### a provider of online intermediation services can have legitimate reasons to decide to suspend or terminate the provision of its services , in whole or in part , to a given business user , including by delisting individual goods or services of a given business user or effectively removing search results . however , given that such decisions can significantly affect the interests of the business user concerned , they should be properly informed of the reasons thereof . the statement of reasons should allow business users to ascertain whether there is scope to challenge the decision , thereby improving the possibilities for business users to seek effective redress where necessary . in addition , requiring a statement of reasons should help to prevent or remedy any unintended removal of online content provided by business users which the provider incorrectly considers to be illegal content , in line with commission recommendation no 2018 / 33422 . the statement of reasons should identify the objective ground or grounds for the decision , based on the grounds that the provider had set out in advance in its terms and conditions , and refer in a proportionate manner to the relevant specific circumstances that led to that decision . _________________ 22 commission recommendation no 2018 / 334 of 1 march 2018 on measures to effectively tackle illegal content online . ### a provider of online intermediation services can have legitimate reasons to decide to suspend or terminate the provision of its services , in whole or in part , to a given business user , including by delisting individual goods or services of a given business user or effectively removing search results . however , given that such decisions can significantly affect the interests of the business user concerned , they should be properly informed of the reasons thereof . the statement of reasons should allow business users to ascertain whether there is scope to challenge the decision , thereby improving the possibilities for business users to seek effective redress where necessary . in addition , requiring a statement of reasons should help to prevent or remedy any unintended removal of online content provided by business users which the provider incorrectly considers to be illegal content , in line with commission recommendation 2018 / 33422 . in some cases , the decision of the provider of an online intermediation service is based on notifications by third parties . these notifications can be abused by competitors . commission recommendation 2018 / 334 requires such notifications to be sufficiently precise and adequately substantiated to enable the hosting provider to take an informed and diligent decision in respect of the content to which the notice relates . providers of online intermediation services should therefore be required to pass on the contents of the notification to the business user in cases where a decision to suspend or terminate the provision of its services following a notification from a third party , in order to allow the business user to easily refute obviously wrongful notices . the statement of reasons should identify the objective ground or grounds for the decision , based on the grounds that the provider had set out in advance in its terms and conditions , and refer in a proportionate manner to the relevant specific circumstances that led to that decision . wherever possible a proportionate and gradual system should be put in place , including prior and timely notification before taking measures that will result in severing the access of the business to its customers . _________________ 22 commission recommendation 2018 / 334 of 1 march 2018 on measures to effectively tackle illegal content online .


### providers of online intermediation services shall bear a reasonable proportion of the total costs of mediation in each individual case . a reasonable proportion of those total costs shall be determined , on the basis of a suggestion by the mediator , by taking into account all relevant elements of the case at hand , in particular the relative merits of the claims of the parties to the dispute , the conduct of the parties , as well as the size and financial strength of the parties relative to one another . however , providers of online intermediation services shall in any case bear at least half of the total cost . ### providers of online intermediation services shall bear a reasonable proportion of the total costs of mediation in each individual case . a reasonable proportion of those total costs shall be determined , on the basis of a suggestion by the mediator , by taking into account all relevant elements of the case at hand , in particular the relative merits of the claims of the parties to the dispute , the conduct of the parties , as well as the size and financial strength of the parties relative to one another .


### the authority should contribute to facilitating the free movement of workers governed by regulation no 492 / 2011 of the european parliament and of the council39 , directive 2014 / 54 / eu of the european parliament and the council40 and regulation 2016 / 589 of the european parliament and the council41 . it should facilitate the posting of workers governed by directive 96 / 71 / ec of the european parliament and the council42 and directive 2014 / 67 / eu of the european parliament and the council43 , including by supporting the enforcement of those provisions implemented through universally applicable collective agreements in line with the practices of member states . it should also help the coordination of social security systems governed by regulation no 883 / 2004 of the european parliament and the council44 , regulation no 987 / 2009 of the european parliament and the council45 , regulation no 1231 / 2010 of the european parliament and the council46 ; as well as council regulation no 1408 / 7147 and council regulation no 574 / 7248 . _________________ 39 regulation no 492 / 2011 of the european parliament and of the council of 5 april 2011 on freedom of movement for workers within the union . 40 directive 2014 / 54 / eu of the european parliament and the council of 16 april 2014 on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers . 41 regulation 2016 / 589 of the european parliament and the council of 13 april 2016 on a european network of employment services , workers’ access to mobility services and the further integration of labour markets , and amending regulations no 492 / 2011 and no 1296 / 2013 . 42 directive 96 / 71 / ec of the european parliament and of the council of 16 december 1996 concerning the posting of workers in the framework of the provision of services . 43 directive 2014 / 67 / eu of the european parliament and of the council of 15 may 2014 on the enforcement of directive 96 / 71 / ec concerning the posting of workers in the framework of the provision of services and amending regulation no 1024 / 2012 on administrative cooperation through the internal market information system . 44 regulation no 883 / 2004 of the european parliament and of the council of 29 april 2004 on the coordination of social security systems , . 45 regulation no 987 / 2009 of the european parliament and of the council of 16 september 2009 laying down the procedure for implementing regulation no 883 / 2004 on the coordination of social security systems , . 46 regulation no 1231 / 2010 of the european parliament and of the council of 24 november 2010 extending regulation no 883 / 2004 and regulation no 987 / 2009 to nationals of third countries who are not already covered by these regulations solely on the ground of their nationality . 47 council regulation no 1408 / 71 of 14 june 1971 on the application of social security schemes to employed persons , to self - employed persons and to members of their families moving within the community . 48 council regulation no 574 / 72 of 21 march 1972 laying down the procedure for implementing regulation no 1408 / 71 on the application of social security schemes to employed persons , to self - employed persons , and to their families moving within the community . ### the authority should contribute to facilitating the free movement of workers governed by regulation no 492 / 2011 of the european parliament and of the council39 , directive 2014 / 54 / eu of the european parliament and the council40 and regulation 2016 / 589 of the european parliament and the council41 . it should facilitate the posting of workers governed by directive 96 / 71 / ec of the european parliament and the council42 and directive 2014 / 67 / eu of the european parliament and the council43 , including by supporting the enforcement of those provisions implemented through universally applicable collective agreements in line with the practices of member states . it should also help the efficient coordination of social security systems governed by regulation no 883 / 2004 of the european parliament and the council44 , regulation no 987 / 2009 of the european parliament and the council45 , regulation no 1231 / 2010 of the european parliament and the council46 ; as well as council regulation no 1408 / 7147 and council regulation no 574 / 7248 . _________________ 39 regulation no 492 / 2011 of the european parliament and of the council of 5 april 2011 on freedom of movement for workers within the union . 40 directive 2014 / 54 / eu of the european parliament and the council of 16 april 2014 on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers . 41 regulation 2016 / 589 of the european parliament and the council of 13 april 2016 on a european network of employment services , workers’ access to mobility services and the further integration of labour markets , and amending regulations no 492 / 2011 and no 1296 / 2013 . 42 directive 96 / 71 / ec of the european parliament and of the council of 16 december 1996 concerning the posting of workers in the framework of the provision of services . 43 directive 2014 / 67 / eu of the european parliament and of the council of 15 may 2014 on the enforcement of directive 96 / 71 / ec concerning the posting of workers in the framework of the provision of services and amending regulation no 1024 / 2012 on administrative cooperation through the internal market information system . 44 regulation no 883 / 2004 of the european parliament and of the council of 29 april 2004 on the coordination of social security systems , . 45 regulation no 987 / 2009 of the european parliament and of the council of 16 september 2009 laying down the procedure for implementing regulation no 883 / 2004 on the coordination of social security systems , . 46 regulation no 1231 / 2010 of the european parliament and of the council of 24 november 2010 extending regulation no 883 / 2004 and regulation no 987 / 2009 to nationals of third countries who are not already covered by these regulations solely on the ground of their nationality . 47 council regulation no 1408 / 71 of 14 june 1971 on the application of social security schemes to employed persons , to self - employed persons and to members of their families moving within the community . 48 council regulation no 574 / 72 of 21 march 1972 laying down the procedure for implementing regulation no 1408 / 71 on the application of social security schemes to employed persons , to self - employed persons , and to their families moving within the community .


### for these purposes , the authority should cooperate with other relevant union initiatives and networks , in particular the european network of public employment services 54 , the european enterprise network55 , the border focal point56 and solvit57 , as well as with relevant national services such as the bodies to promote equal treatment and to support union workers and members of their family , designated by member states under directive 2014 / 54 / eu , and national contact points designated under directive 2011 / 24 / eu of the european parliament and of the council58 to provide information on healthcare . the authority should also explore synergies with the proposed european services e - card59 , notably with regard to those cases in which member states opt for the submission of declarations regarding posted workers through the e - card platform . the authority should replace the commission in managing the european network of employment services european coordination office established pursuant to regulation no 2016 / 589 , including the definition of user needs and business requirements for the effectiveness of the eures portal and related it services , but excluding the it provision , and the operation and development of the it infrastructure , which will continue to be ensured by the commission . _________________ 54 decision no 573 / 2014 / eu of the european parliament and of the council of 15 may 2014 on enhanced cooperation between public employment services . 55 european enterprise network , https : / / een . ec . europa . eu / 56 communication from the commission to the council and the european parliament , boosting growth and cohesion in eu border regions , com 534 . 57 commission recommendation of 17 september 2013 on the principles governing solvit . 58 directive 2011 / 24 / eu of the european parliament and of the council of 9 march 2011 on the application of patients’ rights in cross - border healthcare . 59 com 824 final and com 823 final . ### for these purposes , the authority should cooperate with other relevant union initiatives and networks , in particular the european network of public employment services 54 , the european enterprise network55 , the border focal point56 and solvit57 , as well as with relevant national services such as the bodies to promote equal treatment and to support union workers and members of their family , designated by member states under directive 2014 / 54 / eu , and national contact points designated under directive 2011 / 24 / eu of the european parliament and of the council58 to provide information on healthcare . _________________ 54 decision no 573 / 2014 / eu of the european parliament and of the council of 15 may 2014 on enhanced cooperation between public employment services . 55 european enterprise network , https : / / een . ec . europa . eu / 56 communication from the commission to the council and the european parliament , boosting growth and cohesion in eu border regions , com 534 . 57 commission recommendation of 17 september 2013 on the principles governing solvit . 58 directive 2011 / 24 / eu of the european parliament and of the council of 9 march 2011 on the application of patients’ rights in cross - border healthcare .


### the management board shall be composed of one senior representative from each member state and two representatives of the commission , all of whom have voting rights . ### the management board shall be composed of : one senior representative from each member state ; one member representing the employers’ organisation from each member state ; one member representing the employees’ organisations from each member state ; two representatives of the commission ; all of whom have voting rights


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


### the authority should provide a platform for resolving disputes between member states in relation to the application of union law that falls within its scope . it should build on dialogue and conciliation mechanisms that are currently in place in the area of social security coordination , which are valued by member states60 and their importance is recognised by the court of justice61 . member states should be able to refer cases to the authority for mediation according to standard procedures put in place for this purpose . the authority should only deal with disputes between member states , while individuals and employers facing difficulties with exercising their union rights should continue to have at their disposal the national and union services dedicated to dealing with such cases , such as the solvit network to which the authority should refer such cases . the solvit network should also be able to refer to the authority for its consideration cases in which the problem cannot be solved due to differences between national administrations . _________________ 60 council , partial general approach of 26 october 2017 on the proposal for a regulation amending regulation no 883 / 2004 on the coordination of social security systems and regulation no 987 / 2009 laying down the procedure for implementing regulation no 883 / 2004 13645 / 1 / 17 . 61 case c - 236 / 88 eu : c : 1990 : 303 , paragraph 17 ; case c - 202 / 97 eu : c : 2000 : 75 , paragraphs 57 - 58 ; case c - 178 / 97 eu : c : 2000 : 169 , paragraphs 44 - 45 ; case c - 2 / 05 eu : c : 2006 : 69 , paragraphs 28 - 29 ; case c - 12 / 14 eu : c : 2016 : 135 , paragraphs 39 - 41 ; case c - 359 / 16 eu : c : 2018 : 63 , paragraphs 44 - 45 . ### the authority should provide a platform for resolving disputes between member states in relation to the application of union law that falls within its scope . it should build on democratic dialogue and conciliation mechanisms that are currently in place in the area of social security coordination , which are valued by member states60 and their importance is recognised by the court of justice61 . member states should be able to refer cases to the authority for mediation according to standard procedures put in place for this purpose . the authority should only deal with disputes between member states , while individuals and employers facing difficulties with exercising their union rights should continue to have at their disposal the national and union services dedicated to dealing with such cases , such as the solvit network to which the authority should refer such cases . the solvit network should also be able to refer to the authority for its consideration cases in which the problem cannot be solved due to differences between national administrations . _________________ 60 council , partial general approach of 26 october 2017 on the proposal for a regulation amending regulation no 883 / 2004 on the coordination of social security systems and regulation no 987 / 2009 laying down the procedure for implementing regulation no 883 / 2004 13645 / 1 / 17 . 61 case c - 236 / 88 eu : c : 1990 : 303 , paragraph 17 ; case c - 202 / 97 eu : c : 2000 : 75 , paragraphs 57 - 58 ; case c - 178 / 97 eu : c : 2000 : 169 , paragraphs 44 - 45 ; case c - 2 / 05 eu : c : 2006 : 69 , paragraphs 28 - 29 ; case c - 12 / 14 eu : c : 2016 : 135 , paragraphs 39 - 41 ; case c - 359 / 16 eu : c : 2018 : 63 , paragraphs 44 - 45 .


### promote opportunities to support the labour mobility of individuals , including through guidance on access to learning and language training ; ### promote equal opportunities to support the labour mobility of individuals and families , including through guidance on access to learning and language training ;


### information on concerted and joint inspections shall be included in quarterly reports to be submitted to the management board . a yearly report on the inspections supported by the authority shall be included in the authority ' s annual activity report . ### information on concerted and joint inspections shall be included in quarterly reports to be submitted to the management board . a yearly report on the inspections supported by the authority , which shall be gender - mainstreamed and include gender - disaggregated data and a separate chapter on gender equality , shall be included in the authority ' s annual activity report and shall be publicly disseminated on ela website .


### the authority should directly rely on the expertise of relevant stakeholders in the areas under its scope through a dedicated stakeholder group . the members should be representatives of union - level social partners . in carrying out its activities , the stakeholder group will take due account of the opinions and draw on the expertise of the advisory committee for the coordination of social security systems established by regulation no 883 / 2004 and the advisory committee on the free movement of workers established pursuant to regulation no 492 / 2011 . ### the authority should directly rely on the expertise of relevant stakeholders in the areas under its scope through a dedicated stakeholder group . the members should be representatives of union - level and member state - level social partners . in carrying out its activities , the stakeholder group will take due account of the opinions and draw on the expertise of the advisory committee for the coordination of social security systems established by regulation no 883 / 2004 and the advisory committee on the free movement of workers established pursuant to regulation no 492 / 2011 .


### the authority should provide a platform for resolving disputes between member states in relation to the application of union law that falls within its scope . it should build on dialogue and conciliation mechanisms that are currently in place in the area of social security coordination , which are valued by member states60 and their importance is recognised by the court of justice61 . member states should be able to refer cases to the authority for mediation according to standard procedures put in place for this purpose . the authority should only deal with disputes between member states , while individuals and employers facing difficulties with exercising their union rights should continue to have at their disposal the national and union services dedicated to dealing with such cases , such as the solvit network to which the authority should refer such cases . the solvit network should also be able to refer to the authority for its consideration cases in which the problem cannot be solved due to differences between national administrations . __________________ 60 council , partial general approach of 26 october 2017 on the proposal for a regulation amending regulation no 883 / 2004 on the coordination of social security systems and regulation no 987 / 2009 laying down the procedure for implementing regulation no 883 / 2004 13645 / 1 / 17 . 61 case c - 236 / 88 eu : c : 1990 : 303 , paragraph 17 ; case c - 202 / 97 eu : c : 2000 : 75 , paragraphs 57 - 58 ; case c - 178 / 97 eu : c : 2000 : 169 , paragraphs 44 - 45 ; case c - 2 / 05 eu : c : 2006 : 69 , paragraphs 28 - 29 ; case c - 12 / 14 eu : c : 2016 : 135 , paragraphs 39 - 41 ; case c - 359 / 16 eu : c : 2018 : 63 , paragraphs 44 - 45 . ### the authority should provide a platform for resolving disputes between member states in relation to the application of union law that falls within its scope . it should build on dialogue and conciliation mechanisms that are currently in place in the area of social security coordination , which are valued by member states60 and their importance is recognised by the court of justice61 . member states should be able to refer cases to the authority for mediation according to standard procedures put in place for this purpose . the authority should only deal with disputes between member states , while individuals and employers facing difficulties with exercising their union rights , and the unions representing them , should continue to have at their disposal the national and union services dedicated to dealing with such cases , such as the solvit network to which the authority should refer such cases . the solvit network should also be able to refer to the authority for its consideration cases in which the problem cannot be solved due to differences between national administrations . however , in the event of recourse to national or eu courts for the settlement of a dispute in the application of eu law , individuals and employers and / or their representative associations should be able to commission the authority with drawing up an expert ' s opinion and call upon it to act as an expert in the case . finally , the authority should be able to recommend that the commission initiate infringement proceedings in the case of a systematic and serious infringement of eu law regarding cross - border mobility . __________________ 60 council , partial general approach of 26 october 2017 on the proposal for a regulation amending regulation no 883 / 2004 on the coordination of social security systems and regulation no 987 / 2009 laying down the procedure for implementing regulation no 883 / 2004 13645 / 1 / 17 . 61 case c - 236 / 88 eu : c : 1990 : 303 , paragraph 17 ; case c - 202 / 97 eu : c : 2000 : 75 , paragraphs 57 - 58 ; case c - 178 / 97 eu : c : 2000 : 169 , paragraphs 44 - 45 ; case c - 2 / 05 eu : c : 2006 : 69 , paragraphs 28 - 29 ; case c - 12 / 14 eu : c : 2016 : 135 , paragraphs 39 - 41 ; case c - 359 / 16 eu : c : 2018 : 63 , paragraphs 44 - 45 .


### to increase member states ' capacity to tackle irregularities with a cross - border dimension in relation to union law within its scope , the authority should support the national authorities in carrying out concerted and joint inspections , including by facilitating the implementation of the inspections in accordance with article 10 of directive 2014 / 67 / eu . these should take place at the request of member states or upon their agreement to the authority ' s suggestion . the authority should provide strategic , logistical , and technical support to member states participating in the concerted or joint inspections in full respect of confidentiality requirements . inspections should be carried out in agreement with the member states concerned and take place fully within the legal framework of national law of member states concerned , which should follow up on the outcomes of the concerted and joint inspections according to national law . ### to increase member states ' capacity to tackle irregularities with a cross - border dimension in relation to union law within its scope , the authority should support the national authorities in carrying out concerted and joint gender responsive inspections , including by facilitating the implementation of the inspections in accordance with article 10 of directive 2014 / 67 / eu . these should take place at the request of member states or upon their agreement to the authority ' s suggestion . the authority should provide strategic , logistical , and technical support to member states participating in the concerted or joint inspections in full respect of confidentiality requirements . inspections should be carried out in agreement with the member states concerned and take place fully within the legal framework of national law of member states concerned , which should follow up on the outcomes of the concerted and joint inspections according to national law .


### the authority should perform its activities in the areas of cross - border labour mobility and social security coordination , including free movement of workers , posting of workers and highly mobile services . it should also enhance cooperation between member states in tackling undeclared work . in cases where the authority , in the course of the performance of its activities , becomes aware of suspected irregularities , including in areas of union law beyond its scope , such as violations of working conditions , health and safety rules , or the employment of illegally staying third - country nationals , it should be able to report them and cooperate on these matters with the commission , competent union bodies , and national authorities where appropriate . ### the authority should perform its activities in the areas of cross - border labour mobility and social security coordination , including free movement of workers , posting of workers and highly mobile services . it should also enhance cooperation between member states in tackling undeclared work . in cases where the authority , in the course of the performance of its activities , becomes aware of suspected irregularities , including in areas of union law beyond its scope , such as violations of working conditions , health and safety rules , it should be able to report them and cooperate efficiently and without delay on these matters with the commission , competent union bodies , and national authorities where appropriate .


### the authority shall assist member states and the commission in matters relating to cross - border labour mobility and the coordination of social security systems within the union . ### the authority shall assist member states and the commission in matters relating to combating social dumping and abusive practices in relation to cross - border labour mobility and the coordination of social security systems within the union .


### in order to keep track of emerging trends , challenges , or loopholes in the areas of labour mobility and social security coordination , the authority should develop an analytical and risk assessment capacity . this should involve carrying out labour market analyses and studies , as well as peer reviews . the authority should monitor potential imbalances in terms of skills and cross - border labour flows , including their possible impact on territorial cohesion . the authority should also support the risk assessment referred to in article 10 of directive 2014 / 67 / eu . the authority should ensure synergies and complementarity with other union agencies or services or networks . this should include seeking input from solvit and similar services on recurring problems encountered by individuals and businesses in the exercise of their rights in the areas under the scope of the authority . the authority should also facilitate and streamline data collection activities provided for by the relevant union laws within its scope . this does not entail the creation of new reporting obligations for member states . ### in order to keep track of emerging trends , challenges , or loopholes in the areas of labour mobility and social security coordination , the authority should develop an analytical and risk assessment capacity . this should involve carrying out labour market analyses and studies , as well as peer reviews , always mainstreaming gender and using gender related indicators when doing so . the authority should monitor potential imbalances in terms of skills and cross - border , and gender labour flows , including their possible impact on territorial and social cohesion . the authority should also support the risk assessment referred to in article 10 of directive 2014 / 67 / eu . the authority should ensure synergies and complementarity with other union agencies or services or networks . this should include seeking input from solvit and similar services on recurring problems encountered by individuals and businesses in the exercise of their rights in the areas under the scope of the authority . the authority should also facilitate and streamline data collection activities provided for by the relevant union laws within its scope . this does not entail the creation of new reporting obligations for member states .


### photographs , facial images , dactylographic data and dna profiles shall only be entered following a quality check to ascertain the fulfilment of a minimum data quality standard . ### photographs , facial images and fingerprints shall only be entered following a quality check to ascertain the fulfilment of a minimum data quality standard .


### for the purposes of discreet checks , inquiry checks or specific checks , all or some of the following information shall be collected and communicated to the authority issuing the alert when border control checks , police and customs checks or other law enforcement activities are carried out within a member state : ### for the purposes of discreet checks or specific checks , all or some of the following information shall be collected and communicated to the authority issuing the alert when border control checks , police and customs checks or other law enforcement activities are carried out within a member state :


### ‘ serious crime’ means offences listed in article 2 and of framework decision 2002 / 584 / jha of 13 june 200271 ; _________________ 71 council framework decision 2002 / 584 / jha of 13 june 2002 on the european arrest warrant and the surrender procedures between member state . ### ‘ serious crime’ means offences listed in article 2 of framework decision 2002 / 584 / jha of 13 june 200271 ; _________________ 71 council framework decision 2002 / 584 / jha of 13 june 2002 on the european arrest warrant and the surrender procedures between member state .


### this regulation should set out the conditions for use of dactylographic data and facial images for identification purposes . the use of facial images for identification purposes in sis should also help to ensure consistency in border control procedures where the identification and the verification of identity are required by the use of fingerprints and facial images . searching with dactylographic data should be mandatory if there is any doubt concerning the identity of a person . facial images for identification purposes should only be used in the context of regular border controls in self - service kiosks and electronic gates . ### this regulation should set out the conditions for use of dactylographic data and facial images for identification purposes . the use of facial images for identification purposes in sis should also help to ensure consistency in border control procedures where the identification and the verification of identity are required by the use of fingerprints and facial images . facial images for identification purposes should only be used in the context of regular border controls in self - service kiosks and electronic gates .


### specific rules for entering photographs , facial images , dactylographic data and dna profiles ### specific rules for entering photographs , facial images and fingerprints


### photographs , facial images , dactylographic data and dna profiles shall be retrieved from sis to verify the identity of a person who has been located as a result of an alphanumeric search made in sis . ### photographs , facial images and fingerprints shall be retrieved from sis to verify the identity of a person who has been located as a result of an alphanumeric search made in sis .


### alerts should not be kept in sis longer than the time required to fulfil the purposes for which they were issued . in order to reduce the administrative burden on the different authorities involved in processing data on individuals for different purposes , it is appropriate to align the retention period of alerts on persons with the retention periods envisaged for return and illegal stay purposes . moreover , member states regularly extend the expiry date of alerts on persons if the required action could not be taken within the original time period . therefore , the retention period for alerts on persons should be a maximum of five years . as a general principle , alerts on persons should be automatically deleted from sis after a period of five years , except for alerts issued for the purposes of discreet , specific and inquiry checks . these should be deleted after one year . alerts on objects entered for discreet checks , inquiry checks or specific checks should be automatically deleted from the sis after a period of one year , as they are always related to persons . alerts on objects for seizure or use as evidence in criminal proceedings should be automatically deleted from sis after a period of five years , as after such a period the likelihood of finding them is very low and their economic value is significantly diminished . alerts on issued and blank identification documents should be kept for 10 years , as the validity period of documents is 10 years at the time of issuance . decisions to keep alerts on persons should be based on a comprehensive individual assessment . member states should review alerts on persons within the defined period and keep statistics about the number of alerts on persons for which the retention period has been extended . ### alerts should not be kept in sis longer than the time required to fulfil the purposes for which they were issued . moreover , member states regularly extend the expiry date of alerts on persons if the required action could not be taken within the original time period . therefore , the retention period for alerts on persons should be a maximum of three years . as a general principle , alerts on persons should be automatically deleted from sis after a period of three years , except for alerts issued for the purposes of discreet and specific checks . these should be deleted after one year . alerts on objects entered for discreet checks or specific checks should be automatically deleted from the sis after a period of one year , as they are always related to persons . alerts on objects for seizure or use as evidence in criminal proceedings should be automatically deleted from sis after a period of five years , as after such a period the likelihood of finding them is very low and their economic value is significantly diminished . alerts on issued and blank identification documents should be kept for 10 years , as the validity period of documents is 10 years at the time of issuance . decisions to keep alerts on persons should be based on a comprehensive individual assessment . member states should review alerts on persons within the defined period and keep statistics about the number of alerts on persons for which the retention period has been extended .


### where there is a clear indication that a person intends to commit or is committing a serious crime , in particular the offences referred to in article 2 of the framework decision 2002 / 584 / jha ; ### where there is a tangible indication that a person intends to commit or is committing a serious crime , in particular the offences referred to in article 2 of the framework decision 2002 / 584 / jha ;


### specific rules for verification or search with photographs , facial images , dactylographic data and dna profiles ### specific rules for verification or search with photographs , facial images and prints


### a member state issuing an alert shall , within five years of its entry into sis , review the need to retain it . alerts issued for the purposes of article 36 of this regulation shall be kept for a maximum period of one year . ### a member state issuing an alert shall , within three years of its entry into sis , review the need to retain it . alerts issued for the purposes of article 36 of this regulation shall be kept for a maximum period of one year .


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


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


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


### the assessment of further pollutant emission reduction potential , on the basis of available technologies and cost / benefit analysis ; ### the assessment of further pollutant emission reduction potential , on the basis of available technologies .


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


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


### with a view to further reducing administrative burden whilst rendering the documents less prone to tampering , the commission should as a second step , after the adoption of this directive , examine the possibility of introducing an electronic version of service record books and logbooks , as well as electronic professional cards incorporating union certificates of qualifications . in doing so , the commission should take existing technologies in other modes of transport into account , in particular road transport . after conducting an impact assessment including of cost - benefit and of the impacts on the fundamental rights , in particular in relation to the protection of personal data , the commission should present , if appropriate , a proposal to the european parliament and the council . ### with a view to further reducing administrative burden whilst rendering the documents less prone to tampering , the commission should consider adopting a suitable legal framework for the introduction of an electronic version of service record books and logbooks , as well as electronic professional cards incorporating union certificates of qualifications . in doing so , the commission should take existing technologies in other modes of transport into account , in particular road transport . it should also take into account usability and accessibility in line with the united nations convention on the rights of persons with disabilities . after conducting an impact assessment including of cost - benefit and of the impacts on the fundamental rights , in particular in relation to the protection of personal data , the commission should present , if appropriate , a proposal to the european parliament and the council . it is also necessary for tamper - proof equipment to be provided for the electronic recording of working hours and duties performed by all crew members .


### an examination verifying compliance with the standards of competence referred to in article 15 is carried out by qualified examiners . ### an examination verifying compliance with the standards of competence referred to in article 15 is carried out by qualified independent examiners , free from conflicts of interests .


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


### - have a minimum of five years ' work experience prior to the enrolment in the training programme ; ### - have a minimum of four years ' work experience prior to the enrolment in the training programme ;


### for reasons of cost - effectiveness , holding union certificates of qualification should not be made compulsory on national inland waterways not linked to the navigable network of another member state . ### in order to ensure safety of navigation , labour mobility cost - effectiveness and proportionality , member states may opt to make union certificates of qualification compulsory on national inland waterways not linked to the navigable network of another member state .


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


### every quarter , eu - lisa shall publish statistics on the ees showing in particular the number , nationality and border crossing point of entry of overstayers , of third country nationals who were refused entry , including the grounds for refusal , and of third country nationals whose stays were revoked or extended as well as the number of third country nationals exempt from the requirement to give fingerprints . ### every quarter , eu - lisa shall publish statistics on the ees showing in particular the number , nationality , age , gender , duration of stay and number of third country nationals at border crossing points .


### if a request for correction or deletion is made to a member state other than the member state responsible , the authorities of the member state to which the request has been made shall check the accuracy of the data and the lawfulness of the data processing in the ees within a time limit of one month if that check can be done without consulting the member state responsible . otherwise the member state other than the member state responsible shall contact the authorities of the member state responsible within a time limit of 14 days and the member state responsible shall check the accuracy of the data and the lawfulness of the data processing within a time limit of one month . ### if a request for correction or deletion is made to a member state other than the member state responsible , the authorities of the member state to which the request has been made shall check the accuracy of the data and the lawfulness of the data processing in the ees within a time limit of 14 days if that check can be done without consulting the member state responsible . otherwise the member state other than the member state responsible shall contact the authorities of the member state responsible within a time limit of seven days and the member state responsible shall check the accuracy of the data and the lawfulness of the data processing within a time limit of 14 days .


### if a request for correction or deletion is made to a member state other than the member state responsible , the authorities of the member state to which the request has been made shall check the accuracy of the data and the lawfulness of the data processing in the ees within a time limit of one month if that check can be done without consulting the member state responsible . otherwise the member state other than the member state responsible shall contact the authorities of the member state responsible within a time limit of 14 days and the member state responsible shall check the accuracy of the data and the lawfulness of the data processing within a time limit of one month . ### if a request for correction or deletion is made to a member state other than the member state responsible , the authorities of the member state to which the request has been made shall check the accuracy of the data and the lawfulness of the data processing in the ees within a time limit of 14 days if that check can be done without consulting the member state responsible . otherwise the member state other than the member state responsible shall contact the authorities of the member state responsible within a time limit of seven days and the member state responsible shall check the accuracy of the data and the lawfulness of the data processing within a time limit of 14 days . pending the amendments , no measure may be taken with regard to the person concerned on the basis of the contested information .


### if there is no exit record following the date of expiry of the authorised period of stay , the data shall be stored for a period of five years following the last day of the authorised stay . the ees shall automatically inform the member states three months in advance of the scheduled deletion of data on overstayers in order for them to adopt the appropriate measures . ### if there is no exit record following the date of expiry of the authorised period of stay , the data shall be stored for a period of 90 days following the last day of the authorised stay .


### nationality , gender and date of birth of the third country national ; ### nationality , gender and year of birth of the third country national ;


### comparisons of data on the basis of a latent fingerprint , which is the dactyloscopic trace which may be found at a crime scene , is fundamental in the field of police cooperation . the possibility to compare a latent fingerprint with the fingerprint data which is stored in the ees in cases where there are reasonable grounds for believing that the perpetrator or victim may be registered in the ees should provide the law enforcement authorities of the member states with a very valuable tool in preventing , detecting or investigating terrorist offences or other serious criminal offences , when for example the only evidence at a crime scene are latent fingerprints . ### the possibility to compare a latent fingerprint with the fingerprint data which is stored in the ees in cases where there are reasonable grounds for believing that the perpetrator may be registered in the ees could provide the law enforcement authorities of the member states with a tool for preventing , detecting or investigating terrorist offences or other serious criminal offences . it ought to be possible for these comparisons to be authorised only on the basis of an explicit request , under the same conditions as in the case of the other law enforcement authorities .


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


### the third country or international organisation agrees to use the data only for the purpose for which they were provided ; ### the third country or international organisation , which must have an adequate level of protection of personal data , agrees to use the data only for the purpose for which they were provided ;


### free up border control resources from performing checks that can be automated and enable better focus on the assessment of third country nationals ; ### free up border control resources from performing checks that can be automated and enable border control personnel to better focus on effective border control ;


### to meet those objectives , the ees should process alphanumeric data and biometric data . the use of biometrics , despite its impact on the privacy of travellers , is justified for two reasons . firstly , biometrics are a reliable method to identify third country nationals within the territory of the member states not in possession of travel documents or any other means of identification , a common modus operandi of irregular migrants . secondly , biometrics provide for the more reliable matching of entry and exit data of legal travellers . where facial images are used in combination with fingerprint data , it allows for the reduction of fingerprints registered while enabling the same result in terms of accuracy of the identification . ### to meet those objectives , the ees should process alphanumeric data . in view of its impact on the privacy of travellers , the use of biometrics shall be permitted only on an exceptional basis and for clearly determined purposes , taking account of the precise aims that the using authorities seek to attain . when data are used to identify third country nationals within the territory of the member states not in possession of travel documents or any other means of identification , that use should take account of the situation of the persons concerned with regard to their country of origin and should not under any circumstances be able to prevent the implementation of the 1951 geneva convention . the alleged reliability of biometrics , irrespective of the situation of travellers , cannot be adduced without taking into account the consequences of the use of this resource in relation to the rights of the persons concerned . as for the use of facial images in combination with fingerprint data , it should be considered only with the aim of permitting a substantial reduction in the number of fingerprints registered , taking into account the risks associated with these multiple collections of data with reference to the fundamental rights of the persons concerned ;


### three years after the start of operations of the ees and every four years thereafter , the commission shall produce an overall evaluation of the ees . this overall evaluation shall include an examination of results achieved against objectives and the impact on fundamental rights , and assessing the continuing validity of the underlying rationale , the application of the regulation , the security of the ees and any implications on future operations , and shall make any necessary recommendations . the commission shall transmit the evaluation report to the european parliament and the council . ### one year after the start of operations of the ees and every two years thereafter , the commission shall produce an overall evaluation of the ees . this overall evaluation shall include an examination of results achieved against objectives and the impact on fundamental rights , and assessing the continuing validity of the underlying rationale , the application of the regulation , the security of the ees and any implications on future operations , and shall make any necessary recommendations . the commission shall transmit the evaluation report to the european parliament and the council .


### three years after the start of operations of the ees and every four years thereafter , the commission shall produce an overall evaluation of the ees . this overall evaluation shall include an examination of results achieved against objectives and the impact on fundamental rights , and assessing the continuing validity of the underlying rationale , the application of the regulation , the security of the ees and any implications on future operations , and shall make any necessary recommendations . the commission shall transmit the evaluation report to the european parliament and the council . ### two years after the start of operations of the ees and every two years thereafter , the commission shall produce an overall evaluation of the ees . this overall evaluation shall include an examination of results achieved against objectives and the impact on fundamental rights , and assessing the continuing validity of the underlying rationale , the application of the regulation , the security of the ees and any implications on future operations , and shall make any necessary recommendations . the commission shall transmit the evaluation report to the european parliament , the council and the european data protection supervisor .


### each member state shall designate a national authority , which shall provide the competent authorities referred to in article 8 with access to the ees . each member state shall connect that national authority to the national uniform interface . each member state and europol shall connect their respective central access points referred to in article 26 and 27 to the national uniform interface . ### each member state shall designate an independent national supervisory authority , which shall provide the competent authorities referred to in article 8 with access to the ees . each member state shall connect that national authority to the national uniform interface . each member state and europol shall connect their respective central contact points referred to in article 26 and 27 to the national uniform interface .


### moreover , europol plays a key role with respect to cooperation between member states’ authorities in the field of cross - border crime investigation in supporting union - wide crime prevention , analyses and investigation . consequently , europol should also have access to the ees within the framework of its tasks and in accordance with council decision 2009 / 371 / jha25 . _________________ 25 council decision 2009 / 371 / jha of 6 april 2009 establishing the european police office . ### moreover , europol plays a key role with respect to cooperation between member states’ authorities in the field of cross - border crime investigation in supporting union - wide crime prevention , analyses and investigation . however , in accordance with the principles of necessity , proportionality and specific purpose , europol should have access to the ees within the framework of its tasks and in accordance with council decision 2009 / 371 / jha only as a result of an explicit , substantiated request .


### however , that prior search does not have to be conducted where there are reasonable grounds to believe that a comparison with the systems of the other member states would not lead to the verification of the identity of the data subject . those reasonable grounds shall be included in the electronic request for comparison with ees data sent by the designated authority to the central access point . ### any request for consultation must be made electronically and must explain how the comparison with the ees data addressed to the central access point by the designated authority is justified and in particular why the prior search in the systems of the other member states has failed to produce results or why it cannot or could not be used .


### this regulation also lays down in its chapter iv the conditions under which member states’ designated law enforcement authorities and the european police office may obtain access for consultation of the ees for the purposes of the prevention , detection and investigation of terrorist offences or of other serious criminal offences . ### this regulation also lays down in its chapter iv the secondary , exceptional objective of the ees , namely the prevention , detection and investigation of terrorist offences or of other serious criminal offences , creating the conditions under which member states’ designated law enforcement authorities and the european police office may obtain access to the ees for consultation .


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


### access for consultation is necessary in a specific case ; ### consultation must necessarily be undertaken for a specific case ;


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


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


### an obligation for the road transport operator established in another member state to send a posting declaration to the national competent authorities at the latest at the commencement of the posting , in electronic form , in an official language of the host member state or in english , containing only the following information : ### for each posted driver and each posting , an obligation for the road transport operator established in another member state to send a posting declaration to the national competent authorities prior to the commencement of the posting , in a standardised electronic form developed and made available by the commission , at the latest two years after the publication of the directive , in an official language of the host member state or in english , containing at least the following information :


### an obligation for the road transport operator established in another member state to send a posting declaration to the national competent authorities at the latest at the commencement of the posting , in electronic form , in an official language of the host member state or in english , containing only the following information : ### an obligation for the road transport operator established in another member state to send a posting declaration to the national competent authorities at the latest at the commencement of the posting , in a standardised electronic form developed and made available by the commission in all official languages of the union , containing only the following information :


### an obligation for the driver to keep and make available , where requested at the roadside control , in paper or electronic form , a copy of the posting declaration and evidence of transport operation taking place in the host member state , such as an electronic consignment note or evidence referred to in article 8 of regulation no 1072 / 2009 of the european parliament and of the council . ### an obligation for the road transport operator to provide the posted driver with the following documents for the purpose of roadside control : a copy of the posting declaration in paper or electronic form ; the evidence of the transport operation taking place in the host member state as referred in the legal act amending regulation no 1072 / 2009 of the european parliament and of the council ; the electronic consignment note a copy of the employment contract translated into one of the official languages of the host member state , or into another language accepted by the host member state ; a copy of the payslips for the last two months , in paper or electronic form ;


### an obligation for the road transport operator established in another member state to send a posting declaration to the national competent authorities at the latest at the commencement of the posting , in electronic form , in an official language of the host member state or in english , containing only the following information : ### for each posted driver and each posting , an obligation for the road transport operator established in another member state to send a posting declaration to the national competent authorities at the latest at the commencement of the posting , in a standardized electronic form developed and made available by the commission in all official languages of the union , containing at least the following information :


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


### the general objective of the programme is to protect and promote rights and values as enshrined in the eu treaties , including by supporting civil society organisations , in order to sustain open , democratic and inclusive societies . ### the general objective of the programme is to protect and promote rights and values as enshrined in the eu treaties , including by supporting and building the capacity of civil society organisations at local , national and transnational levels in order to sustain open , democratic and inclusive societies .


### any legal entity created under union law or any international organisation ; ### any non - profit legal entity created under union law or any international organisation ;


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


### the financial envelope for the implementation of the programme for the period 2021 &#8211 ; 2027 shall be eur [ 641 705 000 ] in current prices . ### the financial envelope for the implementation of the programme for the period 2021 &#8211 ; 2027 shall be eur [ 1 400 000 000 ] in current prices .


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


### the general objective of the programme is to protect and promote rights and values as enshrined in the eu treaties , including by supporting civil society organisations , in order to sustain open , democratic and inclusive societies . ### the general objective of the programme is to protect and promote the rights and values of the citizens as enshrined in the eu treaties , including by supporting and building the capacity of civil society organisations at local , regional , national and transnational levels , in order to sustain open , democratic and inclusive societies .


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


### ' 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 on the grounds of the birth or adoption of a child , to be taken around the occasion of the birth or adoption of a child within duration limits of the maternity leave ;


### this directive should avoid imposing administrative , financial and legal constraints in a way which would hold back the creation and development of small and medium - sized undertakings . member states are therefore invited to assess the impact of their transposition act on smes in order to make sure that smes are not disproportionately affected , with specific attention for micro - enterprises and for administrative burden . ### in parallel to the implementation of this directive , member states should draw up a set of administrative , financial and legal measures to bolster the productivity of small and medium - sized undertakings , guaranteeing that leave can be taken without having an impact on smes , particularly in terms of the administrative burden .


### ' paternity leave ' means leave from work for fathers to be taken on the occasion of the birth of a child ; ### ' paternity leave ' means paid and mandatory leave from work for fathers or an equivalent second parent as defined in national law to be taken around the time of the birth , stillbirth or adoption of a child ; the right to paternity leave referred in paragraph 1 shall be granted irrespective of their length of service or the status of their employment relationship .


### 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 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 .


### 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 .


### 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 . ### equality between men and women 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 , 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 .


### 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 .


### 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 fully paid while on leave . the level of the allowance should be equal to the wage of the worker concerned . member states should take into account the importance of the continuity of the entitlements to social security , including healthcare and pension schemes .


### 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 the second parent has the right to take mandatory paid paternity leave of at least fourteen working days on the occasion of the birth or adoption of a child , or at least fifteen days in the event of multiple births or adoptions .


### 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 .


### 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 . ### 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 . ensuring that some parental leave is exclusively available for men prompts fathers to take it , thus promoting fatherhood , especially if the father’s partner is not on leave at the same time . it also promotes and facilitates mothers’ reintegration to work after maternity and parental leave . creating conditions for a more balanced distribution of the responsibilities of care between both parents certainly contributes to an increase in the participation of men and women in employment . 1a __________________ 1a eurofound promoting uptake of parental and paternity leave among fathers in the european union


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