict the use of engines placed on the market , provided that the methods chosen are not discriminatory and are objectively justified .


### the gaseous pollutant and particulate emissions of engine types or engine families in service shall be monitored by testing engines installed in non - road mobile machinery operated over their normal operating duty cycles . such testing shall be conducted on engines that have been correctly maintained and shall comply with the provisions on the selection of engines , testing procedures and reporting of results for the different engine categories . ### for engine types or engine families type - approved in accordance with this regulation , the gaseous pollutant emissions and , where appropriate , particulate emissions shall be monitored by in - service testing of engines installed in non - road mobile machinery operated over their normal operating duty cycles . such testing shall be conducted , under the responsibility of the manufacturer , on engines that have been correctly maintained and shall comply with the provisions on the selection of engines , testing procedures and reporting of results for the different engine categories .


### engines with a reference power of less than 560 kw used in place of engines of categories iwp , rll or rlr ; ### engines with a reference power of less than 560 kw used in place of engines of categories iwa , iwp , rll or rlr ;


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


### “transition period” means the first eighteen months following the date of mandatory implementation of stage v , as referred to in article 17 ; ### “transition period” means the first twenty - four months following the date of mandatory implementation of stage v , as referred to in article 17 ;


### ‘ category iwa ' , comprising engines exclusively for use in inland waterway vessels , for auxiliary purposes or intended for auxiliary purposes , having a net power that is greater than 560 kw . ### ' category iwa ' , comprising engines exclusively for use in inland waterway vessels , for auxiliary purposes or intended for auxiliary purposes .


### in case of an engine of category iwp having a reference power greater than 560 kw that is intended for use in place of an engine of category iwa in accordance with the second subparagraph of article 4 , the requirements of paragraph 5 shall be met separately for each applicable steady - state test cycle set out in both tables iv - 5 and iv - 6 of annex iv , and the type - approval information document shall indicate each steady - state test cycle for which this requirement was fulfilled . ### in case of an engine of category iwp that is intended for use in place of an engine of category iwa in accordance with the second subparagraph of article 4 , the requirements of paragraph 5 shall be met separately for each applicable steady - state test cycle set out in both tables iv - 5 and iv - 6 of annex iv , and the type - approval information document shall indicate each steady - state test cycle for which this requirement was fulfilled .


### without prejudice to articles 5 and 17 , transition engines and , where applicable , the machinery in which those transition engines are installed may continue to be placed on the market during the transition period on condition that the machine in which the transition engine is installed has a production date prior to 1 year after the start of the transition period . ### without prejudice to articles 5 and 17 , transition engines and , where applicable , the machinery in which those transition engines are installed may continue to be placed on the market during the transition period on condition that the machine in which the transition engine is installed has a production date prior to 18 months after the start of the transition period without prejudice to directive 2008 / 57 / ec of the european parliament and of the council1a and to commission regulation no 1302 / 20141b . ______________ 1a directive 2008 / 57 / ec of the european parliament and of the council of 17 june 2008 on the interoperability of the rail system within the community . 1b commission regulation no 1302 / 2014 of 18 november 2014 concerning a technical specification for interoperability relating to the ‘ rolling stock — locomotives and passenger rolling stock’ subsystem of the rail system in the european union .


### for eu type - approved engines , market surveillance authorities shall perform , on an adequate scale and on the basis of adequate samples , documentary checks and , where appropriate , physical and laboratory checks of engines . when doing so , they shall take account of established principles of risk assessment , of any complaints and of other relevant information . ### for eu type - approved engines , market surveillance authorities shall perform , on an adequate scale and on the basis of a significant percentage of samples documentary checks and , where appropriate , physical and laboratory checks of engines . when doing so , they shall take account of established principles of risk assessment , of any complaints and of other relevant information .


### approval authorities may continue to grant type - approvals in accordance with the relevant legislation applicable on the date of entry into force of this regulation until the mandatory dates for the eu type - approval of engines referred to in annex iii . ### approval authorities may continue to grant type - approvals and exemptions in accordance with the relevant legislation applicable on the date of entry into force of this regulation until the mandatory dates for the eu type - approval of engines referred to in annex iii .


### for engines of the category nre , member states shall authorise an extension of the transition period and the 12 - months period referred to in the first sub - paragraph by an additional 12 months for oem ' s with a total yearly production of fewer than 50 units of non - road mobile machinery equipped with combustion engines . for the purposes of the calculation of the total yearly production referred to in this paragraph , all oem ' s under the control of the same natural or legal person shall be considered to be a single oem . ### for engines of the category nre , member states shall authorise an extension of the transition period and the 12 - months period referred to in the first sub - paragraph by an additional 12 months for oem ' s with a total yearly production of fewer than 100 units of non - road mobile machinery equipped with internal combustion engines . for the purposes of the calculation of the total yearly production referred to in this paragraph , all oem ' s under the control of the same natural or legal person shall be considered to be a single oem .


### in determining whether a foreign direct investment is likely to affect security or public order , member states and the commission may take into account whether the foreign investor is controlled by the government of a third country , including through significant funding . ### in determining whether a foreign direct investment is likely to affect security or public order , member states and the commission shall in any case take utmost account of whether the foreign investor is controlled by the government of a third country , including through significant funding .


### - critical technologies , including artificial intelligence , robotics , semiconductors , technologies with potential dual use applications , cybersecurity , space or nuclear technology ; ### - critical technologies , including artificial intelligence , robotics , semiconductors , technologies with potential dual use applications , cybersecurity or space , nuclear or aviation technology ;


### where a member state considers that a foreign direct investment planned or completed in another member state is likely to affect its security or public order , it may provide comments to the member state where the foreign direct investment is planned or has been completed . the comments shall be forwarded to the commission in parallel . ### where a member state considers that a foreign direct investment planned or completed in another member state is likely to affect its security or public order , it shall provide comments to the member state where the foreign direct investment is planned or has been completed . the comments shall be forwarded to the commission in parallel .


### in determining whether a foreign direct investment is likely to affect security or public order , member states and the commission may take into account whether the foreign investor is controlled by the government of a third country , including through significant funding . ### in determining whether a foreign direct investment is likely to affect security or public order , member states and the commission shall take into account whether the foreign investor is directly or indirectly controlled by the government of a third country , including through significant funding .


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


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


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


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


### the commission shall evaluate and present to the european parliament and the council a report on the application of this regulation no later than 3 years after its entry into force . member states shall be involved in this exercise and shall provide the commission with necessary information for the preparation of that report . ### the commission shall evaluate and present to the european parliament and the council a report on the application of this regulation no later than&#160 ; two years after its entry into force . member states shall be involved in this exercise and shall provide the commission with necessary information for the preparation of that report .


### - critical infrastructure , including energy , transport , communications , data storage , space or financial infrastructure , as well as sensitive facilities ; ### - critical infrastructure , including energy , transport , communications , media , data storage , space or financial infrastructure , as well as sensitive facilities ;


### in screening a foreign direct investment on the grounds of security or public order , member states and the commission may consider the potential effects on , inter alia : ### in screening a foreign direct investment on the grounds of security or public order , member states and the commission shall consider the potential effects on , inter alia :


### foreign direct investment contributes to the union ' s growth , by enhancing its competitiveness , creating jobs and economies of scale , bringing in capital , technologies , innovation , expertise , and by opening new markets for the union ' s exports . it supports the objectives of the commission ' s investment plan for europe and contributes to other union projects and programmes . ### foreign direct investment contributes to the union ' s growth , by enhancing its competitiveness , creating jobs and economies of scale , bringing in capital , technologies , innovation , expertise , and by opening new markets for the union ' s exports . it supports the objectives of the commission ' s investment plan for europe and contributes to other union projects and programmes . in implementing the regulation , member states should endeavour not to limit foreign direct investment in non - strategic sectors unnecessarily .


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


### bearer - negotiable instruments , commodities used as highly liquid stores of value and prepaid cards which are considered cash in accordance with points , and of article 2 ### bearer - negotiable instruments , commodities used as highly liquid stores of value and anonymous prepaid cards which are considered cash in accordance with points , and of article 2


### the commission shall be empowered to adopt delegated acts in accordance with article 14 in order to amend annex i to take account of new trends in money laundering or terrorist financing , as defined in paragraphs 3 , 4 and 5 of article 1 of directive 2015 / 849 , or best practices in preventing money laundering or terrorist financing or to prevent the use by criminals of bearer - negotiable instruments , commodities used as highly liquid stores of value or prepaid cards to circumvent the obligations laid down in articles 3 and 4 . ### the commission shall be empowered to adopt delegated acts in accordance with article 14 in order to amend annex i to take account of new trends in money laundering or terrorist financing , as defined in paragraphs 3 , 4 and 5 of article 1 of directive 2015 / 849 , or best practices in preventing money laundering or terrorist financing or to prevent the use by criminals of bearer - negotiable instruments , commodities used as highly liquid stores of value or anonymous prepaid cards to circumvent the obligations laid down in articles 3 and 4 .


### the following prepaid cards shall be considered cash in accordance with article 2 : ### the following anonymous prepaid cards shall be considered cash in accordance with article 2 :


### prepaid cards are non - nominal cards storing monetary value or funds which can be used for payment transactions , for acquiring goods or services or for redemption of currency and which are not linked to a bank account . they are widely used for a variety of legitimate purposes and some of these instruments also present a clear social interest . as such prepaid cards are easily transferrable and can be used to transfer considerable value across external borders . it is therefore necessary to include prepaid cards in the definition of cash . this will allow for the possibility to extend the measures to certain types of prepaid cards if the evidence justifies it and with due regard to proportionality and practical enforceability . ### anonymous prepaid cards are anonymous cards storing monetary value or funds which can be used for payment transactions , for acquiring goods or services or for redemption of currency and which are not linked to a bank account . they are widely used for a variety of legitimate purposes and some of these instruments also present a clear social interest . as such anonymous prepaid cards are easily transferrable and can be used to transfer considerable value across external borders . it is therefore necessary to include anonymous prepaid cards in the definition of cash . this will allow for the possibility to extend the measures to anonymous prepaid cards if the evidence justifies it and with due regard to proportionality and practical enforceability .


### it is essential that competent authorities that collect information pursuant to this regulation transmit it in a timely manner to the national financial intelligence unit , in order to enable it to further analyse and compare them with other data as foreseen in directive 2015 / 849 [ ### it is essential that competent authorities that collect information pursuant to this regulation transmit it promptly to the national financial intelligence unit , in order to enable it to further analyse and compare them with other data as provided for in directive 2015 / 849 .


### - prepaid cards referred to in annex i ; ### - anonymous prepaid cards referred to in annex i ;


### for the prevention of money laundering and the financing of terrorism , an obligation to declare should be imposed on natural persons entering or leaving the union . in order not to restrict free movement unduly or overburden citizens and authorities with administrative formalities , the obligation should be subject to a threshold of eur 10 000 or its equivalent in commodities used as a highly liquid store of value , bearer - negotiable instruments , pre - paid cards ' worth or other currencies . it should apply to natural persons carrying such amounts on their person , in their luggage or in the conveyance in which they cross the external border . they should be required to make the cash available to the competent authorities for control . ### for the prevention of money laundering and the financing of terrorism , an obligation to declare should be imposed on natural persons entering or leaving the union . in order not to restrict free movement unduly or overburden citizens and authorities with administrative formalities , the obligation should be subject to a threshold of eur 10 000 or its equivalent in commodities used as a highly liquid store of value , bearer - negotiable instruments , worth or other currencies . it should apply to natural persons carrying such amounts on their person , in their luggage or in the conveyance in which they cross the external border . they should be required to make the cash available to the competent authorities for control .


### one of the key concepts used by this regulation is that of ‘ cash’ , which should be defined as comprising four categories : currency , bearer - negotiable instruments , commodities used as highly liquid stores of value and certain types of prepaid cards . given their characteristics , certain bearer - negotiable instruments , commodities used as highly liquid stores of value , as well as prepaid cards which are not linked to a bank account are likely to be used in place of currency as anonymous means of transfer of value across the external borders which are not traceable using the classic system of supervision by the public authorities . this regulation should lay down the essential components of the definition of ' cash ' while at the same time enabling the commission to amend the non - essential components in response to the efforts by criminals and their associates to circumvent a measure which controls only one type of highly liquid store of value by bringing across external borders another type . if evidence of such behaviour on an appreciable scale is detected , it is essential that measures be taken swiftly to remedy the situation . ### one of the key concepts used by this regulation is that of ‘ cash’ , which should be defined as comprising four categories : currency , bearer - negotiable instruments , commodities used as highly liquid stores of value and anonymous prepaid cards . given their characteristics , certain bearer - negotiable instruments , commodities used as highly liquid stores of value , as well as anonymous prepaid cards which are not linked to a bank account are likely to be used in place of currency as anonymous means of transfer of value across the external borders which are not traceable using the classic system of supervision by the public authorities . this regulation should lay down the essential components of the definition of ' cash ' while at the same time enabling the commission to amend the non - essential components in response to the efforts by criminals and their associates to circumvent a measure which controls only one type of highly liquid store of value by bringing across external borders another type . if evidence of such behaviour on an appreciable scale is detected , it is essential that measures be taken swiftly to remedy the situation .


### for each requirement in paragraph 2 , a benchmark statement shall contain an explanation of how environmental , social and governance factors are reflected for each benchmark or family of benchmarks provided and published which pursue or take into account esg objectives . ### for each requirement in paragraph 2 , a benchmark statement shall contain an explanation of how environmental , social and governance factors are reflected for each benchmark or family of benchmarks provided and published .


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


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


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


### the delegation of power referred to in articles 15 and , articles 19 , 21 and 23 and shall be conferred on the commission for an indeterminate period of time from . ### the power to adopt delegated acts referred to in article 15 and , article 19 , article 21 and article 23 and shall be conferred on the commission for a period of five years from . . . [ date of entry into force of this directive ] . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five - year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period .


### without prejudice to the limitation referred to in paragraph 4 , union certificates of qualification for boatmasters shall be valid up to a maximum of 10 years . ### without prejudice to the limitation referred to in paragraph 4 , union certificates of qualification for boatmasters shall be valid up to a maximum of 15 years .


### any member state may carry out assessments of applicants’ competence for specific risks for stretches located in another member state based on the requirements established in accordance with paragraph 1 . upon request and in case of examination by means of multiple choice exams or simulators , member states referred to in paragraph 1 shall provide other member states with the available tools allowing them to carry out that assessment . ### any member state may carry out assessments of applicants’ competence for specific risks for stretches located in another member state based on the requirements established in accordance with paragraph 1 and with the explicit consent of the other member state concerned . upon request and in case of examination by means of multiple choice exams or simulators , member states referred to in paragraph 1 shall provide the member state carrying out the assessment with the available tools to enable it to carry out that assessment .


### the presence of a specific local traffic regulation not part of the european code for navigation on inland waterways justified by specific hydro - morphological features . ### the presence of a specific local traffic regulation not based upon the european code for navigation on inland waterways justified by specific hydro - morphological features .


### when there are indications that the requirements for certificates of qualifications or specific authorisations are no longer met , the member states shall undertake all necessary assessments and , where appropriate , withdraw those certificates . ### when there are indications that the requirements for certificates of qualifications or specific authorisations are no longer met , the member states shall undertake all necessary assessments and , where appropriate , withdraw those certificates . the validity of a union certificate of qualification may be temporarily suspended by any member state where that member state considers such suspension necessary for reasons of safety or public order . member states shall record without undue delay suspensions and withdrawals in the database referred to in article 23 .


### member states shall bring into force the laws , regulations and administrative provisions necessary to comply with this directive by [ 3 years after the entry into force ] at the latest . they shall forthwith communicate to the commission the text of those provisions . ### member states shall bring into force the laws , regulations and administrative provisions necessary to comply with this directive by [ 4 years after the entry into force ] at the latest . they shall forthwith communicate to the commission the text of those provisions .


### to further facilitate mobility for boatmasters , all member states should be allowed , where practicable , to assess the necessary competence for addressing specific risks for navigation for all inland waterway stretches in the union where such risks are identified . ### to further facilitate mobility for boatmasters , all member states should , subject to the agreement of the member state where the stretch is located , be allowed to assess the competences necessary for navigating on a stretch with specific risks .


### ‘ large convoy’ means a pushed convoy composed of the pusher and seven or more barges ; ### ‘ large convoy’ means a pushed convoy for which the product of the total length and the total width is 6000 square metres or more ;


### ‘ large convoy’ means a pushed convoy composed of the pusher and seven or more barges ; ### ‘ large convoy’ means a pushed convoy for which the product of the total length and the total width is 4000 square meters or more ;


### any member state may carry out assessments of applicants’ competence for specific risks for stretches located in another member state based on the requirements established in accordance with paragraph 1 . upon request and in case of examination by means of multiple choice exams or simulators , member states referred to in paragraph 1 shall provide other member states with the available tools allowing them to carry out that assessment . ### a member state may carry out assessments of applicants’ competence for specific risks for stretches located in another member state based on the requirements established in accordance with paragraph 1 . upon request and in case of examination by means of multiple choice exams or simulators , member states referred to in paragraph 1 shall provide the member state carrying out the assessment with the available tools to enable it to carry out that assessment .


### the commission shall evaluate this directive together with the implementing and delegated acts referred to in articles 8 , 10 , 20 and 29 and submit the results of the evaluation to the european parliament and the council no later than seven years after the date referred to in article 33 . ### the commission shall evaluate this directive together with the implementing and delegated acts referred to in articles 8 , 10 , 16 , 20 and 29 and submit the results of the evaluation to the european parliament and the council no later than eight years after the date referred to in article 35 .


### the ees shall include a mechanism that shall automatically identify which entry / exit records do not have exit data immediately following the date of expiry of the authorised length of stay and identify records for which the maximum stay allowance has been exceeded . ### the ees shall include a mechanism that shall automatically identify which entry / exit records do not have exit data immediately following the date of expiry of the authorised length of stay and identify records for which the maximum authorised stay allowance has been exceeded .


### in that case article 12 of regulation 2016 / 399 shall apply and if that presumption is rebutted by proof that the third country national concerned has respected the conditions relating to the condition of short stay , the competent authorities shall create an individual file for that third country national in the ees if necessary , or update the latest entry / exit record by entering the missing data in accordance with articles 14 and 15 or delete an existing file where article 32 applies . ### in that case article 12 of regulation 2016 / 399 shall apply and if that presumption is rebutted in accordance with article 12 of that regulation , the competent authorities shall create an individual file for that third country national in the ees if necessary , or update the latest entry / exit record by entering the missing data in accordance with articles 14 and 15 or delete an existing file where article 32 applies .


### this regulation establishing the ees replaces the obligation to stamp passports of third country nationals which is applicable by all acceding member states . stays in member states which are not yet fully applying the schengen acquis in accordance with their respective acts of accession should not be taken into account in the calculation of the duration of the authorised stay in the schengen area . such member states should register in the ees the stay of third country nationals but the automated calculator in the system should not compute it as part of the authorised length of stay . ### this regulation establishing the ees replaces the obligation to stamp passports of third country nationals which is applicable by all acceding member states .


### the terms defined in article 2 of framework decision 2008 / 977 / jha shall have the same meaning in this regulation in so far as personal data are processed by the authorities of the member states for law enforcement purposes . ### the terms defined in article 3 of directive 2016 / 680 shall have the same meaning in this regulation in so far as personal data are processed by the authorities of the member states for law enforcement purposes laid down in points to of article 5 of this regulation .


### the personal data stored in the ees should be kept for no longer than is necessary for the purposes of the ees . it is appropriate to keep the data related to third country nationals for a period of five years for border management purposes in order to avoid the need for third country nationals to re - enrol in the ees before that period has lapsed . for third country nationals who are family members of a union citizen to whom directive 2004 / 38 / ec10 applies or of a national of a third country enjoying the right of free movement under union law and who do not hold a residence card referred to under directive 2004 / 38 / ec , it is appropriate to store each coupled entry / exit reccord for a maximum period of one year after the last exit . ___________ 10directive 2004 / 38 / ec of the european parliament and of the council of 29 april 2004 on the right of citizens of the union and their family members to move and reside freely within the territory of the member states amending regulation no 1612 / 68 and repealing directives 64 / 221 / eec , 68 / 360 / eec , 72 / 194 / eec , 73 / 148 / eec , 75 / 34 / eec , 75 / 35 / eec , 90 / 364 / eec , 90 / 365 / eec and 93 / 96 / eec . ### the personal data stored in the ees should be kept for no longer than is necessary for the purposes of the ees . it is appropriate to keep the data related to third country nationals for a period of five years for border management purposes . a five year data retention period is necessary in order to allow the border guard to verify the fulfilment of the entry conditions for third - country nationals and to perform the necessary risk analysis , in accordance with regulation 2016 / 399 of the european parliament and of the council1a , before authorising a traveller to enter the schengen area . the processing of visa applications in consular posts also requires an analysis of the travel history of the applicant in order to assess the use of previous visas and the respect of the conditions of stay . the abandoning of passport stamping will be compensated by a consultation of the ees . the travel history available in the ees should therefore cover a period of time which is sufficient for the purpose of visa issuance . the five year data retention period should reduce the frequency of re - enrolment and should be beneficial for all travellers as the average border crossing time will decrease as will the waiting time at border crossing points . even for a traveller who has entered the schengen area only once , the fact that other travellers have already been registered in the ees and will thus not have to re - enrol will reduce the waiting time at border . this data retention period is also necessary in order to allow for the facilitation for the border crossing by using process accelerators and self - service systems . such a facilitation is dependent on the data registered in the ees . a shorter data retention period would have a negative impact on the duration of border controls . a shorter data retention period would also reduce the number of travellers that can benefit from such a facilitation and thereby undermine the stated objective of ees to facilitate border crossing . for third country nationals who are family members of a union citizen to whom directive 2004 / 38 / ec10 applies or of a national of a third country enjoying the right of free movement under union law and who do not hold a residence card referred to under directive 2004 / 38 / ec , it is appropriate to store each coupled entry / exit record for a maximum period of one year after the last exit . ___________ 1a regulation 2016 / 399 of the european parliament and of the council of 9 march 2016 on a union code on the rules governing the movement of persons across borders . 10directive 2004 / 38 / ec of the european parliament and of the council of 29 april 2004 on the right of citizens of the union and their family members to move and reside freely within the territory of the member states amending regulation no 1612 / 68 and repealing directives 64 / 221 / eec , 68 / 360 / eec , 72 / 194 / eec , 73 / 148 / eec , 75 / 34 / eec , 75 / 35 / eec , 90 / 364 / eec , 90 / 365 / eec and 93 / 96 / eec .


### in the fight against terrorist offences and other serious criminal offences , it is imperative that law enforcement authorities have the most up - to - date information if they are to perform their tasks . access to vis data for law enforcement purpose has already proven its usefulness in identifying people who died violently or for helping investigators to make substantial progress in cases related to human being trafficking , terrorism or drug trafficking . access to the information contained in the ees is necessary to prevent , detect and investigate terrorist offences as referred to in council framework decision 2002 / 475 / jha6 or other serious criminal offences as referred to in council framework decision 2002 / 584 / jha7 . the data generated by the ees may be used as an identity verification tool both in cases where the third country national has destroyed his / her documents and where law enforcement authorities are investigating a crime through the use of fingerprints or facial image and wish to establish an identity . it may also be used as a criminal intelligence tool to construct evidence by tracking the travel routes of a person suspected of having committed a crime or a victim of crime . therefore , the data in the ees should be available , to the designated authorities of the member states and the european police office , subject to the conditions set out in this regulation . ___________ 6council framework decision 2002 / 475 / jha of 13 june 2002 on combatting terrorism . 7council framework decision 2002 / 584 / jha of 13 june 2002 on the european arrest warrant and the surrender procedures between member state . ### in the fight against terrorist offences and other serious criminal offences , it is necessary that designated law enforcement authorities have the most up - to - date information if they are to perform their tasks . access to vis data for law enforcement purpose has already proven its usefulness in identifying people who died violently or for helping investigators to make substantial progress in cases related to human being trafficking , terrorism or drug trafficking . access to the information contained in the ees is necessary to prevent , detect and investigate terrorist offences as referred to in council framework decision 2002 / 475 / jha6 or other serious criminal offences as referred to in council framework decision 2002 / 584 / jha7 . the data generated by the ees may be used as an identity verification tool both in cases where the third country national has destroyed his / her documents and where law enforcement authorities are investigating a crime through the use of fingerprints or facial image and wish to establish an identity . it may also be used as a criminal intelligence tool to construct evidence by tracking the travel routes of a person suspected of having committed a crime or a victim of crime . therefore , the data in the ees should be available , to the designated authorities of the member states and the european police office , subject to the conditions set out in this regulation . ___________ 6council framework decision 2002 / 475 / jha of 13 june 2002 on combatting terrorism . 7council framework decision 2002 / 584 / jha of 13 june 2002 on the european arrest warrant and the surrender procedures between member state .


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


### each individual file together with the linked entry / exit record or refusal of entry records shall be stored in the ees for five years and one day following the date of the last exit record if there is no entry record within five years from that last exit record or refusal of entry record . ### each individual file together with the linked entry / exit record or refusal of entry records shall be stored in the ees for ten years and one day following the date of the last exit record if there is no entry record within ten years from that last exit record or refusal of entry record .


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


### in order to enable third country nationals to verify at any moment the remaining authorised length of stay , a secure internet access to a web service hosted by eu - lisa in its two technical sites shall allow those third country nationals to provide the data required pursuant to article 14 together with the anticipated entry and exit dates . on that basis , the web service shall provide them with an ok / not ok answer . the web service shall use a separate read - only database updated on a daily basis via a one - way extraction of the minimum necessary subset of ees data . ### in order to enable third country nationals to verify at any moment the remaining authorised length of stay , a secure internet access to a web service hosted by eu - lisa in its two technical sites shall allow those third country nationals to provide the data required pursuant to article 14 together with the anticipated entry and exit dates . on that basis , the web service shall provide them with the number of days left accompanied by an ok / not ok answer . the web service shall use a separate read - only database updated on a daily basis via a one - way extraction of the minimum necessary subset of ees data .


### the facial image , where possible extracted electronically from the emrtd , and where this is not possible , taken live ; ### the facial image with sufficient image resolution and quality to be used in automated biometric matching , where possible extracted electronically from the emrtd , and where this is not possible , taken live ;


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


### ‘ touring visa’ means an authorisation issued by a member state with a view to an intended stay in the territory of two or more member states for a duration of more than 90 days in any 180 day period , provided that the applicant does not intend to stay for more than 90 days in any 180 day period in the territory of the same member state ; ### ‘ touring visa’ means an authorisation issued by a member state with a view to an intended stay in the territory of two or more member states for a duration of 12 months in any 15 month period , provided that the applicant does not stay for more than 90 days in any 180 day period in the territory of the same member state ;


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


### personal data obtained from the central system by a member state or by europol for law enforcement purposes shall not be transferred or made available to any third country , international organisation or private entity established in or outside the union . the prohibition shall also apply if those data are further processed at national level or between member states within the meaning of article 2 of framework decision 2008 / 977 / jha . ### personal data obtained from the central system by a member state or by europol for law enforcement purposes shall not be transferred or made available to any third country , international organisation or private entity established in or outside the union . the prohibition shall also apply if those data are further processed at national level or between member states pursuant to directive 2016 / 680 .


### any request made pursuant to paragraphs 1 and 2 shall contain the necessary information to identify the person concerned , including fingerprints . that information shall be used exclusively to enable t the exercise of the rights referred to in paragraphs 1 and 2 and shall be erased immediately afterwards . ### any request made pursuant to paragraphs 1 and 2 shall contain the necessary information to identify the data subject . fingerprints may be requested for this purpose only in duly justified cases where there are substantive doubts as to the identity of the applicant . that information shall be used exclusively to enable the exercise of the rights referred to in paragraphs 1 and 2 and shall be erased immediately afterwards .


### by [ six months after the entry into force of this regulation – opoce , please replace with the actual date ] and every six months thereafter during the development phase of the ees , eu - lisa shall submit a report to the european parliament and the council on the state of play of the development of the central system , the uniform interfaces and the communication infrastructure between the central system and the uniform interfaces . once the development is finalised , a report shall be submitted to the european parliament and the council explaining in detail how the objectives , in particular relating to planning and costs , were achieved as well as justifying any divergences . ### by [ six months after the entry into force of this regulation – opoce , please replace with the actual date ] and every six months thereafter during the development phase of the ees , eu - lisa shall submit a report to the european parliament and the council on the state of play of the development of the central system , the uniform interfaces and the communication infrastructure between the central system and the uniform interfaces . this report shall contain detailed information about the costs incurred and information as to any risks which may impact on the overall costs of the system . once the development is finalised , a report shall be submitted to the european parliament and the council explaining in detail how the objectives , in particular relating to planning and costs , were achieved as well as justifying any divergences .


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


### border authorities shall verify , in accordance with article 21 , whether a previous individual file has been created in the ees for the third country national as well as their identity . where a third country national uses a self - service system for pre - enrolment of data or for the performance of border checks [ should this self - service system not be defined or explained ? ] , a verification may be carried out through the self service system . ### border authorities shall verify , in accordance with article 21 , whether a previous individual file has been created in the ees for the third country national as well as their identity . where a third country national uses a self - service system for pre - enrolment of data or for the performance of border checks , a verification may be carried out through the self service system .


### ' frontex ' means the european agency for the management of operational cooperation at the external borders of the member states of the european union established by regulation no 2007 / 2004 ; ### ' frontex ' means the european border and coast guard agency established by 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 .


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


### national supervisory authorities established in accordance with article 25 of council framework decision 2008 / 977 / jha should monitor the lawfulness of the processing of personal data for law enforcement purposes by the member states , and the national supervisory authorities established in accordance with article 33 of decision 2009 / 371 / jha should monitor the lawfulness of data processing activities performed by europol . ### national supervisory authorities established in accordance with article 41 of directive 2016 / 680 should monitor the lawfulness of the processing of personal data for law enforcement purposes by the member states .


### comparisons of data on the basis of a latent fingerprint , which is the dactyloscopic trace which may be found at a crime scene , is fundamental in the field of police cooperation . the possibility to compare a latent fingerprint with the fingerprint data which is stored in the ees in cases where there are reasonable grounds for believing that the perpetrator or victim may be registered in the ees should provide the law enforcement authorities of the member states with a very valuable tool in preventing , detecting or investigating terrorist offences or other serious criminal offences , when for example the only evidence at a crime scene are latent fingerprints . ### comparisons of data on the basis of a latent fingerprint , which is the dactyloscopic trace which may be found at a crime scene , is fundamental in the field of police cooperation . the possibility to compare a latent fingerprint with the fingerprint data which is stored in the ees in cases where there are reasonable grounds for believing that the perpetrator or victim may be registered in the ees is necessary for the law enforcement authorities of the member states to prevent , detect or investigate terrorist offences or other serious criminal offences , when for example the only evidence at a crime scene are latent fingerprints .


### the personal data stored in the ees should be kept for no longer than is necessary for the purposes of the ees . it is appropriate to keep the data related to third country nationals for a period of five years for border management purposes in order to avoid the need for third country nationals to re - enrol in the ees before that period has lapsed . for third country nationals who are family members of a union citizen to whom directive 2004 / 38 / ec27 applies or of a national of a third country enjoying the right of free movement under union law and who do not hold a residence card referred to under directive 2004 / 38 / ec , it is appropriate to store each coupled entry / exit record for a maximum period of one year after the last exit . _________________ 27 directive 2004 / 38 / ec of the european parliament and of the council of 29 april 2004 on the right of citizens of the union and their family members to move and reside freely within the territory of the member states amending regulation no 1612 / 68 and repealing directives 64 / 221 / eec , 68 / 360 / eec , 72 / 194 / eec , 73 / 148 / eec , 75 / 34 / eec , 75 / 35 / eec , 90 / 364 / eec , 90 / 365 / eec and 93 / 96 / eec . ### the personal data stored in the ees should be kept for no longer than is necessary for the purposes of the ees . it is appropriate to keep the data related to third country nationals for a period of ten years for border management purposes in order to avoid the need for third country nationals to re - enrol in the ees before that period has lapsed .


### the personal data stored in the ees should be kept for no longer than is necessary for the purposes of the ees . it is appropriate to keep the data related to third country nationals for a period of five years for border management purposes in order to avoid the need for third country nationals to re - enrol in the ees before that period has lapsed . for third country nationals who are family members of a union citizen to whom directive 2004 / 38 / ec10 applies or of a national of a third country enjoying the right of free movement under union law and who do not hold a residence card referred to under directive 2004 / 38 / ec , it is appropriate to store each coupled entry / exit reccord for a maximum period of one year after the last exit . ___________ 10directive 2004 / 38 / ec of the european parliament and of the council of 29 april 2004 on the right of citizens of the union and their family members to move and reside freely within the territory of the member states amending regulation no 1612 / 68 and repealing directives 64 / 221 / eec , 68 / 360 / eec , 72 / 194 / eec , 73 / 148 / eec , 75 / 34 / eec , 75 / 35 / eec , 90 / 364 / eec , 90 / 365 / eec and 93 / 96 / eec . ### the personal data stored in the ees should be kept for no longer than is necessary for the purposes of the ees . it is appropriate to keep the data related to third country nationals for a period of five years for border management purposes . a five year data retention period is necessary in order to allow the border guard to verify the fulfilment of the entry conditions for third - country nationals and to perform the necessary risk analysis , in accordance with regulation 2016 / 399 of the european parliament and of the council1a , before authorising a traveller to enter the schengen area . the processing of visa applications in consular posts also requires an analysis of the travel history of the applicant in order to assess the use of previous visas and the respect of the conditions of stay . the abandoning of passport stamping will be compensated by a consultation of the ees . the travel history available in the ees should therefore cover a period of time which is sufficient for the purpose of visa issuance . the five year data retention period should reduce the frequency of re - enrolment and should be beneficial for all travellers as the average border crossing time will decrease as will the waiting time at border crossing points . even for a traveller who has entered the schengen area only once , the fact that other travellers have already been registered in the ees and will thus not have to re - enrol will reduce the waiting time at border . this data retention period is also necessary in order to allow for the facilitation for the border crossing by using process accelerators and self - service systems . such a facilitation is dependent on the data registered in the ees . a shorter data retention period would have a negative impact on the duration of border controls . a shorter data retention period would also reduce the number of travellers that can benefit from such a facilitation and thereby undermine the stated objective of ees to facilitate border crossing . for third country nationals who are family members of a union citizen to whom directive 2004 / 38 / ec10 applies or of a national of a third country enjoying the right of free movement under union law and who do not hold a residence card referred to under directive 2004 / 38 / ec , it is appropriate to store each coupled entry / exit record for a maximum period of one year after the last exit . ___________ 1a regulation 2016 / 399 of the european parliament and of the council of 9 march 2016 on a union code on the rules governing the movement of persons across borders . 10directive 2004 / 38 / ec of the european parliament and of the council of 29 april 2004 on the right of citizens of the union and their family members to move and reside freely within the territory of the member states amending regulation no 1612 / 68 and repealing directives 64 / 221 / eec , 68 / 360 / eec , 72 / 194 / eec , 73 / 148 / eec , 75 / 34 / eec , 75 / 35 / eec , 90 / 364 / eec , 90 / 365 / eec and 93 / 96 / eec .


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


### the processing of personal data by the authorities of the member states for the purposes of the prevention , detection or investigation of terrorist offences or of other serious criminal offences pursuant to this regulation should be subject to a standard of protection of personal data under their national law which complies with council framework decision 2008 / 977 / jha13 . ___________________ 13 council framework decision 2008 / 977 / jha of 27 november 2008 on the protection of personal data processed in the framework of police and judicial co - operation in criminal matters . ### the national laws , regulations and administrative provisions adopted pursuant to directive 2016 / 680 of the european parliament and of the council13 apply to the processing of personal data by the competent authorities of the member states for the purposes of the prevention , investigation , detection or prosecution of terrorist offences or of other serious criminal offences pursuant to this regulation . ___________________ 13 directive 2016 / 680 of the european parliament and of the council of 27 april 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention , investigation , detection or prosecution of criminal offences or the execution of criminal penalties , and on the free movement of such data , and repealing council framework decision 2008 / 977 / jha .


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


### for the purpose of paragraph 1 , eu - lisa shall establish , implement and host a central repository in its technical sites containing the data referred to in paragraph 1 which would not allow for the identification of individuals and would allow the authorities listed in paragraph 1 to obtain customisable reports and statistics on the entries and exits , refusals of entry and overstay of third country nationals to improve the assessment of the risk of overstay , to enhance the efficiency of border checks , to help consulates processing the visa applications and to support evidence - based union migration policymaking . the repository shall also contain daily statistics on the data referred to in paragraph 4 . access to the central repository shall be granted by means of secured access through s - testa with control of access and specific user profiles solely for the purpose of reporting and statistics . ### for the purpose of paragraph 1 , eu - lisa shall establish , implement and host a repository at a central level in its technical sites containing the data referred to in paragraph 1 which would not allow for the identification of individuals and would allow the authorities listed in paragraph 1 to obtain customisable reports and statistics on the entries and exits , refusals of entry and overstay of third country nationals to improve the assessment of the risk of overstay , to enhance the efficiency of border checks , to help consulates processing the visa applications and to support evidence - based union migration policymaking . the repository shall also contain daily statistics on the data referred to in paragraph 4 . access to the central repository shall be granted by means of secured access through s - testa with control of access and specific user profiles solely for the purpose of reporting and statistics .


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


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


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


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


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


### the commission has adopted a decision on the adequate protection of personal data in that third country in accordance with article 25 of directive 95 / 46 / ec , or a readmission agreement is in force between the community and that third country , or article 26 of directive 95 / 46 / ec applies ; ### the commission has adopted a decision on the adequate protection of personal data in that third country in accordance with article 45 of regulation 2016 / 679 , or a readmission agreement is in force between the union and that third country , or article 49 and of regulation 2016 / 679 applies ;


### this regulation establishing the ees replaces the obligation to stamp passports of third country nationals which is applicable by all acceding member states . stays in member states which are not yet fully applying the schengen acquis in accordance with their respective acts of accession should not be taken into account in the calculation of the duration of the authorised stay in the schengen area . such member states should register in the ees the stay of third country nationals but the automated calculator in the system should not compute it as part of the authorised length of stay . ### this regulation establishing the ees replaces the obligation to stamp passports of third country nationals which is applicable by all acceding member states .


### moreover , europol plays a key role with respect to cooperation between member states’ authorities in the field of cross - border crime investigation in supporting union - wide crime prevention , analyses and investigation . consequently , europol should also have access to the ees within the framework of its tasks and in accordance with council decision 2009 / 371 / jha . 8 ___________________ 8council decision 2009 / 371 / jha of 6 april 2009 establishing the european police office . ### moreover , europol plays a key role with respect to cooperation between member states’ authorities in the field of cross - border crime investigation in supporting union - wide crime prevention , analyses and investigation . consequently , europol should also have access to the ees within the framework of its tasks and in accordance with regulation 2016 / 794 of the european parliament and of the council . 8 ___________________ 8regulation 2016 / 794 of the european parliament and of the council 11 may 2016 on the european union agency for law enforcement cooperation and replacing and repealing council decisions 2009 / 371 / jha , 2009 / 934 / jha , 2009 / 935 / jha , 2009 / 936 / jha and 2009 / 968 / jha .


### ‘ fingerprint data’ means the data relating to fingerprints of the index , middle finger , ring finger and little finger from the right hand , where present , and otherwise from the left hand , or a latent fingerprint ; ### ‘ fingerprint data’ means the data relating to fingerprints of the index , middle finger , ring finger and little finger from the right hand , where present , and otherwise from the left hand , with sufficient image resolution and quality to be used in automated biometric matching , or a latent fingerprint ;


### in order to create the individual file of a visa holding third country national the data provided for in paragraph 1 , and may be retrieved and imported directly from the vis by the border authority in accordance with article 18a of regulation no 767 / 2008 . ### in order to create or update the entry / exit record on the individual file of a third country national subject to a visa requirement to cross the external borders the data provided for in paragraph 1 , and may be retrieved and imported directly from the vis by the border authority in accordance with article 18a of regulation no 767 / 2008 .


### any request made pursuant to paragraphs 1 and 2 shall contain the necessary information to identify the person concerned , including fingerprints . that information shall be used exclusively to enable t the exercise of the rights referred to in paragraphs 1 and 2 and shall be erased immediately afterwards . ### any request made pursuant to paragraphs 1 and 2 shall contain the necessary information to identify the data subject . fingerprints may be requested for this purpose only in duly justified cases where there are substantive doubts as to the identity of the applicant . that information shall be used exclusively to enable the exercise of the rights referred to in paragraphs 1 and 2 and shall be erased immediately afterwards .


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


### the personal data stored in the ees should be kept for no longer than is necessary for the purposes of the ees . it is appropriate to keep the data related to third country nationals for a period of five years for border management purposes in order to avoid the need for third country nationals to re - enrol in the ees before that period has lapsed . for third country nationals who are family members of a union citizen to whom directive 2004 / 38 / ec27 applies or of a national of a third country enjoying the right of free movement under union law and who do not hold a residence card referred to under directive 2004 / 38 / ec , it is appropriate to store each coupled entry / exit record for a maximum period of one year after the last exit . _________________ 27 directive 2004 / 38 / ec of the european parliament and of the council of 29 april 2004 on the right of citizens of the union and their family members to move and reside freely within the territory of the member states amending regulation no 1612 / 68 and repealing directives 64 / 221 / eec , 68 / 360 / eec , 72 / 194 / eec , 73 / 148 / eec , 75 / 34 / eec , 75 / 35 / eec , 90 / 364 / eec , 90 / 365 / eec and 93 / 96 / eec . ### the personal data stored in the ees should be kept for no longer than is necessary for the purposes of the ees . it is appropriate to keep the data related to third country nationals for a period of ten years for border management purposes in order to avoid the need for third country nationals to re - enrol in the ees before that period has lapsed . for third country nationals who are family members of a union citizen to whom directive 2004 / 38 / ec27 applies or of a national of a third country enjoying the right of free movement under union law and who do not hold a residence card referred to under directive 2004 / 38 / ec , it is appropriate to store each coupled entry / exit record for a minimum period of one year after the last exit . _________________ 27 directive 2004 / 38 / ec of the european parliament and of the council of 29 april 2004 on the right of citizens of the union and their family members to move and reside freely within the territory of the member states amending regulation no 1612 / 68 and repealing directives 64 / 221 / eec , 68 / 360 / eec , 72 / 194 / eec , 73 / 148 / eec , 75 / 34 / eec , 75 / 35 / eec , 90 / 364 / eec , 90 / 365 / eec and 93 / 96 / eec .


### ' frontex ' means the european agency for the management of operational cooperation at the external borders of the member states of the european union established by regulation no 2007 / 2004 ; ### ' frontex ' means the european border and coast guard agency established by 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 .


### a communication infrastructure between the central system and the national uniform interfaces . ### a secure and encrypted communication infrastructure between the central system and the national uniform interfaces .


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


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


### ‘ touring visa’ means an authorisation issued by a member state with a view to an intended stay in the territory of two or more member states for a duration of more than 90 days in any 180 day period , provided that the applicant does not intend to stay for more than 90 days in any 180 day period in the territory of the same member state ; ### ‘ touring visa’ means an authorisation issued by a member state with a view to an intended stay in the territory of two or more member states for a duration of 12 months in any 15 month period , provided that the applicant does not stay for more than 90 days in any 180 day period in the territory of the same member state ;


### in that case article 12 of regulation 2016 / 399 shall apply and if that presumption is rebutted by proof that the third country national concerned has respected the conditions relating to the condition of short stay , the competent authorities shall create an individual file for that third country national in the ees if necessary , or update the latest entry / exit record by entering the missing data in accordance with articles 14 and 15 or delete an existing file where article 32 applies . ### in that case article 12 of regulation 2016 / 399 shall apply and if that presumption is rebutted in accordance with article 12 of that regulation , the competent authorities shall create an individual file for that third country national in the ees if necessary , or update the latest entry / exit record by entering the missing data in accordance with articles 14 and 15 or delete an existing file where article 32 applies .


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


### where the person concerned is exempt from the requirement to give fingerprints for legal or factual reasons pursuant to paragraphs 2 or 3 , the specific data field shall be marked as ‘ not applicable’ . the system shall allow a distinction to be made between the cases where fingerprints are not required to be provided for legal reasons and the cases where they cannot be provided for factual reasons . ### where the person concerned is exempt from the requirement to give fingerprints for legal or factual reasons pursuant to paragraphs 2 or 3 , the specific data field shall be marked as ‘ not applicable’ . the system shall allow a distinction to be made between the cases where fingerprints are not required to be provided for legal reasons and the cases where they cannot be provided for factual reasons . the fact that the physical impossibility to give fingerprints is of a temporary nature shall be recorded .


### in accordance with national rules or with decision 2009 / 371 / jha , the identifying mark of the official who carried out the search and of the official who ordered the search or supply . ### in accordance with national rules or with regulation 2016 / 794 , the identifying mark of the official who carried out the search and of the official who ordered the search or supply .