### active promotion of policies to improve the economic and social wellbeing of citizens ; ### active promotion of policies to improve the economic and social wellbeing of citizens and the promotion of environmental sustainability ;


### entities established in a non - associated third country should in principle bear the cost of their participation . however , for low to middle income countries and exceptionally for other non - associated third countries they could be eligible for funding in an action if : ### with the exception of low and lower middle income countries , entities established in a non - associated third country should bear the cost of their participation . a list of low to lower - middle income countries shall be annexed to every work programme adopted by the commission . exceptionally for other non - associated third countries they could be eligible for funding in an action if :


### beneficiaries having received union funding shall adequately protect their results if protection is possible and justified , taking into account all relevant considerations , including the prospects for commercial exploitation . when deciding on protection , beneficiaries shall also consider the legitimate interests of the other beneficiaries in the action ; ### beneficiaries having received union funding shall adequately protect their results if protection is justified , taking into account all relevant considerations , including the prospects for commercial exploitation . when deciding on protection , beneficiaries shall also consider both the legitimate interests of the other beneficiaries in the action and the active promotion of positive social spill over effects and return on the public investment in the form of accessibility to data and results .


### indicators to report on progress of the programme towards the achievement of the objectives established in article 3 are set in annex v along impact pathways . ### indicators to report on progress of the programme towards the achievement of the objectives established in article 3 are set in annex v along impact pathways . to the extent possible , the chosen indicators shall be streamlined with the sdg indicators .


### marie skłodowska - curie actions : equipping researchers with new knowledge and skills through mobility and exposure across borders , sectors and disciplines , as well as structuring and improving institutional and national recruitment , training and career development systems ; in so doing , the marie skłodowska - curie actions help to lay the foundations of europe ' s excellent research landscape , contributing to boosting jobs , growth , and investment , and solving current and future societal challenges . ### marie skłodowska - curie actions : equipping researchers with new knowledge and skills through mobility and exposure across borders , sectors and disciplines , while preventing brain - drain from developing countries and actively supporting the build - up of r&i competence in a direct relation with local and regional needs there in coordination with the union’s development instrument , as well as structuring and improving institutional and national recruitment , training and career development systems ; in so doing , the marie skłodowska - curie actions help to lay the foundations of europe ' s excellent research landscape , contributing to boosting jobs , sustainable economic fabrics , and investment , and solving current and future societal challenges .


### through the following activities , this pillar will , in line with article 4 , strengthen the impact of research and innovation in developing , supporting and implementing union policies , and support the uptake of innovative solutions in industry and society to address global challenges . it will also contribute to the other programme ' s specific objectives as described in article 3 . ### through the following activities , this pillar will , in line with article 4 , strengthen the impact of research and innovation in addressing global challenges , in developing , supporting and implementing union policies , and support the uptake of innovative solutions in industry and society to address global challenge . it will also contribute to the other programme ' s specific objectives as described in article 3 . at least 70% of the expenditure allocated to this pillar will primarily aim at contributing to tackling global societal challenges and delivering societal impact . up to 30% will focus on boosting industrial competitiveness and economic impact . this distribution will be ensured on different levels of programming , evaluation , and monitoring .


### cluster ' health ' : improving and protecting the health of citizens at all ages , by developing innovative solutions to prevent , diagnose , monitor , treat and cure diseases ; mitigating health risks , protecting populations and promoting good health ; making public health systems more cost - effective , equitable and sustainable ; and supporting and enabling patients ' participation and self - management . ### cluster ' health ' : improving and protecting the health of citizens at all ages , by developing innovative , suitable , safe , accessible and affordable solutions to prevent , diagnose , monitor , treat and cure diseases ; mitigating health risks , protecting populations and promoting good health ; making public health systems more cost - effective , equitable and sustainable ; and supporting and enabling patients ' participation and self - management .


### areas of intervention : democracy ; cultural heritage ; social and economic transformations ; disaster - resilient societies ; protection and security ; cybersecurity ### areas of intervention : democracy ; cultural heritage ; social and economic transformations ; disaster - resilient societies ; protection and human security ; conflict prevention and peacebuilding , cybersecurity


### areas of intervention : manufacturing technologies ; digital technologies ; advanced materials ; artificial intelligence and robotics ; next generation internet ; high performance computing and big data ; circular industries ; low carbon and clean industry ; space ### areas of intervention : sustainable manufacturing technologies ; digital technologies ; advanced materials ; artificial intelligence and robotics ; next generation open internet ; high performance computing and big data ; circular industries ; low carbon and clean industry ; space


### cluster ' climate , energy and mobility ' : fighting climate change by better understanding its causes , evolution , risks , impacts and opportunities , and by making the energy and transport sectors more climate and environment - friendly , more efficient and competitive , smarter , safer and more resilient . ### cluster ' climate , energy and mobility ' : fighting climate change by better understanding its causes , evolution , risks , impacts and opportunities , and by making the energy and transport sectors more climate and environment - friendly , more efficient and affordable , smarter , safer and more resilient .


### areas of intervention : climate science and solutions ; energy supply ; energy systems and grids ; buildings and industrial facilities in energy transition ; communities and cities ; industrial competitiveness in transport ; clean transport and mobility ; smart mobility ; energy storage . ### areas of intervention : climate science and solutions ; energy supply ; energy systems and grids ; buildings and industrial facilities in energy transition ; communities and cities ; public affordability in transport ; clean transport and mobility ; smart and sustainable mobility ; energy storage .


### non - nuclear direct actions of the joint research centre : generating high - quality scientific evidence for good public policies . new initiatives and proposals for eu legislation need transparent , comprehensive and balanced evidence , whereas implementation of policies needs evidence to measure and monitor progress . the jrc will provide union policies with independent scientific evidence and technical support throughout the policy cycle . the jrc will focus its research on eu policy priorities . ### non - nuclear direct actions of the joint research centre : generating high - quality scientific evidence for good public policies where open access to research findings and all data should be accomplished . new initiatives and proposals for eu legislation need transparent , comprehensive and balanced evidence , whereas implementation of policies needs evidence to measure and monitor progress . the jrc will provide union policies with independent scientific evidence and technical support throughout the policy cycle . the jrc will focus its research on eu policy priorities .


### european innovation council : promoting breakthrough innovation with scale - up potential at global level ### european innovation council : promoting societally relevant breakthrough innovation with scale - up potential at global level


### areas of intervention : strengthen sustainable innovation ecosystems across europe ; fostering the development of entrepreneurial and innovation skills in a lifelong learning perspective and support the entrepreneurial transformation of eu universities ; bring new solutions to global societal challenges to the market ; synergies and value added within horizon europe . ### areas of intervention : strengthen sustainable innovation ecosystems across and outside of europe ; fostering the development of solidarity and innovation skills in a lifelong learning perspective and support the public dimensions of eu universities ; bring new solutions to global societal challenges to the society ; synergies and value added within horizon europe .


### –training and mobility action : action geared towards improvement of skills , knowledge and career prospects of researchers based on mobility between countries , and , if relevant , between sectors or disciplines ; ### –training and mobility action : action geared towards improvement of skills , knowledge and career prospects of researchers based on mobility between countries , and , if relevant , between sectors or disciplines , while fostering collaboration with low and middle income countries ;


### evidence that the european partnership is more effective in achieving the related objectives of the programme , in particular in delivering clear impacts for the eu and its citizens , notably in view of delivering on global challenges and research and innovation objectives , securing eu competitiveness and contributing to the strengthening of the european research and innovation area and international commitments ; ### evidence that the european partnership is more effective in achieving the related objectives of the programme , in particular in delivering clear impacts for the eu and its citizens , notably in view of delivering on global challenges such as the sustainable development goals , and research and innovation objectives , securing eu social security and contributing to the strengthening of the european research and innovation area and international commitments ;


### transparency and openness of the european partnership as regards the identification of priorities and objectives , and the involvement of partners and stakeholders from different sectors , including international ones when relevant ; ### transparency and openness of the european partnership as regards the identification of priorities and objectives , and the involvement of partners and a wide range of stakeholders from different sectors , including civil society and international ones when relevant ;


### –identification of measurable expected outcomes , deliverables and impacts within specific timeframes , including key economic value for europe ; ### –identification of measurable expected outcomes , deliverables and impacts within specific timeframes , including key economic and societal value for europe ;


### –identification of measurable expected outcomes , deliverables and impacts within specific timeframes , including key economic value for europe ; ### –identification of measurable expected outcomes , deliverables and impacts within specific timeframes , including economic value for europe and contribution to the sdgs ;


### the esf + can mainstream and scale up innovative curricula supported by the programme , through national or regional programmes , in order to equip people with the skills and competences needed for the jobs of the future ; ### the esf + can mainstream and scale up innovative curricula supported by the programme , through national or regional programmes , in order to equip people with the knowledge , &#160 ; skills and competences needed for the the future ;


### research and innovation needs related to digital aspects are identified and established in the programme ' s strategic research and innovation plans ; this includes research and innovation for high performance computing , artificial intelligence , cybersecurity , combining digital with other enabling technologies and non - technological innovations ; support for the scale - up of companies introducing breakthrough innovations ( many of which will combine digital and physical technologies ; the integration of digital across all the pillar ' global challenges and industrial competitiveness ' ; and the support to digital research infrastructures ; ### research and innovation needs related to digital aspects are identified and established in the programme ' s strategic research and innovation plans ; this includes research and innovation for open internet , high performance computing , artificial intelligence , cybersecurity , combining digital with other enabling technologies and non - technological innovations ; support for the scale - up of companies introducing societally relevant innovations ( many of which will combine digital and physical technologies ; the integration of digital across all the pillar ' global challenges and industrial competitiveness ' ; and the support to digital research infrastructures ;


### synergies with the neighbourhood , development and international cooperation instrument will ensure that the programme ' s research and innovation activities with the participation of third countries and targeted international cooperation actions seek alignment and coherence with parallel market uptake and capacity - building actions strands under the external instrument , based on joint definition of needs and areas of intervention commonly defined during the programme ' s strategic research and innovation planning process . ### synergies with the neighbourhood , development and international cooperation instrument will ensure that the programme ' s research and innovation activities with the participation of third countries and targeted international cooperation actions seek alignment and coherence with parallel market uptake and capacity - building actions strands under the external instrument , based on joint definition of needs through consultation with a wide variety of stakeholders in partner countries and areas of intervention commonly defined during the programme ' s strategic research and innovation planning process


### the programme is expected to have societal impact by addressing eu policy priorities through r&i , delivering benefits and impact through r&i missions and strengthening the uptake of innovation in society . progress towards this impact will be monitored through proxy indicators set along the following four key impact pathways . ### the programme is expected to have societal impact by addressing global challenges as defined by the sdgs as well as eu policy priorities through r&i , delivering benefits and impact through r&i missions and strengthening the uptake of and equitable access to innovation in society , ultimately contributing to people’s well - being . progress towards this impact will be monitored through proxy indicators set along the following four key impact pathways . to the extent possible , the chosen indicators should be streamlined with the sdg indicators .


### addressing eu policy priorities through r&i ### addressing eu policy priorities , in particular the sdgs , through r&i


### delivering benefits and impact through r&i missions ### delivering societal benefits and impact through r&i missions


### strengthening the uptake of innovation in society ### strengthening the societal impact and uptake of research and innovation in society


### outputs - number and share of outputs aimed at addressing specific eu policy priorities ### outputs - number and share of outputs aimed at addressing specific eu policy priorities , in particular the sdgs


### solutions - number and share of innovations and scientific results addressing specific eu policy priorities ### solutions - number and share of innovations and scientific results addressing specific eu policy priorities , in particular the sdgs


### benefits - aggregated estimated effects from use of fp - funded results , on tackling specific eu policy priorities , including contribution to the policy and law - making cycle ### benefits - aggregated estimated effects from use of fp - funded results , on tackling specific eu policy priorities , in particular the sdgs , including contribution to the policy and law - making cycle


### online intermediation services can be crucial for the commercial success of undertakings who use such services to reach consumers . the growing intermediation of transactions through online intermediation services , fuelled by strong data - driven indirect network effects , lead to an increased dependence of such business users , including micro , small and medium - sized enterprises , on those services in order for them to reach consumers . given that increasing dependence , the providers of those services often have superior bargaining power , which enables them to effectively behave unilaterally in a way that can be unfair and that can be harmful to the legitimate interests of their businesses users and , indirectly , also of consumers in the union . ### online intermediation services can be crucial for the commercial success of undertakings who use such services to reach consumers . this worthwhile role must be carried out in a transparent and trustworthy manner , subject to clear rules laid down in advance for all actors and provided that a level playing field is established for all those involved in the operations . the growing intermediation of transactions through online intermediation services , fuelled by strong data - driven indirect network effects , lead to an increased dependence of such business users , including self - employed , micro , small and medium - sized enterprises , on those services in order for them to reach consumers . given that increasing dependence which may affect large businesses in addition to self - employed , micro , small and medium - sized enterprises , the providers of those services often have superior bargaining power , which enables them to effectively behave unilaterally in a way that can be unfair and that can be harmful to the legitimate interests of their businesses users and , indirectly , also of consumers in the union .


### in order to enable business users , including those whose use of the relevant online intermediation services might have been suspended or terminated , to have access to immediate , suitable and effective redress possibilities , providers of online intermediation services should provide for an internal complaint - handling system . that internal complaint - handling system should be aimed at ensuring that a significant proportion of complaints can be solved bilaterally by the provider of the online intermediation services and the relevant business user . in addition , ensuring that providers of online intermediation services publish information on the functioning and effectiveness of their internal complaint - handling system should help business users to understand the types of issues that can arise in the context of the provision of different online intermediation services and the possibility of reaching a quick and effective bilateral resolution . ### in order to enable business users , including those whose use of the relevant online intermediation services might have been suspended or terminated , to have access to immediate , suitable and effective redress possibilities , providers of online intermediation services should provide for an internal complaint - handling system . that internal complaint - handling system should be transparent , non - discriminatory and simple , supported by external expertise , whenever relevant , and should be aimed at ensuring that a significant proportion of complaints can be solved bilaterally by the provider of the online intermediation services and the relevant business user . in addition , ensuring that providers of online intermediation services publish information on the functioning and effectiveness of their internal complaint - handling system should help business users to understand the types of issues that can arise in the context of the provision of different online intermediation services and the possibility of reaching a quick and effective bilateral resolution .


### whether a business user has access to personal data or other data , or both , provided by that business user in connection to his or her use of the online intermediation services concerned or generated through the provision of those services to that business user and the consumers of his or her goods or services , and if so , to which categories of such data and under what conditions ; ### under which conditions a business user has access to personal data or other data , or both , provided by that business user in connection to his or her use of the online intermediation services concerned or generated through the provision of those services to that business user and the consumers of his or her goods or services , to which categories of such data ;


### whether , in addition to point , a business user has access to personal data or other data , or both , including in aggregated form , provided by or generated through the provision of the online intermediation services to all of the business users and consumers thereof , and if so , to which categories of such data and under what conditions . ### under which conditions , in addition to point , a business user has access to personal data or other data , or both , including in aggregated form , provided by or generated through the provision of the online intermediation services to all of the business users and consumers thereof , to which categories of such data .


### that internal complaint - handling system shall be easily accessible for business users . it shall allow them to lodge complaints directly with the provider concerned regarding any of the following issues : ### that internal complaint - handling system shall be easily accessible and free of charge for business users . it shall allow them to lodge complaints directly with the provider concerned regarding any of the following issues :


### communicate to the complainant the outcome of the internal complaint - handling process , in an individualised manner and drafted in clear and unambiguous language . ### communicate to the complainant the outcome of the internal complaint - handling process , in an individualised manner and drafted in clear and unambiguous language , and involving external independent expertise , whenever relevant .


### facilitate cooperation and the exchange of information between national authorities with a view to the effective enforcement of relevant union law , in accordance with article 8 ; ### encourage , facilitate and support cooperation and the exchange of information between national authorities with a view to the effective enforcement of relevant union law , in accordance with article 8 , and the effective tackling of unemployment ;


### the authority shall assess risks and carry out analyses regarding cross - border labour flows , such as labour market imbalances , sector - specific threats and recurring problems encountered by individuals and employers in relation to cross - border mobility . for that purpose , the authority shall ensure complementarity with , and draw on the expertise of , other union agencies or services , including in the areas of skills forecasting and health and safety at work . upon a request by the commission , the authority may carry out focused in - depth analyses and studies to investigate specific labour mobility issues . ### the authority shall assess risks and carry out analyses , taking into consideration gender indicators , regarding cross - border labour flows , such as labour market imbalances , sector - specific threats and recurring problems encountered by individuals and employers in relation to cross - border mobility . for that purpose , the authority shall ensure complementarity with , and draw on the expertise of , other union agencies or services , including in the areas of skills forecasting and health and safety at work . upon a request by the commission , the authority may carry out focused in - depth analyses and studies to investigate specific labour mobility issues . those analyses and studies shall be gender - mainstreamed and include separate chapters on gender equality .


### the authority shall assess risks and carry out analyses regarding cross - border labour flows , such as labour market imbalances , sector - specific threats and recurring problems encountered by individuals and employers in relation to cross - border mobility . for that purpose , the authority shall ensure complementarity with , and draw on the expertise of , other union agencies or services , including in the areas of skills forecasting and health and safety at work . upon a request by the commission , the authority may carry out focused in - depth analyses and studies to investigate specific labour mobility issues . ### the authority shall assess risks and carry out analyses regarding cross - border labour flows , such as social dumping , abusive practices , sector - specific threats and recurring problems encountered by individuals and employers in relation to cross - border mobility . for that purpose , the authority shall ensure complementarity with , and draw on the expertise of , other union agencies or services , including in the areas of social dumping , skills forecasting and health and safety at work . upon a request by the commission , the authority may carry out focused in - depth analyses and studies to investigate specific labour mobility issues related to social dumping in the internal market .


### the authority may set up working groups or expert panels with representatives from member states and / or from the commission , or external experts following selection procedures , for the fulfilment of its specific tasks or for specific policy areas , including a mediation board in order to fulfil its tasks in accordance with article 13 of this regulation , and a dedicated group for the purpose of handling financial matters related to the application of regulations no 883 / 2004 and no 987 / 2009 , as referred to in article 8 of this regulation . ### the authority may set up working groups or expert panels with representatives from member states and / or from the commission , or external experts or social partners following selection procedures , for the fulfilment of its specific tasks or for specific policy areas , including a mediation board in order to fulfil its tasks in accordance with article 13 of this regulation , and a dedicated group for the purpose of handling financial matters related to the application of regulations no 883 / 2004 and no 987 / 2009 , as referred to in article 8 of this regulation .


### members of the management board representing their member states and their alternates shall be appointed by their respective member states in light of their knowledge in the fields referred to in article 1 , taking into account relevant managerial , administrative and budgetary skills . ### members of the management board representing their member states and their alternates shall be appointed by their respective member states in light of their knowledge in the fields referred to in article 1 and on the basis of merit , taking into account relevant experience and managerial , administrative and budgetary skills .


### eur 4 811 000 000 shall be allocated to the programmes implemented under shared management , of which eur 157 200 000 for the special transit scheme referred to in article 16 , implemented under shared management ; ### eur&#160 ; 1&#160 ; 640&#160 ; 000&#160 ; 000 shall be allocated to the programmes implemented under shared management , of which eur&#160 ; 53&#160 ; 590 000 for the special transit scheme referred to in article&#160 ; 16 , implemented under shared management ;


### our daily lives and economies become increasingly dependent on digital technologies , citizens become more and more exposed to serious cyber incidents . future security depends , among others , on enhancing technological and industrial ability to protect the union against cyber threats , as both civilian infrastructure and military capacities rely on secure digital systems . ### our daily lives and economies become increasingly dependent on digital technologies , citizens become more and more exposed to serious cyber incidents . future security depends , among others , on enhancing technological and industrial ability in terms of people , processes and technology to protect the union against constantly evolving cyber threats , as both civilian infrastructure and military capacities rely on secure digital systems .


### in order to respond to the needs of both demand and supply side industries , the competence centre’s task to provide cybersecurity knowledge and technical assistance to industries should refer to both ict products and services and all other industrial and technological products and solutions in which cybersecurity is to be embedded . ### in order to respond to the needs of both demand and supply side industries , the competence centre’s task to provide cybersecurity knowledge and technical assistance to industries should refer to both ict products and services and all other industrial and technological products and solutions in which cybersecurity is to be embedded . in particular , the competence centre should facilitate the deployment of dynamic enterprise - level solutions focused on building capabilities of entire organizations , including people , processes and technology , in order to effectively protect the organizations against constantly changing cyber threats .


### assisting public authorities , demand side industries and other users in adopting and integrating the latest cyber security solutions ; ### assisting public authorities , demand side industries and other users in adopting and integrating the latest cyber security solutions ; including holistic solutions designed to build cyber resilience within and information sharing amongst organizations , in order to improve overall cyber resilience within the union .


### member states should make the necessary technical arrangement so that each time the end - users are entitled to carry out a search in a national police or immigration database they also search sis in parallel in accordance with article 4 of directive 2016 / 680 of the european parliament and of the council45 . this should ensure that sis functions as the main compensatory measure in the area without internal border controls and better address the cross - border dimension of criminality and the mobility of criminals . _________________ 45 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 , oj l 119 , 4 . 5 . 2016 . ### member states should make the necessary technical arrangement so that each time the end - users are entitled to carry out a search in a national police database they also search sis in parallel in accordance with article 4 of directive 2016 / 680 of the european parliament and of the council45 . this should ensure that sis functions as the main compensatory measure in the area without internal border controls and better address the cross - border dimension of criminality and the mobility of criminals . _________________ 45 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 , oj l 119 , 4 . 5 . 2016 .


### dactylographic data ; ### fingerprints ;


### an alert on a person may not be entered without the data referred to in article&#160 ; 20 , , , , as well as , where applicable , , except for in the situations referred to in article 40 . ### an alert on a person may not be entered without the data referred to in article&#160 ; 20 , , , , , , , as well as , where applicable , , except for in the situations referred to in article 40 .


### an alert on a person may not be entered without the data referred to in article 20 , , , , as well as , where applicable , , except for in the situations referred to in article 40 . ### an alert on a person may not be entered without the data referred to in article&#160 ; 20 , , &#160 ; , , , &#160 ; , , as well as , where applicable , , except for in the situations referred to in article 40 .


### alerts on unknown wanted persons for identification according to national law and search with biometric data ### alerts on unknown wanted persons for identification according to national law


### dactylographic data may also be used to identify a person . dactylographic data stored in sis shall be searched for identification purposes if the identity of the person cannot be ascertained by other means . ### fingerprints may also be used to identify a person . fingerprints stored in sis shall be searched for identification purposes if the identity of the person cannot be ascertained by other means .


### other law enforcement activities carried out for the prevention , detection and investigation of criminal offences within the member state concerned ; ### other law enforcement activities carried out for the prevention , detection and investigation of serious criminal offences within the member state concerned ;


### the european union agency for law enforcement cooperation shall have , within its mandate , the right to access and search data entered into sis . ### the european union agency for law enforcement cooperation shall have , within its mandate , the right , in accordance with articles 26 , 96 and 38 , to access and search data entered into sis .


### the use of information obtained from a search in the sis is subject to the consent of the member state concerned . if the member state allows the use of such information , the handling thereof by europol shall be governed by regulation 2016 / 794 . europol may only communicate such information to third countries and third bodies with the consent of the member state concerned . ### the use of information obtained from a search in the sis is subject to the consent of the member state concerned . if the member state allows the use of such information , the handling thereof by europol shall be governed by regulation 2016 / 794 . europol may not communicate such information to third countries and third bodies .


### the national members of eurojust and their assistants shall , within their mandate , have the right to access and search data entered in sis within their mandate , in accordance with articles&#160 ; 26 , 32 , 34 38 and&#160 ; 40 . ### the national members of eurojust and their assistants shall , within their mandate , have the right to access and search data entered in sis ii , in accordance with articles&#160 ; 26 , 32 , 34 and&#160 ; 38


### any use of data which does not comply with paragraphs 1 to 6 shall be considered as misuse under the national law of each member state . ### any use of data which does not comply with paragraphs 1 to 7 shall be considered as misuse under the national law of each member state .


### each member state shall send , to the agency , a list of its competent authorities which are authorised to search directly the data contained in sis pursuant to this regulation , as well as any changes to the list . the list shall specify , for each authority , which data it may search and for what purposes . the agency shall ensure the annual publication of the list in the official journal of the european union . ### each member state shall send , to the agency and the european data protection supervisor , a list of its competent authorities which are authorised to search directly the data contained in sis pursuant to this regulation , as well as any changes to the list . the list shall specify , for each authority , which data it may search and for what purposes . the agency shall ensure the annual publication of the list in the official journal of the european union .


### where the member states are unable to reach agreement within two months of the time when the evidence first came to light , as described in paragraph 3 , the member state which did not issue the alert shall submit the matter to the national supervisory authorities concerned for a decision . ### if the member states are unable to reach agreement within two months , the member state which did not issue the alert shall submit the matter to the european data protection supervisor who shall , jointly with the national supervisory authorities concerned , act as mediator .


### information regarding a security incident that has or may have an impact on the operation of sis in a member state or within the agency or on the availability , integrity and confidentiality of the data entered or sent by other member states shall be given to the member states and reported in compliance with the incident management plan provided by the agency . ### information regarding a security incident that has or may have an impact on the operation of sis in a member state or within the agency or on the availability , integrity and confidentiality of the data entered or sent by other member states shall be given to the european data protection supervisor and to the member states and reported in compliance with the incident management plan provided by the agency .


### any person has the right to have factually inaccurate data relating to him rectified or unlawfully stored data relating to him erased . ### any person , whether on eu territory or not , has the right to have factually inaccurate data relating to him rectified or unlawfully stored data relating to him erased


### any person may bring an action before the courts or the authority competent under the law of any member state to access , rectify , erase or obtain information or to obtain compensation in connection with an alert relating to him . ### any person , whether on eu territory or not , may bring an action before the courts or the authority competent under the law of any member state to access , rectify , erase or obtain information or to obtain compensation in connection with an alert relating to him .


### the national supervisory authority shall ensure that an audit of the data processing operations in its n . sis is carried out in accordance with international auditing standards at least every four years . the audit shall either be carried out by the national supervisory authority , or the national supervisory authority shall directly order the audit from an independent data protection auditor . the national supervisory authority shall at all times retain control over and undertake the responsibilities of the independent auditor . ### the national supervisory authority shall ensure that an audit of the data processing operations in its n . sis is carried out in accordance with international auditing standards at least every two years .


### the european data protection supervisor shall ensure that the personal data processing activities of the agency are carried out in accordance with this regulation . the duties and powers referred to in articles&#160 ; 46 and&#160 ; 47 of regulation no&#160 ; 45 / 2001 shall apply accordingly . ### the european data protection supervisor shall ensure that the personal data processing activities of the agency , and any other european agency , are carried out in accordance with this regulation . the duties and powers referred to in articles&#160 ; 46 and&#160 ; 47 of regulation no&#160 ; 45 / 2001 shall apply accordingly .


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


### for the purpose of paragraphs 3 , 4 and 5 of this article and of article 15 , the agency shall establish , implement and host a central repository in its technical sites containing the data referred to in paragraph 3 of this article and in article 15 which shall not allow for the identification of individuals and shall allow the commission and the agencies referred to in paragraph 5 to obtain bespoke reports and statistics . the agency shall grant access to member states , the commission , europol , eurojust and the european border and coast guard agency to the central repository by means of secured access through the communication infrastructure with control of access and specific user profiles solely for the purpose of reporting and statistics . ### for the purpose of paragraphs 3 , 4 and 5 of this article and of article 15 , the agency shall establish , implement and host a central repository in its technical sites containing the data referred to in paragraph 3 of this article and in article 15 which shall not allow for the identification of individuals and shall allow the commission and the agencies referred to in paragraph 5 to obtain bespoke reports and statistics . the agency shall , in response to their request , give access to member states , the commission , the european data protection supervisor , europol , eurojust and the european border and coast guard agency to the central repository specific elements and information solely for the purpose of reporting and statistics .


### two years after sis is brought into operation and every two years thereafter , the agency shall submit to the european parliament and the council a report on the technical functioning of central sis and the communication infrastructure , including the security thereof , and the bilateral and multilateral exchange of supplementary information between member states . ### one year after sis is brought into operation and every two years thereafter , the agency shall submit to the european parliament and the council a report on the technical functioning of central sis and the communication infrastructure , including the security thereof , and the bilateral and multilateral exchange of supplementary information between member states .


### three years after sis is brought into operation and every four years thereafter , the commission shall produce an overall evaluation of central sis and the bilateral and multilateral exchange of supplementary information between member states . that overall evaluation shall include an examination of results achieved against objectives , and an assessment of the continuing validity of the underlying rationale , the application of this regulation in respect of central sis , the security of central sis and any implications for future operations . the commission shall transmit the evaluation to the european parliament and the council . ### one year after sis is brought into operation and every two years thereafter , the commission shall produce an overall evaluation of central sis and the bilateral and multilateral exchange of supplementary information between member states . that overall evaluation shall take into account the opinion of the european data protection supervisor , include an examination of results achieved against objectives , and an assessment of the continuing validity of the underlying rationale , the application of this regulation in respect of central sis , the security of central sis and any implications for future operations . the commission shall transmit the evaluation to the european parliament , the agency for fundamental rights and the council .


### this regulation aims to lay down harmonised rules for the eu type - approval of engines to be installed in non - road mobile machinery , with a view to ensuring the functioning of the internal market . for these purposes , new emission limits should be established to reflect technological progress and ensure convergence with union policies in the on - road sector , with a view to achieving union air quality targets and reducing the emissions from non - road mobile machinery , thus resulting in a more proportionate share of machinery emissions in relation to road vehicle emissions . the scope of union legislation in this field should be broadened , with a view to improving market harmonisation at eu and international level and minimising the risk of market distortions . in addition , this regulation aims to simplify the current legal framework , including measures for simplifying administrative procedures , and to improve the general conditions for enforcement , in particular by strengthening the rules on market surveillance . ### this regulation aims to lay down harmonised rules for the eu type - approval of engines to be installed in non - road mobile machinery , with a view to ensuring the functioning of the internal market in the broader context of the on - going review of union air quality policy . for these purposes , new emission limits should be established to reflect technological progress and ensure convergence with union policies in the on - road sector , with a view to achieving union air quality targets and reducing the emissions from non - road mobile machinery , thus resulting in a more proportionate share of machinery emissions in relation to road vehicle emissions . the scope of union legislation in this field should be broadened , with a view to improving market harmonisation at eu and international level and minimising the risks of market distortions and of adverse health effects being caused through exhaust emissions . in addition , this regulation aims to simplify the current legal framework , including measures for simplifying administrative procedures , and to improve the general conditions for enforcement , in particular by strengthening the rules on market and on air pollution surveillance .


### where a manufacturer which has been granted an eu type - approval is obliged , in accordance with article 20 of regulation no 765 / 2008 , to recall engines placed on the market , whether installed or not in machinery , due to the fact that the engines represent a serious infringement of this regulation with regard to the protection of the environment , that manufacturer shall immediately inform the approval authority that granted the eu engine type - approval . ### where a manufacturer which has been granted an eu type - approval is obliged , in accordance with article 20 of regulation no 765 / 2008 , to recall engines placed on the market , whether installed or not in machinery , due to the fact that the engines represent an infringement of this regulation with regard to the protection of the environment and public health , that manufacturer shall immediately inform the approval authority that granted the eu engine type - approval .


### 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 not continue to grant type - approvals in accordance with the relevant legislation applicable on the date of entry into force of this regulation .


### 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 not 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 .


### the reports referred to in paragraphs 1 and 2 shall be based on a consultation of the relevant stakeholders and shall take into account existing related european and international standards . it shall be accompanied , where appropriate , by legislative proposals . ### the reports referred to in paragraphs 1 and 2 shall be based on a consultation of the relevant stakeholders , including public health authorities and environmental organisations , and shall take into account existing related european and international standards . it shall be accompanied , where appropriate , by legislative proposals . european stage vi levels for heavy duty on - road engines should serve as a benchmark for new standards for non - road mobile machinery engines .


### the framework for the screening of foreign direct investment should provide the member states and the commission with the means to address risks to security or public order in a comprehensive manner , and to adapt to changing circumstances , whilst maintaining the necessary flexibility for member states to screen foreign direct investments on grounds of security and public order taking into account their individual situations and national circumstances . ### the framework for the screening of foreign direct investment should provide the member states and the commission with the means to address risks to security or public order in a comprehensive manner , and to adapt to changing circumstances , whilst maintaining the necessary flexibility for member states to screen foreign direct investments on grounds of security and public order taking into account their individual situations and national circumstances . the nationalisation of one or more companies should be considered where there are risks to security or public order , when the sectors concerned are of strategic importance to the national economy .


### 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 on the grounds of security or public order , under the conditions and in accordance with the terms set out in this regulation . nationalisation shall be considered a means to employ when security or public order is at stake .


### a wide variety of indices is currently grouped together as low carbon indices . those low carbon indices are used as benchmarks for investment portfolios and products that are sold across borders . the quality and integrity of low carbon benchmarks affect the effective functioning of the internal market in a wide variety of individual and collective investment portfolios . many low carbon indices used as performance measures for investment portfolios , in particular for segregated investment accounts and collective investment schemes , are provided in one member state but used by portfolio and asset managers in other member states . in addition , portfolio and asset managers often hedge their carbon exposure risks by using benchmarks produced in other member states . ### a wide variety of indices is currently grouped together as low carbon indices . those low carbon indices are used as benchmarks for investment portfolios and products that are sold across borders . the quality and integrity of low carbon benchmarks affect the effective functioning of the internal market in a wide variety of individual and collective investment portfolios . many low carbon indices used as performance measures for investment portfolios , in particular for segregated investment accounts and collective investment schemes , are provided in one member state but used by portfolio and asset managers in other member states . in addition , portfolio and asset managers often hedge their carbon exposure risks by using benchmarks produced in other member states . through all of this , however , it should be stressed that climate change measures should not fall prey to the whim of the finance markets .


### therefore , to maintain the proper functioning of the internal market , to further improve the conditions of its functioning , and to ensure a high level of consumer and investor protection , it is appropriate to adapt regulation 2016 / 1011 to lay down a regulatory framework for harmonised low carbon benchmarks at union level . ### therefore , to maintain the proper functioning of the internal market , to further improve the conditions of its functioning , and to ensure a high level of consumer and investor protection , it is appropriate to adapt regulation 2016 / 1011 to lay down a regulatory framework for harmonised low carbon benchmarks at union level , bearing in mind at all times that the ultimate aim of these measures is to effect positive climate change , and not simply as a money - making instrument for the financial markets .


### to facilitate mobility , to ensure the safety of navigation and the protection of human life , it is essential for deck crew members , persons in charge of emergency situations on board passenger vessels and persons involved in the bunkering of liquefied natural gas - fuelled vessels to hold certificates of qualification proving their qualifications . for efficient enforcement , they should carry such certificates while exercising their occupation . ### to facilitate mobility and to ensure the safety of navigation and the protection of human life and the environment , it is essential for deck crew members , regardless of whether they are on passenger or bunkering vessels , especially persons in charge of emergency situations on board passenger vessels and persons involved in the bunkering of vessels , to hold certificates of qualification proving their qualifications . additionally , certified qualifications will improve labour market opportunities and the recognition of qualifications . for efficient enforcement , they should carry such certificates while exercising their occupation .


### 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 with navigable inland waterways should be allowed , where practicable , to assess the necessary competence for addressing specific risks for navigation for inland waterway stretches in the union where such risks are identified .


### authorities , including in third countries , issuing certificates of qualifications , service record books and logbooks in accordance with rules that are identical to those of this directive are processing personal data . for the purpose of evaluation of the directive , for statistical purposes , for maintaining safety , for ease of navigation and in order to facilitate the exchange of information between the authorities involved in the implementation and enforcement of this directive , these authorities and , where relevant , international organisations that established these identical rules , should also have access to the database kept by the commission . this access should however be subject to adequate level of data protection , including of personal data . ### authorities , including in third countries , issuing certificates of qualifications , service record books and logbooks in accordance with rules that are identical to those of this directive are processing personal data . for the purpose of evaluation of the directive , for statistical purposes , for maintaining safety , for ease of navigation and in order to facilitate the exchange of information between the authorities involved in the implementation and enforcement of this directive , these authorities and , where necessary , international organisations that established these identical rules , should also have access to the database kept by the commission . this access should however be subject to a high level of data protection , specifically in the case of personal data .


### in order to provide minimum harmonised standards for the certification of qualifications and to facilitate the exchange of information between member states and the implementation , monitoring and evaluation of this directive by the commission , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission as regards the setting of standards of competence , standards for medical fitness , standards for practical examinations , standards for the approval of simulators and standards defining the characteristics and conditions of use for a database kept by the commission to host a copy of key data related to union certificates of qualifications , service record books , logbooks and recognised documents . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level . the commission when preparing and drawing up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council . ### in order to provide the required harmonised standards for the certification of qualifications and to facilitate the exchange of information between member states and the implementation , monitoring and evaluation of this directive by the commission , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission as regards the setting of standards of competence based on cesni standards , standards for medical fitness , standards for practical and oral examinations , standards for the approval of simulators and standards defining the characteristics and conditions of use for a database kept by the commission to host a copy of key data related to union certificates of qualifications , service record books , logbooks and recognised documents . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level . the commission when preparing and drawing up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council .


### the cesni which is open to experts from all member states , draws up standards in the field of inland navigation , including for professional qualifications . the commission may take into account such standards when empowered to adopt acts in conformity with this directive . ### the cesni which is open to experts from all member states , river commissions and social partners shall be fully involved in the design and drawing up of standards in the field of inland navigation , including for professional qualifications . with the exception of stretches of navigable waterways in which member states deem there to be specific risks , the commission may only act on cesni standards when empowered to adopt acts in conformity with this directive .


### since the objective of this directive , namely establishing a common framework on the recognition of professional qualifications in inland navigation , cannot be sufficiently achieved by the member states but can rather , by reason of its scale and effects , be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this directive does not go beyond what is necessary in order to achieve that objective . ### since the objective of this directive , namely establishing a common framework on the recognition of minimum professional qualifications in inland navigation , cannot be sufficiently achieved by the member states but can rather , by reason of its scale and effects , be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union in accordance with the principle of proportionality , as set out in that article , this directive does not go beyond what is necessary in order to achieve that objective .


### ‘ deck crew members’ means persons involved in the operation of a vessel navigating on union inland waterways carrying out tasks related to navigation , cargo handling , stowage , maintenance or repair , with the exception of persons solely assigned to the operation of the engines , electrical and electronic equipment ; ### ‘ deck crew members’ means persons involved in the operation of a vessel navigating on union inland waterways carrying out tasks related to navigation , controlling the operation of the vessel , marine engineering , communication , safety , health and environmental protection , cargo handling , stowage , maintenance or repair , with the exception of persons solely assigned to the operation of the engines , electrical and electronic equipment ;


### ‘ passenger navigation expert’ means a person competent to take measures in emergency situations on board passenger vessels ; ### ‘ passenger navigation expert’ means a person serving on board the vessel who is competent to take measures in emergency situations on board passenger vessels ;


### the commission shall be empowered to adopt delegated acts in accordance with article 29 to lay down the standards for competences and corresponding knowledge and skills in compliance with the essential requirements set out in annex ii . ### the commission shall be empowered to adopt delegated acts in accordance with article 29 laying down on the basis of cesni standards the standards for competences and corresponding knowledge and skills in compliance with the essential requirements set out in annex ii .


### member states shall ensure that examinations referred to in article 15 are organised under their responsibility . they shall ensure that those examinations are conducted by examiners qualified to assess the competences and the corresponding knowledge and skills referred to in article 15 . ### member states with navigable inland waterways shall ensure that examinations referred to in article 15 are organised under their responsibility . they shall ensure that those examinations are conducted by examiners qualified to assess the competences and the corresponding knowledge and skills referred to in article 15 .


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


### the member states that identify inland waterways stretches with specific risks in the meaning of article 8 , shall define the additional competence required from boatmasters navigating on these stretches and the means to prove that such requirements are met . ### the member states themselves shall identify inland waterways stretches which run through their own territories and pose specific risks within the meaning of article 8 . the member states shall define the additional competence required from boatmasters navigating on these stretches and the means to prove that such competence requirements are met .


### simulators used for the assessment of competences shall be subject to an approval by member states . that approval shall be issued upon request when it is demonstrated that the device complies with the standards for simulators established by delegated acts referred to in paragraph 2 . the approval shall specify which particular assessment of competence is authorised as regards the simulator . ### simulators used for training shall be of a comparable standard to those used for the assessment of competences . both shall be subject to an approval by member states . that approval shall be issued upon request when it is demonstrated that the device complies with the standards for simulators established by delegated acts referred to in paragraph 2 . the approval shall specify which particular assessment of competence is authorised as regards the simulator .


### - have a minimum of five years ' work experience prior to the enrolment of an approved training programme ; ### - have a minimum of five years ' work experience prior to the enrolment of an approved training programme of a duration of not less than two years ;


### 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 . ### to meet those objectives , the ees should process alphanumeric data . in view of its impact on the privacy of travellers , the use of biometrics shall be permitted only on an exceptional basis and for clearly determined purposes , taking account of the precise aims that the using authorities seek to attain . when data are used to identify third country nationals within the territory of the member states not in possession of travel documents or any other means of identification , that use should take account of the situation of the persons concerned with regard to their country of origin and should not under any circumstances be able to prevent the implementation of the 1951 geneva convention . the alleged reliability of biometrics , irrespective of the situation of travellers , cannot be adduced without taking into account the consequences of the use of this resource in relation to the rights of the persons concerned . as for the use of facial images in combination with fingerprint data , it should be considered only with the aim of permitting a substantial reduction in the number of fingerprints registered , taking into account the risks associated with these multiple collections of data with reference to the fundamental rights of the persons concerned ;


### the proposal establishes strict access rules to the ees system and the necessary safeguards . it also sets out the individuals ' rights of access , correction , deletion and redress , in particular the right to a judicial remedy and the supervision of processing operations by public independent authorities . this regulation therefore respects the fundamental rights and observes the principles recognised by the charter of fundamental rights of the european union , in particular the right to dignity ; the prohibition of slavery and forced labour ; the right to liberty and security , respect for private and family life , the protection of personal data , the right to non - discrimination , the rights of the child , the rights of elderly , the rights of persons with disabilities and the right to an effective remedy . ### the proposal establishes strict access rules to the ees system and the necessary safeguards in the light of the principles on the protection of persons and the principle of respect for fundamental rights as defined by european and international law . it sets out , in particular , the individuals ' rights of access , correction , deletion and redress , in particular the right to a judicial remedy and the supervision of processing operations by public independent authorities . this regulation therefore respects the fundamental rights and observes the principles recognised by the universal declaration of human rights , the 1951 geneva convention and the charter of fundamental rights of the european union , in particular the right to dignity ; the prohibition of slavery and forced labour ; the right to liberty and security , the right of asylum , respect for private and family life , the right to family reunification , the right to health , the protection of personal data , the right to non - discrimination , the rights of the child , the rights of elderly , the rights of persons with disabilities and the right to an effective remedy .


### 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 ' whose primary aim is 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 and the duration of their stay , 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 has been refused as well as the authority of the member state which refused the entry and the reasons for the refusal .


### ' supervisory authority ' means the supervisory authorities established in accordance with article 28 of directive 95 / 46 / ec ; ### ' independent supervisory authority ' means the supervisory authorities established in accordance with article 28 of directive 95 / 46 / ec ;


### each competent authority shall ensure that in using the ees , it does not discriminate against third country nationals on the grounds of sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation and that it fully respects human dignity and the integrity of the person . particular attention shall be paid to the specific situation of children , the elderly and persons with a disability . in particular , when retaining a child ' s data , the best interest of the child shall be a primary consideration . ### each competent authority shall ensure that in using the ees , it does not discriminate against third country nationals on the grounds of sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation and that it fully respects human dignity and the integrity of the person . particular attention shall be paid to the specific situation of children , and unaccompanied minors in particular , women , the elderly and persons with a disability . in particular , when retaining a child ' s data , the best interest of the child shall be a primary consideration . specific files for minors under 16 years of age cannot be established therefore , aside from specific registration in the file of the parent or parents travelling with the minor .


### 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 . ### the third country national concerned shall then be asked to show that he or she has respected the conditions relating to the condition of short stay , including where the personal circumstances of the third country national have changed since the person entered the territory . 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 designated authority and the central access point may be part of the same organisation if permitted under national law , but the central access point shall act independently when performing its tasks under this regulation . the central access point shall be separate from the designated authorities and shall not receive instructions from them as regards the outcome of the verification . ### the designated authority and the central contact point may be part of the same organisation if permitted under national law , but the central contact point shall act independently when performing its tasks under this regulation . the central contact point shall be separate from the designated authorities and shall not receive instructions from them as regards the outcome of the verification .


### in an exceptional case of urgency , where there is a need to prevent an imminent danger associated with a terrorist offence or another serious criminal offence , the central access point shall process the request immediately and shall only verify ex post whether all the conditions of article 29 are fulfilled , including whether an exceptional case of urgency actually existed . the ex post verification shall take place without undue delay after the processing of the request . ### in an exceptional case of urgency , where there is a need to prevent an imminent danger associated with a terrorist offence or another serious criminal offence , the central contact point shall , exceptionally , have the right to process the request immediately and shall only verify ex post whether all the conditions of article 29 are fulfilled , including whether an exceptional case of urgency actually existed . the ex post verification shall take place within 24 hours after the processing of the request .


### access for consultation is necessary for the purpose of the prevention , detection or investigation of a terrorist offences or another serious criminal offence , thus making a search of the database proportionate if there is an overriding public security concer [ n ] ; ### consultation is necessary for the purpose of the prevention , detection or investigation of a terrorist offences or another serious criminal offence , and must be duly justified so that an ex post check can be undertaken to verify whether the request was made for the original purpose , and whether it was justified and proportionate in the light of the interest invoked .


### 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 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 or perpetrator of a terrorist offence or other serious criminal offence falls under a category covered by this regulation .


### the access to the ees as a criminal identification tool for the purpose of identifying an unknown suspect , perpetrator or suspected victim of a terrorist offence or other serious criminal offence shall be allowed when the conditions listed in paragraph 1 are met and the following additional conditions are met : ### consultation of the ees as a criminal identification tool for the purpose of identifying an unknown suspect or perpetrator of a terrorist offence or other serious criminal offence shall be allowed when the conditions listed in paragraph 1 are met and the following additional conditions are met :


### consultation of the ees for the travel history of the third country national concerned shall be limited to searching with any of the following ees data in the individual file or in the entry / exit records : ### consultation of the ees for the travel history of the third country national concerned shall be limited to searching with any of the following ees data in the individual file or in the entry / exit records . any consultation in this field must be particularly substantiated and justified in the light of the risks of breaches of fundamental rights inherent in requests of this type .


### the consultation is necessary to support and strengthen action by member states in preventing , detecting or investigating terrorist offences or other serious criminal offences falling under europol ' s mandate , thus making a search of the database proportionate if there is an overriding public security concern ; ### consultation , with full regard for the principle of necessity , should take place only where there is significant , convergent and cogent evidence relating to the prevention , detection or investigation of terrorist offences or other serious criminal offences , and must be duly justified so that an ex post check can be undertaken to verify whether the request was made for the original purpose , and whether it was justified and proportionate in the light of the interest invoked .


### if the member state responsible has evidence to suggest that data recorded in the ees are factually inaccurate or that data were processed in the ees in contravention of this regulation , it shall check the data concerned and , if necessary , amend or erase them without delay from the ees and , where applicable , from the list of identified persons referred to in article 11 . this may also be done at the request of the person concerned in accordance with article 46 . ### if the member state responsible has evidence to suggest that data recorded in the ees are factually inaccurate or that data were processed in the ees in contravention of this regulation , it shall check the data concerned and , if necessary , amend or erase them without delay from the ees and , where applicable , from the list of identified persons referred to in article 11 . this must also be done at the request of the person concerned in accordance with article 46 .


### by way of derogation from paragraphs 1 and 2 , if a member state other than the member state responsible has evidence to suggest that data recorded in the ees are factually inaccurate or that data were processed in the ees in contravention of this regulation , it shall check the data concerned if it is possible to do this without consulting the member state responsible and , if necessary , amend or erase them from the ees without delay and , where applicable , from the list of identified persons referred to in article 11 . otherwise the member state shall contact the authorities of the member state responsible within a time limit of 14 days and the member state responsible shall check the accuracy of the data and the lawfulness of its processing within a time limit of one month . this may also be done at the request of the person concerned in accordance with article 46 . ### by way of derogation from paragraphs 1 and 2 , if a member state other than the member state responsible has evidence to suggest that data recorded in the ees are factually inaccurate or that data were processed in the ees in contravention of this regulation , it shall check the data concerned if it is possible to do this without consulting the member state responsible and , if necessary , amend or erase them from the ees without delay and , where applicable , from the list of identified persons referred to in article 11 . otherwise the member state shall contact the authorities of the member state responsible within a time limit of 14 days and the member state responsible shall check the accuracy of the data and the lawfulness of its processing within a time limit of one month . this may also be done at the request of the person concerned in accordance with article 46 . any person whose data have been amended must at all events be informed of the amendments in question concerning his or her individual file and the records in it , and must have the opportunity to appeal , including before the courts , in order to alter inaccurate information .


### a member state may keep the alphanumeric data which that member state entered into the ees , in accordance with the purposes of the ees in its national files and national entry exit system in full respect of union law . ### a member state may only exceptionally keep the alphanumeric data which that member state entered into the ees , in accordance with the purposes of the ees in its national files and national entry exit system , and may do so only with regard to individual cases , where it is strictly necessary , with the agreement of the independent supervisory authority and in accordance with european data protection law , in full respect of union law .


### the data shall not be kept in the national files or national entry / exit systems longer than it is kept in the ees . ### the data shall not be kept in the national files or national entry / exit systems longer than is strictly necessary for its individual purposes and , at all events , no longer than it is kept in the ees .


### the data are transferred or made available in accordance with the relevant provisions of union law , in particular readmission agreements , and the national law of the member state which transferred or made the data available , including the legal provisions relevant to data security and data protection ; ### the data are transferred or made available in accordance with the relevant provisions of union law , in particular regarding data protection , and the national law of the member state which transferred or made the data available , including the legal provisions relevant to data security and data protection ;


### without prejudice to article 12 of directive 95 / 46 / ec any third country national shall have the right to obtain the data relating to him or her recorded in the ees and of the member state which transmitted it to the ees . ### without prejudice to article 12 of directive 95 / 46 / ec any third country national shall have the right to obtain the data relating to him or her recorded in the ees and of the member state which transmitted it to the ees and the right to request correction or deletion of inaccurate data or data which have been stored in error or fraudulently .


### in the event that visa - related data recorded in the ees are factually incorrect or have been recorded unlawfully , the member state responsible or , where applicable , the member state to which the request has been made shall first check the accuracy of these data against the vis and if necessary will amend them in the ees . should the data recorded in the vis be the same as in the ees , the member state responsible or the member state to which the request was made , shall contact the authorities of the member state responsible for entering these data in the vis within a time limit of 14 days . the member state responsible for entering the data in the vis shall check the accuracy of the visa related data and the lawfulness of its processing in the ees within a time limit of one month and inform the member state responsible or the member state to which the request has been made which shall , if necessary , amend or erase them without delay from the ees and , where applicable , from the list of persons referred to in article 11 . ### in the event that visa - related data recorded in the ees are factually incorrect or have been recorded unlawfully , the member state responsible or , where applicable , the member state to which the request has been made shall first check the accuracy of these data against the vis and if necessary will amend them in the ees . should the data recorded in the vis be the same as in the ees , the member state responsible or the member state to which the request was made , shall contact the authorities of the member state responsible for entering these data in the vis within a time limit of seven days . the member state responsible for entering the data in the vis shall check the accuracy of the visa related data and the lawfulness of its processing in the ees within a time limit of seven days and inform the member state responsible or the member state to which the request has been made which shall , if necessary , amend or erase them without delay from the ees and , where applicable , from the list of persons referred to in article 11 . pending the amendments , no measure may be taken with regard to the person concerned on the basis of the contested information .


### if the member state responsible or , where applicable , the member state to which the request has been made does not agree that data recorded in the ees are factually inaccurate or have been recorded unlawfully , that member state shall adopt an administrative decision explaining in writing to the person concerned without delay why it is not prepared to correct or delete data relating to him . ### if the member state responsible or , where applicable , the member state to which the request has been made does not agree that data recorded in the ees are factually inaccurate or have been recorded unlawfully , that member state shall adopt an administrative decision within seven days explaining immediately and in writing to the person concerned why it is not prepared to correct or delete data relating to him . the person concerned must have the opportunity to appeal before the courts , with suspensive effect , as soon as possible .


### whenever a person requests data relating to him in accordance with paragraph 2 , the competent authority shall keep a record in the form of a written document that such a request was made and how it was addressed and by which authority and shall make that document available to the national supervisory authorities without delay . ### whenever a person requests data relating to him in accordance with paragraph 2 , the competent authority shall keep a record in the form of a written document that such a request was made and how it was addressed and by which authority and shall make that document available to the national supervisory authorities within seven days . a copy of that document shall also be issued to the person concerned .


### member states shall ensure that their supervisory authority has sufficient resources to fulfil the tasks entrusted to it under this regulation . ### member states shall ensure that their independent supervisory authority has sufficient resources to fulfil the tasks entrusted to it under this regulation .


### the european data protection supervisor shall ensure that the personal data processing activities of eu - lisa concerning the ees are carried out in accordance with this regulation . ### the european data protection supervisor shall ensure that the personal data processing activities of eu - lisa concerning the ees are carried out in accordance with this regulation . for those purposes , the european data protection supervisor must have the necessary resources , including material resources and the necessary information .


### 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 an information system containing the data referred to in paragraph 1 which would not allow for the identification of individuals and would assist the production of reports and statistics on the entries and exits , to help consulates processing the visa applications , to support evidence - based union migration policymaking and to improve protection of fundamental rights when crossing borders . 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 .


### at the request of the commission , eu - lisa shall provide it with statistics on specific aspects related to the implementation of this regulation as well as the statistics pursuant to paragraph 3 . ### eu - lisa shall provide the commission , the european parliament and the european data protection supervisor , at their request , with statistics on specific aspects related to the implementation of this regulation as well as the statistics pursuant to paragraph 3 .


### the costs incurred in connection with the establishment and operation of the central system , the communication infrastructure and the national uniform interface shall be borne by the general budget of the union . ### the costs incurred in connection with the establishment and operation of the central system , the communication infrastructure , the national uniform interface and the costs of half of the automatic control systems , self - service systems and e - gates which are necessary at the borders of member states shall be borne by the general budget of the union .


### ' in accordance with the 1989 united nations convention on the rights of the child and with the charter of fundamental rights of the european union , the best interests of the child should be a primary consideration of member states when applying this regulation . in assessing the best interests of the child , member states should , in particular , take due account of the minor ' s well - being and social development , safety and security considerations and the views of the minor in accordance with his or her age and maturity , including his or her background . in addition , specific procedural guarantees for unaccompanied minors should be laid down on account of their particular vulnerability . ' ### - 1a . recital 13 shall be replaced by the following : ' 13 . in accordance with the 1989 united nations convention on the rights of the child and with the charter of fundamental rights of the european union , the best interests of the child should be a primary consideration of member states when applying this regulation . in assessing the best interests of the child , member states should , in particular , take due account of the minor ' s well - being and social development , safety and security considerations and the views of the minor in accordance with his or her age and maturity , including his or her background . the assessment of the best interests of the child in the context of the decision on the determination of the member state responsible for examining an application for international protection should always be carried out on an individual basis* and before the decision on the member state responsible is taken . in addition , specific procedural guarantees for unaccompanied minors should be laid down on account of their particular vulnerability in line with 2008 unhcr guidelines on determining the best interests of the child . ______________________________ *general comment no14 on the right of the child to have his or her best interests taken as a primary consideration ) , 48 ) . '


### where the unaccompanied minor has no family member , sibling or relative legally present in a member state as referred to in paragraphs 1 and 2 , the member state responsible shall be the one where the unaccompanied minor has lodged an application for international protection and is present , provided that this is in the best interests of the minor . ### where the unaccompanied minor has no family member , sibling or relative legally present in a member state as referred to in paragraphs 1 and 2 , the member state responsible shall be the one where the unaccompanied minor has lodged an application for international protection and is present , provided that this is in the best interests of the child .


### those rights and values must continue to be promoted and enforced and shared among the citizens and peoples and be at the heart of the eu project . therefore , a new justice , rights and values fund , comprising the rights and values and the justice programmes shall be created in the eu budget . at a time where european societies are confronted with extremism , radicalism and divisions , it is more important than ever to promote , strengthen and defend justice , rights and eu values : human rights , respect for human dignity , freedom , democracy , equality , the rule of law . this will have profound and direct implications for political , social , cultural and economic life in the eu . as part of the new fund , the justice programme will continue to support the further development of union area of justice and cross - border cooperation . the rights and values programme will bring together the 2014 - 2020 programme rights , equality and citizenship established by regulation no 1381 / 2013 of the european parliament and of the council8 and the europe for citizens programme established by council regulation no 390 / 20149 , . _________________ 8 regulation no 1381 / 2013 of the european parliament and of the council of 17 december 2013 establishing a rights , equality and citizenship programme for the period 2014 to 2020 9 council regulation no 390 / 2014 of 14 april 2014 establishing the ‘ europe for citizens’ programme for the period 2014 - 2020 ### those rights and values must continue to be promoted and enforced and shared among the citizens and peoples and be at the heart of the eu project . therefore , a new justice , rights and values fund , comprising the rights and values and the justice programmes shall be created in the eu budget . at a time where european societies are confronted with extremism , radicalism and divisions , it is more important than ever to promote , strengthen and defend justice , rights and eu values : human rights , including the rights of the persons belonging to minorities , children and youth rights , respect for human dignity , freedom , democracy , equality , the rule of law . this will have profound and direct implications for political , social , cultural and economic life in the eu . the rights and values programme will bring together the 2014 - 2020 programme rights , equality and citizenship established by regulation no 1381 / 2013 of the european parliament and of the council8 and the europe for citizens programme established by council regulation no 390 / 20149 , . _________________ 8 regulation no 1381 / 2013 of the european parliament and of the council of 17 december 2013 establishing a rights , equality and citizenship programme for the period 2014 to 2020 9 council regulation no 390 / 2014 of 14 april 2014 establishing the ‘ europe for citizens’ programme for the period 2014 - 2020