### the justice , rights and values fund and its two underlying funding programmes will focus primarily on people and entities , which contribute to make our common values , rights and rich diversity alive and vibrant . the ultimate objective is to nurture and sustain rights - based , equal , inclusive and democratic society . that includes a vibrant civil society , encouraging people ' s democratic , civic and social participation and fostering the rich diversity of european society , based on our common history and memory . article 11 of the treaty of the european union further specifies that the institutions shall , by appropriate means , give citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of union action . ### the justice , rights and values fund and its two underlying funding programmes will focus primarily on people and entities , which contribute to make our common values , rights and rich diversity alive and vibrant . the ultimate objective is to nurture and sustain rights - based , equal , inclusive and democratic society . that includes sustaining and strengthening an active civil society , encouraging and ensuring people ' s democratic , civic , social and cultural participation and fostering the rich diversity of the european society , based on our common values . article 11 of the treaty of the european union further specifies that the institutions shall , by appropriate means , give citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of union action .


### in order to bring the european union closer to its citizens , a variety of actions and coordinated efforts are necessary . bringing together citizens in town - twinning projects or networks of towns and supporting civil society organisations in the areas covered by the programme will contribute to increase citizens ' engagement in society and ultimately their involvement in the democratic life of the union . at the same time supporting activities promoting mutual understanding , diversity , dialogue and respect for others fosters a sense of belonging and a european identity , based on a shared understanding of european values , culture , history and heritage . the promotion of a greater sense of belonging to the union and of union values is particularly important amongst citizens of the eu outermost regions due to their remoteness and distance from continental europe . ### in order to bring the european union closer to its citizens , to foster the european citizenship , to improve the conditions for civic and democratic participation , to empower citizens to make use of their rights , a variety of actions and coordinated efforts are necessary . bringing together citizens in town - twinning projects or networks of towns and supporting civil society organisations at the local , regional , national and transnational level in the areas covered by the programme will contribute to increase citizens ' engagement in society and ultimately their involvement in the democratic life of the union . at the same time supporting activities promoting mutual understanding , cultural awareness and expression , diversity , dialogue and respect for others fosters a sense of belonging and a european identity , based on a shared understanding of european values , culture , history and heritage . the promotion of a greater sense of belonging to the union and of union values is particularly important amongst citizens of the eu outermost regions due to their remoteness and distance from continental europe .


### remembrance activities and critical reflection on europe’s historical memory are necessary to make citizens aware of the common history , as the foundation for a common future , moral purpose and shared values . the relevance of historical , cultural and intercultural aspects should also be taken into account , as well as the links between remembrance and the creation of a european identity and sense of belonging together . ### remembrance activities and critical and creative thinking on europe’s historical memory are necessary to make citizens aware of the common history and values of the union . recognition should also be given to tolerance , cultural and intercultural aspects and dialogue , in order to promote a common ground based on integration , inclusion and peace . .


### attitudinal and environmental barriers as well as lack of accessibility hinder the full and effective participation of people with disabilities in society , on an equal basis with others . people with disabilities are faced with barriers to , among other things , access the labour market , benefit from an inclusive and quality education , avoid poverty and social exclusion , enjoy access to cultural initiatives and media , or use their political rights . as a party to the united nations convention on the rights of persons with disabilities , the union and all its member states have committed to promote , protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities . the provisions of the uncrpd have become an integral part of the union legal order . ### attitudinal and environmental barriers as well as lack of accessibility hinder the full and effective participation of people with disabilities in society , on an equal basis with others . people with disabilities are faced with barriers to , among other things , access to the labour market , benefit from an inclusive and quality education , avoiding poverty and social exclusion , enjoy access to culture , cultural initiatives and media and use of their political rights . as a party to the united nations convention on the rights of persons with disabilities , the union and all its member states have committed to promote , protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities . the provisions of the uncrpd have become an integral part of the union legal order .


### in order to ensure efficient allocation of funds from the general budget of the union , it is necessary to ensure the european added value of all actions carried out , their complementarity to member states’ actions , while consistency , complementarity and synergies shall be sought with funding programmes supporting policy areas with close links to each other , in particular within the justice , rights and values fund — and thus with the justice programme — as well as with creative europe programme , and erasmus + to realise the potential of cultural crossovers in the fields of culture , media , arts , education and creativity . it is necessary to create synergies with other european funding programmes , in particular in the fields of employment , internal market , enterprise , youth , health , citizenship , justice , migration , security , research , innovation , technology , industry , cohesion , tourism , external relations , trade and development . ### in order to ensure efficient allocation of funds from the general budget of the union , it is necessary to ensure the european added value of all actions carried out , their complementarity to member states’ actions . transparent and clearly defined synergies may be sought with funding programmes supporting policy areas with close links to each other , in particular within the justice , rights and values fund — and thus with the justice programme — as well as with creative europe programme , and erasmus + to realise the potential of cultural crossovers in the fields of culture , media , arts , and formal , non - formal and informal education and creativity . synergies with erasmus + would also mean supporting youth civil society to upscale their activities with a particular focus on youth participation in decision - making and policy processes at local , national and transnational levels .


### eur [ 233 . 000 . 000 ] for the specific objective referred to in article 2 ; ### eur [ 500 000 000 ] for the specific objective referred to in article 2 ; approximately 5% of the total budget for this objective to be allocated to remembrance activities , 75% to democratic participation , 10% to promotional activities and 10% to administration ;


### the performance reporting system shall ensure that data for monitoring programme implementation and results are collected efficiently , effectively , and in a timely manner . to that end , proportionate reporting requirements shall be imposed on recipients of union funds and member states . ### the performance reporting system shall ensure that data for monitoring programme implementation and results are conceived and collected efficiently , effectively , and in a timely manner . participation of the entities involved in the programme shall be ensured to that end . proportionate reporting requirements shall be imposed on recipients of union funds and member states .


### equality between men and women is a fundamental principle of the union . according to article 3 of the treaty on european union the promotion of equality between women and men is one of the union ' s aims . similarly , article 23 of the charter of fundamental rights of the european union requires equality between women and men to be ensured in all areas , including employment , work and pay . ### gender equality is a fundamental principle of the union . according to article 3 of the treaty on european union , combatting social exclusion and discrimination , promoting social justice and protection , equality between women and men , solidarity between generations and protection of the rights of the child are aims of the union . similarly , under title iii of the charter of fundamental rights of the european union everyone is equal before the law and moreover articles 21 and 23 prohibits discrimination and requires equality to be ensured in all areas , including employment , work and pay .


### work - life balance remains however a considerable challenge for many parents and workers with caring responsibilities , with a negative impact on female employment . a major factor contributing to the underrepresentation of women in the labour market is the difficulty of balancing work and family obligations . when they have children , women tend to work less hours in paid employment and spend more time fulfilling unpaid care responsibilities . having an ill or dependent relative has also been shown to have a negative impact on female employment , leading some women to drop out of the labour market entirely . ### work - life balance remains however a considerable challenge for many parents and workers with caring responsibilities , with a negative impact mainly on female employment . a determining factor contributing to the underrepresentation of women in the labour market , aside from discrimination in access to work and in their employment status and payment and in the types of work open to them , is the difficulty of balancing work and family responsibilities . owing to the worsening employment conditions and relations , wage discrimination and low salaries , all of which affect women in particular , the low levels of social protection and maternity and paternity rights protection , along with the limited provision of help with childcare , when they have children , women tend to work less hours in paid employment and spend more time fulfilling unpaid care responsibilities . having an ill or dependent relative has also been shown to have a more obvious negative impact on female employment , leading a significant number of women to drop out of the labour market entirely .


### the current union legal framework provides limited incentives for men to assume an equal share of caring responsibilities . lack of paid paternity and parental leave in many member states contributes to the low take - up of such leave by fathers . the imbalance in the design of work - life balance policies between women and men reinforces gender differences between work and care . conversely , use of work - life balance arrangements by fathers , such as leave or flexible working arrangements , has been shown to have a positive impact in reducing the relative amount of unpaid family work undertaken by women and leaving them more time for paid employment . ### the current union legal framework provides limited incentives for men to assume an equal share of caring responsibilities . lack of fully paid paternity and parental leave in many member states contributes to the low take - up of such leave by fathers and therefore not only puts fathers off taking it but also fuels inequality and discrimination between men and women who , on average in the eu , are paid 16 . 2% less than men . the imbalance in the design of work - life balance policies between women and men reinforces gender differences between work and care . conversely , use of work - life balance arrangements by fathers has been shown to have a positive impact in reducing the relative amount of unpaid family work undertaken by women and leaving them more time for paid employment .


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


### this directive lays down minimum requirements related to paternity , parental and carers ' leave and to flexible working arrangements for parents and workers with caring responsibilities . by facilitating the reconciliation of work and family life for parents and carers , this directive should contribute to the treaty - based goals of equality between men and women with regard to labour market opportunities , equal treatment at work and the promotion of a high level of employment in the union . ### this directive lays down minimum requirements related to paternity , parental and carers ' leave and to flexible working arrangements for parents and workers with caring responsibilities , while respecting national rules on leave and flexible working arrangements that comply with the requirements of this directive and enabling member states and the social partners to determine the specific provisions thereof . the directive fully respects the freedom and preferences of workers and families to organise their lives and does not impose on them any obligation to avail themselves of its provisions . if a wide margin of manoeuvre for decision - making is achieved at individual and national level , by facilitating the reconciliation of work and family life for parents and carers , this directive should contribute to the treaty - based goals of equality between men and women with regard to labour market opportunities , equal treatment at work and the promotion of a high level of employment in the union , as well as of a decent standard of living for workers and their families .


### this directive should apply to all workers who have employment contracts or other employment relationships . as is currently the case under clause 2 of the annex to directive 2010 / 18 / eu , this should include contracts relating to employment or employment relationships of part - time workers , fixed - term contract workers or persons with a contract of employment or employment relationship with a temporary agency . ### this directive should apply to all workers who have employment contracts or other employment relationships . as is currently the case under clause 2 of the annex to directive 2010 / 18 / eu , this should include contracts relating to employment or employment relationships of part - time workers , fixed - term contract workers or persons with a contract of employment or employment relationship with a temporary agency including atypical workers , domestic workers and people engaged in an activity in a self - employed capacity .


### as the majority of fathers do not avail themselves of their right to parental leave or transfer a considerable proportion of their leave entitlement to mothers , in order to encourage the second parent to take parental leave , this directive , while maintaining the right of each parent to at least four months of parental leave currently provided for by directive 2010 / 18 / eu , extends from one to four months the period of parental leave which cannot be transferred from one parent to the other . ### the majority of fathers do not avail themselves of their right to parental leave or transfer a considerable proportion of their leave entitlement to mothers because the salary percentage that they forfeit by taking the leave penalises the household too much and , taken together , these decisions serve to perpetuate gender inequalities . at the same time , owing to an absence of effective mechanisms for monitoring the application of labour law , sometimes men – and even women – are denied the opportunity to exercise their rights as fathers or mothers and parents . payment of salaries in full for those on parental leave is a prerequisite to leave being shared fairly , with the length of the period taken by either parent being determined freely by the couple .


### in order to provide greater possibility for parents to use parental leave as their children grow up , the right to parental leave should be granted until the child is at least twelve years old . member states should be able to specify the period of notice to be given by the worker to the employer when applying for parental leave and to decide whether the right to parental leave may be subject to a certain period of service . in view of the growing diversity of contractual arrangements , the sum of successive fixed - term contracts with the same employer should be taken into account for the purpose of calculating the period of service . to balance the needs of workers with those of employers , member states should also be able to decide whether they define if the employer may be allowed to postpone the granting of parental leave under certain circumstances . in such cases , the employer should provide justification for the postponement . given that flexibility makes it more likely that second parents , in particular fathers , will take up their entitlement to such leave , workers should be able to request to take parental leave on a full - time or part - time basis or in other flexible forms . it should be up to the employer whether or not to accept such a request for parental leave in other flexible forms than full - time . member states should also assess if the conditions and detailed arrangements of parental leave should be adapted to the specific needs of parents in particularly disadvantaged situations . ### in order to provide greater possibility for parents to use parental leave during the period when they most need it and it will be most beneficial for raising their children in a harmonious manner , the right to parental leave should be granted for a consecutive , uninterrupted period following the birth of the child of no less than six months , in line with the who’s recommendation . member states may provide for the establishment of supplementary parental leave to enable parents to care for their children beyond the period of parental leave and until the child is twelve years old . the supplementary leave may be taken consecutively , in staggered periods or in combination with part - time work . member states should specify the period of notice to be given by the worker to the employer when applying for parental leave . member states should also assess if the conditions and detailed arrangements of parental leave should be adapted to the specific needs of parents in particularly disadvantaged situations .


### in addition to the right to carers ' leave provided for in this directive , all workers should maintain their right to take time off from work on the grounds of force majeure for urgent and unexpected family reasons , currently provided for by directive 2010 / 18 / eu , under the conditions established by the member states . ### in addition to the right to family assistance leave provided for in this directive , all workers should maintain their right to take time off from work , without loss of employment rights , on the grounds of force majeure for urgent and unexpected family reasons , notably in situations involving long - term illness or disability , in accordance with the conditions established by law and / or collective agreements in each of the member states .


### in order to encourage working parents and carers to remain in the work force , those workers should be able to adapt their working schedules to their personal needs and preferences . working parents and carers should therefore be able to request flexible working arrangements , meaning the possibility for workers to adjust their working patterns , including through the use of remote working arrangements , flexible working schedules , or a reduction in working hours , for caring purposes . in order to address the needs of workers and employers , it should be possible for member states to limit the duration of flexible working arrangements , including a reduction in working hours . while working part - time has been shown to be useful in allowing some women to remain in the labour market after having children , long periods of reduced working hours may lead to lower social security contributions translating into reduced or non - existing pension entitlements . the ultimate decision as to whether or not to accept a worker’s request for flexible working arrangements should lie with the employer , specific circumstances underlying the need for flexible working arrangements can change . workers should therefore not only have the right to return to their original working patterns at the end of a given agreed period , but should also be able to request to do so at any time where a change in the underlying circumstances so requires . ### in order to encourage working parents to remain in the work force , those workers should be able to adapt their working schedules to their personal needs . working parents and carers should therefore be able to request working arrangements with suitable hours , meaning the possibility for workers to adjust their working patterns , including through a reduction in working hours to enable them to breastfeed or bottle - feed or make it easier for them to fulfil their responsibilities to their families . workers should have the right to return to their original working patterns at the end of a given agreed period .


### workers exercising their rights to take leave or to request flexible working arrangements provided for in this directive should enjoy protection from dismissal and any preparations for a possible dismissal on the grounds that they applied for , or have taken such leave or have exercised the right to request such flexible working arrangements . where workers consider that they have been dismissed on those grounds , they should be able to ask the employer to provide duly substantiated grounds for the dismissal . ### workers exercising their rights to take leave should enjoy protection from dismissal and any preparations for a possible dismissal on the grounds that they applied for , or have taken such leave or have exercised the right to request working arrangements with suitable hours . dismissals instigated in this context should be considered null and void , with suitable procedures for reintegrating and compensating the worker , as well as the application of sanctions against the employer taking such action .


### member states should provide for effective , proportionate and dissuasive penalties in the event of breaches of national provisions adopted pursuant to this directive or the relevant provisions already in force concerning the rights which are within the scope of this directive . the effective implementation of the principle of equal treatment requires adequate judicial protection of workers against adverse treatment or adverse consequences resulting from a complaint or proceeding relating to the rights under this directive . victims may be deterred from exercising their rights on account of the risk of retaliation and therefore should be protected from any adverse treatment where they exercise their rights provided for by this directive . such protection is particularly relevant as regards workers ' representatives in the exercise of their function . ### in order to ensure the proper implementation of this directive , member states shall ensure that labour inspections are in place and furthermore , reassure that adequate human and financial and technical resources are available in order for labour inspections to be conducted . member states should provide for effective , proportionate and dissuasive penalties in the event of breaches of national provisions adopted pursuant to this directive or the relevant provisions already in force concerning the rights which are within the scope of this directive . the effective implementation of the principle of equal treatment requires adequate judicial protection of workers against adverse treatment or adverse consequences resulting from a complaint or proceeding relating to the rights under this directive . victims may be deterred from exercising their rights on account of the risk of retaliation and therefore should be protected from any adverse treatment where they exercise their rights provided for by this directive . such protection is particularly relevant as regards workers ' representatives in the exercise of their function .


### with a view to further improving the level of protection of rights provided for in this directive , national equality bodies should also be competent in the areas covered in this directive . ### with a view to further improving the level of protection of rights provided for in this directive , national equality bodies , workers ' bodies , social care and children ' s rights and care bodies should also be competent in the areas covered in this directive .


### “flexible working arrangements” means the possibility for workers to adjust their working patterns , including through the use of remote working arrangements , flexible working schedules , or a reduction in working hours . ### ' working arrangements with suitable hours ' means the possibility for workers to adjust their working patterns , including through the use of flexible working schedules or a reduction in working hours .


### member states shall establish the period of notice to be given by workers to employers when exercising the right to parental leave . in doing so , member states shall take into account the needs of both employers and workers . member states shall ensure that the worker ' s request specifies the intended beginning and end of the period of leave . ### member states , after conducting social dialogue with the related stakeholders and unions , shall establish the period of notice to be given by workers to employers when exercising the right to parental leave . in doing so , member states shall take into account the needs of both employers and workers . member states shall ensure that the worker ' s request specifies the intended beginning and end of the period of leave .


### member states may define the circumstances in which an employer , following consultation in accordance with national law , collective agreements and / or practice , may be allowed to postpone the granting of parental leave by a reasonable period of time on the grounds that it would seriously disrupt the good functioning of the establishment . employers shall justify any postponement of parental leave in writing . ### member states may define the circumstances in which an employer , following consultation in accordance with national law , collective agreements and / or practice , may be allowed once to postpone the granting of parental leave by a period of three months maximum on the grounds that it would seriously disrupt the good functioning of the establishment . employers shall justify any postponement of parental leave in writing .


### flexible working arrangements ### employee - oriented adaptable working arrangements


### flexible working arrangements ### working arrangements with suitable hours


### member states shall take the necessary measures to ensure that workers with children up to a given age , which shall be at least twelve , and carers , have the right to request flexible working arrangements for caring purposes . the duration of such flexible working arrangements may be subject to a reasonable limitation . ### member states shall take the necessary measures to ensure that workers with children up to a given age , which shall be at least twelve , and workers who informally provide care to relatives and / or dependent persons , have the right to request employee - oriented adaptable working arrangements for caring purposes . the employee - oriented adaptable working arrangements shall be reversible , worker friendly and applicable to all forms of contracts . the duration of such employee - oriented adaptable working arrangements may be subject to a reasonable limitation .


### member states shall take the necessary measures to ensure that workers with children up to a given age , which shall be at least twelve , and carers , have the right to request flexible working arrangements for caring purposes . the duration of such flexible working arrangements may be subject to a reasonable limitation . ### member states shall take the necessary measures to ensure that workers with children up to a given age and carers have the right to request working arrangements with suitable hours which enable them to breastfeed or bottle - feed or fulfil their responsibilities to their families . the duration of such working arrangements may be subject to a reasonable limitation .


### member states shall take the necessary measures to prohibit the dismissal and all preparations for dismissal of workers , on the grounds that they have applied for , or have taken , leave referred to in article 4 , 5 or 6 , or have exercised the right to request flexible working arrangements referred to in article 9 . ### member states shall take the necessary measures to prohibit the dismissal and all preparations for dismissal of workers , on the grounds that they have applied for , or have taken , leave referred to in article 4 , 5 or 6 , or have exercised the right to request flexible working arrangements referred to in article 9 . workers who exercise their right to leave shall be protected from dismissal and any preparations for dismissal on the grounds that they have applied for , or have taken , such leave or have requested working arrangements with suitable hours .


### workers who consider that they have been dismissed on the grounds that they have applied for , or have taken , leave referred to in article 4 , 5 or 6 or of exercising the right to request flexible working arrangements referred to in article 9 may request the employer to provide duly substantiated grounds for the dismissal . the employer shall provide those grounds in writing . ### the burden of proof that there has been no dismissal on the grounds that workers have applied for , or have taken , leave referred to in article 4 , 5 or 6 or have exercised the right to request working arrangements with suitable hours referred to in article 9 should fall on the employer when workers report a presumed dismissal on such grounds to a court or other competent authority .


### member states shall ensure that the body or bodies designated , pursuant to article 20 of directive 2006 / 54 / ec , for the promotion , analysis , monitoring and support of equal treatment of parents and carers without discrimination on grounds of sex are also competent for issues falling within the scope of this directive . ### member states shall ensure that the body or bodies designated , pursuant to article 20 of directive 2006 / 54 / ec , for the promotion , analysis , monitoring and support of equal treatment of parents and workers who informally provide care without gender discrimination are also competent for issues falling within the scope of this directive . these national bodies shall also be competent in monitoring the implementation of this directive on national level and provide gender disaggregated data to eige in order to allow for the proper monitoring and assessment of this directive ' s application .


### to better mobilise potential at the local level , it is necessary to strengthen and facilitate clld . it should take into account local needs and potential , as well as relevant socio - cultural characteristics , and should provide for structural changes , build community capacity and stimulate innovation . the close cooperation and integrated use of the funds to deliver local development strategies should be strengthened . local action groups , representing the interests of the community , should be , as an essential principle responsible for the design and implementation of clld strategies . in order to facilitate coordinated support from different funds to clld strategies and to facilitate their implementation , the use of a ' lead fund ' approach should be facilitated . ### to better mobilise potential at the local level , it is necessary to strengthen and facilitate clld . it should take into account local needs and potential , as well as relevant socio - cultural characteristics , and should provide for structural changes , build human capital and knowledge and stimulate innovation . the close cooperation and integrated use of the funds to deliver local development strategies should be strengthened . local action groups , representing the interests of the community , should be , as an essential principle responsible for the design and implementation of clld strategies . in order to facilitate coordinated support from different funds to clld strategies and to facilitate their implementation , the use of a ' lead fund ' approach should be facilitated .


### to ensure availability of comprehensive up - to - date information on programme implementation , more frequent electronic reporting on quantitative data should be required . ### to ensure availability of comprehensive up - to - date information on programme implementation , more regular electronic reporting on quantitative data should be required .


### in order to support the preparation of related programmes and activities of the next programming period , the commission should carry out a mid - term assessment of the funds . at the end of the programming period , the commission should carry out retrospective evaluations of the funds , which should focus on the impact of the funds . ### in order to support the preparation of related programmes and activities of the next programming period , the commission should carry out a mid - term assessment of the funds . at the end of the programming period , the commission should carry out ex post evaluations of the funds , which should focus on the impact of the funds .


### within the context of the unique and specific circumstances on the island of ireland , and with a view to supporting north - south cooperation under the good friday agreement , a new ' peace plus ' cross - border programme should continue and build on the work of previous programmes , peace and interreg , between the border counties of ireland and northern ireland . taking into account its practical importance , this programme should be supported with a specific allocation to continue support for peace and reconciliation actions , and that an appropriate share of the irish allocation under the european territorial cooperation goal should also be allocated to the programme . ### within the context of the unique and specific circumstances on the island of ireland , and with a view to supporting north - south cooperation under the good friday agreement , a new ' peace plus ' cross - border programme should continue and build on the work of previous programmes , peace and interreg , between the border counties of ireland and northern ireland . taking into account its practical importance , this programme should be supported with a specific allocation to continue support for peace and reconciliation actions , and that an appropriate share of the irish allocation under the european territorial cooperation goal should also be allocated to the programme . in addition given its unique geographic location extra provision should be made to allocate resources to address connectivity and related issues which may arise post brexit ;


### the early transmission of information by the office for the purpose of adopting precautionary measures is an essential tool for the protection of the union ' s financial interests . in order to ensure close cooperation in this regard between the office and the institutions , offices , bodies and agencies of the union , it is appropriate that the latter have the possibility to consult at any time the office with a view to deciding on any appropriate precautionary measures , including measures for the safeguarding of evidence . ### the early and without delay transmission of information by the office for the purpose of adopting precautionary measures is an essential tool for the protection of the union ' s financial interests . in order to ensure close cooperation in this regard between the office and the institutions , offices , bodies and agencies of the union , it is appropriate that the latter have the possibility to consult at any time the office with a view to deciding on any appropriate precautionary measures , including measures for the safeguarding of evidence .


### in the exercise of these powers , the office shall comply with the procedural guarantees provided for in this regulation and in regulation no 2185 / 96 . in the conduct of an on - the - spot check and inspection , the economic operator concerned shall have the right not to make self - incriminating statements and to be assisted by a person of choice . when making statements during the on the spot checks , the economic operator shall be provided with the possibility to use any of the official languages of the member state where he is located . the right to be assisted by a person of choice shall not prevent access by the office to the premises of the economic operator , and shall not unduly delay the start of the check . ### in the exercise of these powers , the office shall comply with the procedural guarantees provided for in this regulation and in regulation no 2185 / 96 . in the conduct of an on - the - spot check and inspection , the economic operator concerned shall have the right to be assisted by a person of choice . when making statements during the on the spot checks , the economic operator shall be provided with the possibility to use any of the official languages of the member state where he is located . the right to be assisted by a person of choice shall not prevent access by the office to the premises of the economic operator , and shall not unduly delay the start of the check .


### the member state concerned shall ensure , in accordance with regulation no 2185 / 96 , that the staff of the office are allowed access to all information and documents relating to the matter under investigation which prove necessary in order for the on - the - spot checks and inspection to be carried out effectively and efficiently , and that they are able to assume custody of documents or data to ensure that there is no danger of their disappearance . ### the member state concerned shall ensure , in accordance with regulation no 2185 / 96 , that the staff of the office are allowed access to all information and documents relating to the matter under investigation which prove necessary in order for the on - the - spot checks and inspection to be carried out effectively and efficiently , and that they are able to assume custody of documents or data to ensure that there is no danger of their disappearance . the fundamental rights , and in particular the right to privacy , shall be fully respected .


### during an external investigation , the office may have access to any relevant information and data , irrespective of the medium on which it is stored , held by the institutions , bodies , offices and agencies , connected with the matter under investigation , where necessary in order to establish whether there has been fraud , corruption or any other illegal activity affecting the financial interests of the union . for that purpose article 4 and shall apply . ### during an external investigation , the office may have access to any relevant information and data , irrespective of the medium on which it is stored , held by the institutions , bodies , offices and agencies , connected with the matter under investigation , where necessary in order to establish whether there has been fraud , corruption or any other illegal activity affecting the financial interests of the union , whilst respecting the confidentiality of the investigations , the legitimate rights of the persons concerned and , where appropriate , national provisions applicable to judicial proceedings . for that purpose article 4 and shall apply .


### without prejudice to article 12d , the director - general may open an investigation when there is a sufficient suspicion , which may also be based on information provided by any third party or anonymous information , that there has been fraud , corruption or any other illegal activity affecting the financial interests of the union . ; ### without prejudice to article 12d , the director - general may open an investigation when there is a sufficient suspicion or strong indications , which may also be based on information provided by any third party or anonymous information , that there has been fraud , corruption or any other illegal activity affecting the financial interests of the union . ;


### in addition to the first subparagraph , the institution , body , office or agency concerned may at any time consult the office with a view to taking , in close cooperation with the office , any appropriate precautionary measures , including measures for the safeguarding of evidence , and shall inform the office without delay of such decision . ; ### in addition to the first subparagraph , the institution , body , office or agency concerned may at any time consult the office with a view to taking , in close cooperation with the office , any appropriate precautionary measures , including measures for the safeguarding of evidence , and shall inform the office without delay of such decision . the office shall cooperate constructively and in full synergy with the institution body , office or agency concerned ;


### the institutions , bodies , offices and agencies and , unless prevented by national law , the competent authorities of the member states shall , at the request of the office or on their own initiative , transmit to the office any document or information they hold which relates to an ongoing investigation by the office . ### the institutions , bodies , offices and agencies and , unless prevented by national law , the competent authorities of the member states shall , at the request of the office or on their own initiative , transmit without delay to the office any document or information they hold which relates to an ongoing investigation by the office .


### the institutions , bodies , offices and agencies and , unless prevented by national law , the competent authorities of the member states shall transmit to the office any other document or information considered pertinent which they hold relating to the fight against fraud , corruption and any other illegal activity affecting the financial interests of the union . ; ### the institutions , bodies , offices and agencies and , unless prevented by national law , the competent authorities of the member states shall transmit without delay to the office any other document or information considered pertinent which they hold relating to the fight against fraud , corruption and any other illegal activity affecting the financial interests of the union . ;


### the report may be accompanied by recommendations of the director - general on action to be taken . those recommendations shall , where appropriate , indicate any disciplinary , administrative , financial and / or judicial action by the institutions , bodies , offices and agencies and by the competent authorities of the member states concerned , and shall specify in particular the estimated amounts to be recovered , as well as the preliminary classification in law of the facts established . ; ### the report may be accompanied by documented recommendations of the director - general on action to be taken . those recommendations shall , where appropriate , indicate any disciplinary , administrative , financial and / or judicial action by the institutions , bodies , offices and agencies and by the competent authorities of the member states concerned , and shall specify in particular the estimated amounts to be recovered , as well as the preliminary classification in law of the facts established . ;


### reports drawn up by the office shall constitute admissible evidence in judicial proceedings before the union courts and in administrative proceedings in the union . ; ### reports drawn up by the office shall constitute admissible evidence in judicial proceedings before the union courts and in administrative proceedings in the union , provided that they have been drawn up lawfully . ;


### since public awareness of the hazards that pops pose to the health of present and future generations as well as to the environment , particularly in developing countries , is often lacking , wide - scale information is needed to increase the level of caution and public understanding of the rationale for restrictions and bans . in accordance with the convention , public awareness programmes on those substances , especially for the most vulnerable groups , as well as training of workers , scientists , educators , technical and managerial personnel should be promoted and facilitated , as appropriate . ### since public awareness of the hazards that pops pose to the health of present and future generations as well as to the environment , particularly in developing countries , is often lacking , wide - scale information is needed to increase the level of caution and gain support for restrictions and bans . in accordance with the convention , public awareness programmes on those substances , on their health and environmental effects and on their alternatives , especially for the most vulnerable groups , as well as training of workers , scientists , educators , technical and managerial personnel should be promoted and facilitated , as appropriate . the union should ensure access to information and public participation , implementing the un / ece convention on access to information , public participation in decision making and access to justice in environmental matters , which was approved by the union on 17 february20051a . _________________ 1a oj l 124 , 17 . 5 . 2005 , p . 1 .


### member states shall , when considering proposals to construct new facilities or to significantly modify existing facilities using processes that release chemicals listed in annex iii , give priority consideration to alternative processes , techniques or practices that have similar usefulness but which avoid the formation and release of substances listed in annex iii , without prejudice to directive 2010 / 75 / eu of the european parliament and of the council30 . _________________ 30 directive 2010 / 75 / eu of the european parliament and of the council of 24 november 2010 on industrial emissions . ### member states shall , when considering proposals to construct new facilities or to significantly modify existing facilities using processes that release chemicals listed in annex iii , give priority consideration to alternative processes , techniques or practices29a that have similar usefulness but which avoid the formation and release of substances listed in annex iii , without prejudice to directive 2010 / 75 / eu of the european parliament and of the council30 . _________________ 29a stockholm convention on pops . guidelines on best available techniques and provisional guidance on best environmental practices relevant to article 5 and annex c of the stockholm convention on persistent organic pollutants . geneva , secretariat of the stockholm convention on pops . http : / / www . pops . int / implementation / batandbep / batbepguidelinesarticle5 / tabid / 187 / default . aspx 30 directive 2010 / 75 / eu of the european parliament and of the council of 24 november 2010 on industrial emissions .


### without prejudice to directive 2003 / 4 / ec of the european parliament and of the council32 , information referred to in paragraphs 1 and 2 shall not be regarded as confidential . the commission , the agency and the member states that exchange information with a third country shall protect any confidential information in accordance with union law . _________________ 32 directive 2003 / 4 / ec of the european parliament and of the council of 28 january 2003 on public access to environmental information and repealing council directive 90 / 313 / eec . ### without prejudice to directive 2003 / 4 / ec of the european parliament and of the council32 , information on health and safety of humans and the environment shall not be regarded as confidential . the commission , the agency and the member states that exchange other information with a third country shall protect any confidential information in accordance with union law as mutually agreed . . _________________ 32 directive 2003 / 4 / ec of the european parliament and of the council of 28 january 2003 on public access to environmental information and repealing council directive 90 / 313 / eec .


### pcdd pcdf pcdd 2 , 3 , 7 , 8 - tecdd 1 , 2 , 3 , 7 , 8 - pecdd 1 , 2 , 3 , 4 , 7 , 8 - hxcdd 1 , 2 , 3 , 6 , 7 , 8 - hxcdd 1 , 2 , 3 , 7 , 8 , 9 - hxcdd 1 , 2 , 3 , 4 , 6 , 7 , 8 - hpcdd ocdd 2 , 3 , 7 , 8 - tecdf 1 , 2 , 3 , 7 , 8 - pecdf 2 , 3 , 4 , 7 , 8 - pecdf 1 , 2 , 3 , 4 , 7 , 8 - hxcdf 1 , 2 , 3 , 6 , 7 , 8 - hxcdf 1 , 2 , 3 , 7 , 8 , 9 - hxcdf 2 , 3 , 4 , 6 , 7 , 8 - hxcdf 1 , 2 , 3 , 4 , 6 , 7 , 8 - hpcdf 1 , 2 , 3 , 4 , 7 , 8 , 9 - hpcdf ocdf pcdf pcdd 2 , 3 , 7 , 8 - tecdd 1 , 2 , 3 , 7 , 8 - pecdd 1 , 2 , 3 , 4 , 7 , 8 - hxcdd 1 , 2 , 3 , 6 , 7 , 8 - hxcdd 1 , 2 , 3 , 7 , 8 , 9 - hxcdd 1 , 2 , 3 , 4 , 6 , 7 , 8 - hpcdd ocdd 2 , 3 , 7 , 8 - tecdf 1 , 2 , 3 , 7 , 8 - pecdf 2 , 3 , 4 , 7 , 8 - pecdf 1 , 2 , 3 , 4 , 7 , 8 - hxcdf 1 , 2 , 3 , 6 , 7 , 8 - hxcdf 1 , 2 , 3 , 7 , 8 , 9 - hxcdf 2 , 3 , 4 , 6 , 7 , 8 - hxcdf 1 , 2 , 3 , 4 , 6 , 7 , 8 - hpcdf 1 , 2 , 3 , 4 , 7 , 8 , 9 - hpcdf ocdf pcb pcb 77 pcb 81 pcb 126 pcb 169 pcb 105 pcb 114 pcb 118 pcb 123 pcb 156 pcb 157 pcb 167 pcb 189 ### tef tef tef 1 1 0 , 1 0 , 1 0 , 1 0 , 01 0 , 0003 0 , 1 0 , 03 0 , 3 0 , 1 0 , 1 0 , 1 0 , 1 0 , 01 0 , 01 0 , 0003 tef tef 1 1 0 , 1 0 , 1 0 , 1 0 , 01 0 , 0003 0 , 1 0 , 03 0 , 3 0 , 1 0 , 1 0 , 1 0 , 1 0 , 01 0 , 01 0 , 0003 tef 0 , 0001 0 , 0003 0 , 1 0 , 03 0 , 00003 0 , 00003 0 , 00003 0 , 00003 0 , 00003 0 , 00003 0 , 00003 0 , 00003


### the assessment of such risks cannot be carried out without processing the personal data related to the person ' s identity , travel document , and , as the case may be , sponsor or , if the applicant is minor , identity of the responsible person . each item of personal data in the applications should be compared with the data present in a record , file or alert registered in an information system , the visa information system , the europol data , the interpol stolen and lost travel document database , the entry / exit system , the eurodac , the ecris - tcn system as far as convictions related to terrorist offences or other forms of serious criminal offences are concerned and / or the interpol travel documents associated with notices database ) or against the watchlists , or against specific risk indicators . the categories of personal data that should be used for comparison should be limited to the categories of data present in the queried information systems , the watchlist or the specific risk indicators . ### the assessment of such risks cannot be carried out without processing the personal data related to the person ' s identity , travel document , and , as the case may be , sponsor or , if the applicant is minor , identity of the responsible person . each item of personal data in the applications should be compared with the data present in a record , file or alert registered in an information system , the visa information system , the europol data , the interpol stolen and lost travel document database , the entry / exit system , the eurodac , the ecris - tcn system as far as convictions related to terrorist offences or other forms of serious criminal offences are concerned ) . the categories of personal data that should be used for comparison should be limited to the categories of data present in the queried information systems .


### the continuous emergence of new forms of security threats , new patterns of irregular migration and public health threats requires effective responses and needs to be countered with modern means . since these means entail the processing of important amounts of personal data , appropriate safeguards should be introduced to keep the interference with the rights to respect for private and family life and to the personal data limited to what is necessary in a democratic society . ### the functioning of the vis entails the processing of important amounts of personal data , appropriate safeguards should be introduced to keep the interference with the rights to respect for private and family life and to the personal data limited to what is necessary and proportionate in a democratic society .


### [ regulation 2018 / xx on interoperability ] provides the possibility for a member state police authority which has been so empowered by national legislative measures , to identify a person with the biometric data of that person taken during an identity check . however specific circumstances may exist where identification of a person is necessary in the interest of that person . such cases include situations where the person was found after having gone missing , been abducted or having been identified as victim of trafficking . in such cases , quick access for law enforcement authorities to vis data to enable a fast and reliable identification of the person , without the need to fulfill all the preconditions and additional safeguards for law enforcement access , should be provided . ### [ regulation 2018 / xx on interoperability ] provides the possibility for a member state police authority which has been so empowered by national legislative measures , to identify a person with the biometric data of that person taken during an identity check . however specific circumstances may exist where identification of a person is necessary in the interest of that person . such cases include situations where the person was found after having gone missing , been abducted or having been identified as victim of trafficking . in such cases , quick access for law enforcement authorities to vis data to enable fast and reliable identification of the person should be provided .


### the vis shall have the purpose of improving the implementation of the common visa policy , consular cooperation and consultation between central visa authorities by facilitating the exchange of data between member states on applications and on the decisions relating thereto , in order : ### the vis shall have the purpose of improving the implementation of the common visa policy on short - stay visas , consular cooperation and consultation between central visa authorities by facilitating the exchange of data between member states on applications and on the decisions relating thereto , in order :


### support a high level of security by contributing to the assessment of whether the applicant is considered to pose a threat to public policy , internal security or public health prior to their arrival at the external borders crossing points ; ### support a high level of security by contributing to the assessment of whether the applicant is considered to pose a threat to public policy , internal security or public health ;


### ‘ facial image’ means digital image of the face ; ### ‘ photograph’ means digital image of the face with sufficient image resolution and quality to be used in automated biometric matching ;


### ' law enforcement ' means the prevention , detection or investigation of terrorist offences or other serious criminal offences ; ### ' law enforcement ' means the prevention , detection or investigation of terrorist offences or other serious criminal offences within a strictly defined framework ;


### the detailed rules on managing the functionality referred to in paragraph 2 shall be laid down in implementing acts . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 49 . ### the detailed rules on managing the functionality referred to in paragraph 2 shall be laid down in delegated acts . those delegated acts shall be adopted in accordance with the examination procedure referred to in article 49 .


### the detailed rules on managing the functionality for the centralised management of the list in paragraph 3 shall be laid down in implementing acts . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 49 . ### the detailed rules on managing the functionality for the centralised management of the list in paragraph 3 shall be laid down in delegated acts . those delegated acts shall be adopted in accordance with the examination procedure referred to in article 49 .


### access to the vis for entering , amending or deleting the data referred to in article 5 in accordance with this regulation shall be reserved exclusively to the duly authorised staff of the visa authorities . ### paragraph 1 is amended as follows : ' 1 . access to the vis for entering , amending or deleting the data referred to in article 5 in accordance with this regulation shall be reserved exclusively to the duly authorised staff of the visa authorities . the authorities entitled to consult or access vis in order to prevent , detect and investigate terrorist offences or other serious criminal offences shall be designated in accordance with chapter iiib . ”


### each competent authority shall ensure that in using the vis , it does not discriminate against applicants and visa holders on grounds of sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation and that it fully respects the human dignity and the integrity of the applicant or of the visa holder . ### article 7 is amended as follows : ' 2 . each competent authority shall ensure that in using the vis it fully respects fundamental rights and observes the principles recognised by the charter of fundamental rights of the european union . it shall not discriminate against applicants and visa holders on grounds of sex , racial or ethnic origin , colour , social origin , language , political or any other opinion , membership of a national minority , property , birth , religion or belief , disability , age or sexual orientation , and it shall fully respect human dignity and the integrity of the applicant or of the visa holder . ” ;


### the best interests of the child shall be a primary consideration for member states with respect to all procedures provided for in this regulation . the child’s well - being , safety and security , in particular where there is a risk of the child being a victim of human trafficking in human beings , and the views of the child shall be taken into consideration and given due weight in accordance with his or her age and maturity . ' ### the best interests of the child shall take precedence over any other consideration for member states with respect to all procedures provided for in this regulation , in full compliance with the international convention on the rights of the child . the child’s well - being , safety and security , in particular where there is a risk of the child being a victim of human trafficking in human beings , and the views of the child shall be taken into consideration and given due weight in accordance with his or her age . '


### the facial image of the applicant , in accordance with article 13 of regulation no 810 / 2009 . ; ### the photograph of the applicant , in accordance with article 13 .


### the facial image of third country nationals referred to in point 5 of the first paragraph shall have sufficient image resolution and quality to be used in automated biometric matching . ### the photograph of third country nationals referred to in point 5 of the first paragraph shall have sufficient image resolution and quality to be used in automated biometric matching .


### by way of derogation from the second paragraph , in exceptional cases where the quality and resolution specifications set for the enrolment of the live facial image in the vis cannot be met , the facial image may be extracted electronically from the chip of the electronic machine readable travel document . in such cases , the facial image shall only be inserted into the individual file after electronic verification that the facial image recorded in the chip of the emrtd corresponds to the live facial image of the third - country national concerned . ; ### by way of derogation from the second paragraph , in exceptional cases where the quality and resolution specifications set for the enrolment of the photograph in the vis cannot be met , the photograph may be extracted electronically from the chip of the electronic machine readable travel document . in such cases , the photograph shall only be inserted into the individual file after electronic verification that the photograph recorded in the chip of the emrtd corresponds to the live facial image of the third - country national concerned . ; no automated request shall be processed using biometric data of persons aged 70 or over or children under the age of 14 which were collected more than five years ago . automated requests on the basis of biometric data belonging to persons aged 70 or over or children under the age of 14 shall be processed in the presence of fingerprinting and facial recognition experts in order to limit the margin of error in the processing of those requests .


### for the purpose of the verifications provided for in article 21 and article 21 , and of regulation no 810 / 2009 , the vis shall launch a query by using the european search portal defined in article 6 [ of the interoperability regulation ] to compare the relevant data referred to in point of article 9 of this regulation to the data present in a record , file or alert registered in the vis , the schengen information system , the entry / exit system , the european travel information and authorisation system , including the watchlist referred to in article 29 of regulation 2018 / xx for the purposes of establishing a european travel information and authorisation system ] , the eurodac , [ the ecris - tcn system as far as convictions related to terrorist offences and other forms of serious criminal offences are concerned ] , the europol data , the interpol stolen and lost travel document database and the interpol travel documents associated with notices database . ### for the purpose of the verifications provided for in article 21 and article 21 , and of regulation no 810 / 2009 , the vis shall launch a query by using the european search portal defined in article 6 [ of the interoperability regulation ] to compare the relevant data referred to in point of article 9 of this regulation to the data present in a record , file or alert registered in the vis , the schengen information system , the entry / exit system , the european travel information and authorisation system , [ the ecris - tcn system as far as convictions related to terrorist offences and other forms of serious criminal offences are concerned ] , the europol data , the interpol stolen and lost travel document database .


### the vis shall add a reference to any hit obtained pursuant to paragraphs and to the individual file . additionally , the vis shall identify , where relevant , the member state that entered or supplied the data having triggered the hit or europol , and shall record this in the individual file . ### the vis shall add a reference to any hit obtained pursuant to paragraphs and to the individual file . additionally , the vis shall identify , where relevant , the member state that entered or supplied the data having triggered the hit or europol but shall not store the details .


### as regards third country nationals who are members of the family of a union citizen to whom directive 2004 / 38 / ec applies or of a national of a third country enjoying the right of free movement equivalent to that of union citizens under an agreement between the union and its member states , on the one hand , and a third country , on the other , the automated checks in article 9a shall be carried our solely for the purpose of checking that there are no factual indications or reasonable grounds based on factual indications to conclude that the presence of the person on the territory of the member states poses a risk to security or high epidemic risk in accordance with directive 2004 / 38 / ec . ### as regards third country nationals who are members of the family of a union citizen to whom directive 2004 / 38 / ec applies or of a national of a third country enjoying the right of free movement equivalent to that of union citizens under an agreement between the union and its member states , on the one hand , and a third country , on the other , the automated checks in article 9a shall be carried our solely for the purpose of checking that there is evidence to conclude that the presence of the person on the territory of the member states poses a risk to security or high epidemic risk in accordance with directive 2004 / 38 / ec .


### where the data correspond to or where doubts remain concerning the identity of the applicant , the central visa authority processing the application shall inform the central authority of the other member state , which were identified as having entered or supplied the data that triggered the hit pursuant to article 9a . where one or more member states were identified as having entered or supplied the data that triggered such hit , the central authority shall consult the central authorities of the other member state using the procedure set out in article 16 . ### where the data correspond to or where doubts remain concerning the identity of the applicant , the central visa authority processing the application shall inform the central authority of the other member state , which were identified as having entered or supplied the data that triggered the hit pursuant to article 9a . where one or more member states were identified as having entered or supplied the data that triggered such hit , the central authority shall consult the central authorities of the other member state using the procedure set out in article 16 . the applicant shall have the benefit of any doubt .


### each file shall be stored in the vis for a maximum of five years , without prejudice to the deletion referred to in articles 24 and 25 and to the keeping of records referred to in article 34 . ### each file shall be stored in the vis for a maximum of two years , without prejudice to the deletion referred to in articles 24 and 25 and to the keeping of records referred to in article 34 .


### the management authority together with the commission shall develop and maintain automated data quality control mechanisms and procedures for carrying out quality checks on the data in vis and shall provide regular reports to the member states . the management authority shall provide a regular report to the member states and commission on the data quality controls . ### the management authority together with the commission shall develop and maintain automated data quality control mechanisms and procedures for carrying out quality checks on the data in vis and shall provide regular reports to the member states . the management authority shall provide a regular report to the member states , the commission and the european parliament on the data quality controls . every two years the commission shall report to the european parliament and the council on data quality issues encountered . that report shall be accompanied by proposals for remedying the issues raised .


### quality checks on facial images and dactylographic data shall be performed when creating application files of third country nationals in vis , to ascertain the fulfilment of minimum data quality standards allowing biometric matching ; ### quality checks on photographs and dactylographic data shall be performed when creating application files of third country nationals in vis , to ascertain the fulfilment of minimum data quality standards allowing biometric matching ;


### quality standards shall be established for the storage of the data referred to in paragraph 1 and 2 of this article . the specification of these standards shall be laid down in implementing acts . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 49 . ### quality standards shall be established for the storage of the data referred to in paragraph 1 and 2 of this article . the specification of these standards shall be laid down in delegated acts . those delegated acts shall be adopted in accordance with the examination procedure referred to in article 49 .


### in article 31 , paragraphs 1 and 2 are replaced by the following : ### in article 31 , paragraph 2 is replaced by the following :


### any person who , or member state which , has suffered damage as a result of an unlawful processing operation or any act incompatible with this regulation shall be entitled to receive compensation from the member state which is responsible for the damage suffered . that member state shall be exempted from its liability , in whole or in part , if it proves that it is not responsible for the event giving rise to the damage . 2 . if any failure of a member state to comply with its obligations under this regulation causes damage to the vis , that member state shall be held liable for such damage , unless and insofar as the management authority or another member state failed to take reasonable measures to prevent the damage from occurring or to minimise its impact . 3 . claims for compensation against a member state for the damage referred to in paragraphs 1 and 2 shall be governed by the provisions of national law of the defendant member state . ### article 33 is amended as follows : ' 1 . any person who , or member state which , has suffered damage as a result of an unlawful processing operation or any act incompatible with this regulation shall be entitled to receive compensation from the member state which is responsible for the damage suffered . that member state shall be exempted from its liability , in whole or in part , if it proves that it is not responsible for the event giving rise to the damage . any person or member state that has suffered material damage as a result of an unlawful personal data processing operation or any other act incompatible with this regulation by a member state shall be entitled to receive compensation from that member state ; any person or member state that has suffered material or non - material damage as a result of any act by europol or eu - lisa incompatible with this regulation shall be entitled to receive compensation from the agency in question . the member state concerned , europol or eu - lisa shall be exempted from their liability under the first subparagraph , in whole or in part , if they prove that they are not responsible for the event which gave rise to the damage . 2 . if any failure of a member state to comply with its obligations under this regulation causes damage to the vis central system , that member state shall be held liable for such damage , unless and insofar as eu - lisa or another member state participating in the vis central system failed to take reasonable measures to prevent the damage from occurring or to minimise its impact . 3 . claims for compensation against a member state for the damage referred to in paragraphs 1 and 2 shall be governed by the national law of that member state . claims for compensation against the controller , europol or eu - lisa for the damage referred to in paragraphs 1 and 2 shall be subject to the conditions provided for in the treaties . ; '


### each member state , the european border and coast guard agency and the management authority shall keep logs of all data processing operations within the vis . these logs shall show the purpose of access referred to in article 6 , article 20a , article 22k and articles 15 to 22 and 22g to 22j , the date and time , the type of data transmitted as referred to in articles 9 to 14 , the type of data used for interrogation as referred to in article 15 , article 18 , article 19 , article 20 , article 21 , article 22 , article 22g , article 22h , article 22i , article 22j , article 45a , and article 45d and the name of the authority entering or retrieving the data . in addition , each member state shall keep logs of the staff duly authorised to enter or retrieve the data . ### each member state and the management authority shall keep logs of all data processing operations within the vis . these logs shall show the purpose of access referred to in article 6 , article 20a , article 22k and articles 15 to 22 and 22g to 22j , the date and time , the type of data transmitted as referred to in articles 9 to 14 , the type of data used for interrogation as referred to in article 15 , article 18 , article 19 , article 20 , article 21 , article 22 , article 22g , article 22h , article 22i , article 22j , article 45a , and article 45d and the name of the authority entering or retrieving the data . in addition , each member state shall keep logs of the staff duly authorised to enter or retrieve the data .


### article 22i ### deleted


### article 22j ### deleted


### article 45d ### deleted


### article 45c ### deleted


### article 45e ### deleted


### queries to other systems ### deleted


### article 22 d ### deleted


### article 22 r ### deleted


### article 45b ### deleted


### right of access , correction and deletion ### in article 38 , the title is amended ‘ right of access to and correction and deletion of personal data , right to rectification , completion and erasure of personal data and right to restrict the processing thereof’


### in each member state any person shall have the right to bring an action or a complaint before the competent authorities or courts of that member state which refused the right of access to or the right of correction or deletion of data relating to him , provided for in article 38 and . ### in article 40 , paragraph 1 is amended ‘ without prejudice to articles 77 and 79 of regulation 2016 / 679 , in each member state any person shall have the right to bring an action or a complaint before the competent authorities or courts of that member state which refused the right of access to , or right of rectification , completion or erasure of , data relating to him or her provided for in article 38 of this regulation . the right to bring such an action or complaint shall also apply in cases where requests for access , rectification , completion or erasure were not responded to within the deadlines provided for in article 38 or were never dealt with by the data controller . member states shall provide applicants with detailed information regarding the procedure to be followed in the event of an appeal , as specified in annex vi , in a language which the applicant understands or may reasonably be supposed to understand ; ’


### the european data protection supervisor shall act in close cooperation with national supervisory authorities with respect to specific issues requiring national involvement , in particular if the european data protection supervisor or a national supervisory authority finds major discrepancies between practices of member states or finds potentially unlawful transfers using the communication channels of the interoperability components , or in the context of questions raised by one or more national supervisory authorities on the implementation and interpretation of this regulation . ### the european data protection supervisor shall act in close cooperation with national supervisory authorities with respect to specific issues requiring national involvement , in particular if the european data protection supervisor or a national supervisory authority finds major discrepancies between practices of member states or finds potentially unlawful transfers using the communication channels of the interoperability components , or in the context of questions raised by one or more national supervisory authorities on the implementation and interpretation of this regulation . the national supervisory authorities and the european data protection supervisor shall assist each other in carrying out audits and inspections and examine any difficulties concerning the interpretation or application of this regulation .


### the duly authorised staff of the competent authorities of member states , the commission , eu - lisa and the european border and coast guard agency established by regulation 2016 / 1624 shall have access to consult the following data , solely for the purposes of reporting and statistics without allowing for individual identification : ### the duly authorised staff of the competent authorities of member states , the commission , eu - lisa shall have access to consult the following data , solely for the purposes of reporting and statistics , without allowing for individual identification as a result of the data being completely anonymous and in accordance with the safeguards related to non - discrimination referred to in article 7 :


### as regards short stay visa , main purpose of the journey ; as regards long stay visas and residence permit , the purpose of the application ; ### main purpose of the journey ;


### except where necessary to perform the tasks for the purposes of the regulation establishing a european travel information and authorisation system , no parts of vis shall be connected to any computer system for data collection and processing operated by or at the european border and coast guard agency nor shall the data contained in vis to which the european border and coast guard agency has access be transferred to such a system . no part of vis shall be downloaded . the logging of access and searches shall not be construed as constituting to be the downloading or copying of vis data . ### no parts of sis or vis shall be connected to any computer system for data collection and processing operated by or at the european border and coast guard agency nor shall the data contained in sis or vis to which the european border and coast guard agency has access be transferred to such a system . no part of sis may be downloaded . the logging of access and searches shall not be construed as constituting to be the downloading or copying of vis data .


### every four years , the commission shall produce an overall evaluation of the vis . this 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 the vis , the security of the vis , the use made of the provisions referred to in article 31 and any implications for future operations . the commission shall transmit the evaluation to the european parliament and the council . ### every two years , the commission shall produce an overall evaluation of the vis . this 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 the vis , the security of the vis , the use made of the provisions referred to in article 31 and any implications for future operations , as well as respect for fundamental rights and in particular the right to the protection of data , to non - discrimination , to the rights of the child and to effective legal remedy . the evaluation also examines whether access to vis on the part of repressive authorities can result in discrimination . the commission shall transmit the evaluation to the european parliament and the council .


### if the holder has applied as part of a group or with a family member , the authority shall create an individual file for each person in the group and link the files of the persons having applied together and who were issued a long stay visa or residence permit . ### if the holder has applied as part of a group or with a family member , the authority shall create an individual file for each person in the group and link the files of the persons having applied together and who were issued a long stay visa or residence permit . applications from parents or legal guardians are not separated from those of children .


### that authority shall verify whether the data recorded in the individual file corresponds to the data present in the vis , or one of the consulted eu information systems / databases , the europol data , or the interpol databases pursuant to paragraph 2 ; ### that authority shall verify whether the data recorded in the individual file corresponds to the data present in the vis , or one of the consulted eu information systems / databases , the europol data , or the sltd database ;


### first name ) ; first name ; date of birth ; current nationality or nationalities ; sex ; date , place and country of birth ; ### first name ) ; first name ; year of birth ; current nationality or nationalities ; sex ; place and country of birth ;


### a facial image of the holder , where possible taken live ; ### a photograph of the applicant ;


### for the sole purpose of verifying the identity of the holder and the authenticity and the validity of the long - stay visa or residence permit or whether the person is not a threat to public policy , internal security or public health of any of the member states , the authorities competent for carrying out checks within the territory of the member states as to whether the conditions for entry to , stay or residence on the territory of the member states are fulfilled and , as applicable , police authorities , shall have access to search using the number of the long - stay visa or residence permit in combination with one or several of the data in article 22c , and . ### for the sole purpose of verifying the identity of the holder and the authenticity and the validity of the long - stay visa or residence permit , the authorities competent for carrying out checks within the territory of the member states as to whether the conditions for entry to , stay or residence on the territory of the member states are fulfilled and , as applicable , shall have access to search using the number of the long - stay visa or residence permit in combination with one or several of the data in article 22c , and .


### member states shall designate the authorities which are entitled to consult the data stored in the vis in order to prevent , detect and investigate terrorist offences or other serious criminal offences . ### member states shall designate the authorities which are entitled to consult the data stored in the vis in order to prevent , detect and investigate terrorist offences or other serious criminal offences within a strictly defined framework .


### each member state shall keep a list of the designated authorities . each member state shall notify eu - lisa and the commission of its designated authorities and may at any time amend or replace its notification . ### each member state shall keep a strictly limited list of the designated authorities . this list must include the list of persons with access to the vis . each member state shall notify eu - lisa and the commission of its designated authorities and may at any time amend or replace its notification .


### where an ex post verification determines that the access to vis data was not justified , all the authorities that accessed such data shall erase the information accessed from the vis and shall inform the central access points of the erasure . ### where an ex post verification determines that the access to vis data was not justified , all the authorities that accessed such data shall immediately erase the information accessed from the vis and shall inform the central access points of the erasure .


### surname , first name , date of birth , nationality or nationalities and / or sex ; ### surname , first name , year of birth , nationality or nationalities and / or sex ;


### by derogation from article 22n , designated authorities shall not be obliged to fulfil the conditions laid down in that paragraph to access the vis for the purpose of identification of persons who had gone missing , abducted or identified as victims of trafficking in human beings and in respect of whom there are reasonable grounds to consider that consultation of vis data will support their identification , and / or contribute in investigating specific cases of human trafficking . in such circumstances , the designated authorities may search in the vis with the fingerprints of those persons . ### by derogation from article 22n , designated authorities shall not be obliged to fulfil the conditions laid down in that paragraph to access the vis for the purpose of identification of persons who had gone missing , abducted or identified as victims of trafficking in human beings and in respect of whom there are serious grounds to consider that consultation of vis data will support their identification , and / or contribute in investigating specific cases of human trafficking . in such circumstances , the designated authorities may search in the vis with the fingerprints of those persons .


### each member&#160 ; state and europol shall ensure that all data processing operations resulting from requests to access to vis data in accordance with chapter iic are logged or documented for the purposes of checking the admissibility of the request , monitoring the lawfulness of the data processing and data integrity and security , and self - monitoring . ### each member&#160 ; state and europol shall ensure that all data processing operations resulting from requests to access to vis data in accordance with chapter iiic are recorded or documented for the purposes of monitoring the admissibility of the request , monitoring the lawfulness of the data processing , data integrity , security and possible impact on fundamental rights , and self - monitoring . the operations shall be protected by appropriate measures against unauthorised access and erased two years after their creation , unless they are required for monitoring procedures that have already begun .


### in accordance with national rules or with regulation 2016 / 794 , the unique user identity of the official who carried out the search and of the official who ordered the search . ### in accordance with national rules or with regulation 2016 / 794 or , where applicable , regulation no 45 / 2001 , the unique user identity of the official who carried out the search and of the official who ordered the search .


### where fingerprints and a live photograph of sufficient quality were collected from the applicant and entered in the vis as part of an application lodged less than 59 months before the date of the new application , these [ data ] may be copied to the subsequent application . ; ### where fingerprints and a photograph were collected from the applicant and entered in the vis as part of an application lodged less than 59 months before the date of the new application , these [ data ] may be copied to the subsequent application .


### sis and the sltd to check whether the travel document used for the application corresponds to a travel document reported lost , stolen or invalidated and whether the travel document used for the application corresponds to a travel document recorded in a file in the interpol tdawn ; ### sis and the sltd to check whether the travel document used for the application corresponds to a travel document reported lost , stolen or invalidated ;


### assessment of security or illegal immigration or high epidemic risks shall be based on : ### the commission shall adopt a delegated act in accordance with article 48a to further define the risks related to security or illegal immigration or high epidemic risks on the basis of :


### statistics generated by the vis in accordance with article 45a indicating abnormal rates of refusals of visa applications due to an irregular migration , security or public health risk associated with a specific group of travellers ; ### statistics generated by the vis in accordance with article 45a indicating abnormal rates of refusals of visa applications due to a security risk associated with an individual ;


### the commission shall adopt an implementing act specifying the risks referred to in paragraph 1 . that implementing act shall be adopted in accordance with the examination procedure referred to in article 52 . ### the commission shall adopt a delegated act specifying the risks referred to in paragraph 1 . that delegated act shall be adopted in accordance with the examination procedure referred to in article 52 .


### the specific risk indicators shall be used by the visa authorities when assessing whether the applicant presents a risk of illegal immigration , a risk to the security of the member states , or a high epidemic risk in accordance to article 21 . ### the specific risk indicators shall be used by the visa authorities when assessing whether the applicant presents a risk to the security of the member states .


### the specific risks and the specific risk indicators shall be regularly reviewed by the commission . ### the specific risks and the specific risk indicators shall be regularly reviewed by the commission and the findings shall be submitted to the fundamental rights agency .


### as this directive establishes minimum rules , member states may extend the rights set out in this directive in order to provide a higher level of protection . such higher level of protection should not constitute an obstacle to the mutual recognition of judicial decisions that those minimum rules are designed to facilitate . the level of protection should never fall below the standards provided by the charter of fundamental rights of the european union or the european convention for the protection of human rights and fundamental freedoms , as interpreted in the case law of the court of justice and of the european court of human rights . ### as this directive establishes minimum rules , member states may extend the rights set out in this directive in order to provide a higher level of protection . the level of protection should never fall below the standards provided by the charter of fundamental rights of the european union or the european convention for the protection of human rights and fundamental freedoms , as interpreted in the case law of the court of justice and of the european court of human rights .


### this regulation should apply only to online content services which subscribers can effectively access and use in the member state in which they habitually reside without being limited to a specific location , as it is not appropriate to require service providers that do not offer portable services in their home country to do so across borders . ### this regulation should apply only to online content services which subscribers can effectively access and use in the member state in which they habitually reside without being limited to a specific location and device , as it is not appropriate to require service providers that do not offer portable services in their home country to do so across borders .


### the exceptions and the limitation set out in this directive seek to achieve a fair balance between the rights and interests of authors and other rightholders on the one hand , and of users on the other . they can be applied only in certain special cases which do not conflict with the normal exploitation of the works or other subject - matter and do not unreasonably prejudice the legitimate interests of the rightholders . ### the exceptions and the limitation set out in this directive seek to achieve a fair balance between the rights and interests of authors and other rightholders on the one hand , and of users on the other . they can be applied only in certain cases which do not conflict with the normal exploitation of the works or other subject - matter and do not unreasonably prejudice the legitimate interests of the rightholders . such cases concern , in particular , access to education , knowledge and cultural heritage and as such , are generally in the public interest .


### new technologies enable the automated computational analysis of information in digital form , such as text , sounds , images or data , generally known as text and data mining . those technologies allow researchers to process large amounts of information to gain new knowledge and discover new trends . whilst text and data mining technologies are prevalent across the digital economy , there is widespread acknowledgment that text and data mining can in particular benefit the research community and in so doing encourage innovation . however , in the union , research organisations such as universities and research institutes are confronted with legal uncertainty as to the extent to which they can perform text and data mining of content . in certain instances , text and data mining may involve acts protected by copyright and / or by the sui generis database right , notably the reproduction of works or other subject - matter and / or the extraction of contents from a database . where there is no exception or limitation which applies , an authorisation to undertake such acts would be required from rightholders . text and data mining may also be carried out in relation to mere facts or data which are not protected by copyright and in such instances no authorisation would be required . ### new technologies enable the automated computational analysis of information in digital form , such as text , sounds , images or data , generally known as text and data mining . those technologies allow citizens , start - ups , researchers and journalists to process large amounts of information to gain new knowledge and discover new trends . whilst text and data mining technologies are prevalent across the digital economy , there is widespread acknowledgment that text and data mining can also benefit citizen science , the research community and journalism and in so doing encourage innovation . however , in the union , individuals and legal entities with lawful access to content are confronted with legal uncertainty as to the extent to which they can perform text and data mining of that content . in certain instances , text and data mining may involve acts protected by copyright and / or by the sui generis database right , notably the reproduction of works or other subject - matter and / or the extraction of contents from a database . where there is no exception or limitation which applies , an authorisation to undertake such acts would be required from rightholders . text and data mining may also be carried out in relation to mere facts or data which are not protected by copyright and in such instances no authorisation would be required .


### manufacturers respond to the energy label by creating ever more efficient products . this technological development leads to products populating mainly the highest classes of the energy label . further product differentiation may be necessary to allow customers a proper comparison , leading to the need to rescale labels . for the frequency of such rescaling a timescale of approximately ten years would be appropriate , taking into account the need to avoid over burdening manufacturers . this regulation should therefore lay down detailed arrangements for rescaling in order to maximise legal certainty for suppliers and dealers . a newly rescaled label should have empty top classes to encourage technological progress and enable ever more efficient products to be developed and recognised . when a label is rescaled , confusion to customers should be avoided by replacing all energy labels within a short timeframe . ### manufacturers respond to the energy label by creating ever more efficient products . this technological development leads to products populating mainly the highest classes of the energy label . further product differentiation is necessary to allow customers a proper comparison , leading to the need to rescale labels . the frequency of such rescaling shall be determined by technological development of the products and shall be consulted with the consultation forum in accordance of the article 10 of this regulation . this regulation should therefore lay down detailed arrangements for rescaling in order to maximise legal certainty for suppliers and dealers . a newly rescaled label should have top classes of only the best products available according to the latest information with the amount not exceeding a threshold of the available products determined by the consultation forum to encourage technological progress and enable ever more efficient products to be developed and recognised . when a label is rescaled , confusion to customers should be avoided by replacing all energy labels within a short timeframe and with information of the rescaling available for the customers .