### protection should also extend to further categories of natural or legal persons , who , whilst not being ' workers ' within the meaning of article 45 tfeu , can play a key role in exposing breaches of the law and may find themselves in a position of economic vulnerability in the context of their work - related activities . for instance , in areas such as product safety , suppliers are much closer to the source of possible unfair and illicit manufacturing , import or distribution practices of unsafe products ; in the implementation of union funds , consultants providing their services are in a privileged position to draw attention to breaches they witness . such categories of persons , including self - employed persons providing services , freelance , contractors , sub - contractors and suppliers , are typically subject to retaliation in the form of early termination or cancellation of contract of services , licence or permit , loss of business , loss of income , coercion , intimidation or harassment , blacklisting / business boycotting or damage to their reputation . shareholders and persons in managerial bodies , may also suffer retaliation , for instance in financial terms or in the form of intimidation or harassment , blacklisting or damage to their reputation . protection should also be granted to candidates for employment or for providing services to an organisation who acquired the information on breaches of law during the recruitment process or other pre - contractual negotiation stage , and may suffer retaliation for instance in the form of negative employment references or blacklisting / business boycotting . ### protection should also extend to further categories of natural or legal persons , who , whilst not being ' workers ' within the meaning of article 45 tfeu , can play a key role in exposing breaches of the law and may find themselves in a position of vulnerability vis - à - vis the legal or natural person reported on . for instance , in areas such as product safety , suppliers are much closer to the source of possible unfair and illicit manufacturing , import or distribution practices of unsafe products ; in the implementation of union funds , consultants providing their services are in a privileged position to draw attention to breaches they witness . such categories of persons , including self - employed persons providing services , freelance , contractors , sub - contractors and suppliers , are typically subject to retaliation in the form of early termination or cancellation of contract of services , licence or permit , loss of business , loss of income , coercion , intimidation or harassment , blacklisting / business boycotting or damage to their reputation . shareholders and persons in managerial bodies , may also suffer retaliation , for instance in financial terms or in the form of intimidation or harassment , blacklisting or damage to their reputation . protection should also be granted to candidates for employment or for providing services to an organisation who acquired the information on breaches of law during the recruitment process or other pre - contractual negotiation stage , and may suffer retaliation for instance in the form of negative employment references or blacklisting / business boycotting .


### having regard to article 294 and articles 16 , 33 , 43 , 50 , 53 , 62 , 91 , 100 , 103 , 109 , 114 , 168 , 169 , 192 , 207 and 325 of the treaty on the functioning of the european union and article 31 thereof , ### having regard to the treaty on the functioning of the european union , and in particular articles 16 , 33 , 43 , 50 , 53 , 62 , 91 , 100 , 103 , 109 , 114 , 153 , 154 , 168 , 169 , 192 , 207 and 325 thereof and to the treaty establishing the european atomic energy community , and in particular article 31 thereof ,


### having regard to article 294 and articles 16 , 33 , 43 , 50 , 53 , 62 , 91 , 100 , 103 , 109 , 114 , 168 , 169 , 192 , 207 and 325 of the treaty on the functioning of the european union and article 31 thereof , ### having regard to the treaty on the functioning of the european union , and in particular articles 16 , 19 , 33 , 43 , 50 , 53 , 62 , 77 , 78 , 79 , 83 , 91 , 100 , 103 , 109 , 114 , 153 , 157 , 168 , 169 , 192 , 207 and 325 thereof and to the treaty establishing the european atomic energy community , and in particular article 31 thereof ,


### this article applies also regarding a third country national who holds the nationality of a member state . ### this article shall not apply regarding a third country national who holds the nationality of a member state . any third country national also holding the nationality of a member state shall be treated as a national of that member state in accordance with article 4 .


### the member state where a conviction is handed down against a third country national shall store the following information , unless , in exceptional individual cases , this is not possible : information on the convicted person , gender , nationality and &#8211 ; if applicable &#8211 ; previous name ; information on the nature of the conviction ; information on the offence giving rise to the conviction ; information on the contents of the conviction ; the convicted person ' s parents ' names ; the reference number of the conviction ; the place of the offence ; if applicable , disqualifications arising from the conviction ; the convicted person ' s identity number , or the type and number of the person ' s identification document ; fingerprints of the person ; if applicable , pseudonym and / or alias name . ### the member state where a conviction is handed down against a third country national shall always store the following information , unless , in exceptional individual cases , this is not possible : information on the convicted person , gender , nationality and &#8211 ; if applicable &#8211 ; previous name ; information on the nature of the conviction ; information on the offence giving rise to the conviction ; information on the contents of the conviction ; 1b . the member state where a conviction is handed down against a third country national may store the following information , if available : the convicted person ' s parents ' names ; the reference number of the conviction ; the place of the offence ; if applicable , disqualifications arising from the conviction ; the convicted person ' s identity number , or the type and number of the person ' s identification document ; fingerprints of the person only when the national law of a member state where a conviction is handed down allows for collection and storage of fingerprints of a convicted person ; if applicable , pseudonym and / or alias name .


### whereas the level of overall investment in the union is increasing , investment in higher - risk activities such as research and innovation is still inadequate . the resulting underinvestment in research and innovation is damaging to the industrial and economic competitiveness of the union and the quality of life of its citizens . the investeu fund should provide the appropriate financial products to cover different stages in the innovation cycle and a wide range of stakeholders , in particular to allow the upscaling of and deployment of solutions at a commercial scale in the union , in order to make such solutions competitive on world markets . ### whereas the level of overall investment in the union is increasing , investment in higher - risk activities such as research and innovation is still inadequate . the resulting underinvestment in research and innovation , in particular in cultural and creative industries which are highly contributing to innovation , is damaging to the industrial and economic competitiveness of the union and the quality of life of its citizens . the investeu fund should provide the appropriate financial products to cover different stages in the innovation cycle and a wide range of stakeholders , in particular to allow the upscaling of and deployment of solutions at a commercial scale in the union , in order to make such solutions sustainable and competitive on world markets .


### small and medium - sized enterprises play a crucial role in the union . however , they face challenges when accessing finance because of their perceived high risk and lack of sufficient collateral . additional challenges arise from smes ' need to stay competitive by engaging in digitisation , internationalisation and innovation activities and skilling up their workforce . moreover , compared to larger enterprises , they have access to a more limited set of financing sources : they typically do not issue bonds , have only limited access to stock exchanges or large institutional investors . the challenge in accessing finance is even greater for those smes whose activities focus on intangible assets . smes in the union rely heavily on banks and debt financing in the form of bank overdrafts , bank loans or leasing . supporting smes that face the above challenges and providing more diversified sources of funding is necessary for increasing the ability of smes to finance their creation , growth and development , withstand economic downturns , and for making the economy and the financial system more resilient during economic downturn or shocks . this is also complementary to the initiatives already undertaken in the context of the capital markets union . the investeu fund should provide an opportunity to focus on specific , more targeted financial products . ### small and medium - sized enterprises play a crucial role in the union . however , they face challenges when accessing finance because of their perceived high risk and lack of sufficient collateral . additional challenges arise from smes ' need to stay competitive by engaging in digitisation , internationalisation and innovation activities and skilling up their workforce . moreover , compared to larger enterprises , they have access to a more limited set of financing sources : they typically do not issue bonds , have only limited access to stock exchanges or large institutional investors . the challenge in accessing finance is even greater for those smes whose activities focus on intangible assets , in particular the cultural and creative sectors . smes in the union rely heavily on banks and debt financing in the form of bank overdrafts , bank loans or leasing . supporting smes that face the above challenges and providing more diversified sources of funding is necessary for increasing the ability of smes to finance their creation , growth and development , withstand economic downturns , and for making the economy and the financial system more resilient during economic downturn or shocks . this is also complementary to the initiatives already undertaken in the context of the capital markets union . the investeu fund should provide an opportunity to focus on specific , more targeted financial products .


### the social resilience and inclusiveness of the union ; ### the social resilience and inclusiveness of the union , including strengthening human skills and capabilities as key enablers of economic , cultural and social development with particular focus on young people and on equal opportunities ;


### as set out in the reflection paper on the social dimension of europe16 and the european pillar of social rights17 , building a more inclusive and fairer union is a key priority for the union to tackle inequality and foster social inclusion policies in europe . inequality of opportunities affects in particular access to education , training and health . investment in the social , skills and human capital - related economy , as well as in the integration of vulnerable populations in the society , can enhance economic opportunities , especially if coordinated at union level . the investeu fund should be used to support investment in education and training , help increase employment , in particular among the unskilled and long - term unemployed , and improve the situation with regard to intergenerational solidarity , the health sector , homelessness , digital inclusiveness , community development , the role and place of young people in society as well as vulnerable people , including third country nationals . the investeu programme should also contribute to the support of european culture and creativity . to counter the profound transformations of societies in the union and of the labour market in the coming decade , it is necessary to invest in human capital , microfinance , social enterprise finance and new social economy business models , including social impact investment and social outcomes contracting . the investeu programme should strengthen nascent social market eco - system , increasing the supply of and access to finance to micro - and social enterprises , to meet the demand of those who need it the most . the report of the high - level task - force on investing in social infrastructure in europe18 has identified investment gaps in social infrastructure and services , including for education , training , health and housing , which call for support , including at the union level . therefore , the collective power of public , commercial and philanthropic capital , as well as support from foundations , should be harnessed to support the social market value chain development and a more resilient union . _________________ 16 com 206 . 17 com 250 . 18 published as european economy discussion paper 074 in january 2018 . ### as set out in the reflection paper on the social dimension of europe16 and the european pillar of social rights17 , building a more inclusive and fairer union is a key priority for the union to tackle inequality and foster social inclusion policies in europe . inequality of opportunities affects in particular access to education , training and health . investment in the social , skills and human capital - related economy , as well as in the integration of vulnerable populations in the society , can enhance economic opportunities , especially if coordinated at union level . the investeu fund should be used to support investment in education and training , help increase employment , in particular among the unskilled and long - term unemployed , and improve the situation with regard to intergenerational solidarity , the health sector , homelessness , digital inclusiveness , community development , gender equality , the role and place of young people in society as well as vulnerable people , including third country nationals . the investeu programme should also contribute to the support of culture and creativity in europe , whereby cultural and creative industries are key - drivers for growth and do play a role traditionally at local and regional level , ensuring the socio - economic inclusion and allowing for an integrated sustainable urban regeneration . to counter the profound transformations of societies in the union and of the labour market in the coming decade , it is necessary to invest in human capital , microfinance , social enterprise finance and new social economy business models , including social impact investment and social outcomes contracting . the investeu programme should strengthen nascent social market eco - system , increasing the supply of and access to finance to micro - and social enterprises , ensuring that it meets the demand of those who need it the most . the report of the high - level task - force on investing in social infrastructure in europe18 has identified investment gaps in social infrastructure and services , including for education , training , health and housing , which call for support , including at the union level . therefore , the collective power of public , commercial and philanthropic capital , as well as support from foundations , should be harnessed to support the social market value chain development and a more resilient union . _________________ 16 com 206 . 17 com 250 . 18 published as european economy discussion paper 074 in january 2018 .


### the competitiveness of the union , including innovation and digitisation ; ### the competitiveness of the union , including innovation , &#160 ; digitisation and the cultural dimension ;


### the european investment advisory hub should be enhanced and its activities should focus on needs not covered adequately under current arrangements . it should pay particular attention to supporting the preparation of projects involving two or more member states and projects that contribute to achieving the objectives of cop21 . notwithstanding its objective to build upon existing advisory services of the eib and the commission , so to act as a single technical advisory hub for project financing within the union , the eiah should also contribute actively to the objective of sectorial and geographical diversification of the efsi and support the eib where needed in originating projects . it should also actively contribute to the establishment of investment platforms and provide advice on the combination of other sources of union funding with the efsi . ### the european investment advisory hub should be enhanced through increased accessibility and transparency , and its activities should focus on needs not covered adequately under current arrangements : it should pay particular attention to supporting the preparation of projects providing genuine additionality , involving two or more member states and that contribute to achieving the objectives of cop21 . notwithstanding its objective to build upon existing advisory services of the eib and the commission , so to act as a single technical advisory hub for project financing within the union , the eiah should also contribute actively to the objective of sectorial and geographical diversification of the efsi and support the eib where needed in originating and eventually aggregating projects , for example in the area of energy efficiency . it should also actively contribute to the establishment of investment platforms and provide advice on the combination of other sources of union funding with the efsi , as well as informing about the respective eligibility criteria to be respected by these funds .


### additionality , a key feature of the efsi , should be strengthened in the selection of projects . in particular , operations should only be eligible for efsi support if they address clearly identified market failures or sub - optimal investment situations . operations in infrastructure under the infrastructure and innovation window linking two or more member states , including e - infrastructure , should be considered additional given their inherent difficulty and their high added value for the union . ### additionality , a key feature of the efsi , should be strengthened in the selection of projects . in particular , operations should only be eligible for efsi support if they address clearly identified market failures or sub - optimal investment situations . projects supported by the efsi should also be considered additional when generating long - term societal and environmental benefits . the investment committee shall ensure that additionality is verified in its selection procedure .


### the extended efsi should address remaining market failures and sub - optimal investment situations and continue to mobilise private sector financing in investments crucial for europe’s future job creation – including for the youth – , growth and competitiveness with strengthened additionality . they include investments in the areas of energy , environment and climate action , social and human capital and related infrastructure , healthcare , research and innovation , cross - border and sustainable transport , as well as the digital transformation . in particular , the contribution of operations supported by the efsi to achieving the union’s ambitious targets set at the paris climate conference should be reinforced . energy interconnection priority projects and energy efficiency projects should also be increasingly targeted . in addition , efsi support to motorways should be avoided , unless it is needed to support private investment in transport in cohesion countries or in cross - border transport projects involving at least one cohesion country . for reasons of clarity , although they are already eligible , it should be explicitly laid down that projects in the fields of agriculture , fishery and aquaculture come within the general objectives eligible for efsi support . ### the extended efsi should address remaining market failures and sub - optimal investment situations and continue to mobilise private sector financing in investments crucial for europe’s future job creation – including for the youth – , growth and competitiveness with strengthened additionality . they include investments in the areas of energy , environment and climate action , social and human capital and related infrastructure , healthcare , research and innovation , cross - border and sustainable transport , as well as the digital transformation . in particular , the contribution of operations supported by the efsi to achieving the union’s ambitious targets set at the paris climate conference should be reinforced . electricity interconnection priority projects and energy efficiency projects should also be increasingly targeted . in addition , efsi support to motorways should be avoided , except for cross - border sections as defined in regulation 1316 / 2013 between cohesion countries . for reasons of clarity , it should be explicitly laid down that projects in the fields of agriculture , fishery and aquaculture are not eligible for efsi support . efsi support for fossil fuel projects , especially infrastructure and nuclear installations must be avoided .


### the efsi , implemented and co - sponsored by the eib group , is firmly on track to deliver the objective of mobilising at least eur 315 billion in additional investments in the real economy by mid - 2018 . the market absorption has been particularly quick under the sme window where the efsi is delivering well beyond expectations . in july 2016 the sme window was thus scaled - up by eur 500 million within the existing parameters of regulation no 2015 / 1017 . a larger share of financing to be geared towards smes given the exceptional market demand for sme financing under the efsi : 40% of the increased risk bearing capacity of the efsi should be geared towards increasing access to financing for smes . ### the efsi , implemented and co - sponsored by the eib group , is firmly on track to deliver the objective of mobilising investments in the real economy with over 50% of the investments approved so far being climate relevant , according to the communication from the commission with the title “accelerating europe’s transition to a low - carbon economy” . regulation no 2015 / 1017 must be revised so as to enable the efsi focusing its efforts on sustainable investments allowing the union honouring its paris climate conference commitments . with this in mind , a larger share of financing is also to be geared towards climate relevant projects of smes given the exceptional market demand for sme financing under the efsi : 40% of the increased risk bearing capacity of the efsi should be geared towards increasing access to financing for smes .


### member states that may have a limited cancellation of up to a maximum of 100 million eu ets allowances as defined in article 3 of directive 2003 / 87 / ec collectively taken into account for their compliance under this regulation are listed in annex ii to this regulation . ### member states that may have a limited cancellation of up to a maximum of 50 million eu ets allowances as defined in article 3 of directive 2003 / 87 / ec collectively taken into account for their compliance under this regulation are listed in annex ii to this regulation .


### the approach of annually binding national limits taken in decision no 406 / 2009 / ec of the european parliament and of the council19 should be continued from 2021 to 2030 , with the start of the trajectory calculation in 2020 on the average of the greenhouse gas emissions during 2016 to 2018 and the end of the trajectory being the 2030 limit for each member state . an adjustment to the allocation in 2021 is provided for member states with both a positive limit under decision 406 / 2009 / ec and increasing annual emission allocations between 2017 and 2020 determined pursuant to decisions 2013 / 162 / eu and 2013 / 634 / eu , to reflect the capacity for increased emissions in those years . the european council concluded that the availability and use of existing flexibility instruments within the non - ets sectors should be significantly enhanced in order to ensure cost - effectiveness of the collective union effort and convergence of emissions per capita by 2030 . __________________ 19 decision no 406 / 2009 / ec of the european parliament and of the council of 23 april 2009 on the effort of member states to reduce their greenhouse gas emissions to meet the community’s greenhouse gas emission reduction commitments up to 2020 . ### the approach of annually binding national limits taken in decision no 406 / 2009 / ec of the european parliament and of the council19 should be continued from 2021 to 2030 , with the start of the trajectory calculation in 2017 on the average of the greenhouse gas emissions during 2016 to 2018 and using the 2020 targets established under decision no 406 / 2009 / ec as a maximum limit and the end of the trajectory being the 2030 limit for each member state . the european council concluded that the availability and use of existing flexibility instruments within the non - ets sectors should be significantly enhanced in order to ensure cost - effectiveness of the collective union effort and convergence of emissions per capita by 2030 . __________________ 19 decision no 406 / 2009 / ec of the european parliament and of the council of 23 april 2009 on the effort of member states to reduce their greenhouse gas emissions to meet the community’s greenhouse gas emission reduction commitments up to 2020 .


### the commission shall report to the european parliament and to the council by 28 february 2024 and every five years thereafter on the operation of this regulation , its contribution to the eu ' s overall 2030 greenhouse gas emission reduction target and its contribution to the goals of the paris agreement , and may make proposals if appropriate . ### within six months of the facilitative dialogue to be convened under the unfccc in 2018 to take stock of the collective efforts of parties in relation to progress towards the global long - term goal , and within six months of the global stocktake in 2023 and every five years thereafter , the commission shall submit a report to the european parliament and to the council on the operation of this regulation , its contribution to the eu ' s overall 2030 , 2040 and 2050 greenhouse gas emission reduction targets and assess its contribution to the long - term mitigation goals of the paris agreement and the need to update this regulation to enhance the union´s climate action . the report shall be accompanied , where appropriate , legislative proposals .


### at a member state ' s request , the central administrator designated under article 20 of directive 2003 / 87 / ec shall take into account the quantity referred to in article 4 for that member states ' compliance under article 9 . one - tenth of the quantity of allowances determined pursuant to article 4 shall be cancelled pursuant to article 12 of directive 2003 / 87 / ec for each year from 2021 to 2030 . ### at a member state ' s request , the central administrator designated under article 20 of directive 2003 / 87 / ec shall take into account the quantity referred to in article 4 for that member states ' compliance under article 9 . one - tenth of the quantity of allowances determined pursuant to article 4 shall be cancelled for each year from 2021 to 2030 . article 1 of decision 2015 / 1814 shall not take into account the quantity of allowances cancelled under this paragraph for the determination of the total number of allowances in circulation .


### in order to ensure efficient , transparent and cost - effective reporting and verification of greenhouse gas emissions and of other information necessary to assess progress with member state ' s annual emissions allocations , the requirements for annual reporting and evaluation under this regulation are integrated with the relevant articles under regulation no . 525 / 2013 , which should therefore be amended accordingly . the amendment of that regulation should also ensure that progress of member states in making emission reductions continues to be evaluated annually , taking into account progress in union policies and measures and information from member states . every two years , the evaluation should include the projected progress of the union towards meeting its reduction commitments and of member states towards fulfilling their obligations . however , the application of deductions should only be considered at five - year intervals , so that the potential contribution from deforested land , afforested land , managed cropland and managed grassland taking place pursuant to regulation [ ] can be considered . this is without prejudice to the duty of the commission to ensure compliance with the obligations of member states resulting from this regulation or to the power of the commission to initiate infringement proceedings for this purpose . ### in order to ensure efficient , transparent and cost - effective reporting and verification of greenhouse gas emissions and of other information necessary to assess progress with member state ' s annual emissions allocations , the requirements for annual reporting and evaluation under this regulation are integrated with the relevant articles under regulation no . 525 / 2013 , which should therefore be amended accordingly . the amendment of that regulation should also ensure that progress of member states in making emission reductions continues to be evaluated annually , taking into account progress in union policies and measures and information from member states . every two years , the evaluation should include the projected progress of the union towards meeting its reduction commitments and of member states towards fulfilling their obligations . the application of deductions should be at yearly intervals . it is the duty of the commission to ensure compliance with the obligations of member states resulting from this regulation and to initiate infringement proceedings for this purpose .


### to the extent that a member state ' s emissions exceed its annual emission allocations for a given year , a quantity up to the sum of total net removals and total net emissions from the combined accounting categories of deforested land , afforested land , managed cropland and managed grassland referred to in article 2 of regulation [ ] [ lulucf ] may be taken into account for its compliance under article 9 of this regulation for that year , provided that : ### to the extent that a member state ' s emissions exceed its annual emission allocations for a given year , a quantity up to the sum of total net removals and total net emissions from the combined accounting categories of managed cropland , managed grassland and managed wetlands referred to in article 2 of regulation [ ] [ lulucf ] may be taken into account for its compliance under article 9 of this regulation for that year , provided that :


### this implementing act shall also specify , based on the percentages notified by member states under article 6 , the quantities that may be taken into account for their compliance under article 9 between 2021 and 2030 . if the sum of all member states ' quantities were to exceed the collective total of 100 million , the quantities for each member state shall be reduced on a pro rata basis so that the collective total is not exceeded . ### this implementing act shall also specify , based on the percentages notified by member states under article 6 , the quantities that may be taken into account for their compliance under article 9 between 2021 and 2030 . if the sum of all member states ' quantities were to exceed the collective total of 50 million , the quantities for each member state shall be reduced on a pro rata basis so that the collective total is not exceeded .


### in 2027 and 2032 , if the reviewed greenhouse gas emissions of a member state exceed its annual emission allocation for any specific year of the period , pursuant to paragraph 2 of this article and the flexibilities used pursuant to articles 5 to 7 , the following measures shall apply : ### if the reviewed greenhouse gas emissions of a member state exceed its annual emission allocation for any specific year of the period , pursuant to paragraph 2 of this article and the flexibilities used pursuant to articles 5 to 7 , the following measures shall apply :


### support the digital transformation of health and care ### support the digital transformation of health and care in particular by establishing links to programmes that support media literacy and digital skills


### under the health strand , the esf + shall support health promotion and disease prevention , contribute to effectiveness , accessibility and resilience of health systems , make healthcare safer , reduce health inequalities , protect citizens from cross - border health threats , and support eu health legislation . ### under the health strand , the esf + shall contribute to a high level of human health protection and disease prevention , contribute to effectiveness , accessibility and resilience of health systems , make healthcare safer , reduce health inequalities , protect citizens from cross - border health threats , including those resulting from contaminants in food and water and air pollution , and strengthen and support eu health - related legislation , including in the area of environmental health .


### the health strand of the esf + should contribute to disease prevention throughout the lifetime of the union ' s citizens and to health promotion by addressing health risk factors such as tobacco use and passive smoking , harmful use of alcohol , consumption of illicit drugs and reduction of drugs - related health damage , unhealthy dietary habits and physical inactivity and foster supportive environments for healthy lifestyles in order to complement member states action in line with the relevant strategies . the health strand of the esf + should mainstream effective prevention models , innovative technologies and new business models and solutions to contribute to innovative , efficient and sustainable health systems of the member states and facilitate access to better and safer healthcare for european citizens . ### the health strand of the esf + should contribute to disease prevention throughout the lifetime of the union ' s citizens and to health promotion by addressing health risk factors such as tobacco use and passive smoking , harmful use of alcohol , exposure to environmental pollution , such as indoor and outdoor pollution , pesticides and toxic chemicals in food and water , consumption of illicit drugs and reduction of drugs - related health damage , unhealthy dietary habits and physical inactivity and foster supportive environments for healthy lifestyles and greater public awareness of risk factors in order to complement member states action in line with the relevant strategies . the health strand of the esf + should support implementation of the relevant union legislation , mainstream effective prevention and awareness raising models , innovative technologies and new business models and solutions to contribute to accessible , innovative , efficient and sustainable health systems of the member states and facilitate access to better and safer healthcare for european citizens .


### reducing the burden of resistant infections and healthcare associated infections and securing the availability of effective antimicrobials is essential for the efficiency of health systems and for the health of citizens . ### reducing the burden of resistant infections and healthcare associated infections and securing the availability of effective antimicrobials , whilst nonetheless reducing their use in order to help tackle antimicrobial resistance , is essential for the efficiency of health systems and for the health of citizens .


### member states shall concentrate the esf + resources under shared management on interventions that address the challenges identified in their national reform programmes , in the european semester as well as in the relevant country - specific recommendations adopted in accordance with article 121 tfeu and article 148 tfeu , and take into account principles and rights set out in the european pillar of social rights . ### member states shall concentrate the esf + resources under shared management on interventions that address the challenges identified in their national reform programmes , in the european semester as well as in the relevant country - specific recommendations adopted in accordance with article 121 tfeu and article 148 tfeu , that take into account principles and rights set out in the european pillar of social rights and which are fully in line with the paris agreement and the un sustainable development goals .


### this directive is designed for the benefit persons who are blind , have a visual impairment which cannot be improved so as to give those persons visual function substantially equivalent to that of a person who has no such impairment , or have a perceptual or reading disability , including dyslexia , preventing them from reading printed works to substantially the same degree as persons without such disability , or are unable to hold or manipulate a book or to focus or move the eyes to the extent that would be normally acceptable for reading due to a physical disability . the objective of the measures introduced by this directive is to improve the availability of books , journals , newspapers , magazines and other writings , sheet music and other print material , including in audio form , whether digital or analogue , in formats that make those works and other subject - matter accessible to those persons to substantially the same degree as to persons without an impairment or disability . accessible formats include braille , large print , adapted e - books , audio books and radio broadcasts . ### this directive is designed for the benefit of persons who are blind , have a visual impairment which cannot be improved so as to give those persons visual function substantially equivalent to that of a person who has no such impairment , or have a perceptual or reading disability , including dyslexia , preventing them from reading printed works to substantially the same degree as persons without such disability , or are unable to hold or manipulate a book or to focus or move the eyes to the extent that would be normally acceptable for reading due to a physical impairment . the objective of the measures introduced by this directive is to improve the availability of books , journals , newspapers , magazines and other writings , sheet music and other print material , including in audio form , whether digital or analogue , in formats that make those works and other subject - matter accessible to those persons to substantially the same degree as to persons who are not blind , visually impaired or otherwise print disabled , without compromising the quality of the content . accessible formats include braille , large print , e - books , audio books and radio broadcasts , but are not limited to them .


### the processing of personal data carried out within the framework of this directive shall be carried out in compliance with directive 95 / 46 / ec . ### the processing of personal data carried out within the framework of this directive shall be carried out in compliance with directive 95 / 46 / ec , directive 2002 / 58 / ec of the european parliament and of the council1a , and with regulation 2016 / 679 of the european parliament and of the council1b . __________________ 1a directive 2002 / 58 / ec of the european parliament and of the council of 12 july 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector . 1b regulation 2016 / 679 of the european parliament and of the council of 27 april 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data , and repealing directive 95 / 46 / ec .


### ‘ authorised entity’ means an organisation providing education , instructional training , adaptive reading or information access to beneficiary persons on a non - profit basis , as its main activity or as one of its main activities or public - interest missions . ### ' authorised entity ' means an organisation providing education , instructional training , adaptive reading or information access to beneficiary persons on a non - profit basis , as its main activity or as one of its main activities or public - interest missions , regardless of whether it is supervised by a government .


### the united nations convention on the rights of persons with disabilities , to which the eu is a party , guarantees people with disabilities the right of access to information and the right to participate in cultural , economic and social life on an equal basis with others . the uncrpd requires parties to the convention to take all appropriate steps , in accordance with international law , to ensure that laws protecting intellectual property rights do not constitute an unreasonable or discriminatory barrier to access by persons with disabilities to cultural materials . ### the united nations convention on the rights of persons with disabilities , to which the union is a party as of 21 january 2011 , guarantees people with disabilities the right of access to information and to communication and the right to participate in cultural , economic , political , work and social life on an equal basis with others . the uncrpd requires parties to the convention to take all appropriate steps , in accordance with international law , to ensure that laws protecting intellectual property rights do not constitute an unreasonable or discriminatory barrier to access by persons with disabilities to cultural materials .


### a person who has a perceptual or reading disability , including dyslexia , and is , as a result , unable to read printed works to substantially the same degree as a person without an impairment or disability ; or ### a person who has a perceptual or reading impairment , including dyslexia , and is , as a result , unable to read printed works to substantially the same degree as a person who is not blind , visually impaired or otherwise print disabled ; or


### this directive should therefore provide for mandatory exceptions to the rights that are harmonised by union law and are relevant for the uses and works covered by the marrakesh treaty . these include in particular the rights of reproduction , communication to the public , making available , distribution and lending , as provided for in directive 2001 / 29 / ec , directive 2006 / 115 / ec , and directive 2009 / 24 / ec , as well as the corresponding rights in directive 96 / 9 / ec . as the scope of exceptions and limitations required by the marrakesh treaty also includes works in audio form , like audiobooks , it is necessary that these exceptions also apply to related rights . ### this directive should therefore provide for mandatory exceptions to the rights that are harmonised by union law and are relevant for the uses and works covered by the marrakesh treaty . these include in particular the rights of reproduction , communication to the public , making available , distribution and lending , as provided for in directive 2001 / 29 / ec , directive 2006 / 115 / ec , and directive 2009 / 24 / ec , as well as the corresponding rights in directive 96 / 9 / ec . as the scope of exceptions and limitations required by the marrakesh treaty also includes works in audio form , like audiobooks , it is necessary that these exceptions also apply to related rights . the exercise of the exceptions provided for by this directive should be without prejudice to other more favourable exceptions for persons with disabilities provided for by the member states , such as those relating to private use .


### ‘ authorised entity’ means an organisation providing education , instructional training , adaptive reading or information access to beneficiary persons on a non - profit basis , as its main activity or as one of its main activities or public - interest missions . ### ‘ authorised entity’ means an entity that is authorised or recognised by the member state in which it is established to provide education , instructional training , adaptive reading or information access to beneficiary persons on a non - profit basis . it also includes a government institution or non - profit organisation that provides the same services to beneficiary persons as one of its primary activities or institutional obligations .


### no sooner than [ five years after the date of transposition ] , the commission shall carry out an evaluation of this directive and present the main findings to the european parliament , the council and the european economic and social committee , accompanied , where appropriate , by proposals for the amendment of this directive ### by [ five years after the date of transposition ] , the commission – taking also into account technological developments in the context of accessibility – shall carry out an evaluation of this directive and present the main findings to the european parliament , the council and the european economic and social committee , accompanied , where appropriate , by proposals for the amendment of this directive . the commission ' s report shall take into account the viewpoints of relevant civil society actors , non - governmental organisations and social partners , including organisations of and by persons with disabilities and those representing older persons .


### pnr data help law enforcement authorities prevent , detect , investigate and prosecute serious crimes , including acts of terrorism , by comparing them with various databases of persons and objects sought , to construct evidence and , where relevant , to find associates of criminals and unravel criminal networks . ### pnr data may help law enforcement authorities prevent , detect , investigate and prosecute serious crimes , including acts of terrorism , by comparing them with various databases of persons and objects sought , to construct evidence and , where relevant , to find associates of criminals and unravel criminal networks .


### the third country agrees to transfer the data to another third country only where it is necessary for the purposes of this directive specified in article 1 and only with the express authorisation of the member state . ### the third country guarantees that it will use the data only where it is necessary for the purposes of this directive specified in article 1 . transfer by that third country to another third country shall be prohibited .


### the definition of terrorist offences should be taken from articles 1 to 4 of council framework decision 2002 / 475 / jha on combating terrorism37 . the definition of serous crime should be taken from article 2 of council framework decision 2002 / 584 / jha of 13 june 2002 on the european arrest warrant and the surrender procedure between member states38 . however , member states may exclude those minor offences for which , taking into account their respective criminal justice system , the processing of pnr data pursuant to this directive would not be in line with the principle of proportionality . the definition of serious transnational crime should be taken from article 2 of council framework decision 2002 / 584 / jha and the united nations convention on transnational organised crime . __________________ 37 oj l 164 , 22 . 6 . 2002 , p . 3 . decision as amended by council framework decision 2008 / 919 / jha of 28 november 2008 . 38 oj l 190 , 18 . 7 . 2002 , p . 1 . ### the definition of terrorist offences should be taken from article 1 of council framework decision 2002 / 475 / jha on combating terrorism37 . the definition of serious transnational crime should be taken from article 2 of council framework decision 2002 / 584 / jha of 13 june 2002 on the european arrest warrant and the united nations convention against transnational organised crime . however , member states should exclude those minor offences for which , taking into account their respective criminal justice system , the processing of pnr data pursuant to this directive would not be in line with the principle of proportionality . __________________ 37 oj l 164 , 22 . 6 . 2002 , p . 3 . decision as amended by council framework decision 2008 / 919 / jha of 28 november 2008 .


### only in those cases where it is necessary for the prevention of an immediate and serious threat to public security may the competent authorities of a member state request directly the passenger information unit of any other member state to provide it with pnr data that are kept in the latter’s database in accordance with article 9 and . such requests shall relate to a specific investigation or prosecution of terrorist offences or serious crime and shall be reasoned . passenger information units shall respond to such requests as a matter of priority . in all other cases the competent authorities shall channel their requests through the passenger information unit of their own member state . ### only in those cases where it is necessary for the prevention of an imminent , actual and serious attack on public security may the competent authorities of a member state request directly the passenger information unit of any other member state to provide it with pnr data that are kept in the latter ' s database in accordance with article 9 and . such requests shall relate to a specific investigation or prosecution of terrorist offences or serious transnational crime and shall be duly justified . passenger information units shall respond to such requests as a matter of priority . in all other cases the competent authorities shall channel their requests through the passenger information unit of their own member state .


### member states shall adopt the necessary measures to ensure that air carriers transfer the pnr data as defined in article 2 and specified in the annex , to the extent that such data are already collected by them , to the database of the national passenger information unit of the member state on the territory of which the international flight will land or from the territory of which the flight will depart . where the flight is code - shared between one or more air carriers , the obligation to transfer the pnr data of all passengers on the flight shall be on the air carrier that operates the flight . where the flight has one or more stop - overs at the airports of the member states , air carriers shall transfer the pnr data to the passenger information units of all the member states concerned . ### member states shall adopt the necessary measures to ensure that air carriers transfer the pnr data as defined in article 2 and specified in the annex , to the extent that such data are already collected by them as part of their normal activity , to the database of the national passenger information unit of the member state on the territory of which the international flight will land or from the territory of which the flight will depart . where the flight is code - shared between one or more air carriers , the obligation to transfer the pnr data of all passengers on the flight shall be on the air carrier that operates the flight . where the flight has one or more stop - overs at the airports of the member states , air carriers shall only transfer the pnr data to the passenger information unit of the member state which is the final destination . no data which reveals a person ' s gender identity , race , ethnic origin , social status , genetic characteristics , language , political , religious or philosophical beliefs , membership of a political organisation , trade union or other association , dietary practices , health , disability or sexual orientation may be transferred .


### member states should share with other member states the pnr data that they receive where such transfer is necessary for the prevention , detection , investigation or prosecution of terrorist offences or serious crime . the provisions of this directive should be without prejudice to other union instruments on the exchange of information between police and judicial authorities , including council decision 2009 / 371 / jha of 6 april 2009 establishing the european police office 39 and council framework decision 2006 / 960 / jha of 18 september 2006 on simplifying the exchange of information and intelligence between law enforcement authorities of the member states of the european union40 . such exchange of pnr data between law enforcement and judicial authorities should be governed by the rules on police and judicial cooperation . __________________ 39 oj l 121 , 15 . 5 . 2009 , p . 37 . 40 oj l 386 , 29 . 12 . 2006 , p . 89 . ### member states should share with other member states the pnr data that they receive where such transfer is necessary for the prevention , detection , investigation or prosecution of terrorist offences or serious transnational crime . the provisions of this directive should be without prejudice to other union instruments on the exchange of information between police and judicial authorities , including council decision 2009 / 371 / jha of 6 april 2009 establishing the european police office 39 and council framework decision 2006 / 960 / jha of 18 september 2006 on simplifying the exchange of information and intelligence between law enforcement authorities of the member states of the european union40 . such exchange of pnr data between law enforcement and judicial authorities should be governed by the rules on police and judicial cooperation . __________________ 39 oj l 121 , 15 . 5 . 2009 , p . 37 . 40 oj l 386 , 29 . 12 . 2006 , p . 89 .


### 24 to 48 hours before the scheduled time for flight departure ; ### once 24 to 48 hours before the scheduled time for flight departure ;


### air carriers shall transfer pnr data by electronic means using the common protocols and supported data formats to be adopted in accordance with the procedure of articles 13 and 14 or , in the event of technical failure , by any other appropriate means ensuring an appropriate level of data security : ### air carriers shall transfer pnr data by electronic means using the common protocols and supported data formats to be adopted in accordance with the procedure of articles 13 and 14 or , in the event of technical failure of the air carriers , by any other appropriate means ensuring an appropriate level of data security :


### member states shall adopt the necessary measures to ensure that air carriers transfer the pnr data as defined in article 2 and specified in the annex , to the extent that such data are already collected by them , to the database of the national passenger information unit of the member state on the territory of which the international flight will land or from the territory of which the flight will depart . where the flight is code - shared between one or more air carriers , the obligation to transfer the pnr data of all passengers on the flight shall be on the air carrier that operates the flight . where the flight has one or more stop - overs at the airports of the member states , air carriers shall transfer the pnr data to the passenger information units of all the member states concerned . ### member states shall adopt the necessary measures to ensure that air carriers which already collect pnr data from their passengers transfer the pnr data as defined in article 2 and specified in the annex , to the extent that such data are collected by them in their normal course of business , to the database of the national passenger information unit of the member state on the territory of which the international flight will land or from the territory of which the flight will depart . where the flight is code - shared between one or more air carriers , the obligation to transfer the pnr data of all passengers on the flight shall be on the air carrier that operates the flight . where the flight has one or more stop - overs at the airports of the member states , air carriers shall transfer the pnr data exclusively to the passenger information unit of the member state of final arrival .


### pnr data help law enforcement authorities prevent , detect , investigate and prosecute serious crimes , including acts of terrorism , by comparing them with various databases of persons and objects sought , to construct evidence and , where relevant , to find associates of criminals and unravel criminal networks . ### pnr data may help law enforcement authorities prevent , detect , investigate and prosecute serious transnational crimes , including acts of terrorism , by comparing them with various databases of persons and objects sought , to find necessary evidence and , where relevant , to find associates of criminals and unravel criminal networks .


### carrying out an assessment of the passengers prior to their scheduled arrival or departure from the member state in order to identify any persons who may be involved in a terrorist offence or serious crime and who require further examination by the competent authorities referred to in article 5 . in carrying out such an assessment the passenger information unit may compare pnr data against relevant databases , including international or national databases or national mirrors of union databases , where they are established on the basis of union law , on persons or objects sought or under alert , in accordance with union , international and national rules applicable to such files . member states shall ensure that any positive match resulting from such automated processing is individually reviewed by non - automated means in order to verify whether the competent authority referred to in article 5 needs to take action ; ### further assessment – which may be carried out prior to their scheduled arrival or departure from the member state by the competent authorities referred to in article 5 – of passengers in respect of whom there are factual grounds for suspicion of involvement in a terrorist offence or serious transnational crime . in carrying out such an assessment the passenger information unit may compare pnr data against relevant databases , including international or national databases or national mirrors of union databases , where they are established on the basis of union law , on persons or objects sought or under alert , in accordance with union , international and national rules applicable to such files . member states shall ensure that any positive match resulting from such automated processing is individually reviewed by non - automated means in order to verify whether the competent authority referred to in article 5 needs to take action ;


### member states may permit air carriers to limit the transfer referred to in point of paragraph 2 to updates of the transfer referred to in point of paragraph 2 . ### member states shall permit air carriers to limit the transfer referred to in point of paragraph 2 to updates of the transfer referred to in point of paragraph 2 .


### on a case - by - case basis , upon request from a passenger information unit in accordance with national law , air carriers shall transfer pnr data where access earlier than that mentioned in point of paragraph 2 is necessary to assist in responding to a specific and actual threat related to terrorist offences or serious crime . ### on a case - by - case basis , in response to a duly justified request from the competent member state authorities and with due justification , in accordance with national law and on the basis of prior judicial authorisation , air carriers shall transfer specific , relevant pnr data where access earlier than that mentioned in point of paragraph 2 is necessary to assist in responding to a specific , actual and imminent threat related to terrorist offences or serious transnational crime .


### the contents of any lists of required pnr data to be obtained by the passenger information unit should be drawn up with the objective of reflecting the legitimate requirements of public authorities to prevent , detect , investigate and prosecute terrorist offences or serious crime , thereby improving internal security within the union as well as protecting the fundamental rights of citizens , notably privacy and the protection of personal data . such lists should not contain any personal data that could reveal racial or ethnic origin , political opinions , religious or philosophical beliefs , trade union membership or data concerning health or sexual life of the individual concerned . the pnr data should contain details on the passenger’s reservation and travel itinerary which enable competent authorities to identify air passengers representing a threat to internal security . ### the pnr data to be obtained by the passenger information unit listed in this directive should be selected with the objective of reflecting the legitimate requirements of public authorities to prevent , detect , investigate and prosecute terrorist offences or serious transnational crime , thereby improving internal security within the union as well as protecting the fundamental rights of persons , notably privacy and the protection of personal data . such data should not contain any personal data that could reveal racial or ethnic origin , political opinions , religious or philosophical beliefs , trade union membership or data concerning health or sexual life of the individual concerned . the pnr data should contain details on the passenger ' s reservation and travel itinerary which enable competent authorities to identify air passengers representing a threat to internal security .


### fingerprint and facial image data transmitted by any member state , with the exception of those transmitted in accordance with article 11 and , shall be compared automatically with the fingerprint data transmitted by other member states and already stored in the central system in accordance with article 10 , 13 and 14 . ### fingerprint and , as a last resort , facial image data transmitted by any member state , with the exception of those transmitted in accordance with article 11 and , shall be compared automatically with the fingerprint data transmitted by other member states and already stored in the central system in accordance with article 10 and article 13 .


### the monthly statistical data for persons referred to in paragraph1 to shall be published and made public by each month . at the end of each year , the yearly statistical data for persons referred to in paragraph 1 to shall be published and made public by eu - lisa . the statistics shall contain a breakdown of data for each member state . ### the monthly statistical data for persons referred to in paragraph1 to shall be published and made public by each month . disaggregated data specifying the age and sex of persons referred to in paragraph1 to shall be included in the monthly statistical data . at the end of each year , the yearly statistical data for persons referred to in paragraph 1 to shall be published and made public by eu - lisa . the statistics shall contain a breakdown of data for each member state .


### by [ 2020 ] eu - lisa shall conduct a study on the technical feasibility of adding facial recognition software to the central system for the purposes of comparing facial images . the study shall evaluate the reliability and accuracy of the results produced from facial recognition software for the purposes of eurodac and shall make any necessary recommendations prior to the introduction of the facial recognition technology to the central system . ### by [ 2020 ] eu - lisa shall conduct a study on the technical feasibility and added value of adding facial recognition software to the central system for the purposes of comparing facial images of minors . the study shall evaluate the reliability and accuracy of the results produced from facial recognition software for the purposes of eurodac and shall make any necessary recommendations prior to the introduction of the facial recognition technology to the central system . the study shall also carry out an impact assessment of the possible risks for the rights of privacy and human dignity , the rights of the child , as well as non - discrimination , of using facial recognition software . the study shall take into account the views of other union agencies , the european data protection supervisor , relevant actors as well as academics .


### no information regarding the fact that an application for international protection has been made in a member state shall be disclosed to any third - country for persons related to article 10 , particularly where that country is also the applicant ' s country of origin . ### no information shall be disclosed to any third - country for persons related to article 10 .


### member states should refer to the commission ' s staff working document on implementation of the eurodac regulation as regards the obligation to take fingerprints adopted by the council on 20 july 201534 , which sets out a best practice approach to taking fingerprints of irregular third - country nationals . where a member state ' s national law allows for the taking of fingerprints by force or coercion as a last resort , those measures must fully respect the eu charter of fundamental rights . third - country nationals who are deemed to be vulnerable persons and minors should not be coerced into giving their fingerprints or facial image , except in duly justified circumstances that are permitted under national law . _________________ 34 com 150 final , 27 . 5 . 2015 ### member states should refer to the commission ' s staff working document on implementation of the eurodac regulation as regards the obligation to take fingerprints adopted by the council on 20 july 201534 , which sets out a best practice approach to taking fingerprints of irregular third - country nationals and the european union agency for fundamental rights ' checklist to act in compliance with fundamental rights when obtaining fingerprints for eurodac . 34a where a member state ' s national law allows for the taking of fingerprints by force or coercion as a last resort , those measures must fully respect the eu charter of fundamental rights . third - country nationals and stateless persons who are deemed to be vulnerable persons and minors should not be coerced into giving their fingerprints or facial image . _________________ 34 com 150 final , 27 . 5 . 2015 34a fra fundamental rights implications of the obligation to provide fingerprints for eurodac , 22 . 10 . 2015


### member states should refer to the commission ' s staff working document on implementation of the eurodac regulation as regards the obligation to take fingerprints adopted by the council on 20 july 201534 , which sets out a best practice approach to taking fingerprints of irregular third - country nationals . where a member state ' s national law allows for the taking of fingerprints by force or coercion as a last resort , those measures must fully respect the eu charter of fundamental rights . third - country nationals who are deemed to be vulnerable persons and minors should not be coerced into giving their fingerprints or facial image , except in duly justified circumstances that are permitted under national law . _________________ 34 com 150 final , 27 . 5 . 2015 ### member states should refer to the commission ' s staff working document on implementation of the eurodac regulation as regards the obligation to take fingerprints adopted by the council on 20 july 201534 , which sets out a best practice approach to taking fingerprints of irregular third - country nationals . furthermore , member states should refer to the guidelines established by the european union agency for fundamental rights in its focus paper ' fundamental rights implications of the obligation to provide fingerprints for eurodac ' of may 2015 . 34a where a member state ' s national law allows for the taking of fingerprints by force or coercion as a last resort , those measures must fully respect the eu charter of fundamental rights . third - country nationals and minors should not be coerced into giving their fingerprints or facial image . _________________ 34 com 150 final , 27 . 5 . 2015 34a http : / / fra . europa . eu / sites / default / files / fra_uploads / fra - 2015 - fingerprinting - focus - paper_en . pdf


### fingerprint data may also be taken and transmitted by members of the european border [ and coast ] guard teams or by member state asylum experts when performing tasks and exercising powers in accordance with [ regulation on the european border [ and coast ] guard and repealing regulation no 2007 / 2004 , regulation no 863 / 2007 and council decision 2005 / 267 / ec ] and [ regulation no . 439 / 2010 ] . ### fingerprint data shall be taken and transmitted by member state asylum experts who have received specific training on fundamental rights , the right to asylum and on how to address the special needs of vulnerable migrants , including children .


### member states may introduce administrative sanctions , in accordance with their national law , for non - compliance with the fingerprinting process and capturing a facial image in accordance with paragraph 1 of this article . these sanctions shall be effective , proportionate and dissuasive . in this context , detention should only be used as a means of last resort in order to determine or verify a third - country national ' s identity . ### member states shall not introduce administrative sanctions for non - compliance with the fingerprinting process and capturing a facial image in accordance with paragraph 1 of this article .


### personal data obtained by a member state or europol pursuant to this regulation from the central system shall not be transferred or made available to any third country , international organisation or private entity established in or outside the union . this prohibition shall also apply if those data are further processed at national level or between member states within the meaning of [ article [ &#8230 ; ] of directive [ 2016 / . . / eu ] ] . ### personal data obtained by a member state or europol pursuant to this regulation from the central system shall not be transferred or made available to any third country , international organisation or private entity established in or outside the union . this prohibition shall also apply if those data are further processed at national level or between member states within the meaning of regulation 679 / 2016 and [ article [ . . . ] 2 of directive [ 2016 / 680 ] .


### without prejudice to paragraph 3 of this article , where enrolment of the fingerprints or facial image is not possible from third - country nationals who are deemed to be vulnerable persons and from a minor due to the conditions of the fingertips or face , the authorities of that member state shall not use sanctions to coerce the taking of fingerprints or a facial image . a member state may attempt to re - take the fingerprints or facial image of a minor or vulnerable person who refuses to comply , where the reason for non - compliance is not related to the conditions of the fingertips or facial image or the health of the individual and where it is duly justified to do so . where a minor , in particular an unaccompanied or separated minor refuses to give their fingerprints or a facial image and there are reasonable grounds to suspect that there are child safeguarding or protection risks , the minor shall be referred to the national child protection authorities and / or national referral mechanisms . ### without prejudice to paragraph 3 of this article , where enrolment of the fingerprints or facial image is not possible from third - country nationals who are deemed to be vulnerable persons and from a minor due to the conditions of the fingertips or face , the authorities of that member state shall not use sanctions to coerce the taking of fingerprints or a facial image . where a minor , in particular an unaccompanied or separated minor , refuses to give their fingerprints or a facial image , the minor shall be referred to the national child protection authorities , the national referral mechanisms or both . a specific needs assessment with a view to finding a durable solution for the child in accordance with his or her best interests shall be undertaken by the national child protection authorities , the other relevant national referral mechanisms or both .


### the result of the comparison of facial image data carried out pursuant to article 16 shall be immediately checked and verified in the receiving member state . for the purposes laid down in article 1 and of this regulation , final identification shall be made by the member state of origin in cooperation with the other member states concerned . ### the result of the comparison of facial image data carried out pursuant to article 16 shall be immediately checked and verified in the receiving member state . for the purposes laid down in article 1 and article 1 of this regulation , final identification shall be made by the member state of origin in cooperation with the other member states concerned .


### where a person covered by article 10 , article 13 and article 14 is a minor , member states shall provide the information in an age - appropriate manner . ### where a person covered by article 10 and article 13 is a minor , member states shall provide the information in an age - appropriate manner .


### ' illegal stay ' means the presence on the territory of a member state , of a third - country national who does not fulfill , or no longer fulfils the conditions of entry as set out in article 5 of the schengen borders code or other conditions for entry , stay or residence in that member state ; ### ' irregular stay ' means the presence on the territory of a member state , of a third - country national who does not fulfill , or no longer fulfils the conditions of entry as set out in article 5 of the schengen borders code or other conditions for entry , stay or residence in that member state ;


### third - country nationals or stateless persons who have requested international protection in one member state may try to request international protection in another member state for many years to come . therefore , the maximum period during which fingerprint and facial image data should be kept by the central system should be of considerable length . given that most third - country nationals or stateless persons who have stayed in the union for several years will have obtained a settled status or even citizenship of a member state after that period , a period of ten years should be considered a reasonable period for the storage of fingerprint and facial image data . ### third - country nationals or stateless persons who have requested international protection in one member state may request international protection in another member state for many years to come . therefore , the maximum period during which fingerprint and facial image data should be kept by the central system should be of considerable length . given that most third - country nationals or stateless persons who have stayed in the union for several years will have obtained a settled status or even citizenship of a member state after that period , a period of ten years should be considered a reasonable period for the storage of fingerprint data , facial image data or both .


### a discharge of polluting substances into any of the areas referred to in article 3 shall not be regarded as an infringement , if it satisfies the conditions set out in annex i , regulations 15 , 34 , 4 , 1 or 4 , 3 or in annex ii , regulations 13 , 3 . 1 . 1 or 3 . 1 . 3 of marpol 73 / 78 . ### in article 5 , paragraph 1 is replaced by the following : “1 . a discharge of polluting substances into any of the areas referred to in article 3 shall not be regarded as an infringement , if it satisfies the conditions set out in annex i , regulations 15 , 34 , 4 , 1 or 4 , 3 , in annex ii , regulations 13 , 3 . 1 . 1 or 3 . 1 . 3 , in annex v , regulations 4 , 5 , 6 or 7 , or in annex vi , regulation 3 , of marpol 73 / 78 , in its up - to - date version . ”


### a discharge of polluting substances into any of the areas referred to in article 3 shall not be regarded as an infringement , if it satisfies the conditions set out in annex i , regulations 15 , 34 , 4 , 1 or 4 , 3or in annex ii , regulations 13 , 3 . 1 . 1 or 3 . 1 . 3 of marpol 73 / 78 . ### article 20 b in article 5 , paragraph1 is replaced by the following : “1 . a discharge of polluting substances into any of the areas referred to in article 3 shall not be regarded as an infringement , if it satisfies the conditions set out in annex i , regulations 15 , 34 , 4 , 1 or 4 , 3 , or in annex ii , regulations 13 , 3 . 1 . 1 or 3 . 1 . 3 , in annex iv , regulations 3 and 11 , in annex v , regulations 4 , 5 , 6 or 7 , or in annex vi , regulation 3 , of marpol 73 / 78 in its up - to - date version . ”


### a discharge of polluting substances into the areas referred to in article 3 , and shall not be regarded as an infringement for the owner , the master or the crew , if it satisfies the conditions set out in annex i , regulation 4 , 2 or in annex ii , regulation 3 . 1 . 2 of marpol 73 / 78 . ### in article 5 , paragraph 2 is replaced by the following : “2 . a discharge of polluting substances into the areas referred to in article 3 , and shall not be regarded as an infringement for the owner , the master or the crew , if it satisfies the conditions set out in annex i , regulation 4 , 2 , in annex ii , regulation 3 . 1 . 2 , in annex v , regulations 4 , 5 , 6 or 7 , or in annex vi , regulation 3 , of marpol 73 / 78 , in its up - to - date version . ”


### the fees shall be reduced if the ship’s design , equipment and operation are such that it can be demonstrated that the ship produces reduced quantities of waste , and manages its waste in a sustainable and environmentally sound manner . the commission shall be empowered by means of delegated acts in accordance with article 19 , to define the criteria for determining that a ship meets the requirements stated in this paragraph in relation to the ship’s on - board waste management . ### the fees shall be reduced if the ship’s design , equipment , procurement policies and operation are such that it can be demonstrated that the ship produces reduced quantities of the category of waste to which the fee applies , and manages its waste in a sustainable and environmentally sound manner in accordance with annex 4a for ships other than fishing vessels and in accordance with annex 4b for fishing vessels . the commission is empowered to adopt delegated acts in accordance with article 19 , to amend annexes 4a and 4b in order to add requirements , but not to remove any requirements .


### ‘ polluting substances’ shall mean substances covered by annexes i and ii to marpol 73 / 78 ; ### article 20 a amendments to directive 2005 / 35 / ec directive 2005 / 35 / ec is amended as follows : “ in article 2 , point 2 is replaced by the following : 2 . ‘ polluting substances’ shall mean substances covered by annexes i , ii , iv , v and vi to marpol 73 / 78 in its up - to - date version ; ”


### a discharge of polluting substances into the areas referred to in article 3 , and shall not be regarded as an infringement for the owner , the master or the crew , if it satisfies the conditions set out in annex i , regulation 4 , 2 or in annex ii , regulation 3 . 1 . 2 of marpol 73 / 78 . ### article 20 c in article 5 , paragraph 2 is replaced by the following : ““2 . a discharge of polluting substances into the areas referred to in article 3 , and shall not be regarded as an infringement for the owner , the master or the crew , if it satisfies the conditions set out in annex i , regulation 4 , 2 , in annex ii , regulation 3 . 1 . 2 , in annex iv , regulations 3 and 11 , in annex v , regulations 4 , 5 , 6 or 7 , or in annex vi , regulation 3 , of marpol 73 / 78 in its up to - date version . ”“


### the commission shall provide for the organisation of exchanges of experience between the member states’ national authorities and experts , including those from the private sector , on the application of this directive in union ports . ### the commission shall provide for the organisation of exchanges of experience between the member states’ national authorities and experts , including those from the private sector and civil society , on the application of this directive in union ports .


### the ‘ green ship’ concept should be further developed in relation to waste management , so that an effective reward system can be implemented for those vessels that reduce their waste on board . ### the ‘ green ship’ concept should be implemented in relation to waste management . minimum requirements should be established across the union , so that an effective reward system can be implemented for those vessels that reduce their waste on board , in line with best practices and the 2017 imo guidelines for the implementation of annex v of the marpol convention .


### although the majority of marine litter originates from land - based activities , the shipping industry , including the fishing and recreational sectors , is also an important contributor , with discharges of garbage , including plastic and derelict fishing gear , going directly into the sea . ### although the majority of marine litter originates from land - based activities , the shipping industry , including the fishing and recreational sectors , is also an important contributor , with discharges of garbage , including plastic and derelict fishing gear , going directly into the sea . fixed or floating platforms also contribute to marine litter and should be required to deliver their waste to union ports at regular intervals .


### on expiry of the 75 - day period referred to in the first subparagraph , and no later than two years after the date that the consent / authorisation is granted , the member state concerned may adopt the measures either in the form originally proposed , or as amended to take account of any comments received from the commission . those measures shall be communicated to the commission , the other member states and the notifier / applicant without delay . ### by way of derogation from paragraph 4 , national measures can be provisionally imposed in case the 75 - day period coincides with the sowing period of the respective gmo . on expiry of the 75 - day period referred to in the first subparagraph , the member state concerned may , for the whole duration of the consent / authorisation and as from the date of entry into force of the union authorisation , adopt the measures either in the form originally proposed , or as amended to take account of any comments received from the commission . those measures shall be communicated to the commission , the other member states and the authorisation holder without delay .


### in addition , and only where the notifier / applicant has refused to adjust the geographical scope of the notification / application of a gmo as requested by a member state , there should be the possibility for that member state to adopt reasoned measures restricting or prohibiting the cultivation of that gmo once authorised in all or part of its territory , on the basis of grounds distinct from those assessed according to the harmonized set of union rules , that is directive 2001 / 18 / ec and regulation no 1829 / 2003 , which are in conformity with union law . those grounds may be related to environmental or agricultural policy objectives , or other compelling grounds such as town and country planning , land use , socio - economic impacts , co - existence and public policy . those grounds may be invoked individually or in combination , depending on the particular circumstances of the member state , region or area in which those measures will apply . ### without prejudice to the possibility provided for a member state to request the adjustment of the geographical scope of a notification / application , there should always be the possibility for a member state to act as risk manager and adopt reasoned measures restricting or prohibiting the cultivation of a gmo or of groups of gmos defined by crop or trait or of all gmos once authorised in all or part of its territory , on the basis of grounds relating to the public interest , which are in conformity with union law . those grounds may be related to environmental or agricultural policy objectives , or other legitimate factors such as socio - economic impacts , where those factors have not been addressed as part of the harmonised procedure provided for in part c of directive 2001 / 18 / ec , or to persisting scientific uncertainty . those measures should be duly justified on scientific grounds or on grounds relating to other legitimate factors which might arise from the deliberate release or the placing on the market of gmos . those grounds may be invoked individually or in combination , depending on the particular circumstances of the member state , region or area in which those measures will apply .


### where the notifier / applicant opposes the adjustment of the geographical scope of its notification / application corresponding to a request made by a member state in accordance with paragraph 1 of this article , that member state may adopt measures restricting or prohibiting the cultivation of that gmo in all or part of its territory once authorised in accordance with part c of this directive or with regulation no 1829 / 2003 , provided that such measures are in conformity with union law , reasoned , proportional and non - discriminatory and , in addition , are based on compelling grounds such as those related to : environmental policy objectives distinct from the elements assessed according to this directive and regulation no 1829 / 2003 ; town and country planning ; land use ; socio - economic impacts ; avoidance of gmo presence in other products without prejudice to article 26a ; agricultural policy objectives ; public policy . those grounds may be invoked individually or in combination , with the exception of the ground set out in point which cannot be used individually , depending on the particular circumstances of the member state , region or area in which those measures will apply , but shall , in no case , conflict with the environmental risk assessment carried out pursuant to this directive or to regulation no 1829 / 2003 . ### without prejudice to paragraph 1 , a member state may , following the risk assessment carried out pursuant to this directive or to regulation no 1829 / 2003 and acting as risk manager , adopt measures restricting or prohibiting the cultivation of a gmo or of groups of gmos defined by crop or trait or of all gmos in all or part of its territory once authorised in accordance with part c of this directive or with regulation no 1829 / 2003 , provided that such measures are in conformity with union law , reasoned , proportional and non - discriminatory and , in addition , are based on compelling grounds such as those related to : environmental policy objectives relating to environmental impacts which might arise from the cultivation of gmos and which are complementary to the impacts examined during the scientific risk assessment conducted according to this directive and regulation no 1829 / 2003 . those grounds may include : - the prevention of the development of pesticide resistance amongst weeds and pests ; - the invasiveness or persistence of a genetically modified variety , or the possibility of interbreeding with domestically cultivated or wild plants ; - the prevention of negative impacts on the local environment caused by changes in agricultural practices linked to the cultivation of gmos ; - the maintenance of local biodiversity , including certain habitats and ecosystems , or certain types of natural and landscape features , as well as specific ecosystem functions and services ; - the absence or lack of adequate data concerning the potential negative impacts of the release of gmos on the local or regional environment of a member state , including on biodiversity ; town and country planning ; land use ; socio - economic impacts such as the impracticability or the high costs of coexistence measures or the impossibility of implementing coexistence measures due to specific geographical conditions such as small islands or mountain zones ; agricultural policy objectives . those grounds may include : - the need to protect the diversity of agricultural production ; - the maintenance and development of agricultural practices which offer a better potential to reconcile production with ecosystem sustainability ; – the need to ensure seed purity . those grounds may be invoked individually or in combination , depending on the particular circumstances of the member state , region or area in which those measures will apply , but shall , in no case , conflict with the environmental risk assessment carried out pursuant to this directive or to regulation no 1829 / 2003 .


### environmental policy objectives distinct from the elements assessed according to this directive and regulation no 1829 / 2003 ; ### environmental policy objectives relating to environmental impacts which might arise from the deliberate release or the placing on the market of gmos and which are complementary to the impacts concretely examined during the scientific risk assessment conducted according to this directive and regulation no 1829 / 2003 . those grounds may include , inter alia : - the prevention of the development of pesticide resistance amongst weeds and pests ; - the prevention of an increased use of pesticides due to gmo cultivation ; - the invasiveness or persistence of a genetically modified variety , or the possibility of interbreeding with domestically cultivated or wild plants ; - the prevention of negative impacts on the local environment caused by changes in agricultural practices linked to the cultivation of gmos ; - the maintenance of local biodiversity , including certain habitats and ecosystems , or certain types of natural and landscape features , as well as specific ecosystem functions and services ; - the absence or lack of adequate data concerning the potential negative impacts of the release of gmos on the local or regional environment of a member state , including on biodiversity ; - scientific uncertainties as regards any of the grounds mentioned above , i . e . contradictory evidence or the absence of sufficient science .


### in directive 2001 / 18 / ec , the following articles are inserted : ### directive 2001 / 18 / ec is amended as follows :


### in addition , and only where the notifier / applicant has refused to adjust the geographical scope of the notification / application of a gmo as requested by a member state , there should be the possibility for that member state to adopt reasoned measures restricting or prohibiting the cultivation of that gmo once authorised in all or part of its territory , on the basis of grounds distinct from those assessed according to the harmonized set of union rules , that is directive 2001 / 18 / ec and regulation no 1829 / 2003 , which are in conformity with union law . those grounds may be related to environmental or agricultural policy objectives , or other compelling grounds such as town and country planning , land use , socio - economic impacts , co - existence and public policy . those grounds may be invoked individually or in combination , depending on the particular circumstances of the member state , region or area in which those measures will apply . ### member states should always have the possibility to act as risk manager , and adopt reasoned measures restricting or prohibiting the cultivation of a gmo , groups of gmos defined by crop or trait or of all gmos in all or part of their territory , on the basis of grounds related to environmental or agricultural policy objectives , or other legitimate factors which might arise from the deliberate release or the placing on the market of gmos , such as socio - economic impacts , co - existence or persisting scientific uncertainty . those grounds may be invoked individually or in combination .


### in order to restrict or prohibit the cultivation of gmos , some member states had recourse to the safeguard clauses and emergency measures pursuant to article 23 of directive 2001 / 18 / ec and article 34 of regulation no 1829 / 2003 as a result of , depending on the cases , new or additional information made available since the date of the consent and affecting the environmental risk assessment , or of the reassessment of existing information . other member states have made use of the notification procedure set out in article 114 and of the treaty on the functioning of the european union which requires putting forward new scientific evidence relating to the protection of the environment or the working environment . in addition , the decision - making process has proved to be particularly difficult as regards the cultivation of gmos in the light of the expression of national concerns which do not only relate to issues associated with the safety of gmos for health or the environment . ### in order to restrict or prohibit the cultivation of gmos , some member states had recourse to the safeguard clauses and emergency measures pursuant to article 23 of directive 2001 / 18 / ec and article 34 of regulation no 1829 / 2003 as a result of , depending on the cases , new or additional information made available since the date of the consent and affecting the environmental risk assessment , or of the reassessment of existing information . other member states have made use of the notification procedure set out in article 114 and of the treaty on the functioning of the european union which requires putting forward new scientific evidence relating to the protection of the environment or the working environment .


### during the authorisation procedure of a given gmo , the possibility should be provided for a member state to request the commission to present to the notifier / applicant its demand to adjust the geographical scope of its notification / application submitted in accordance with part c of directive 2001 / 18 / ec or in accordance with articles 5 and 17 of regulation no 1829 / 2003 to the effect that all or part of the territory of that member state be excluded from cultivation . the commission should facilitate the procedure by presenting the request of the member state to the notifier / applicant without delay and the notifier / applicant should respond to that request within an established time - limit . ### during the authorisation procedure of a given gmo , a member state may notify the commission of its intention not to allow the cultivation of the given gmo in all or part of its territory . in this case the notifier / applicant has the possibility to request the commission or the authorizing body to adjust the geographical scope of its notification / application submitted in accordance with part c of directive 2001 / 18 / ec or in accordance with articles 5 and 17 of regulation no 1829 / 2003 accordingly . the commission should inform the concerned member state and the other member states about the request of the notifier / applicant without delay .


### member states may take appropriate measures to avoid the unintended presence of gmos in other products . ### in article 26a , paragraph 1 is replaced by the following : ‘ 1 . member states shall take appropriate measures to avoid the unintended presence of gmos in other products on their territory and in border areas of neighbouring member states . ’


### where the notifier / applicant opposes the adjustment of the geographical scope of its notification / application corresponding to a request made by a member state in accordance with paragraph 1 of this article , that member state may adopt measures restricting or prohibiting the cultivation of that gmo in all or part of its territory once authorised in accordance with part c of this directive or with regulation no 1829 / 2003 , provided that such measures are in conformity with union law , reasoned , proportional and non - discriminatory and , in addition , are based on compelling grounds such as those related to : ### a member state may adopt measures restricting or prohibiting the cultivation of that gmo in all or part of its territory once authorised in accordance with part c of this directive or with regulation no 1829 / 2003 , provided that such measures are in conformity with union law , reasoned , proportional and non - discriminatory . national , regional or local bans for the cultivation of a given gmo can be adopted based on grounds such as , among others , those related to :


### in directive 2001 / 18 / ec , the following articles are inserted : ### directive 2001 / 18 / ec is amended as follows : ‘ article - 1 the cultivation and marketing of genetically modified organisms shall be prohibited throughout the territory of the european union . ’


### where the notifier / applicant opposes the adjustment of the geographical scope of its notification / application corresponding to a request made by a member state in accordance with paragraph 1 of this article , that member state may adopt measures restricting or prohibiting the cultivation of that gmo in all or part of its territory once authorised in accordance with part c of this directive or with regulation no 1829 / 2003 , provided that such measures are in conformity with union law , reasoned , proportional and non - discriminatory and , in addition , are based on compelling grounds such as those related to : ### a member state may , following the risk assessment carried out pursuant to this directive or to regulation no 1829 / 2003 and acting as risk manager , adopt measures restricting or prohibiting the cultivation of a gmo or of groups of gmos defined by crop or trait or of all gmos in all or part of its territory once authorised in accordance with part c of this directive or with regulation no 1829 / 2003 , provided that such measures are in conformity with union law , reasoned , non - discriminatory and based on grounds such as those related to :