### the qualified entity seeking a redress order as referred in article 6 shall declare at an early stage of the action the source of the funds used for its activity in general and the funds that it uses to support the action . it shall demonstrate that it has sufficient financial resources to represent the best interests of the consumers concerned and to meet any adverse costs should the action fail . ### the qualified entity seeking a redress order as referred in article 6 shall declare at an early stage of the action the source of the funds used for its activity in general and the funds that it uses to support the action . it shall demonstrate that it has sufficient resources to represent the best interests of the affected citizen .


### member states shall ensure that the court or administrative authority shall require the infringing trader to inform affected consumers at its expense about the final decisions providing for measures referred to in articles 5 and 6 , and the approved settlements referred to in article 8 , by means appropriate to the circumstance of the case and within specified time limits , including , where appropriate , through notifying all consumers concerned individually . ### member states shall ensure that the court or administrative authority shall require the infringing trader to inform affected consumers and workers , as well as the general public at its expense about the final decisions providing for measures referred to in articles 5 and 6 , and the approved settlements referred to in article 8 , by means appropriate to the circumstance of the case and within specified time limits , including , where appropriate , through notifying all consumers concerned individually .


### since its establishment in 1975 eurofound has played an important role in supporting the improvement of living and working conditions throughout the european union . at the same time the concepts and significance of living and working conditions have evolved under the influence of societal developments and fundamental changes in the labour markets . in this light terminological adjustments are required in describing the objectives and tasks of eurofound as compared to regulation no 1365 / 75 . ### since its establishment in 1975 eurofound has played an important role in supporting the improvement of living and working conditions throughout the european union . at the same time the concepts and significance of living and working conditions have evolved under the influence of societal developments and fundamental changes in the labour markets , working and living conditions . in this light terminological adjustments are required in describing the objectives and tasks of eurofound as compared to regulation no 1365 / 75 .


### the objectives of the agency shall be to increase and disseminate knowledge to assist the commission , other eu institutions and bodies , member states and social partners in shaping and implementing policies aimed at the improvement of living and working conditions , in supporting employment policies and in promoting the dialogue between management and labour . ### the objectives of the agency shall be to contribute to the planning and establishment of better living and working conditions . for this objective , it shall increase and disseminate knowledge and research - based policy advice to assist the eu institutions and bodies , member states , regions and social partners in shaping and implementing policies aimed at the improvement of living and working conditions , in supporting employment policies and in promoting the dialogue between management and labour .


### adopt rules for the prevention and management of conflicts of interest in respect of its members and independent experts ; ### adopt rules for the prevention and management of conflicts of interest in respect of its members and independent experts as well as for seconded national experts under article 20 ;


### the resource programming shall be updated annually . the strategic programming shall be updated where appropriate , and in particular to address the outcome of the evaluation referred to in article 28 . ### the resource programming shall be updated annually . the strategic programming shall be updated where appropriate , and in particular to address the outcome of the evaluation referred to in article 28 . where new tasks are conferred upon the agency by eu institutions or european legislation , this shall be taken into account in the resource and financial programming .


### following the paris agreement adopted under the united nations framework convention on climate change4 , the eib should aim to sustain the current high level of climate relevant spending under the elm , contributing to increasing its climate - related investment in developing countries from 25 % to 35 % by 2020 . _________________ 4 council decision 2016 / 590 of 11 april 2016 on the conclusion , on behalf of the european union , of the paris agreement adopted under the united nations framework convention on climate change . ### following the paris agreement adopted under the united nations framework convention on climate change4 , the eib should aim to increase the current high level of climate relevant spending under the elm , contributing to increasing its climate - related investment in developing countries from 25 % to 35 % by 2020 , in accordance with the commitment taken in its climate strategy . the eib should take into account the conclusions of the european council of 22 may 2013 to phase out environmentally or economically harmful subsidies , including those for fossil fuels . _________________ 4 council decision 2016 / 590 of 11 april 2016 on the conclusion , on behalf of the european union , of the paris agreement adopted under the united nations framework convention on climate change .


### to ensure that private sector investments have the greatest development impact , the eib shall endeavour to strengthen the local private sector in beneficiary countries through support to local investment as provided for in point of paragraph 1 . eib financing operations supporting the general objectives set out in paragraph 1 shall endeavour to also enhance its support to investment projects run by smes from the union . in order to effectively monitor the use of funds for the benefit of the smes concerned , the eib shall establish and maintain adequate contractual provisions imposing standard reporting obligations on both the financial intermediaries and the beneficiaries ; ### to ensure that private sector investments have the greatest development impact , the eib shall endeavour to strengthen the local private sector in beneficiary countries through support to local investment as provided for in point of paragraph 1 . eib financing operations supporting the general objectives set out in paragraph 1 shall endeavour to also enhance its support to investment projects run by smes from the union . in order to effectively monitor the use of funds for the benefit of the smes concerned , the eib shall establish and maintain adequate contractual provisions imposing standard reporting obligations on both the financial intermediaries and the final beneficiaries ;


### over the period covered by this decision , the eib should endeavour to sustain the current high level of climate - relevant operations , while the minimum volume of those operations shall represent at least 25 % of the total eib financing operations . ### over the period covered by this decision , the eib should sustain the current level of climate - relevant operations , so that the minimum volume of those operations shall represent at least 35% of the total eib financing operations .


### ' 9 . the eu guarantee shall cover only eib financing operations carried out in eligible countries that have concluded a framework agreement with the eib establishing the legal conditions under which such operations are to be carried out . ' ### paragraph 9 is replaced by the following : ' 9 . the eu guarantee shall cover only eib financing operations carried out in eligible countries that have concluded a framework agreement with the eib establishing the legal conditions under which such operations are to be carried out . legal conditions under which operations are to be carried out shall also include environmental , social and human rights and labour standards . '


### ' an assessment of the contribution of eib financing operations to the fulfilment of union external policy and strategic objectives , taking into account the regional technical operational guidelines referred to in article 5 ; ' ### in article 11 , paragraph 1 , point c is replaced by the following : ' an assessment of the contribution of eib financing operations to the fulfilment of union external policy and strategic objectives . the commission , in cooperation with the european external action service , shall establish a framework and methodology for annual reporting by the eib on its operations covered by the community guarantee and their compliance with the general principles guiding union external action as referred to in article 21 teu . the key objective of this reporting shall be to monitor the compliance of the eib with obligations under the treaty on the european union and notably the provisions of its article 21 , including respect for and promotion of human rights , eradication of poverty , and the management of environmental risks . that methodology shall be developed by the commission and the eeas during the first year following the entry into force of this revised decision and build on reporting on human rights compliance by the eib , as requested by the eu strategic framework and action plan for human rights . based on the annual reporting from the eib , the commission shall submit each year to the european parliament its own evaluation of the information provided by the eib and suggest possible changes in the policies and procedures followed by the eib for adoption by the member states after taking into account the opinion of the european parliament on those changes . possible recommendations by the european commission and the european parliament on how to improve eib reporting to that end shall be reflected by it in the context of the updating of the regional technical operational guidelines . '


### ' 1 . in accordance with its own transparency policy and union principles on access to documents and information , and progressively with international aid transparency initiative standards , the eib shall make publicly available on its website information relating to : ' ### in article 12 , paragraph 1 , the introductory wording is replaced by the following : ' 1 . in accordance with its own transparency policy and union law on access to documents and information , and progressively with international aid transparency initiative standards , the eib shall make publicly available on its website information relating to : '


### it is the union ' s objective to strengthen its scientific and technological bases and encourage its competitiveness , including in its industry , while promoting all research and innovation activities to deliver on the union ' s strategic priorities , which ultimately aim at promoting peace , the union ' s values and the well - being of its peoples . ### it is the union ' s objective to encourage social progress and the sustainability and resilience of its society , by strengthening its scientific and technological bases and encourage its competitiveness , including in its industry , while promoting all research and innovation activities deemed appropriate to support the implementation of other union policies and the honouring of the union ' s international commitments , in particular in the paris agreement , the addis ababa action agenda and the un ' s 2030 agenda , to deliver on the union ' s political strategic priorities and commitments , which ultimately aim at promoting peace , tackling climate change , sustainable development as embodied by the sdgs , the union ' s values , and the well - being of its peoples .


### to deliver scientific , economic and societal impact in pursuit of this general objective , the union should invest in research and innovation through horizon europe - a framework programme for research and innovation 2021 - 2027 to support the creation and diffusion of high - quality knowledge and technologies , to strengthen the impact of research and innovation in developing , supporting and implementing union policies , to support the uptake of innovative solutions in industry and society to address global challenges and promote industrial competitiveness ; to foster all forms of innovation , including breakthrough innovation , and strengthen market deployment of innovative solutions ; and optimise the delivery of such investment for increased impact within a strengthened european research area . ### to deliver scientific , economic , climate and societal impact in pursuit of this general objective , the union should invest in research and innovation through horizon europe - a framework programme for research and innovation 2021 - 2027 to support the creation and diffusion of high - quality knowledge and technologies , to strengthen the impact of research and innovation in developing , supporting and implementing union policies and commitments , to support the uptake of innovative solutions in industry and society to improve people’s well - being and to address global challenges , notably the un sustainable development goals and the paris agreement on climate change and promote industrial competitiveness ; to foster all forms of innovation , including breakthrough innovation , and strengthen market deployment of innovative solutions ; and optimise the delivery of such investment for increased impact within a strengthened european research area .


### the programme should promote and integrate cooperation with third countries and international organisations and initiatives based on common interest , mutual benefit and global commitments to implement the un sdgs . international cooperation should aim to strengthen the union ' s research and innovation excellence , attractiveness and economic and industrial competitiveness , to tackle global challenges , as embodied in the un sdgs , and to support the union ' s external policies . an approach of general opening for international participation and targeted international cooperation actions should be followed , including through appropriate eligibility for funding of entities established in low to middle income countries . at the same time , association of third countries to the programme should be promoted . ### the programme should promote and integrate cooperation with third countries and international organisations and initiatives based on common interest , mutual benefits and global commitments to implement the un sdgs and the paris agreement . international cooperation should aim to strengthen the union ' s excellence in research and innovation , in particular eco - innovation , attractiveness and economic and industrial sustainability and competitiveness , to tackle global societal challenges , as embodied in the paris agreement and the un sdgs , and to support the union ' s external policies . an approach of general opening for international participation and targeted international cooperation actions including with low - and middle income countries , should be followed , including through appropriate eligibility for funding of entities . at the same time , association of third countries to the programme should be promoted .


### the programme ' s general objective is to deliver scientific , economic and societal impact from the union ' s investments in research and innovation so as to strengthen the scientific and technological bases of the union and foster its competitiveness , including in its industry , deliver on the union strategic priorities , and contribute to tackling global challenges , including the sustainable development goals . ### the programme ' s general objective is to deliver scientific , economic , climate and societal impact from the union ' s investments in research and innovation so as to strengthen the scientific and technological bases of the union and foster its competitiveness , including in its industry , deliver on the union strategic priorities , commitments and contribute to tackling global societal challenges , embodied by the sustainable development goals and in the paris agreement .


### to support the creation and diffusion of high - quality new knowledge , skills , technologies and solutions to global challenges ; ### to address global societal challenges and strengthen the european knowledge base by supporting the creation and diffusion of high - quality new knowledge , skills , technologies and solutions ;


### where a provider of online intermediation services itself offers certain goods or services to consumers through its own online intermediation services , or does so through a business user which it controls , that provider may compete directly with other business users of its online intermediation services which are not controlled by the provider . in such situations , in particular , it is important that the provider of online intermediation services acts in a transparent manner and provides a description of any differentiated treatment , whether through legal , commercial or technical means , that it might give in respect of goods or services it offers itself compared to those offered by business users . to ensure proportionality , this obligation should apply at the level of the overall online intermediation services , rather than at the level of individual goods or services offered through those services . ### where a provider of online intermediation services itself offers certain goods or services to consumers through its own online intermediation services , or does so through a business user which it controls , that provider may compete directly with other business users of its online intermediation services which are not controlled by the provider . in such situations , in particular , it is important that the provider of online intermediation services acts in a proportionate and transparent manner and provides a description of any differentiated treatment , whether through legal , commercial or technical means , that it might give in respect of goods or services it offers itself compared to those offered by business users . when displaying the results , the online intermediation service should also disclose close to each product or service to which it gave differentiated treatment , in a well recognisable manner whether it has been influenced against direct or indirect remuneration , contractual or direct ownership relationship .


### the ability to access and use data , including personal data , can enable important value creation in the online platform economy . accordingly , it is important that providers of online intermediation services provide business users with a clear description of the scope , nature and conditions of their access to and use of certain categories of data . the description should be proportionate and might refer to general access conditions , rather than an exhaustive identification of actual data , or categories of data , in order to enable business users to understand whether they can use the data to enhance value creation , including by possibly retaining third - party data services . processing of personal data should comply with regulation 2016 / 679 of the european parliament and of the council . 24 __________________ 24 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 . ### the ability to access and use data , including personal data , can enable important value creation in the online platform economy . accordingly , it is important that providers of online intermediation services provide business users with a clear description of the scope , nature and conditions of their access to and use of certain categories of data . the description should be proportionate and might refer to general access conditions , rather than an exhaustive identification of actual data , or categories of data , in order to enable business users to understand whether they can use the data to enhance value creation , including by possibly retaining third - party data services . this regulation requires the online intermediation service providers to be transparent about what data they provide to their business users but does not establish any requirement to disseminate personal or non - personal data to the business users . in all cases , processing of personal data should comply with the union legal framework on the protection of natural persons with regard to the processing of personal data , and on respect for private life and the protection of personal data in electronic communications , in particular regulation 2016 / 679 of the european parliament and of the council24 , directive 2016 / 68024a and directive 2002 / 58 / ec24b . this regulation should not require online intermediation service providers to share personal data with third parties beyond what is set out in their privacy policies . __________________ 24 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 . 24a directive 2016 / 680 of the european parliament and of the council of 27 april 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention , investigation , detection or prosecution of criminal offences or the execution of criminal penalties , and on the free movement of such data , and repealing council framework decision 2008 / 977 / jha . 24b 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 .


### ‘ online search engine’ means a digital service that allows users to perform searches of , in principle , all websites or websites in a particular language on the basis of a query on any subject in the form of a keyword , phrase or other input , and returns links in which information related to the requested content can be found ; ### ‘ online search engine’ means a digital service that allows users to input queries and perform searches of , in principle , all websites or websites in a particular language on the basis of a query on any subject in the form of a keyword , phrase or other input , and returns output in which information related to the requested content can be found ;


### ' online search engine ' means a digital service that allows users to perform searches of , in principle , all websites or websites in a particular language on the basis of a query on any subject in the form of a keyword , phrase or other input , and returns links in which information related to the requested content can be found ; ### ' online search engine ' means a digital service , including inter alia digital interfaces and applications , including mobile applications with search functionality , that allows users to input queries and perform searches of various websites or websites and mobile applications in a particular language on the basis of a query on any subject in the form of a keyword , phrase or other input , and returns content such as short texts , pictures , links , videos , audios , in which information related to the search can be found ;


### pursuant to article 3 teu , the union is to work for a highly competitive social market economy , aiming at full employment and social progress and promote social justice and protection . in accordance with article 9 tfeu , the union , in defining and implementing its policies and activities , is to take into account requirements linked to , inter alia , the promotion of a high level of employment , the guarantee of an adequate social protection , the fight against social exclusion , and the promotion of a high level of education , training and the protection of human health . ### pursuant to article 3 teu , the union is to work for a highly competitive social market economy , aiming at full employment and social progress and promote social justice and protection . in accordance with article 9 tfeu , the union , in defining and implementing its policies and activities , is to take into account requirements linked to , inter alia , the promotion of a high level of employment , the guarantee of an adequate social protection , the fight against social exclusion as well as discrimination , and the promotion of a high level of education , training and the protection of human health .


### as outlined in their joint declaration on the legislative priorities for 2018 - 2019 , the european parliament , the council and the commission are committed to taking action to reinforce the social dimension of the union , by working on improving the coordination of social security systems36 , by protecting workers from health risks in the workplace37 , by ensuring fair treatment for all in the union labour market through modernised rules on posting of workers38 , and by further improving cross - border enforcement of the union law . _________________ 36 proposal for a regulation of the european parliament and of the council amending regulation no 883 / 2004 on the coordination of social security systems and regulation no 987 / 2009 laying down the procedure for implementing regulation no 883 / 2004 815 final . 37 proposal for a directive of the european parliament and of the council amending directive 2004 / 37 / ec on the protection of workers from the risks related to exposure to carcinogens or mutagens at work 11 final ) . 38 proposal for a directive of the european parliament and of the council amending directive 96 / 71 / ec of the european parliament and of the council of 16 december 1996 concerning the posting of workers in the framework of the provision of services 128 final ) . ### as outlined in their joint declaration on the legislative priorities for 2018 - 2019 , the european parliament , the council and the commission are committed to taking action to reinforce the social dimension of the union , by working on improving the coordination of social security systems36 , by protecting all workers from health risks in the workplace37 , by ensuring fair treatment for all in the union labour market through modernised rules on posting of workers38 , and by further improving cross - border enforcement of the union law . _________________ 36 proposal for a regulation of the european parliament and of the council amending regulation no 883 / 2004 on the coordination of social security systems and regulation no 987 / 2009 laying down the procedure for implementing regulation no 883 / 2004 815 final . 37 proposal for a directive of the european parliament and of the council amending directive 2004 / 37 / ec on the protection of workers from the risks related to exposure to carcinogens or mutagens at work 11 final ) . 38 proposal for a directive of the european parliament and of the council amending directive 96 / 71 / ec of the european parliament and of the council of 16 december 1996 concerning the posting of workers in the framework of the provision of services 128 final ) .


### the authority should perform its activities in the areas of cross - border labour mobility and social security coordination , including free movement of workers , posting of workers and highly mobile services . it should also enhance cooperation between member states in tackling undeclared work . in cases where the authority , in the course of the performance of its activities , becomes aware of suspected irregularities , including in areas of union law beyond its scope , such as violations of working conditions , health and safety rules , or the employment of illegally staying third - country nationals , it should be able to report them and cooperate on these matters with the commission , competent union bodies , and national authorities where appropriate . ### the agency should perform its activities in the areas of cross - border labour mobility and social security coordination , including free movement of workers and services . the agency should also enhance cooperation between member states in tackling undeclared work and combating the establishment of letterbox companies in the road transport sector , which contributed to distorting the sector’s competitiveness . in cases where the agency , in the course of the performance of its activities , becomes aware of suspected irregularities , it should be able to report them to the commission and national authorities .


### the member states and the commission should be represented on a management board , in order to ensure the effective functioning of the authority . the composition of the management board , including the selection of its chair and deputy - chair , should respect the principles of gender balance , experience and qualification . in view of the effective and efficient functioning of the authority , the management board , in particular , should adopt an annual work programme , carry out its functions relating to the authority’s budget , adopt the financial rules applicable to the authority , appoint an executive director , and establish procedures for taking decisions relating to the operational tasks of the authority by the executive director . representatives from countries other than union member states , which are applying the union rules within the scope of the authority , may participate in the meetings of the management board as observers . ### the member states and the commission should be represented on a management board , in order to ensure the effective functioning of the agency . the composition of the management board , including the selection of its chair and deputy - chair , should respect the principles of gender balance , experience , qualification and equitable geographical representation . in view of the effective and efficient functioning of the agency , the management board , in particular , should adopt an annual work programme , carry out its functions relating to the agency’s budget , adopt the financial rules applicable to the agency , appoint an executive director , and establish procedures for taking decisions relating to the operational tasks of the agency by the executive director . representatives from countries other than union member states , which are applying the union rules within the scope of the agency may participate in the meetings of the management board as observers .


### within the framework of their respective competences , the authority should cooperate with other agencies of the union , in particular those established in the area of employment and social policy , building on their expertise and maximising synergies : the european foundation for the improvement of living and working conditions , the european centre for the development of vocational training , the european agency for safety and health at work , and the european training foundation , as well as , as regards the fight against organised crime and trafficking in human beings , with the european union agency for law enforcement cooperation and european union agency for criminal justice cooperation . ### within the framework of their respective competences , the authority should cooperate with other agencies of the union , in particular those established in the area of employment and social policy , building on their expertise and maximising synergies : the european foundation for the improvement of living and working conditions , the european centre for the development of vocational training , the european agency for safety and health at work , the european training foundation , and the european institute for gender equality as well as , as regards the fight against organised crime and trafficking in human beings , with the european union agency for law enforcement cooperation and european union agency for criminal justice cooperation .


### respect for the diversity of national industrial relations systems as well as the autonomy of social partners is explicitly recognised by the tfeu . taking part in the activities of the authority is without prejudice to the member states ' competences , obligations and responsibilities under , inter alia , relevant and applicable international labour organization conventions , such as convention no 81 concerning labour inspection in industry and commerce , and to the member states ' powers to regulate , mediate or monitor national industrial relations , in particular on the exercise of the right to collective bargaining and to take collective action . ### respect for the diversity of national industrial relations systems as well as the autonomy of social partners is explicitly recognised by the tfeu . taking part in the activities of the authority is without prejudice to the member states ' competences , obligations and responsibilities under , inter alia , relevant and applicable international labour organization conventions , such as convention no 81 concerning labour inspection in industry and commerce , which specifies that the purpose of labour inspections is to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work , and to the member states ' powers to regulate , mediate or monitor national industrial relations , in particular on the exercise of the right to collective bargaining and to take collective action .


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


### carry out analyses and risk assessments on issues of cross - border labour mobility , in accordance with article 11 ; ### initiate analyses and carry out risk assessments by making full use of existing or request new research , as well as use of gender - related indicators created by other relevant eu agencies , particularly eige and eurofound on issues of cross - border labour mobility , in accordance with article 11 ;


### to that end , the authority shall , upon request of national authorities , and in order to speed up exchanges between them , in particular : ### to that end , the authority shall in particular :


### facilitate the follow - up to requests and information exchanges between national authorities by providing logistical and technical support , including translation and interpretation services , and through exchanges on the status of cases ; ### facilitate or execute the follow - up to requests and information exchanges between national authorities , social partners and relevant stakeholders by providing support , including translation and interpretation services , and through exchanges on the status of cases ;


### the authority shall promote the use of electronic tools and procedures for message exchange between national authorities , including the internal market information system and the electronic exchange of social security information system . ### the agency shall promote the use of electronic tools and procedures for message exchange between national authorities , including the internal market information system and the electronic exchange of social security information system . with the objective of verifying the correct application of and compliance with union law , inspectors responsible for roadside checks shall have direct real - time access , via an electronic application common to all member states , both to the system interconnecting national registers of transport undertakings and activities , erru , and to information on the driver’s posting declaration through the imi . in this context , the agency shall promote this electronic application that will provide direct real - time access to the erru and imi during roadside checks .


### the authority shall encourage the use of innovative approaches to effective and efficient cross - border cooperation , and explore the potential use of electronic exchange mechanisms between the member states to facilitate the detection of fraud , providing reports to the commission with a view to their further development . ### the agency shall encourage the use of digital tools and innovative approaches to effective and efficient cross - border cooperation , and play a central role in developing electronic exchange mechanisms between the member states to facilitate the detection of fraud , in particular by using electronic application that shall provide direct real - time access to the erru , eessi and imi during roadside checks through which national authorities can access relevant data in real time . it shall provide reports to the commission with a view to their further development .


### the authority shall assess risks and carry out analyses regarding cross - border labour flows , such as labour market imbalances , sector - specific threats and recurring problems encountered by individuals and employers in relation to cross - border mobility . for that purpose , the authority shall ensure complementarity with , and draw on the expertise of , other union agencies or services , including in the areas of skills forecasting and health and safety at work . upon a request by the commission , the authority may carry out focused in - depth analyses and studies to investigate specific labour mobility issues . ### the authority shall assess risks and carry out analyses regarding cross - border labour flows , such as labour market imbalances , sector - specific threats and recurring problems encountered by individuals and employers in relation to cross - border mobility , undeclared work , fraud and exploitations as well as analysis related to cross - border social security matters , including portability of pensions . for that purpose , the authority shall ensure complementarity with , and draw on the expertise of , other union agencies or services , including in the areas of skills forecasting and health and safety at work . the authority shall carry out focused in - depth analyses and studies to investigate specific mobility issues . the authority shall also assess risks and carry out analyses regarding cross - border social security coordination in order to identify possible gaps and areas of improvement . the authority shall conduct any assessment making full use of the work of other agencies and in particular the work of eurofound . the agency shall avoid duplication of work . when completing risk assessments , the authority shall always take into account the cost of non - action .


### the authority shall regularly report its findings to the commission , as well as directly to the member states concerned , outlining possible measures to address identified weaknesses . ### the authority shall regularly report , after discussion with the stakeholder group , its findings to the commission and the european parliament , as well as directly to the member states concerned , outlining possible measures to address identified weaknesses . the reports shall be published by 15th march of the following year at the latest .


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


### preparing the authority ' s draft statement of estimates of revenue and expenditure and implementing its budget ; ### preparing the authority ' s draft statement of estimates of revenue and expenditure and implementing its budget as part of the agency ' s single programming document ;


### the authority shall make public the opinions and advice of the stakeholder group and the results of its consultations , except in case of confidentiality requirements . ### the authority shall make public the opinions , advice and recommendations of the stakeholder group and the results of its consultations , except in case of confidentiality requirements .


### each year , the executive director shall draw up a provisional draft estimate of the authority ' s revenue and expenditure for the following financial year , including the establishment plan , and send it to the management board . ### each year , the executive director shall draw up a provisional draft estimate of the authority ' s revenue and expenditure for the following financial year , including the establishment plan , and send it to the management board . where new tasks are conferred upon the authority by union institutions or union legislation , this shall be taken into account in the resource and financial programming .


### the financial rules applicable to the authority shall be adopted by the management board after consulting the commission . they shall not depart from delegated regulation 1271 / 2013 unless such a departure is specifically required for the authority ' s operation and the commission has given its prior consent . ### the financial rules applicable to the authority shall be adopted by the management board after consulting the commission . they shall not depart from delegated regulation 1271 / 2013 unless such a departure is specifically required for the authority ' s operation and the commission has given its prior consent . every effort shall be made for the application of the rules to be proportionate to the size and budget of the authority so as not to impose excessive burdens , while still maintaining sound practice .


### national liaison officers shall have competence under their member states’ national law to request information from the authorities concerned . ### national liaison officers shall have competence under their member states’ national law to request information from the authorities concerned . they shall also have access to the necessary information from their respective member states to fulfil their task rapidly and effectively .


### in so far as is necessary to achieve the objectives set out in this regulation , and without prejudice to the respective competences of the member states and the institutions of the union , the authority may cooperate with the national authorities of third countries to which the relevant union law on labour mobility and social security coordination applies . ### in so far as is necessary to achieve the objectives set out in this regulation , and without prejudice to the respective competences of the member states and the institutions of the union , the authority may cooperate with the national authorities of third countries to which the relevant union law on labour mobility and social security coordination applies as well as with international organisations working on areas that fall within the scope of the authority .


### to that end , the authority may , subject to prior approval by the commission , establish working arrangements with the authorities of third countries . those arrangements shall not create legal obligations incumbent on the union and its member states . ### to that end , the authority may , subject to prior approval by the commission , establish working arrangements with the authorities of third countries . those arrangements shall not create legal obligations incumbent on the union and its member states and shall not include the possibility of exchanging personal data .


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


### emerging technologies such as artificial intelligence , internet of things , high - performance computing and quantum computing , blockchain and concepts such as secure digital identities create at the same time new challenges for cybersecurity as well as offer solutions . assessing and validating the robustness of existing or future ict systems will require testing security solutions against attacks run on hpc and quantum machines . the competence centre , the network and the cybersecurity competence community should help advance and disseminate the latest cybersecurity solutions . at the same time the competence centre and the network should be at the service of developers and operators in critical sectors such as transport , energy , health , financial , government , telecom , manufacturing , defence , and space to help them solve their cybersecurity challenges . ### emerging technologies such as artificial intelligence , internet of things , high - performance computing and quantum computing , as well as concepts such as secure digital identities create at the same time new challenges for cybersecurity as well as offer products and processes . assessing and validating the robustness of existing or future ict systems will require testing security products and processes against attacks run on hpc and quantum machines . the competence centre , the network and the cybersecurity competence community should help advance and disseminate the latest cybersecurity products and processes . at the same time the competence centre and the network should be at the service of developers and operators in critical sectors such as transport , energy , health , financial , government , telecom , manufacturing , and space to help them solve their cybersecurity challenges .


### in order to respond to the needs of both demand and supply side industries , the competence centre ' s task to provide cybersecurity knowledge and technical assistance to industries should refer to both ict products and services and all other industrial and technological products and solutions in which cybersecurity is to be embedded . ### in order to respond to the needs of both demand and supply side industries , the competence centre ' s task to provide cybersecurity knowledge and technical assistance to industries should refer to both ict products and services and all other industrial and technological products and processes in which cybersecurity is to be embedded .


### ' cybersecurity products and solutions ' means ict products , services or process with the specific purpose of protecting network and information systems , their users and affected persons from cyber threats ; ### ' products and processes ' means commercial and non - commercial ict products , services or processes with the specific purpose of protecting network and information systems , their users and other persons from cybersecurity threats , including free and open source software products , services or processes ;


### retain and develop the cybersecurity technological and industrial capacities necessary to secure its digital single market ; ### develop the civilian cybersecurity technological , industrial , societal , academic and research capacities and capabilities ;


### increase the competitiveness of the union ' s cybersecurity industry and turn cybersecurity into competitive advantage of other union industries . ### increase the competitiveness of the union ' s civilian cybersecurity industry and turn cybersecurity into a competitive advantage of other union industries ;


### enhance cybersecurity capabilities , knowledge and infrastructures at the service of industries , the public sector and research communities , by carrying out the following tasks : ### enhance cybersecurity resilience , capabilities , knowledge and infrastructures at the service of society , industries , the public sector and research communities , by carrying out the following tasks , having regard to the state - of - the - art cybersecurity industrial and research infrastructures and related services :


### having regard to the state - of - the - art cybersecurity industrial and research infrastructures and related services , acquiring , upgrading , operating and making available such infrastructures and related services to a wide range of users across the union from industry including smes , the public sector and the research and scientific community ; ### acquiring , upgrading , operating and making available own facilities and related services to a wide range of users and stakeholders ;


### having regard to the state - of - the - art cybersecurity industrial and research infrastructures and related services , providing support to other entities , including financially , to acquiring , upgrading , operating and making available such infrastructures and related services to a wide range of users across the union from industry including smes , the public sector and the research and scientific community ; ### providing support to other entities , including financially , to acquiring , upgrading , operating and making available such facilities and related services to a wide range of users and stakeholders ;


### contribute to the wide deployment of state - of - the - art cyber security products and solutions across the economy , by carrying out the following tasks : ### contribute to the wide deployment of state - of - the - art and sustainable cybersecurity products and processes across the union , by carrying out the following tasks :


### supporting further development of cybersecurity skills , where appropriate together with relevant eu agencies and bodies including enisa . ### supporting further development of cybersecurity processes , skills , and competences ; facilitating a common high level of cybersecurity knowledge ; and contributing to the resilience of users and infrastructures in the union in coordination with relevant eu agencies and bodies including enisa , as well as the network .


### investment in and use of infrastructures , capabilities , products or solutions ### investment in and use of infrastructures , capabilities , products or processes


### where the competence centre provides funding for infrastructures , capabilities , products or solutions pursuant to article 4 and in the form of a grant or a prize , the work plan of the competence centre may specify in particular : ### where the competence centre provides funding for infrastructures , capabilities , products or processes pursuant to article 4 and in the form of a grant or a prize , the work plan of the competence centre may specify in particular :


### the competence centre may be responsible for the overall execution of relevant joint procurement actions including pre - commercial procurements on behalf of members of the network , members of the cybersecurity competence community , or other third parties representing the users of cybersecurity products and solutions . for this purpose , the competence centre may be assisted by one or more national coordination centres or members of the cybersecurity competence community . ### the competence centre may be responsible for the overall execution of relevant joint procurement actions including pre - commercial procurements on behalf of members of the network . for this purpose , the competence centre may be assisted by one or more national coordination centres or members of the cybersecurity competence community .


### the nominated national coordination centre shall have the capability to support the competence centre and the network in fulfilling their mission laid out in article 3 of this regulation . they shall possess or have direct access to technological expertise in cybersecurity and be in a position to effectively engage and coordinate with industry , the public sector and the research community . ### the nominated national coordination centre shall have the capability to support the competence centre and the network in fulfilling their mission laid out in article 3 of this regulation . they shall possess or have direct access to technological expertise in cybersecurity and be in a position to effectively engage and coordinate with industry , the public sector and the academic and research community . the commission shall issue guidelines further detailing the assessment procedure and explaining the application of the criteria .


### the cybersecurity competence community shall contribute to the mission of the competence centre as laid down in article 3 and enhance and disseminate cybersecurity expertise across the union . ### the cybersecurity competence community contributes to the mission of the competence centre as laid down in article 3 and enhances and disseminates cybersecurity expertise across the union and provides technical expertise .


### the cybersecurity competence community shall consist of industry , academic and non - profit research organisations , and associations as well as public entities and other entities dealing with operational and technical matters . it shall bring together the main stakeholders with regard to cybersecurity technological and industrial capacities in the union . it shall involve national coordination centres as well as union institutions and bodies with relevant expertise . . ### the cybersecurity competence community shall consist of civil society , industry , academic and research community , associations , individual experts , relevant european standardisation organisations , as well as public entities and other entities dealing with operational and technical matters in the area of cybersecurity . it shall bring together the main stakeholders with regard to cybersecurity technological , industrial , academic and research , and societal capacities and capabilities in the union and shall involve national coordination centres as well as union institutions and bodies with relevant expertise .


### research ; ### academia or research ;


### the competence centre shall accredit entities established under national law as members of the cybersecurity competence community after an assessment made by the national coordination centre of the member state where the entity is established , on whether that entity meets the criteria provided for in paragraph 3 . an accreditation shall not be limited in time but may be revoked by the competence centre at any time if it or the relevant national coordination centre considers that the entity does not fulfil the criteria set out in paragraph 3 or it falls under the relevant provisions set out in article 136 of regulation xxx [ new financial regulation ] . ### the competence centre shall accredit entities established under national law , or individuals , as members of the cybersecurity competence community after an assessment made by the national coordination centre of the member state where the entity is established , or the individual is a resident , on whether that entity or individual meets the criteria provided for in paragraph 3 . an accreditation shall not be limited in time but may be revoked by the competence centre at any time if it or the relevant national coordination centre considers that the entity does not fulfil the criteria set out in paragraph 3 or it falls under the relevant provisions set out in article 136 of regulation xxx [ new financial regulation ] . the national coordination centres of the member states shall aim to achieve a balanced representation of stakeholders in the community , actively stimulating participation from under - represented categories and groups of individuals .


### the competence centre shall cooperate with relevant union institutions , bodies , offices and agencies including the european union agency for network and information security , the computer emergency response team , the european external action service , the joint research centre of the commission , the research executive agency , innovation and networks executive agency , european cybercrime centre at europol as well as the european defence agency . ### the competence centre shall cooperate with relevant union institutions , bodies , offices and agencies including the european union agency for network and information security , the computer emergency response team , the joint research centre of the commission , the research executive agency , the innovation and networks executive agency , as well as the european cybercrime centre at europol .


### promote the competence centre globally , so as to raise its attractiveness and make it a world - class body for excellence in cybersecurity ; ### promote the cooperation of the competence centre with global actors ;


### the term of office of the executive director shall be four years . by the end of that period , the commission shall carry out an assessment which takes into account the evaluation of the performance of the executive director and the competence centre’s future tasks and challenges . ### the term of office of the executive director shall be five years . by the end of that period , the governing board shall carry out an assessment which takes into account the evaluation of the performance of the executive director and the competence centre’s future tasks and challenges .


### the governing board may , acting on a proposal from the commission which takes into account the assessment referred to in paragraph 5 , extend once the term of office of the executive director for no more than four years . ### the governing board may , taking into account the assessment referred to in paragraph 5 , extend once the term of office of the executive director for no more than five years .


### the executive director shall be removed from office only by decision of the governing board , acting on a proposal from the commission . ### the executive director shall be removed from office only by decision of the governing board , acting on its own initiative or on a proposal from the commission .


### prepare an action plan following - up conclusions of internal or external audit reports , as well as investigations by the european anti - fraud office and reporting on progress twice a year to the commission and regularly to the governing board ; ### prepare an action plan following - up conclusions of internal or external audit reports , as well as investigations by the european anti - fraud office and reporting on progress twice a year to the commission and the european parliament and regularly to the governing board ;


### ensure effective communication with the union ' s institutions ; ### ensure effective communication with the union ' s institutions and report to the european parliament and to the council annually or on invitation ;


### participating member states ' financial contributions to the administrative costs ; ### the union ' s and participating member states ' financial contributions to the administrative costs ;


### participating member states ' financial contributions to the operational costs ; ### the union’s and participating member states ' financial contributions to the operational costs ;


### the competence centre governing board shall adopt rules for the prevention and management of conflicts of interest in respect of its members , bodies and staff . those rules shall contain the provisions intended to avoid a conflict of interest in respect of the representatives of the members serving in the governing board as well as the scientific and industrial advisory board in accordance with regulation xxx [ new financial regulation ] . ### the competence centre governing board shall adopt rules for the prevention , identification , and resolution of conflicts of interest in respect of its members , bodies and staff , the governing board , as well as the scientific and industrial advisory board , and the community .


### support from the host member state ### seat and support from the host member state


### for reasons of clarity of union legislation , it is also necessary to delete all other provisions related to driftnets by amending council regulation no 850 / 98 , regulation no 812 / 2004 , regulation no 2187 / 2005 and council regulation no 1967 / 2006 , and repealing regulation no 894 / 97 . ### for reasons of clarity of union legislation , it is also necessary to delete all outdated provisions related to driftnets contained in council regulations no 894 / 97 , no 812 / 2004 and no 2187 / 2005 .


### ' drift net ' means : any gillnet held on the sea surface or at a certain distance below it by floating devices , drifting with the current , either independently or with the boat to which it may be attached . it may be equipped with devices aiming to stabilise the net or to limit its drift . ### article 2 a amendment of regulation no 894 / 97 regulation no 894 / 97 is amended as follows : article 11 is replaced by the following : ' 1 . driftnet ' means a net made up of one or more walls of netting , hung jointly in parallel on the headline , held on the water surface or at a certain distance below it by floating devices and drifting with the current , either independently or with the boat to which it may be attached . it may be equipped with devices aimed at stabilising the net or limiting its drift , such as a sea - anchor or an anchor on the bottom attached at one single end of the net . '


### article 1a is deleted ; ### article 1a is replaced by the following : ' ' driftnet ' means a net made up of one or more walls of netting , hung jointly in parallel on the headline , held on the water surface or at a certain distance below it by floating devices and drifting with the current , either independently or with the boat to which it may be attached . it may be equipped with devices aimed at stabilising the net or limiting its drift , such as a sea - anchor or an anchor on the bottom attached at one single end of the net . '


### article 2 , article 9 and article 10 of regulation no 2187 / 2005 are deleted . ### regulation no 2187 / 2005 is amended as follows : article 2 is replaced by the following : ' ' driftnet ' means a net made up of one or more walls of netting , hung jointly in parallel on the headline , held on the water surface or at a certain distance below it by floating devices and drifting with the current , either independently or with the boat to which it may be attached . it may be equipped with devices aimed at stabilising the net or limiting its drift , such as a sea - anchor or an anchor on the bottom attached at one single end of the net . ' ; article 9 is replaced by the following : ' article 9 prohibition of driftnet fisheries it shall be prohibited to keep on board , or use for fishing , driftnets . ' ; article 10 is deleted .


### the fact that the legislative basis necessary for governing sis consists of separate instruments does not affect the principle that sis constitutes one single information system that should operate as such . certain provisions of these instruments should therefore be identical . ### the fact that the legislative basis necessary for governing sis consists of separate instruments does not affect the principle that sis constitutes one single information system that should operate as such . certain provisions of these instruments should therefore be identical , while other provisions should differ , in particular as regards the authorities authorised to access to the data contained into the sis information system . the rules on the protection of personal data should be fully guaranteed , in particular the purpose limitation principle .


### in order to maintain the efficient exchange of supplementary information concerning the action to be taken specified in the alerts , it is appropriate to reinforce the functioning of the sirene bureaux by specifying the requirements concerning the available resources , user training and the response time to the inquiries received from other sirene bureaux . ### in order to maintain the efficient and immediate exchange of supplementary information concerning the action to be taken specified in the alerts , it is appropriate to reinforce the functioning of the sirene bureaux by specifying the requirements concerning the available resources , user training and the response time to the inquiries received from other sirene bureaux .


### sis should permit the processing of biometric data in order to assist in the reliable identification of the individuals concerned . in the same perspective , sis should also allow for the processing of data concerning individuals whose identity has been misused , subject to suitable safeguards ; in particular with the consent of the individual concerned and a strict limitation of the purposes for which such data can be lawfully processed . ### sis should permit the processing of data concerning individuals whose identity has been misused , subject to suitable safeguards ; in particular with the consent of the individual concerned and a strict limitation of the purposes for which such data can be lawfully processed .


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


### entering and extending the expiry date of a sis alert should be subject to the necessary proportionality requirement , examining whether a concrete case is adequate , relevant and important enough to insert an alert in sis . offences pursuant to articles 1 , 2 , 3 and 4 of council framework decision 2002 / 475 / jha on combating terrorism50 constitute a very serious threat to public security and integrity of life of individuals and to society , and these offences are extremely difficult to prevent , detect and investigate in an area without internal border controls where potential offenders circulate freely . where a person or object is sought in relation to these offences , it is always necessary to create the corresponding alert in sis on persons sought for a criminal judicial procedure , on persons or objects subject to a discreet , inquiry and specific check as well as on objects for seizure , as no other means would be as effective in relation to that purpose . _________________ 50 council framework decision 2002 / 475 / jha of 13 june 2002 on combating terrorism . ### entering and extending the expiry date of a sis alert should be subject to the necessary proportionality requirement , examining whether a concrete case is adequate , relevant and important enough to insert an alert in sis . offences pursuant to articles 1 , 2 , 3 and 4 of council framework decision 2002 / 475 / jha on combating terrorism50 constitute a very serious threat to public security and integrity of life of individuals and to society , and these offences are extremely difficult to prevent , detect and investigate in an area without internal border controls where potential offenders circulate freely . where a person or object is sought in relation to these offences , it is always necessary to create the corresponding alert in sis on persons sought for a criminal judicial procedure , on persons or objects subject to a discreet and specific check as well as on objects for seizure , as no other means would be as effective in relation to that purpose . _________________ 50 council framework decision 2002 / 475 / jha of 13 june 2002 on combating terrorism .


### for processing of data by competent national authorities for the purposes of the prevention , investigation , detection of serious crime or terrorist offences , or prosecution of criminal offences and the execution of criminal penalties including the safeguarding against the prevention of threat to public security , national provisions transposing directive 2016 / 680 should apply . the provisions of regulation 2016 / 679 of the european parliament and of the council52 and directive 2016 / 680 should be further specified in this regulation where necessary . _________________ 52 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 . ### for processing of data by competent national authorities for the purposes of the prevention , investigation , detection of serious crime or terrorist offences , or prosecution of criminal offences and the execution of criminal penalties including the safeguarding against the prevention of threat to public security , national provisions transposing directive 2016 / 680 should apply .


### the provisions of decision 2002 / 187 / jha of 28 february 200255 setting up eurojust with a view to reinforcing the fight against serious crime concerning data protection apply to the processing of sis data by eurojust , including the powers of the joint supervisory body , set up under that decision , to monitor the activities of eurojust and liability for any unlawful processing of personal data by eurojust . in cases when searches carried out by eurojust in sis reveal the existence of an alert issued by a member state , eurojust cannot take the required action . therefore it should inform the member state concerned allowing it to follow up the case . _________________ 55 council decision 2002 / 187 / jha of 28 february 2002 setting up eurojust with a view to reinforcing the fight against serious crime . ### the provisions of decision 2002 / 187 / jha of 28 february 200255 setting up eurojust with a view to reinforcing the fight against serious crime concerning data protection apply to the processing of sis data by eurojust , including the powers of the joint supervisory body , set up under that decision , to monitor the activities of eurojust and liability for any unlawful processing of personal data by eurojust . in cases when searches carried out by eurojust in sis reveal the existence of an alert issued by a member state , eurojust cannot take the required action . therefore it should immediately inform the member state concerned allowing it to follow up the case . _________________ 55 council decision 2002 / 187 / jha of 28 february 2002 setting up eurojust with a view to reinforcing the fight against serious crime .


### it is also necessary to set out clear rules for europol on the processing and downloading of sis data to allow the most comprehensive use of sis provided that data protection standards are respected as provided in this regulation and regulation 2016 / 794 . in cases where searches carried out by europol in sis reveal the existence of an alert issued by a member state , europol cannot take the required action . therefore it should inform the member state concerned allowing it to follow up the case . ### it is also necessary to set out clear rules for europol on the processing and downloading of sis data to allow the most comprehensive use of sis provided that data protection standards are respected as provided under union law . in cases where searches carried out by europol in sis reveal the existence of an alert issued by a member state , europol cannot take the required action . therefore it should immediately inform the member state concerned allowing it to follow up the case .


### supplementary information shall be exchanged in accordance with the provisions of the sirene manual and using the communication infrastructure . member states shall provide the necessary technical and personal resources to ensure the continuous availability and exchange of supplementary information . in the event that the communication infrastructure is unavailable , member states may use other adequately secured technical means to exchange supplementary information . ### supplementary information shall be exchanged in accordance with the provisions of the sirene manual and using the communication infrastructure . member states shall provide the necessary technical and personal resources to ensure the continuous availability and immediate exchange of supplementary information . in the event that the communication infrastructure is unavailable , member states may use other adequately secured technical means to timely exchange supplementary information .


### member states shall ensure that every access to and all exchanges of personal data within cs - sis are logged in their n . sis for the purposes of checking whether or not the search is lawful , monitoring the lawfulness of data processing , self - monitoring and ensuring the proper functioning of n . sis , data integrity and security . ### without prejudice to article 25 of directive 2016 / 680 , &#160 ; member states shall ensure that every access to and all exchanges of personal data within cs - sis are logged in their n . sis for the purposes of checking whether or not the search is lawful , monitoring the lawfulness of data processing , self - monitoring and ensuring the proper functioning of n . sis , data integrity and security .


### where member states carry out automated scanned searches of the number plates of motor vehicles , using automatic number plate recognition systems , member states shall maintain a log of the search in accordance with national law . the content of this log shall be established by means of implementing measures in accordance with the examination procedure referred to in article 72 . where a positive match is achieved against data stored in sis , or a national or technical copy of sis data , a full search shall be carried out in sis in order to verify that a match has indeed been achieved . the provisions of paragraphs 1 to 6 of this article shall apply to this full search . ### where member states carry out automated scanned searches of the number plates of motor vehicles , using automatic number plate recognition systems , and only if such automated searches are allowed under national law , member states shall maintain a log of the search in accordance with national law . the content of this log shall be established by means of implementing measures in accordance with the examination procedure referred to in article 72 . where a positive match is achieved against data stored in sis , or a national or technical copy of sis data , a full search shall be carried out in sis in order to verify that a match has indeed been achieved . the provisions of paragraphs 1 to 6 of this article shall apply to this full search .


### before being authorised to process data stored in sis and periodically after access to sis data has been granted , the staff of the authorities having a right to access sis shall receive appropriate training about data security , data protection rules and the procedures on data processing as set out in the sirene manual . the staff shall be informed of any relevant criminal offences and penalties . ### before being authorised to process data stored in sis and periodically after access to sis data has been granted , the staff of the authorities having a right to access sis shall receive appropriate training about data security , fundamental rights including data protection rules and the procedures on data processing as set out in the sirene manual . the staff shall be informed of any relevant criminal offences and penalties .


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


### the information referred to in paragraph 1 shall be communicated through the exchange of supplementary information . ### the information referred to in paragraph 1 shall be immediately communicated through the exchange of supplementary information .


### alerts on unknown wanted person for apprehension under national law ### alerts on unknown wanted person for identification under national law


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


### where a search by europol reveals the existence of an alert in sis , europol shall inform the issuing member state via the channels defined by regulation 2016 / 794 . ### where a search by europol reveals the existence of an alert in sis , europol shall immediately inform the issuing member state via the channels defined by regulation 2016 / 794 .


### where a search by a national member of eurojust reveals the existence of an alert in sis , he or she shall inform the issuing member state . ### where a search by a national member of eurojust reveals the existence of an alert in sis , he or she shall immediately inform the issuing member state .


### where a search by a member of the european border and coast guard teams or teams of staff involved in return - related tasks or by a member of the migration management support team reveals the existence of an alert in sis , the issuing member state shall be informed thereof . in accordance with article 40 of regulation 2016 / 1624 , members of the teams may only act in response to an alert in sis under instructions from and , as a general rule , in the presence of border guards or staff involved in return - related tasks of the host member state in which they are operating . the host member state may authorise members of the teams to act on its behalf . ### where a search by a member of the european border and coast guard teams or teams of staff involved in return - related tasks or by a member of the migration management support team reveals the existence of an alert in sis , the issuing member state shall be immediately informed thereof .


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


### alerts entered in sis pursuant to this regulation shall be kept only for the time required to achieve the purposes for which they were entered . ### alerts entered in sis pursuant to this regulation shall not be kept longer than for the time required to achieve the purposes for which they were entered .


### in cases where it becomes clear to staff in the sirene bureau , who are responsible for coordinating and verifying of data quality , that an alert on a person has achieved its purpose and should be deleted from sis , the staff shall notify the authority which created the alert to bring this issue to the attention of the authority . the authority shall have 30 calendar days from the receipt of this notification to indicate that the alert has been or shall be deleted or shall state reasons for the retention of the alert . if the 30 - day period expires without such a reply the alert shall be deleted by the staff of the sirene bureau . sirene bureaux shall report any recurring issues in this area to their national supervisory authority . ### in cases where it becomes clear to staff in the sirene bureau , who are responsible for coordinating and verifying of data quality , that an alert on a person has achieved its purpose and should be deleted from sis , the staff shall immediately notify the authority which created the alert to bring this issue to the attention of the authority . the authority shall have 30 calendar days from the receipt of this notification to indicate that the alert has been or shall be deleted or shall state reasons for the retention of the alert . if the 30 - day period expires without such a reply the alert shall be deleted by the staff of the sirene bureau . sirene bureaux shall report any recurring issues in this area to their national supervisory authority .


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


### where a member state other than that which issued an alert has evidence suggesting that an item of data is factually incorrect or has been unlawfully stored , it shall , through the exchange of supplementary information , inform the issuing member state at the earliest opportunity and not later than 10 days after the said evidence has come to its attention . the issuing member state shall check the communication and , if necessary , correct or delete the item in question without delay . ### where a member state other than that which issued an alert has evidence suggesting that an item of data is factually incorrect or has been unlawfully stored , it shall , through the exchange of supplementary information , immediately inform the issuing member state . the issuing member state shall check the communication and , if necessary , correct or delete the item in question without delay .


### the sirene bureau shall contact the requesting authority to clarify whether or not the alert is on the same person ; ### the sirene bureau shall immediately contact the requesting authority to clarify whether or not the alert is on the same person ;


### the national supervisory authorities and the european data protection supervisor , each acting within the scope of its respective competences , shall actively cooperate within the framework of their responsibilities and shall ensure coordinated supervision of sis . ### the national supervisory authorities and the european data protection supervisor , each acting within the scope of its respective competences , shall actively cooperate with each other within the framework of their responsibilities in accordance with article 62 of [ new regulation 45 / 2001 ] .


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


### it is appropriate to encourage the introduction of alternative fuel vehicles , which can have low nox and particulate emissions . thus , limit values for total hydrocarbons should be adapted in order to take into account non - methane hydrocarbons and methane emissions . ### it is appropriate to encourage the introduction of alternative fuel vehicles , which can have low nox , particulate and co2 emissions . thus , limit values for total hydrocarbons should include methane emissions ;


### a limited number of exemptions should be granted to address the specific needs related to armed forces , logistic supply constraints , field testing of prototypes and the use of machinery in explosive atmospheres . ### a limited number of exemptions should be granted to address the specific needs related to armed forces , emergency vehicles , field testing of prototypes and the use of machinery in explosive atmospheres .


### as a consequence , unece regulations and the amendments thereto which the union has voted in favour of or to which the union has acceded , in application of decision 97 / 836 / ec , should be recognized as equivalent to eu type - approvals granted under this regulation . accordingly , the commission should be empowered to adopt delegated acts in order to determine which unece regulations will apply to eu type - approvals . ### as a consequence , unece regulations and the amendments thereto which the union has voted in favour of or to which the union has acceded , in application of decision 97 / 836 / ec , should be recognized as equivalent to eu type - approvals granted under this regulation , where the emissions limits to be met are the same . accordingly , the commission should be empowered to adopt delegated acts in order to determine which unece regulations will apply to eu type - approvals .


### to that end , it is also important to ensure a minimum level of information and coordination with regard to foreign direct investments falling under the scope of this regulation in all member states . this information should be made available by the member states in which the foreign direct investment is planned or has been completed upon request of the member states or of the commission . relevant information includes aspects such as the ownership structure of the foreign investor and the financing of the planned or completed investment , including , when available , information about subsides granted by third countries . ### to that end , it is also important to ensure a minimum level of information and coordination with regard to foreign direct investments falling under the scope of this regulation in all member states . this information should be made available by the member states in which the foreign direct investment is planned or has been completed upon request of the commission or the investment screening coordination group . relevant information includes aspects such as the ownership structure of the foreign investor and the financing of the planned or completed investment , including , when available , information about subsides granted by third countries .


### projects or programmes of union interest shall include in particular those projects and programmes which involve a substantial amount or a significant share of eu funding , or which are covered by union legislation regarding critical infrastructure , critical technologies or critical inputs . an indicative list of projects or programmes of union interest is included in annex 1 . ### projects or programmes of union interest shall include in particular those projects and programmes which involve a substantial amount or a significant share of eu funding , under the current multiannual financial framework and future multiannual financial frameworks , or which are covered by union legislation regarding critical infrastructure , critical technologies or critical inputs . an indicative list of projects or programmes of union interest is included in annex 1 . the commission is empowered to adopt delegated acts in accordance with article 13a in order to amend projects and programmes listed in the annex as well as specify the levels of eu funding considered to be a “significant amount” or “significant share” .


### - critical technologies , including artificial intelligence , robotics , semiconductors , technologies with potential dual use applications , cybersecurity , space or nuclear technology ; ### - critical technologies , including artificial intelligence , robotics , semiconductors , advanced materials , critical raw materials , nanotechnologies , biotechnologies , medical technologies , technologies with potential dual use applications , cyber security , space or nuclear technology ;


### member states may maintain , amend or adopt measures necessary to prevent circumvention of the screening mechanisms and screening decisions . ### member states may maintain , amend or adopt measures necessary to prevent circumvention of the screening mechanisms and screening decisions . these may relate to situations where , despite being registered in a member state , an undertaking is effectively controlled or owned by nationals of a third country .


### where a member state considers that a foreign direct investment planned or completed in another member state is likely to affect its security or public order , it may provide comments to the member state where the foreign direct investment is planned or has been completed . the comments shall be forwarded to the commission in parallel . ### where one or more member states consider that a foreign direct investment planned in another member state is likely to affect their security or public order , they shall inform the commission within 10 working days . those member states shall provide exhaustive explanations of how the foreign direct investment planned in another member state is likely to affect their security or public order . the commission shall inform the member state in which the foreign direct investment is planned within 10 working days of all comments received as well as those member states maintaining a screening mechanism .


### the commission or a member state which duly considers that a foreign direct investment is likely to affect its security or public order may request from the member state where the foreign direct investment is planned or has been completed , any information necessary to provide comments referred to in paragraph 2 , or to issue the opinion referred to in paragraph 3 . ### on the basis of the comments provided under paragraph 2 and 3 of this article , the commission may request additional information as referred to in article 10 from the member state where the foreign direct investment is planned . additionally , the commission may request the issue to be discussed in the framework of the investment screening coordination group referred to in article 12a within 30 days .


### where the commission considers that a foreign direct investment is likely to affect projects or programmes of union interest on grounds of security or public order , the commission may issue an opinion addressed to the member state where the foreign direct investment is planned or has been completed . ### where the commission considers that a foreign direct investment is likely to affect projects or programmes of union interest on grounds of security or public order , the commission&#160 ; shall issue an opinion addressed to the member state where the foreign direct investment is planned or has been completed . trade unions may request the commission to screen foreign direct investment affecting project and programmes of union interest . the european parliament may request the activation of the cooperation mechanism for projects and programmes of union interest on grounds of security or public order . the commission shall take utmost account of the european parliament ' s position and provide an explanation in case it is not taken into account .


### member states shall ensure that the information requested by the commission and other member states pursuant to articles 8 and 9 is made available to the commission and the requesting member states without undue delay . ### member states shall endeavour to ensure that the information requested by the commission or the investment screening coordination group pursuant to articles 8 and 9 is made available without undue delay .