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


### this directive lays down minimum requirements , thus giving the member states the option of introducing or maintaining more favourable provisions . rights acquired under the existing legal framework should continue to apply , unless more favourable provisions are introduced by this directive . the implementation of this directive cannot be used to reduce existing rights set out in existing union legislation in this field nor can it constitute valid grounds for reducing the general level of protection afforded to workers in the field covered by this directive . ### this directive lays down minimum requirements , thus allowing the member states to introduce or maintain more favourable provisions . rights acquired under the existing legal framework should continue to apply , unless more favourable provisions are introduced by this directive . the implementation of this directive cannot be used to reduce existing rights set out in existing union legislation , national legislation and collective agreements in this field nor can it constitute valid grounds for reducing the general level of protection afforded to workers in the field covered by this directive .


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


### 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 ensure that parents 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 . 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 objective and justified circumstances in accordance with national law and collective agreements . in such cases , the employer may be allowed to postpone once and for a maximum period of three months and should provide a reasonable and justified justification for the postponement in writing . given that employee - oriented adaptable working arrangements 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 in other employee - oriented working arrangement forms . it should be up to national law and collective agreements to define the conditions for taking parental leave in other arrangements 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 challenging situations including with regard to children with disabilities , mental health problems , serious medical conditions or illness .


### member states shall take the necessary measures to ensure that workers have an individual right to parental leave of at least four months to be taken before the child reaches a given age which shall be at least twelve . ### member states shall take the necessary measures to ensure that workers have an individual right to paid , non - transferable parental leave of at least four months to be taken alternatively by each parent before the child reaches a given age which shall be at least twelve .


### member states shall take the necessary measures to ensure that workers have the right to request parental leave also on a part - time basis , in blocks separated by periods of work or in other flexible forms . employers shall consider and respond to such requests , taking into account the needs of both employers and workers . employers shall justify any refusal of such a request in writing . ### member states shall take the necessary measures to ensure that workers have the right to demand parental leave also on a part - time basis , in blocks separated by periods of work or in other adaptable to their needs forms . employers , acting in accordance with the national legislation and collective agreements , shall consider and respond to such requests , taking into account the needs of both employers and workers . employers shall justify any refusal of such a request and set out the grounds in writing .


### 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 .


### employers shall consider and respond to requests for flexible working arrangements referred to in paragraph 1 , taking into account the needs of both employers and workers . employers shall justify any refusal of such a request . ### employers shall consider and respond in writing to requests for flexible working arrangements referred to in paragraph 1 , taking into account the needs of both employers and workers , in particular in micro businesses . employers shall justify any refusal of such a request while providing options for alternative arrangements .


### 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 and parental leaves and leave for workers informally providing care and to employee - oriented adaptable 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 .


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


### 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 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 employee - oriented adaptable working arrangements , meaning the possibility for workers to adjust their working patterns , including through the use of remote working arrangements , adaptable working schedules , or a reduction in working hours , for caring purposes . in order to address the needs of workers and the work organization capacity of employers , it should be possible for member states to limit the duration of employee - oriented adaptable 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 , still a large percentage of female part - time work remains involuntary , partly due to caring responsibilities which leads to life instability , lower social security contributions and reduced or non - existing pension entitlements . the decision as to whether or not to accept a worker’s request for adaptable to their needs working arrangements should lie with the employer who in case of refusal shall adequately justify in writing the refusal and its grounds and furthermore provide alternative options for working arrangements . specific circumstances underlying the need for employee - oriented adaptable working arrangements can change . workers should 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 .


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


### work - life balance policies should contribute to the achievement of gender equality by promoting the participation of women in the labour market , making it easier for men to share caring responsibilities on an equal basis with women , and closing gender gaps in earnings and pay . such policies should take into account demographic changes including the effects of an ageing population . ### work - life balance policies should contribute to the achievement of gender equality by promoting the participation of women in the labour market , encouraging and making it easier for men to share caring responsibilities on an equal basis with women , and closing gender gaps in earnings , pay and pension . such policies should also focus on reducing gender stereotypes , recognising and redistributing care responsibilities , developing and implementing quality standards for all types of care services and should take into account the cost of a lower female employment rate in terms of eu’s gdp1a , demographic changes including the effects of an ageing population and the disproportionate burden of caring responsibilities that women erroneously are expected to take as an extension of their female nature . particular attention needs to be given to the labour market participation of vulnerable categories of women , such as single parents , women with a disability , women with a migrant background and women from ethnic minorities . __________________ 1a eurofound , the gender employment gap : challenges and solutions - executive summary . european union publication , luxemburg . recovered : https : / / www . eurofound . europa . eu / publications / executive - summary / 2016 / labour - market / the - gender - employment - gap - challenges - and - solutions - executive - summary


### when flexible working arrangements referred to in paragraph 1 are limited in duration , the worker shall have the right to return to the original working pattern at the end of the agreed period . the worker shall also have the right to request to return to the original working pattern whenever a change of circumstances so justifies . employers shall be obliged to consider and respond to such requests , taking into account the needs of both employers and workers . ### when flexible working arrangements referred to in paragraph 1 are limited in duration , the worker shall have the right to return to the original working pattern at the end of the agreed period . the worker shall also have the right to request to return to the original working pattern whenever a change of circumstances so justifies . employers shall be obliged to consider and respond in writing to such requests , taking into account the needs of both employers and workers .


### member states shall take the necessary measures to ensure that workers have the right to request parental leave also on a part - time basis , in blocks separated by periods of work or in other flexible forms . employers shall consider and respond to such requests , taking into account the needs of both employers and workers . employers shall justify any refusal of such a request in writing . ### member states shall take the necessary measures to ensure that workers have the right to demand parental leave also on a part - time basis , in blocks separated by periods of work or in other flexible forms . employers shall , in accordance with national law and collective agreements and / or practice , consider and respond to such requests , taking into account the needs of both employers and workers . employers shall justify any refusal of such a request and set out the grounds in writing .


### ' relative ' means a worker ' s son , daughter , mother , father , spouse or partner in civil partnership , where such partnerships are envisaged by national law ; ### ' relative ' means at least a worker ' s son , daughter , mother , father , sibling , step children , foster children , grandchildren , grandparents , legal guardian or ward , spouse or partner in civil partnership , where such partnerships are envisaged by national law ;


### 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 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 in writing .


### this directive lays down minimum requirements , thus giving the member states the option of introducing or maintaining more favourable provisions . rights acquired under the existing legal framework should continue to apply , unless more favourable provisions are introduced by this directive . the implementation of this directive cannot be used to reduce existing rights set out in existing union legislation in this field nor can it constitute valid grounds for reducing the general level of protection afforded to workers in the field covered by this directive . ### this directive lays down minimum requirements , thus allowing the member states to introduce or maintain more favourable provisions . rights acquired under the existing legal framework should continue to apply , unless more favourable provisions are introduced by this directive . the implementation of this directive cannot be used to reduce existing rights set out in existing union legislation , national legislation and collective agreements in this field nor can it constitute valid grounds for reducing the general level of protection afforded to workers in the field covered by this directive .


### member states shall take the necessary measures to ensure that workers have an individual right to parental leave of at least four months to be taken before the child reaches a given age which shall be at least twelve . ### member states shall take the necessary measures to ensure that workers have the right to parental leave of at least 180 working days to be taken immediately after the birth . the couple may freely decide to share the leave between themselves , except for the mother ' s and the father ' s own mandatory periods .


### 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 . transferability of parental leave and lack of fully 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 stereotypes and differences between work and care . conversely , use of work - life balance arrangements by fathers , such as leave or employee - oriented adaptable working arrangements , has been shown to have a positive impact in reducing the relative amount of unpaid family work undertaken by women and leaving them more time for paid employment . furthermore , researches1a shows that take - up rates among parents depend on many intertwined factors . such factors include : information about the type of leave available ; b ) leave compensation and pay disparities ; c ) availability of childcare facilities ; d ) prevailing family organisation models ; e ) and the extent to which workers fear isolation from the labour market when taking leave . __________________ 1a eurofound promoting uptake of parental and paternity leave among fathers in the european union and the gender employment gap : challenges and solutions .


### “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 .


### in accordance with national circumstances , such as national law , collective agreements and / or practice , and taking into account the powers delegated to social partners , member states shall ensure that workers exercising the rights to leave referred to in article 4 , 5 or 6 will receive a payment or an adequate allowance at least equivalent to what the worker concerned would receive in case of sick leave . ### in accordance with national circumstances , such as national law , collective agreements and / or practice , and taking into account the powers delegated to social partners , member states shall ensure that workers exercising the rights to leave referred to in article 4 , 5 or 6 will receive a payment of 100% of the worker’s gross wage .


### 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 .


### when flexible working arrangements referred to in paragraph 1 are limited in duration , the worker shall have the right to return to the original working pattern at the end of the agreed period . the worker shall also have the right to request to return to the original working pattern whenever a change of circumstances so justifies . employers shall be obliged to consider and respond to such requests , taking into account the needs of both employers and workers . ### when employee - oriented adaptable working arrangements referred to in paragraph 1 are limited in duration , the worker shall have the right to return to the original working pattern at the end of the agreed period . the worker shall also have the right to request to return to the original working pattern when requested . employers shall be obliged to consider and respond to such requests in writing , taking into account the needs of both employers and workers .


### member states shall take the necessary measures to ensure that workers have the right to request parental leave also on a part - time basis , in blocks separated by periods of work or in other flexible forms . employers shall consider and respond to such requests , taking into account the needs of both employers and workers . employers shall justify any refusal of such a request in writing . ### member states shall take the necessary measures to ensure that workers have the right to demand parental leave also on a part - time basis , in blocks separated by periods of work or in other adaptable to their needs forms . employers , acting in accordance with the national legislation and collective agreements , shall consider and respond to such requests , taking into account the needs of both employers and workers . employers shall justify any refusal of such a request and set out the grounds in writing .


### workers exercising their rights to leave or to request flexible working arrangements should be protected against discrimination or any less favourable treatment on that ground . ### workers exercising their rights to leave or to request employee - oriented adaptable working arrangements should be protected against discrimination or any less favourable treatment on that ground .


### member states may introduce or maintain provisions that are more favourable to workers than those laid down in this directive . they shall however ensure that at least four months of parental leave remain non - transferable in accordance with article 5 . ### member states may introduce or maintain provisions that are more favourable to workers than those laid down in this directive . the provisions adopted in this directive shall not allow workers to be stripped of more favourable rights available under national law . the definition of minimum levels of rights in this directive may not serve as grounds to deprive workers of protection or rights in any member state under the pretext that the union is imposing new rules .


### 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 .


### 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 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 employee - oriented adaptable working arrangements , meaning the possibility for workers to adjust their working patterns , including through the use of remote working arrangements , adaptable working schedules , or a reduction in working hours , for caring purposes . in order to address the needs of workers and the work organization capacity of employers , it should be possible for member states to limit the duration of employee - oriented adaptable 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 , still a large percentage of female part - time work remains involuntary , partly due to caring responsibilities which leads to life instability , lower social security contributions and reduced or non - existing pension entitlements . the decision as to whether or not to accept a worker’s request for adaptable to their needs working arrangements should lie with the employer who in case of refusal shall adequately justify in writing the refusal and its grounds and furthermore provide alternative options for working arrangements . specific circumstances underlying the need for employee - oriented adaptable working arrangements can change . workers should 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 .


### in order to provide greater opportunities to remain in the work force for men and women carrying of elderly family member and / or other relatives in need of care , workers with a seriously ill or dependant relative should have the right to take time off from work in the form of carers ' leave to take care of that relative . to prevent abuse of that right , proof of the serious illness or dependency may be required prior to granting of the leave . ### in order to provide greater opportunities to remain in the work force for women and men carrying of children , elderly family member and / or other relatives or dependant in need of care or support due to old age , a medical reason , a chronic illness , a disability or mental health problem , workers should have the right to take time off from work in the form of leave for workers informally providing care to take care of that person . to prevent abuse of that right , proof of the need of care or support may be required prior to granting of the leave while protecting at all times the privacy and personal data of both the worker and the person in need of care .


### 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 .


### 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 on female employment . a major factor contributing to the underrepresentation of women in the labour market is the difficulty of balancing work and family responsibilities . when they have children , women tend to work less hours in paid employment and spend more time fulfilling unpaid care tasks . having a relative or dependant with care or support needs has also been shown to have a negative impact on female employment , leading some women to drop out of the labour market entirely with the subsequent harmful repercussions on their social security entitlements , in particular pensions and an increased risk of poverty and social exclusion , especially during old age .


### member states shall take the necessary measures to ensure that fathers have the right to take paternity leave of at least ten working days on the occasion of the birth of a child . ### member states shall take the necessary measures to ensure that fathers or an equivalent second parent or partner as defined in national law have mandatory paternity leave of at least ten working days around the occasion of the birth , stillbirth or adoption of a child .


### 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 .


### 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 ensure that parents 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 . 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 objective and justified circumstances in accordance with national law and collective agreements . in such cases , the employer may be allowed to postpone once and for a maximum period of three months and should provide a reasonable and justified justification for the postponement in writing . given that employee - oriented adaptable working arrangements 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 in other employee - oriented working arrangement forms . it should be up to national law and collective agreements to define the conditions for taking parental leave in other arrangements 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 challenging situations including with regard to children with disabilities , mental health problems , serious medical conditions or illness .


### work - life balance policies should contribute to the achievement of gender equality by promoting the participation of women in the labour market , making it easier for men to share caring responsibilities on an equal basis with women , and closing gender gaps in earnings and pay . such policies should take into account demographic changes including the effects of an ageing population . ### work - life balance policies should contribute to the achievement of gender equality by promoting the participation of women in the labour market , encouraging and making it easier for men to share caring responsibilities on an equal basis with women , and closing gender gaps in earnings , pay and pension . such policies should take into account demographic changes including the effects of an ageing population . moreover , they should also contribute to tackling the stereotypes ascribed to gender roles .


### 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 as their children grow up , the right to parental leave should be granted until the child is at least thirteen 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 . 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 in writing 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 .


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


### “parental leave” means leave from work on the grounds of the birth or adoption of a child to take care of that child ; ### “parental leave” means paid leave from work on the grounds of the birth or adoption of a child to take care of that child ;


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


### “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 . ### “employee - oriented adaptable working arrangements” means the possibility for workers to adjust their work time patterns on a voluntary basis , including through the use of remote working arrangements , adjustable working schedules , or a reduction in working hours .


### in order to provide greater opportunities to remain in the work force for men and women carrying of elderly family member and / or other relatives in need of care , workers with a seriously ill or dependant relative should have the right to take time off from work in the form of carers ' leave to take care of that relative . to prevent abuse of that right , proof of the serious illness or dependency may be required prior to granting of the leave . ### in order to provide greater opportunities to remain in the work force for women and men carrying of elderly family member and / or other relatives or dependants in need of care or support due to old age , a serious medical reason , a chronic illness , a disability , a mental health problem or another impairment , should have the right to take time off from work in the form of carers ' leave to take care of that person . to prevent abuse of that right , proof of the need of care or support may be required , while protecting at all times the privacy and personal data of both the worker and the person in need of care .


### in order to provide greater opportunities to remain in the work force for men and women carrying of elderly family member and / or other relatives in need of care , workers with a seriously ill or dependant relative should have the right to take time off from work in the form of carers ' leave to take care of that relative . to prevent abuse of that right , proof of the serious illness or dependency may be required prior to granting of the leave . ### in order to establish a proper legal framework and the necessary assistance for close family – whether older or younger generations – in force majeure , emergency or unforeseen situations without causing the worker’s employment relationship and status to suffer , member states should provide in labour law for family - related leave with a number of days that can be taken every year and which enables workers to justify work absence on the basis of provision of direct assistance to family members , whether children or elderly and / or other relatives in need of care . proof of the nature of the assistance may be required .


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


### “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 .


### 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 .


### 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 ensure that parents 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 . 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 be allowed only to postpone twice and only for a maximum period of six months , and should provide a reasonable and objective justification for the postponement in writing . 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 national law and collective agreements to define the conditions for taking 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 challenging situations , including with regard to children with a disability , mental health problems or serious medical conditions or illness .


### in order to provide greater opportunities to remain in the work force for men and women carrying of elderly family member and / or other relatives in need of care , workers with a seriously ill or dependant relative should have the right to take time off from work in the form of carers ' leave to take care of that relative . to prevent abuse of that right , proof of the serious illness or dependency may be required prior to granting of the leave . ### in order to provide greater opportunities to remain in the work force for women and men carrying of children , elderly family member and / or other relatives or dependant in need of care or support due to old age , a medical reason , a chronic illness , a disability or mental health problem , workers should have the right to take time off from work in the form of leave for workers informally providing care to take care of that person . to prevent abuse of that right , proof of the need of care or support may be required prior to granting of the leave while protecting at all times the privacy and personal data of both the worker and the person in need of care .


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


### 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 .


### 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 leave for workers informally providing care 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 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 .


### work - life balance policies should contribute to the achievement of gender equality by promoting the participation of women in the labour market , making it easier for men to share caring responsibilities on an equal basis with women , and closing gender gaps in earnings and pay . such policies should take into account demographic changes including the effects of an ageing population . ### work - life balance policies should contribute to the achievement of gender equality by promoting the participation of women in the labour market , encouraging and making it easier for men to share caring responsibilities on an equal basis with women , and closing gender gaps in earnings , pay and pension . such policies should take into account demographic changes including the effects of an ageing population . moreover , they should also contribute to tackling the stereotypes ascribed to gender roles .


### 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 .


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


### 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 .


### 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 . transferability of parental leave and lack of fully 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 stereotypes and differences between work and care . conversely , use of work - life balance arrangements by fathers , such as leave or employee - oriented adaptable working arrangements , has been shown to have a positive impact in reducing the relative amount of unpaid family work undertaken by women and leaving them more time for paid employment . furthermore , researches1a shows that take - up rates among parents depend on many intertwined factors . such factors include : information about the type of leave available ; b ) leave compensation and pay disparities ; c ) availability of childcare facilities ; d ) prevailing family organisation models ; e ) and the extent to which workers fear isolation from the labour market when taking leave . __________________ 1a eurofound promoting uptake of parental and paternity leave among fathers in the european union and the gender employment gap : challenges and solutions .


### member states shall take the necessary measures to ensure that workers have the right to request parental leave also on a part - time basis , in blocks separated by periods of work or in other flexible forms . employers shall consider and respond to such requests , taking into account the needs of both employers and workers . employers shall justify any refusal of such a request in writing . ### member states shall take the necessary measures to ensure that workers have the right to demand parental leave also on a part - time basis , in blocks separated by periods of work or in other adaptable to their needs forms . employers , acting in accordance with the national legislation and collective agreements , shall consider and respond to such requests , taking into account the needs of both employers and workers . employers shall justify any refusal of such a request and set out the grounds in writing .


### member states shall take the necessary measures to ensure that workers have an individual right to parental leave of at least four months to be taken before the child reaches a given age which shall be at least twelve . ### member states shall take the necessary measures to ensure that workers have the right to parental leave of at least 180 working days to be taken immediately after the birth . the couple may freely decide to share the leave between themselves , except for the mother ' s and the father ' s own mandatory periods .


### 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 .


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


### at the request of the office , the competent authority of the member state concerned shall provide the staff of the office with the assistance needed in order to carry out their tasks effectively , as specified in the written authorisation referred to in article 7 . ### at the request of the office , the competent authority of the member state concerned shall provide without delay the staff of the office with the assistance needed in order to carry out their tasks effectively , as specified in the written authorisation referred to in article 7 .


### 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 .


### 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 february 20051a . _________________ 1a oj l 124 , 17 . 5 . 2005 , p . 1 .


### 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 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 .


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


### 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 :


### any person may request that data relating to him which are inaccurate be corrected and that data recorded unlawfully be deleted . the correction and deletion shall be carried out without delay by the member state responsible , in accordance with its laws , regulations and procedures . ### in article 38 , paragraph 2 is amended ' 2 . any person may request that data relating to him which are inaccurate be corrected and that data recorded unlawfully be deleted . the correction and deletion shall be carried out without delay by the member state responsible , in accordance with its laws , regulations and procedures . the member state shall respond to such a request immediately and no later than 30 days following receipt of the request , in conformity with article 12 and of the gdpr , ’


### 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 costs sustained 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 .


### sex , date of birth and current nationality of the applicant ; ### sex , year of birth and current nationality of the applicant ;


### logs and documentation shall be used only for monitoring the lawfulness of data processing and for ensuring data integrity and security . only logs which do not contain personal data may be used for the monitoring and evaluation referred to in article 50 of this regulation . the supervisory authority established in accordance with article 41 of directive 2016 / 680 , which is responsible for checking the admissibility of the request and monitoring the lawfulness of the data processing and data integrity and security , shall have access to these logs at its request for the purpose of fulfilling its duties . ### logs and documentation shall be used only for monitoring the lawfulness of data processing , for monitoring the impact on fundamental rights , and for ensuring data integrity and security . only logs which do not contain personal data may be used for the monitoring and evaluation referred to in article 50 of this regulation . the supervisory authority established in accordance with article 41 of directive 2016 / 680 , which is responsible for checking the admissibility of the request and monitoring the lawfulness of the data processing and data integrity and security , shall have access to these logs at its request for the purpose of fulfilling its duties .


### every time an individual file is created upon issuance or refusal pursuant to article 22d of a long - stay visa or residence permit , 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 article 22c , , , and of this regulation with the relevant data , 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 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 . ### every time an individual file is created pursuant to article 22 or concerning a long - stay visa or residence permit , the vis shall launch a query . the vis shall verify : whether the travel document used for the application corresponds to a travel document reported lost , stolen , misappropriated or invalidated in sis ; whether the travel document used for the application corresponds to a travel document reported lost , stolen or invalidated in the sltd database ; whether the applicant is subject to a refusal of entry and stay alert entered in sis , unless there is a return in sis ; whether the applicant is subject to an alert in respect of persons wanted for arrest for surrender purposes on the basis of a european arrest warrant or wanted for arrest for extradition purposes in sis ; whether the applicant and the travel document are in the watch list referred to in article 34 of regulation 2018 / 1240 ; whether data is already recorded in vis on the same person ; whether the data provided in the application concerning the travel document correspond to another application for a long - stay visa , residence permit or residence card associated with different identity data ; whether the applicant has been subject to a decision to refuse , annul or revoke a short - stay visa recorded in vis ; whether the applicant has been subject to a decision to refuse , annul or revoke a long - stay visa , residence permit or residence card recorded in vis ; whether the data provided in the application correspond to europol data ; whether the applicant is registered in the ecris - tcn system as having been convicted of a terrorist offence or other forms of serious criminal offence ; in cases where the applicant is a minor , whether the applicant ' s parental authority or legal guardian : is subject to an alert in respect of persons wanted for arrest for surrender purposes on the basis of a european arrest warrant or wanted for arrest for extradition purposes in sis ; is subject to a refusal of entry and stay alert in sis ; holds a travel document in the watch list referred to in article 34 of regulation 2018 / 1240 . these provisions must not impede the submission of an application for asylum , whatever the motivation . if a visa application is submitted by a victim of violent crime such as domestic violence or trafficking in human beings committed by their sponsor , the file submitted to vis must be separated from that of the sponsor so that the victims may be protected from further danger . no automated request shall be processed using biometric data of persons aged 70 or over or children under the age of 13 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 13 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 . automatic searches in the visa information system should only be permitted if the file has been created by consular authorities , thereby excluding automatic searches in files created in the country .


### every time an individual file is created upon issuance or refusal pursuant to article 22d of a long - stay visa or residence permit , 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 article 22c , , , and of this regulation with the relevant data , 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 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 . ### every time an individual file is created pursuant to article 22c or 22d in connection with a long - stay visa or residence permit , and prior to any decision to issue such , the vis shall launch a query by using the european search portal defined in article 6 of [ the interoperability regulation ] to compare the data referred to in article 22c , , , and of this regulation . the vis shall verify : whether the travel document used for the application corresponds to a travel document reported lost , stolen , misappropriated or invalidated in sis ; whether the travel document used for the application corresponds to a travel document reported lost , stolen or invalidated in the sltd database ; whether the applicant is subject to a refusal of entry and stay alert entered in sis ; whether the applicant is subject to an alert in respect of persons wanted for arrest for surrender purposes on the basis of a european arrest warrant or wanted for arrest for extradition purposes in sis ; whether the applicant and the travel document correspond to a refused , revoked or annulled travel authorisation in the etias central system ; whether the applicant and the travel document are in the watch list referred to in article 34 of regulation 2018 / 1240 ; whether data is already recorded in vis on the same person ; whether the data provided in the application concerning the travel document correspond to another application for a long - stay visa , residence permit or residence card associated with different identity data ; whether the applicant is currently reported as an overstayer or whether he or she has been reported as an overstayer in the past in the ees ; whether the applicant is recorded as having been refused entry in the ees ; whether the applicant has been subject to a decision to refuse , annul or revoke a short - stay visa recorded in vis ; whether the applicant has been subject to a decision to refuse , annul or revoke a long - stay visa , residence permit or residence card recorded in vis ; whether the data provided in the application correspond to europol data ; whether the applicant is registered in eurodac ; whether the applicant is registered in the ecris - tcn system as having been convicted of a terrorist offence or other forms of serious criminal offence ; whether the travel document used for the application corresponds to a travel document recorded in the tdawn database ; in cases where the applicant is a minor , whether the applicant ' s parental authority or legal guardian : is subject to an alert in respect of persons wanted for arrest for surrender purposes on the basis of a european arrest warrant or wanted for arrest for extradition purposes in sis ; is subject to a refusal of entry and stay alert in sis ; holds a travel document in the watch list referred to in article 34 of regulation 2018 / 1240 .


### 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 .


### 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 :


### 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 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 . 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 .


### contribute to the prevention , detection and investigation of terrorist offences or of other serious criminal offences ; ### contribute to the prevention , detection and investigation of terrorist offences or of other serious criminal offences , provided that the latter are strictly defined ;


### 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 .


### 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 .