### guarantee the capability of transmission and distribution networks to transmit electricity produced from renewable energy sources or high - efficiency cogeneration with minimum possible curtailment or redispatching . that shall not prevent network planning from taking into account limited curtailment or redispatching where this is shown to be more economically efficient and does not exceed 5 % of installed capacities using renewable energy sources or high - efficiency cogeneration in their area ; ### guarantee the capability of transmission and distribution networks to transmit electricity produced from renewable energy sources or high - efficiency cogeneration in line with the least cost delivery of union wide targets , including climate targets , with minimum possible curtailment or redispatching . that shall not prevent network planning from taking into account limited curtailment or redispatching where they can demonstrate in a transparent way that this is more economically efficient and does not exceed 1 % of installed capacities of installations using renewable energy sources or high - efficiency cogeneration at the connection point ;


### distribution tariffs shall reflect the cost of use of the distribution network by system users including active customers , and may be differentiated based on system users’ consumption or generation profiles . where member states have implemented the deployment of smart metering systems , regulatory authorities may introduce time differentiated network tariffs , reflecting the use of the network , in a transparent and foreseeable way for the consumer . ### distribution tariffs shall reflect the cost and benefits related to the use of the distribution network by system users and the benefits of those users including lower transmission losses and load reduction including active customers and may be differentiated based on system users’ consumption or generation profiles and grid connection capacities , whilst avoiding disincentives for energy efficiency . where member states have implemented the deployment of smart metering systems , regulatory authorities may introduce time differentiated network tariffs , reflecting the use of the network , in a transparent and foreseeable way for the consumer . the tariffs shall be set in a manner that incentivises investment in demand response flexibility systems and energy savings ; subsequently they shall not include additional capacity - based elements . member states shall ensure that tariffs are not discriminatory , and that there are no subsidies to specific groups of users , including exemptions to pay . member states may allow subsidies and exemptions for measures aiming at preventing fuel poverty as set in article 28 and article 29 of the [ electricity directive ] .


### regulatory authorities shall provide incentives to distribution system operators to procure services for the operation and development of their networks and integrate innovative solutions in the distribution systems . for that purpose regulatory authorities shall recognise as eligible and include all relevant costs in distribution tariffs and introduce performance targets in order to incentivise distribution system operators to raise efficiencies , including energy efficiency , in their networks . ### regulatory authorities shall provide incentives to distribution system for the most efficient operation and development of their networks and integrate innovative solutions in the distribution systems , notably via services procurement , including reduction of load through demand side response instead of network developments and aggregation of storage for ancillary services . for that purpose regulatory authorities shall recognise as eligible and include all relevant costs in distribution tariffs and introduce performance targets in order to incentivise distribution system operators to raise efficiencies , including energy efficiency , enable and incentivise reduction of demand and flexibility in their networks .


### maintaining or increasing interconnection capacities through network investments , in particular in new interconnectors . ### maintaining or increasing interconnection capacities through optimisation of the usage of existing interconnectors , network investments , in particular in new interconnectors . if the revenues cannot be efficiently used for the purposes set out in points and / or of the first subparagraph , they may be used , subject to approval by the regulatory authorities of the member state concerned , as income to be taken into account when approving the methodology for calculating network tariffs and / or fixing network tariffs .


### is based on appropriate scenarios of projected demand and supply including an economic assessment of the likelihood of retirement , new - build of generation assets and measures to reach energy efficiency targets and appropriate sensitivities on wholesale prices and carbon price developments ; ### is based on appropriate scenarios of projected demand and supply including an economic assessment of the likelihood of retirement , moth - balling , new - build of generation assets and measures to reach energy efficiency and electricity interconnection targets and appropriate sensitivities on wholesale prices and carbon price developments and appropriately takes account of the contribution of all resources and their potential for technological advancement i . e . via monitoring flexibility available in the system , including existing and potential flexibility from generation , demand - side , interconnections and storage . ;


### while preparing the proposals pursuant to the tasks referred to in article 27 , the entso for electricity shall conduct an extensive consultation process , at an early stage and in an open and transparent manner , involving all relevant stakeholders , and , in particular , the organisations representing all stakeholders , in accordance with the rules of procedure referred to in article 26 . that consultation shall also involve national regulatory authorities and other national authorities , supply and generation undertakings , system users including customers , distribution system operators , including relevant industry associations , technical bodies and stakeholder platforms . it shall aim at identifying the views and proposals of all relevant parties during the decision - making process . ### while preparing the&#160 ; opinions pursuant to the tasks referred to in article 27 , the entso for electricity shall conduct an extensive consultation process , at an early stage and structured in a way to enable accommodating stakeholder comments before final adoption and in an open and transparent manner , involving all relevant stakeholders , and , in particular , the organisations representing all stakeholders , in accordance with the rules of procedure referred to in article 26 . that consultation shall also involve national regulatory authorities and other national authorities , supply and generation undertakings , system users including customers and their representatives , distribution system operators , including relevant industry associations , technical bodies and stakeholder platforms . it shall aim at identifying the views and proposals of all relevant parties during the decision - making process .


### for the purposes of achieving the goals set in paragraphs 1 and 2 of this article , the geographical area covered by each regional cooperation structure may be defined by the commission , taking into account existing regional cooperation structures . each member state shall be allowed to promote cooperation in more than one geographical area . the commission is empowered to adopt delegated acts in accordance with article 63 concerning the geographical area covered by each regional cooperation structure . for that purpose , the commission shall consult the agency and the entso for electricity . ### without prejudice to articles 32 to 44 of this regulation and for the purposes of achieving the goals set in paragraphs 1 and 2 of this article , the geographical area covered by each regional cooperation structure may be defined by the commission , taking into account existing regional cooperation structures . each member state shall be allowed to promote cooperation in more than one geographical area . the commission is empowered to adopt delegated acts in accordance with article 63 concerning the geographical area covered by each regional cooperation structure . for that purpose , the commission shall consult the agency and the entso for electricity .


### by [ op : twelve months after entry into force ] , all transmission system operators shall establish regional operational centres in accordance with the criteria set out in this chapter . regional operational centres shall be established in the territory of one of the member states of the region where it will operate . ### by [ op : twelve months after entry into force ] , all transmission system operators of a system operation region shall submit to the regulatory authorities of the region a proposal for the establishment of regional operational centres in accordance with the criteria set out in this chapter . the proposal shall include at least : &#160 ; the member state where the regional operational centre will be established , which shall be one of the member states of the region where it will operate . the statutes and rules of procedure of regional operational centres ; the cooperative decision - making processes in accordance with article 35 ; the arrangements concerning the liability of regional operational centres in accordance with article 44 .


### regional operational centres shall develop working arrangements to address planning and operational aspects related to the functions to be performed , taking into account , in particular , the specificities and requirements of those functions as specified in annex i . ### with the support of the agency , regional operational centres shall develop working arrangements to address planning and operational aspects related to the functions to be performed , taking into account , in particular , the specificities and requirements of those functions as specified in annex i .


### regional operational centres shall develop a procedure for the revision of decisions and recommendations . ### with the support of the agency , regional operational centres shall develop a procedure for the revision of decisions .


### regional operational centres shall establish a process for the continuous monitoring of at least : ### regional operational centres shall submit to the agency and to the regulatory authorities of the system operation region the data underlying the task they perform and an activity report at least annually . the data and report shall cover at least :


### regional operational centres shall establish their costs in a transparent manner and report them to the agency and to the regulatory authorities of the system operation region . ### regional operational centres shall establish their costs in a transparent manner and report them to the agency and to the regulatory authorities of the system operation region at least annually .


### regional operational centres shall report shortcomings identified in the monitoring process under paragraph 1 to entso for electricity , the regulatory authorities of the system operation region , the agency and the competent authorities of member states responsible for the prevention and management of crisis situations . ### regional operational centres shall report annually shortcomings identified in the monitoring process under paragraph 1 to entso for electricity , the regulatory authorities of the system operation region , the agency and the competent authorities of member states responsible for the prevention and management of crisis situations .


### transmission system operators shall publish relevant data on aggregated forecast and actual demand , on availability and actual use of generation and load assets , on availability and use of the networks and interconnections , and on balancing power and reserve capacity . for availability and actual use of small generation and load units , aggregated estimate data may be used . ### transmission system operators shall publish relevant data on aggregated forecast and actual demand , on availability and actual use of generation and load assets , on availability and use of the networks and interconnections , and on balancing power and reserve capacity . they shall collaborate with national regulatory authorities around the monitoring of demand - side flexibility available in the system , including existing and potential flexibility from generation , demand - side , interconnections , and storage , pursuant to article 58 of [ electricity directive ] . for availability and actual use of small generation and load units , aggregated estimate data may be used .


### having regard to the increasing migratory pressures at the external borders , to the necessity of ensuring a high level of internal security within the union and to safeguard the functioning of the schengen area as well as the overarching principle of solidarity , it is necessary to reinforce the management of the external borders by building on the work of frontex and further develop it into an agency with a shared responsibility for the management of the external borders . ### having regard to the increasing migratory pressures at the external borders , to the high death toll in the mediterranean sea , to the necessity of controlling the borders effectively and thereby contributing to a high level of internal security within the union and to safeguard the functioning of the schengen area as well as the overarching principle of solidarity , it is necessary to reinforce the management of the external borders by building on the work of frontex and further develop it into an agency with a shared responsibility for the management of the external borders including the rescue of persons in distress at sea .


### the tasks of frontex should therefore be expanded and to reflect those changes , it should be renamed european border and coast guard agency . the key role of the european border and coast guard agency should be to establish an operational and technical strategy for the implementation of an integrated border management at union level , to oversee the effective functioning of border control at the external borders , to provide increased operational and technical assistance to member states through joint operations and rapid border interventions , and to ensure the practical execution of measures in case of a situation requiring urgent action at the external borders , as well as to organise , coordinate and conduct return operations and return interventions . ### the tasks of frontex should therefore be expanded and to reflect those changes , it should be renamed european border and coast guard agency . the key role of the european border and coast guard agency should be to establish an operational and technical strategy for the implementation of an integrated border management at union level , to oversee the effective functioning of border control at the external borders , to provide increased operational and technical assistance to member states through joint operations and rapid border interventions , and to ensure the practical execution of measures in case of a situation requiring urgent action at the external borders , including search and rescue operations at sea , as well as to organise , coordinate and conduct return operations and return interventions .


### the european border and coast guard agency should carry out a vulnerability assessment to assess the capacity of the member states to face challenges at their external borders , including by assessing the equipment and resources of member states as well as their contingency plans to address possible crises at the external borders . member states should take corrective action to address any deficiencies identified in that assessment . the executive director , on the advice of a supervisory board created within the european border and coast guard agency , should identify the measures to be taken by the member state concerned and should set a time - limit within which those measures should be taken . that decision should be binding on that member state and where the necessary measures are not taken within the set time - limit , the matter needs to be referred to the management board for a further decision . ### the european border and coast guard agency should carry out a vulnerability assessment , based on objective criteria , to assess the capacity of the member states to face challenges at their external borders and respect for fundamental rights therein , including by assessing the equipment and resources of member states as well as their contingency plans to address possible crises at the external borders , their performance regarding the facilitation of regular border crossing and their ability to save lives and prevent death at sea , the existence of a well - functioning mechanisms for the protection of fundamental rights and the referral of persons who might be in need of international protection . member states should take corrective action to address any deficiencies identified in that assessment . the executive director should identify the measures to be taken . where the necessary measures are not taken , the matter needs to be referred to the management board for a further recommendation .


### at particular areas of the external borders where member states face disproportionate migratory pressures characterised by large influxes of mixed migratory flows , referred to as hotspot areas , the member states should be able to rely on the increased operational and technical reinforcement by the migration management support teams composed of teams of experts deployed from member states by the european border and coast guard agency and the european asylum support office , and from europol or other relevant union agencies , as well as experts from the staff of the european border and coast guard agency . the european border and coast guard agency should assist the commission in the coordination among the different agencies on the ground . ### where member states face disproportionate migratory pressures characterised by large influxes of mixed migratory flows , the member states should be able to rely on the increased operational and technical reinforcement in hotspot areas by the migration management support teams composed of teams of experts deployed from member states by the european border and coast guard agency and the european asylum support office , and from europol or other relevant union agencies , as well as experts from the staff of the european border and coast guard agency . the european border and coast guard agency should assist the commission in the coordination among the different agencies on the ground .


### the european border and coast guard agency should step up its assistance to member states for returning illegally staying third - country nationals , subject to the union return policy and in compliance with directive 2008 / 115 / ec of the european parliament and of the council . 15 in particular , it should coordinate and organise return operations from one or more member states and it should organise and conduct return interventions to reinforce the return system of member states requiring increased technical and operational assistance when complying with their obligation to return illegally staying third - country nationals in accordance with that directive . __________________ 15 directive 2008 / 115 / ec of the european parliament and of the council of 16 december 2008 on common standards and procedures in member states for returning illegally staying third - country nationals . ### the european border and coast guard agency should step up its assistance to member states for returning irregularly staying third - country nationals , subject to the union return policy and in compliance with directive 2008 / 115 / ec of the european parliament and of the council . 15 in particular , it should coordinate and organise return operations from one or more member states to third countries where there is no risks of fundamental rights violations or deficiencies in relevant civil and criminal laws and procedures , and it should organise and conduct return interventions to reinforce the return system of member states requiring increased technical and operational assistance when complying with their obligation to return irregularly staying third - country nationals in accordance with that directive . __________________ 15 directive 2008 / 115 / ec of the european parliament and of the council of 16 december 2008 on common standards and procedures in member states for returning illegally staying third - country nationals .


### the european border and coast guard agency should develop specific training tools and it should provide training at union level for national instructors of border guards and additional training and seminars related to control at external borders and return of third - country nationals illegally staying on the territory of member states for officers of the competent national bodies . the agency should be authorised to organise training activities in cooperation with member states and third countries on their territory . ### the european border and coast guard agency should develop specific training tools and it should provide training at union level for national instructors of border guards and additional training and seminars related to control at external borders and return of third - country nationals illegally staying on the territory of member states for officers of the competent national bodies . while developing training tools and providing trainings , special attention should be given to training on children’s rights . the agency should be authorised to organise training activities in cooperation with member states and third countries on their territory .


### the european border and coast guard agency should monitor and contribute to the developments in research relevant for the control of the external borders , including the use of advanced surveillance technology , and it should disseminate this information to the member states and to the commission . ### the european border and coast guard agency should monitor and contribute to the developments in research relevant for the control of the external borders , including the use of advanced surveillance technology , and it should disseminate this information to the european parliament , the member states and to the commission .


### in order to guarantee the autonomy of the european border and coast guard agency , it should be granted an autonomous budget whose revenue comes essentially from a contribution from the union . the union budgetary procedure should be applicable as far as the union contribution and any other subsidies chargeable to the general budget of the european union are concerned . the auditing of accounts should be undertaken by the court of auditors . ### in order to guarantee the autonomy of the european border and coast guard agency , it should be granted an autonomous budget whose revenue comes essentially from a contribution from the union . the union budgetary procedure should be applicable as far as the union contribution and any other subsidies chargeable to the general budget of the european union are concerned . the auditing of accounts should be undertaken by the court of auditors . the budget adopted by the management board should be balanced in terms of addressing different aspects of the agency ' s activities , including ensuring fundamental rights .


### regulation no 1049 / 2001 of the european parliament and of the council of 30 may 2001 regarding public access to european parliament , council and commission documents 21 should apply to the european border and coast guard agency . __________________ 21 regulation no 1049 / 2001 of the european parliament and of the council of 30 may 2001 regarding public access to european parliament , council and commission documents . ### regulation no 1049 / 2001 of the european parliament and of the council of 30 may 2001 regarding public access to european parliament , council and commission documents 21 should apply to the european border and coast guard agency . the agency should be as transparent as possible about its activities , without jeopardising the attainment of the objective of operations . it should make public all relevant information on all of its activities , and ensure that the public and any interested party are rapidly given information with regard to its work . __________________ 21 regulation no 1049 / 2001 of the european parliament and of the council of 30 may 2001 regarding public access to european parliament , council and commission documents .


### since the objectives of this regulation , namely the development and implementation of a system of integrated management of the external borders , thus also ensuring the proper functioning of the schengen area , cannot be sufficiently achieved by the member states acting in an uncoordinated manner but can rather , because of the absence of controls at internal borders and in view of the significant migratory pressures at the external borders and the need to safeguard a high level of internal security within the union , be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve those objectives . ### since the objectives of this regulation , namely the development and implementation of a system of integrated management of the external borders , thus also ensuring the proper functioning of the schengen area , cannot be sufficiently achieved by the member states acting in an uncoordinated manner but can rather , because of the absence of controls at internal borders and in view of the need to control the borders effectively and thereby contribute to a high level of internal security within the union , be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve those objectives .


### the european border and coast guard agency and the national authorities of member states which are responsible for border management , including coast guards to the extent that they carry out border control tasks , shall constitute the european border and coast guard . ### the european border and coast guard agency and the national authorities of member states which are responsible for border management , including coast guards , to the extent that they carry out tasks referred to in article 4 , shall constitute the european border and coast guard .


### a quality control mechanism to ensure the implementation of union legislation in the area of border management . ### a quality control mechanism to ensure the implementation of union legislation in the area of border management and respect for fundamental rights .


### set up a technical equipment pool to be deployed in joint operations , rapid border interventions and in the framework of migration management support teams , as well as in return operations and return interventions ; ### set up a technical equipment pool to be deployed in joint operations , rapid border interventions , search and rescue operations , and in the framework of migration management support teams , as well as in return operations and return interventions ;


### member states shall report to the agency on that operational cooperation with other member states and / or third countries at the external borders and in the field of return . the executive director of the agency shall inform the management board of the agency on those matters on a regular basis and at least once a year . ### member states shall report to the agency on that operational cooperation with other member states and / or third countries at the external borders and in the field of return . the executive director of the agency shall inform the management board of the agency and the european parliament on those matters on a regular basis and at least once a year .


### the risk analysis prepared by the agency shall cover all aspects relevant to the european integrated border management , in particular border control , return , irregular secondary movements of third - country nationals within the union , the prevention of cross - border crime including facilitation of irregular immigration , trafficking in human being and terrorism , as well as the situation in neighbouring third countries with a view to developing a pre - warning mechanism which analyses the migratory flows towards the union . ### the risk analysis prepared by the agency shall cover all aspects relevant to the european integrated border management , in particular border control , the protection of fundamental rights , return , irregular secondary movements of third - country nationals within the union , the prevention of cross - border crime including migrant smuggling and trafficking in human being , as well as the situation in neighbouring third countries with a view to developing a pre - warning mechanism which analyses the migratory flows towards the union .


### member states may request the agency for assistance in implementing their obligations with regard to the control of the external borders . the agency shall also carry out measures as referred to in article 18 . ### member states may request the agency for assistance in implementing their obligations with regard to the control of the external borders and to the protection and saving of lives of migrants and refugees . the agency shall also carry out measures as referred to in article 18 .


### a description of the tasks and special instructions for the european border and coast guard teams , including on permissible consultation of databases and permissible service weapons , ammunition and equipment in the host member state ; ### a description of the tasks , responsibilities and special instructions for the european border and coast guard teams and for the officers involved in activities of the agency , including on permissible consultation of databases and permissible service weapons , ammunition and equipment in the host member state ;


### where a member state faces disproportionate migratory pressures at particular hotspot areas of its external border characterised by large influxes of mixed migratory flows , that member state may request the operational and technical reinforcement by migration management support teams . that member state shall submit a request for reinforcement and an assessment of its needs to the agency and other relevant union agencies in particular the european asylum support office and europol . ### where a member state faces disproportionate migratory pressures at particular hotspot areas of its external border characterised by large influxes of mixed migratory flows , that member state may request the operational and technical reinforcement by migration management support teams . that member state shall submit a request for reinforcement and an assessment of its needs to the commission , the agency , the european asylum support office and other relevant union agencies in particular europol .


### the agency shall assist the commission in the coordination of the activities of the migration management support teams , in cooperation with the other relevant union agencies . ### the agency shall assist the commission in the coordination of the activities of the migration management support teams , in cooperation with the european asylum support office and other relevant union agencies .


### for the purposes of paragraph 1 , the commission shall provide for one or more of the following measures to be taken by the agency : ### for the purposes of paragraph 1 , the commission shall recommend one or more of the following measures to be taken by the agency :


### the member state concerned shall comply with the commission decision and for that purpose it shall immediately cooperate with the agency and take the necessary action to facilitate the implementation of that decision and the practical execution of the measures set out in that decision and in the operational plan agreed upon with the executive director . ### the member state concerned shall state reasons , if it objects to the implementation of the commission recommendation . if the member state concerned does not object , it shall cooperate with the agency and take the necessary action to facilitate the implementation of the recommendation and the practical execution of the measures set out in that recommendation and in the operational plan agreed upon with the executive director .


### such secondments may be for 12 months or more but in any case it shall not be less than three months . the seconded border guards shall be considered as members of the teams and they shall have the tasks and powers of the members of the teams . the member state having seconded the border guards shall be considered as the home member state . ### such secondments may be for 12 months or more but in any case it shall not be less than three months . the seconded border guards shall be considered as members of the teams and they shall have the tasks and powers of the members of the teams . the member state having seconded the border guards shall be considered as the home member state . the disciplinary procedure of the agency shall also apply to seconded border guards .


### the executive director shall withdraw the financing of a joint operation or a rapid border intervention , or suspend or terminate , in whole or in part , a joint operation or rapid border intervention if he or she considers that there are violations of fundamental rights or international protection obligations that are of a serious nature or are likely to persist . ### the executive director shall withdraw the financing of a joint operation , a rapid border intervention , a pilot project , migration management support teams , a return operation , return intervention or working arrangement or suspend or terminate , in whole or in part , a joint operation , rapid border intervention , a pilot project , migration management support teams , return operation , return intervention or working arrangement if he or she considers that there are violations of fundamental rights or international protection obligations that are of a serious nature or are likely to persist . based on recommendations by the fundamental rights officer , after consulting the consultative forum and other relevant actors , the executive director shall adopt criteria for withdrawing the financing , the suspension or the termination of an activity by the agency . the findings of the fundamental rights officer in the framework of the complaint mechanism shall be taken into account . the fundamental rights officer may recommend the withdrawing the financing , the suspension or the termination of an activity .


### member states shall at least on a monthly basis inform the agency of their planned national return operations , as well as of their needs for assistance or coordination by the agency . the agency shall draw up a rolling operational plan to provide the requesting member states with the necessary operational reinforcement , including technical equipment . the agency may , on its own initiative , include in the rolling operational plan the dates and destinations of return operations it considers necessary , based on a needs assessment . the management board shall decide , on a proposal of the executive director , on the modus operandi of the rolling operational plan . ### member states shall at least on a monthly basis inform the agency of their planned national return operations , as well as of their needs for assistance or coordination by the agency . the agency shall draw up a rolling operational plan to provide the requesting member states with the necessary operational reinforcement , including technical equipment . the agency may include in the rolling operational plan the dates and destinations of return operations the requesting member states considers necessary , based on a needs assessment . the management board shall decide , on a proposal of the executive director , on the modus operandi of the rolling operational plan .


### the agency may provide the necessary assistance and ensure , at the request of the participating member states , or propose on its own initiative , the coordination or the organisation of return operations , for which the means of transport and forced return escorts are made available by a third country of return . the participating member states and the agency shall ensure that the respect of fundamental rights and the proportionate use of means of constraints are guaranteed during the entire removal operation . at least a member state representative and a forced return monitor from the pool established under article 28 shall be present throughout the entire return operation until arrival at the third country of return . ### the agency may provide the necessary assistance and ensure , at the request of the participating member states , the coordination or the organisation of return operations , for which the means of transport are made available by a third country of return . the participating member states and the agency shall ensure that the respect of fundamental rights and the proportionate use of means of constraints are guaranteed during the entire removal operation . at least a member state representative and a forced return monitor from the pool established under article 28 shall be present throughout the entire return operation until arrival at the third country of return .


### the agency shall constitute a pool of return specialists from national competent bodies and from the staff of the agency , who have the skills and expertise required for carrying out return - related activities and who have been trained in accordance with article 35 . those specialists shall be made available to carry out specific tasks , such as identification of particular groups of third - country nationals , the acquisition of travel documents from third countries and facilitation of consular cooperation . ### the agency shall constitute a pool of return specialists from national competent bodies and from the staff of the agency , who have the skills and expertise required for carrying out return - related activities and who have been trained in accordance with article 35 . those specialists shall be made available to carry out specific tasks , such as identification of particular groups of third - country nationals , the acquisition of travel documents from third countries and facilitation of consular cooperation , without disclosing if the third - country national had requested asylum .


### in circumstances where member states are facing a heavy burden when implementing the obligation to return illegally staying third - country nationals in accordance with directive 2008 / 115 / ec , the agency shall , upon request of one or more member states , provide the appropriate technical and operational assistance in the form of a return intervention . such intervention may consist in the deployment of european return intervention teams to the host member states and the organisation of return operations from the host member states . member states shall regularly inform the agency of their needs for technical and operational assistance , and the agency shall draw up a rolling plan for return interventions on this basis . ### in circumstances where member states are facing a heavy burden when implementing the obligation to return irregularly staying third - country nationals in accordance with directive 2008 / 115 / ec , the agency shall , upon request of one or more member states , provide the appropriate technical and operational assistance in the form of a return intervention . such intervention may consist in the deployment of european return intervention teams to the host member states and the organisation of return operations from the host member states . member states shall regularly inform the agency of their needs for technical and operational assistance , and the agency shall draw up a rolling plan for return interventions on this basis . at least a member state representative and a forced return monitor from the pool established under article 28 shall be present throughout the entire return intervention until arrival at the third country of return .


### the operational plan shall be binding on the agency , the host member states and the participating member states , and it shall cover all aspects that are necessary for carrying out the return intervention , in particular the description of the situation , objectives , the start and foreseeable duration of the intervention , geographical coverage and possible deployment to third countries , composition of the european return intervention team , logistics , financial provisions , modalities of cooperation with third countries , other union agencies and bodies , relevant international and non - governmental organisations . any amendment to or adaptation of the operational plan shall require the agreement of the executive director , the host member state and the participating member states . a copy of the amended or adapted operational plan shall be immediately sent by the agency to the member states concerned and the management board . ### the operational plan shall be drafted in accordance with article 15 , shall be binding on the agency , the host member states and the participating member states , and it shall cover all aspects that are necessary for carrying out the return intervention , in particular the description of the situation , objectives , the start and foreseeable duration of the intervention , geographical coverage and possible deployment to third countries , composition , description of the tasks and responsibilities of the european return intervention team , detailed provisions on fundamental rights safeguards , including on proportionate use of force in accordance with article 39 , logistics , financial provisions , modalities of cooperation with third countries , other union agencies and bodies , relevant international and non - governmental organisations . any amendment to or adaptation of the operational plan shall require the agreement of the executive director , the host member state and the participating member states . a copy of the amended or adapted operational plan shall be immediately sent by the agency to the member states concerned and the management board .


### the european border and coast guard shall , in the performance of its tasks , take into account the special needs of children , victims of trafficking in human beings , persons in need of medical assistance , persons in need of international protection , persons in distress at sea and other persons in a particularly vulnerable situation . ### the european border and coast guard shall , in the performance of its tasks , take into account and address the rights and special needs of children , victims of trafficking in human beings , persons in need of medical assistance , persons in need of international protection , persons in distress at sea and other persons in a particularly vulnerable situation .


### the agency shall , in cooperation with the appropriate training entities of the member states , develop specific training tools and provide border guards and other relevant staff who are members of the european border and coast guard teams with advanced training relevant to their tasks and powers . experts from the staff of the agency shall conduct regular exercises with those border guards in accordance with the advanced training and exercise schedule referred to in the annual work programme of the agency . ### the agency shall , in cooperation with the appropriate training entities of the member states , develop specific training tools , including child specific measures when children are involved , and provide border guards and other relevant staff who are members of the european border and coast guard teams with advanced training relevant to their tasks and powers . experts from the staff of the agency shall conduct regular exercises with those border guards in accordance with the advanced training and exercise schedule referred to in the annual work programme of the agency .


### the agency shall establish and further develop common core curricula for the training of border guards and provide training at european level for instructors of the national border guards of member states , including with regard to fundamental rights , access to international protection and relevant maritime law . the agency shall draw up the common core curricula after consulting the consultative forum . member states shall integrate the common core curricula in the training of their national border guards and staff involved in return - related tasks . ### the agency shall establish and further develop common core curricula for the training of border guards and provide training at european level for instructors of the national border guards of member states , including with regard to fundamental rights , access to international protection and relevant maritime law . the agency shall draw up the common core curricula in cooperation with the fundamental rights officer and after consulting the consultative forum . member states shall integrate the common core curricula in the training of their national border guards and staff involved in return - related tasks .


### the agency shall set up and keep centralised records of equipment in a technical equipment pool composed of equipment owned either by the member states or by the agency and equipment co - owned by the member states and the agency for external border control or return purposes . ### the agency shall set up and keep centralised records of equipment in a technical equipment pool composed of equipment owned either by the member states or by the agency and equipment co - owned by the member states and the agency for external border control , search and rescue or return purposes .


### without prejudice to article 47 , the transfer of personal data processed by the agency and the onward transfer by member states to authorities of third countries or third parties of personal data processed in the framework of this regulation shall be prohibited . ### without prejudice to article 47 , the transfer of personal data processed by the agency and the onward transfer by member states to authorities of third countries or third parties , including international organisations , of personal data processed in the framework of this regulation shall be prohibited .


### license plate numbers , telephone numbers or ship identification numbers , which are necessary for investigating and analysing routes and methods used for irregular immigration and cross - border criminal activities . ### license plate numbers , telephone numbers or ship identification numbers , which are linked to the persons referred to in and , and which are necessary for investigating and analysing routes and methods used for irregular immigration and cross - border criminal activities .


### where transmissionto the european asylum support office , europol or eurojust is necessary for use in accordance with their respective mandates and in accordance with article 51 ; ### where transmissionto the european asylum support office is necessary for use in accordance with its respective mandate and in accordance with article 51 ;


### where transmission to the authorities of the relevant member states which are responsible for border control , migration , asylum or law enforcement is necessary for use in accordance with national legislation and national and eu data protection rules ; ### where transmission to the authorities of the relevant member states which are responsible for border control , migration or asylum is necessary for use in accordance with national legislation and national and eu data protection rules ;


### the union institutions , agencies , bodies , offices and international organisations referred to in paragraph 1 , shall use information received by the agency only within the limits of their competences and in compliance with fundamental rights , including data protection requirements . onward transmission or other communication of personal data processed by the agency to other union agencies or bodies shall be subject to specific working arrangements regarding the exchange of personal data and subject to the prior approval of the european data protection supervisor . as regards the handling of classified information , those arrangements shall provide that the union institution , body , office , agency or international organisation concerned shall comply with security rules and standards equivalent to those applied by the agency . ### the union institutions , agencies , bodies and offices referred to in paragraph 1 , shall use information received by the agency only within the limits of their competences and in compliance with fundamental rights , including data protection requirements . onward transmission or other communication of personal data processed by the agency to other union agencies or bodies shall be subject to specific working arrangements regarding the exchange of personal data and subject to the prior approval of the european data protection supervisor . as regards the handling of classified information , those arrangements shall provide that the union institution , body , office or agency concerned shall comply with security rules and standards equivalent to those applied by the agency . any transfer of personal data to other third parties shall be in line with article 44 .


### the modalities of the cooperation on coast guard functions of the european border and coast guard agency with the european fisheries control agency and the european maritime safety agency shall be determined in a working arrangement , in accordance with the financial rules applicable to the agencies . ### the modalities of the cooperation on coast guard functions of the european border and coast guard agency with the european fisheries control agency and the european maritime safety agency shall be determined in a working arrangement , in accordance with the financial rules applicable to the agencies . the agencies shall use information received in the context of their cooperation only within the limits of their legal framework and in compliance with fundamental rights , including data protection requirements .


### in circumstances requiring increased technical and operational assistance , the agency may coordinate operational cooperation between member states and third countries in the field of management of external borders , and it shall have the possibility of carrying out joint operations at the external borders involving one or more member states and a third country neighbouring at least one of those member states , subject to the agreement of that neighbouring third country , including on the territory of that third country . the commission shall be informed of such activities . ### in circumstances requiring increased technical and operational assistance , the agency may coordinate operational cooperation between member states and neighbouring third countries in the field of management of external borders , and it shall have the possibility of carrying out joint operations at the external borders involving one or more member states and a neighbouring third country which shares a land border to at least one of those member states and which ratified and implement in full the european convention on human rights and the 1951 convention relating to the status of refugees and the 1967 protocol thereto , subject to the agreement of that neighbouring third country , including on the territory of that third country . operations shall be carried out on the basis of an operational plan agreed also by the member state bordering the operational area . the participation of member states in joint operations on the territory of third countries shall be on a voluntary basis .


### the agency may also , with the agreement of the member states concerned invite observers from third countries to participate in its activities at the external borders referred to in article 13 , return operations referred to in article 27 , return interventions referred to in article 32 and training referred to in article 35 , to the extent that their presence is in accordance with the objectives of those activities , may contribute to improving cooperation and the exchange of best practices , and does not affect the overall safety of those activities . the participation of those observers may take place only with the agreement of the member states concerned regarding the activities referred to in articles 13 , 27 and 35 and only with the agreement of the host member state regarding those referred to in article 13 and 32 . detailed rules on the participation of observers shall be included in the operational plan . those observers shall receive the appropriate training from the agency prior to their participation . ### the agency may also , with the agreement of the member states concerned invite observers from third countries to participate in its activities at the external borders referred to in article 13 , return operations referred to in article 27 , return interventions referred to in article 32 and training referred to in article 35 , to the extent that their presence is in accordance with the objectives of those activities , may contribute to improving cooperation and the exchange of best practices , and does not affect the overall safety of those activities or the security of the persons to be returned . the participation of those observers may take place only with the agreement of the member states concerned regarding the activities referred to in articles 13 , 27 and 35 and only with the agreement of the host member state regarding those referred to in article 13 and 32 . detailed rules on the participation of observers shall be included in the operational plan . those observers shall receive the appropriate training from the agency prior to their participation .


### the agency may also , with the agreement of the member states concerned invite observers from third countries to participate in its activities at the external borders referred to in article 13 , return operations referred to in article 27 , return interventions referred to in article 32 and training referred to in article 35 , to the extent that their presence is in accordance with the objectives of those activities , may contribute to improving cooperation and the exchange of best practices , and does not affect the overall safety of those activities . the participation of those observers may take place only with the agreement of the member states concerned regarding the activities referred to in articles 13 , 27 and 35 and only with the agreement of the host member state regarding those referred to in article 13 and 32 . detailed rules on the participation of observers shall be included in the operational plan . those observers shall receive the appropriate training from the agency prior to their participation . ### the agency may also , with the agreement of the member states concerned invite observers from third countries to participate in its activities at the external borders referred to in article 13 , return operations referred to in article 27 , return interventions referred to in article 32 and training referred to in article 35 , to the extent that their presence is in accordance with the objectives and operational plans of those activities , may contribute to improving cooperation and the exchange of best practices , and does not affect the overall safety and compliance of fundamental rights of those activities . the participation of those observers may take place only with the agreement of the member states concerned regarding the activities referred to in articles 13 , 27 and 35 and only with the agreement of the host member state regarding those referred to in article 13 and 32 . detailed rules on the participation of observers shall be included in the operational plan . those observers shall receive the appropriate training from the agency prior to their participation .


### the management board shall , by 30 november each year , adopt a programming document containing the agency ' s multiannual programming and annual programming for the following year , based on a draft put forward by the executive director , taking into account the opinion of the commission and , as regards the multiannual programming , after having consulted the european parliament . the management board shall forward that document to the european parliament , the council and the commission . ### the management board shall , by 30 november each year , adopt a programming document containing the agency ' s multiannual programming and annual programming for the following year , based on a draft put forward by the executive director , taking into account the opinion of the commission and after having consulted the european parliament . the management board shall forward that document to the european parliament , the council and the commission without delay .


### to withdraw financing of a joint operation or rapid border intervention or to suspend or terminate such operations in accordance with article 24 ; ### to withdraw financing of a joint operation or rapid border intervention , a pilot project , a migration management support team , a return operation or a return intervention or to suspend or terminate such operations in accordance with article 24 ;


### to evaluate the results of joint operations and rapid border interventions in accordance with article 25 ; ### to evaluate the results of joint operations and rapid border interventions , pilot projects , migration management support teams , return operations , return interventions and operational cooperation with third countries in accordance with article 25 ;


### the consultative forum shall have access to all information concerning the respect for fundamental rights , including by carrying out on spot visits to joint operations or rapid border interventions subject to the agreement of the host member state . ### the consultative forum shall have access to all information concerning the respect for fundamental rights in a timely and effective manner , including by carrying out on spot visits to any joint operation , rapid border intervention , pilot project , migration management support teams , return operation or return intervention , including in third countries .


### any personal data contained in a complaint shall be handled and processed by the agency and the fundamental rights officer in accordance with regulation no 45 / 2001 and by member states in accordance with directive 95 / 46 / ec and council framework decision 2008 / 977 / jha . ### any personal data contained in a complaint shall be handled and processed by the agency and the fundamental rights officer in accordance with regulation no 45 / 2001 and by member states in accordance with directive 95 / 46 / ec and , where the data are processed by competent authorities for the purposes of prevention , investigation , detection or prosecution of criminal offences or the execution of criminal penalties , in accordance with council framework decision 2008 / 977 / jha .


### the agency may communicate on its own initiative in the fields within its mission . it shall make public the consolidated annual activity report referred to in article 61 and ensure in particular that the public and any interested party are rapidly given objective , reliable and easily understandable information with regard to its work . ### the agency shall communicate on its own initiative in the fields within its mission . it shall make public relevant information such as the consolidated annual activity report referred to in article 61 , the annual work programme , the code of conducts , the risk analyses , detailed descriptions of past and current joint operation , rapid border intervention , pilot project , migration management support teams , return operation or return intervention , including in third countries , work arrangements with third countries or other eu agencies and ensure in particular that the public and any interested party are rapidly given objective , detailed , reliable and easily understandable information with regard to its work .


### the commission shall send the evaluation report together with its conclusions on the report , to the european parliament , the council and the management board . the evaluation report and the conclusions on the report shall be made public . ### the commission shall send without delay the evaluation report and its conclusions on the report , to the european parliament , the council and the management board . the evaluation report and the conclusions on the report shall be made public .


### the framework for the screening of foreign direct investment should provide the member states and the commission with the means to address risks to security or public order in a comprehensive manner , and to adapt to changing circumstances , whilst maintaining the necessary flexibility for member states to screen foreign direct investments on grounds of security and public order taking into account their individual situations and national circumstances . ### the framework for the screening of foreign direct investment should provide the member states and the commission with the means to address risks to security , public order , fundamental rights or the protection of key technologies in a comprehensive manner , and to adapt to changing circumstances , whilst maintaining the necessary flexibility for member states to screen foreign direct investments on the grounds of security , public order , fundamental rights or the protection of key technologies taking into account their individual situations and national circumstances .


### in determining whether a foreign direct investment may affect security or public order , member states and the commission should be able to consider all relevant factors , including the effects on critical infrastructure , technologies , including key enabling technologies , and inputs which are essential for security or the maintenance of public order , and the disruption , loss or destruction of which would have a significant impact in a member state or in the union . in that regard , member states and the commission should also be able to take into account whether a foreign investor is controlled directly or indirectly by the government of a third country . ### in determining whether a foreign direct investment may affect security , public order , fundamental rights or the protection of key technologies , member states and the commission should be able to consider all relevant factors , including the effects on critical infrastructure , technologies , including key enabling technologies , and inputs which are essential security , public order , fundamental rights or the protection of key technologies , and the disruption , loss or destruction of which would have a significant impact in a member state or in the union . in that regard , member states and the commission should also be able to take into account whether a foreign investor is controlled directly or indirectly by the government of a third country .


### –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 , critical raw materials , nanotechnologies , biotechnologies , technologies with potential dual use applications , defence , cybersecurity , cyber surveillance and intrusion technology , aerospace and space or nuclear technology ;


### where the commission considers that a foreign direct investment is likely to affect security or public order in one or more member states , it may issue an opinion addressed to the member state in which the foreign direct investment is planned or has been completed . the commission may issue an opinion irrespective of whether other member states have provided comments . ### where the commission considers that a foreign direct investment is likely to affect security , public order , fundamental rights or the protection of key technologies in one or more member states , it may issue an opinion addressed to the member state in which the foreign direct investment is planned . the commission may issue an opinion irrespective of whether other member states have provided comments .


### 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 , public order , fundamental rights or the protection of key technologies the commission may issue an opinion addressed to the member state where the foreign direct investment is planned .


### the products , services and business operations of the foreign investor and of the undertaking in which the foreign direct investment is planned or has been completed ; ### the products , services and business operations of the foreign investor and of the undertaking in which the foreign direct investment is planned ;


### this directive should apply to documents that are made accessible for re - use when public sector bodies license , sell , disseminate , exchange or give out information . to avoid cross - subsidies , re - use should include further use of documents within the organisation itself for activities falling outside the scope of its public tasks . activities falling outside the public task will typically include supply of documents that are produced and charged for exclusively on a commercial basis and in competition with others in the market . ### this directive should apply to documents that are made accessible for re - use when public sector bodies commission the production of , or license , sell , disseminate , exchange or give out information . to avoid cross - subsidies , re - use should include further use of documents within the organisation itself for activities falling outside the scope of its public tasks . activities falling outside the public task will typically include supply of documents that are produced and charged for exclusively on a commercial basis and in competition with others in the market .


### in order to get access to the data opened for re - use by this directive , the use of suitable and well - designed application programming interfaces is needed . an api describes the kind of data can be retrieved , how to do this and the format in which the data will be received . it has different levels of complexity and can mean a simple link to a database to retrieve specific datasets , a web interface , or more complex set - ups . there is general value in re - using and sharing data via a suitable use of apis as this will help developers and start - ups to create new services and products . it is also a crucial ingredient of creating valuable ecosystems around data assets that are often unused . the set - up and use of api needs to be based on several principles : stability , maintenance over lifecycle , uniformity of use and standards , user - friendliness as well as security . for dynamic data , meaning frequently updated data , often in real time , public sector bodies and public undertakings shall make this available for re - use immediately after collection by ways of suitable apis . ### in order to get access to the data opened for re - use by this directive , the use of suitable and well - designed application programming interfaces is needed . an api describes the kind of data can be retrieved , how to do this and the format in which the data will be received . it has different levels of complexity and can mean a simple link to a database to retrieve specific datasets , a structured web interface , or more complex set - ups . there is general value in re - using and sharing data via a suitable use of apis as this will help developers and start - ups to create new services and products . it is also a crucial ingredient of creating valuable ecosystems around data assets that are often unused . the set - up and use of api needs to be based on several principles : stability , reliability , availability , efficiency , maintenance over lifecycle , uniformity of use and standards , user - friendliness as well as security . for dynamic data , meaning frequently updated data , often in real time , public sector bodies and public undertakings should make this available for re - use immediately after collection by ways of suitable apis .


### an eu - wide list of datasets with a particular potential to generate socio - economic benefits together with harmonised re - use conditions constitutes an important enabler of cross - border data applications and services . in the process leading to the establishment of the list , the commission should carry out appropriate consultations , including at expert level . the list should take into account sectoral legislation that already regulates the publication of datasets , as well as the categories indicated in the technical annex of the g8 open data charter and in the commission ' s notice 2014 / c 240 / 01 . ### an eu - wide list of datasets with a particular potential to generate civic or socio - economic benefits together with harmonised re - use conditions constitutes an important enabler of cross - border data applications and services . annex iia provides a list of categories of high value datasets which could be amended by a delegated act . the additional categories for the list should take into account sectoral legislation that already regulates the publication of datasets , as well as the categories indicated in the technical annex of the g8 open data charter and in the commission ' s notice 2014 / c 240 / 01 . in the process leading to the identification of additional categories or datasets for the list , the commission should carry out an impact assessment and appropriate public consultations , including at expert level . for the purposes of the impact assessment , the commission should carry out public consultations with all interested parties , including competent bodies holding public sector information , users and re - users , applicants for the use and re - use , civil society groups and representative organisations . all interested parties should be given the possibility to submit suggestions to the commission for additional categories of high value datasets or concrete datasets . the commission should take these into account , or provide the interested party concerned with reasons for not taking into account the suggestion .


### the right for the maker of a database provided for in article 7 of directive 96 / 9 / ec shall not be exercised by public sector bodies in order to prevent or restrict the re - use of documents pursuant to this directive . ### the right for the maker of a database provided for in article 7 of directive 96 / 9 / ec shall not be exercised in order to prevent or restrict the re - use of documents pursuant to this directive .


### this directive governs the re - use of existing documents held by public sector bodies of the member states , including documents to which directive 2007 / 2 / ec of the european parliament and of the council46 applies . _________________ 46 directive 2007 / 2 / ec of the european parliament and of the council of 14 march 2007 establishing an infrastructure for spatial information in the european community . ### this directive governs the re - use of existing documents held by public sector bodies and public undertakings of the member states , including documents to which directive 2007 / 2 / ec of the european parliament and of the council46 applies . _________________ 46 directive 2007 / 2 / ec of the european parliament and of the council of 14 march 2007 establishing an infrastructure for spatial information in the european community .


### ' high value datasets ' means documents the re - use of which is associated with important socio - economic benefits , notably because of their suitability for the creation of value - added services and applications , and the number of potential beneficiaries of the value - added services and applications based on these datasets ; ### ' high value datasets ' means documents the re - use of which is associated with important civic or socio - economic benefits , notably because of their suitability for the creation of value - added services and applications , and the number of potential beneficiaries of the value - added services and applications based on these datasets ;


### public sector bodies that are required to generate revenue to cover a substantial part of their costs relating to the performance of their public tasks ; ### public sector bodies whose revenues through individual licencing agreements cover at least 70% of their costs relating to the performance of their public tasks ;


### with a view to achieving the objectives of this directive , the commission shall adopt the list of high value datasets among the documents to which this directive applies , together with the modalities of their publication and re - use . ### member states shall ensure that the high value datasets , listed in annex iia are available for free , machine - readable and accessible for download , and , where appropriate , via apis . the conditions for re - use shall be compatible with open standard licences . the commission shall be empowered to adopt delegated acts in accordance with article 14 in order to extend the list of categories of high value datasets in annex iia and in particular to further specify the high value datasets among the documents to which this directive applies , together with the modalities of their publication and re - use .


### by way of exception , the free availability referred to in paragraph 2 shall not apply to high - value datasets of public undertakings if the impact assessment referred to in article 13 shows that making the datasets available for free will lead to a considerable distortion of competition in the respective markets . ### by way of exception , the free availability referred to in paragraph 1 shall not apply to high value datasets of public undertakings if the impact assessment referred to in article 13 shows that making the datasets available for free will lead to a considerable distortion of competition in the respective markets . moreover , if no less restrictive approach to mitigating such distortion is available , charges shall be calculated without prejudice to article 6 .


### the selection of datasets for the list referred to in paragraph 1 shall be based on the assessment of their potential to generate socio - economic benefits , the number of users and the revenues they may help generate , and their potential for being combined with other datasets . ### the selection of additional categories of high value datasets for the list referred to in paragraph 1 shall be based on the assessment of their potential to generate civic or socio - economic benefits , the number of users and the revenues they may help generate , and their potential for being combined with other datasets .


### this regulation shall enter into force on the twentieth day following that of its publication in the official journal of the european union . ### this regulation shall enter into force on the day following that of its publication in the official journal of the european union .


### this regulation should apply to all confiscation orders imposed by a court following proceedings in relation to a criminal offence and all freezing orders issued with a view to possible subsequent confiscation . it should therefore cover all types of orders covered by directive 2014 / 42 / eu , as well as other types of orders issued without final conviction within the framework of criminal proceedings . this regulation should not apply to freezing and confiscation orders issued within the framework of civil or administrative procedings . ### this regulation should apply to all confiscation orders imposed by a court or by a competent authority following proceedings in relation to criminal activities and all freezing orders issued with a view to possible subsequent confiscation . it should therefore cover all types of orders covered by directive 2014 / 42 / eu , as well as other types of orders issued without final conviction within the framework of criminal proceedings . this regulation should not apply to freezing and confiscation orders issued within the framework of civil proceedings or administrative proceedings not related to criminal activities .


### this regulation should cover confiscation and freezing orders related to offences covered by directive 2014 / 42 / eu , as well as orders related to other offences . the offences should therefore not be limited to the areas of particularly serious crime with a cross - border dimension , as article 82 tfeu does not require such limitation for measures laying down rules and procedures for ensuring mutual recognition of judgments in criminal matters . ### this regulation should cover confiscation and freezing orders related to offences covered by directive 2014 / 42 / eu , as well as orders related to other offences . the offences should therefore not be limited to the areas of particularly serious crimes with a cross - border dimension , as article 82 tfeu does not require such limitation for measures laying down rules and procedures for ensuring mutual recognition of judgments in criminal matters . tax fraud , aggravated tax fraud and tax evasion , for example , constitute particularly important cross - border offences which should be included in the list of offences covered by this regulation . however , given that in certain member states such offences are not punishable by a custodial sentence of a maximum of at least three years , the maximum custodial sentence should be lowered to two years for those specific offences .


### if , in a case referred to in article 3 , the conduct on which the confiscation order is based does not constitute an offence under the law of the executing state ; however , in relation to taxes or duties , customs and exchange , execution of the confiscation order shall not be refused on the ground that the law of the executing state does not impose the same kind of tax or duty or does not contain the same type of rules as regards taxes , duties and customs and exchange regulations as the law of the issuing state ; ### if , in a case referred to in article 3 , the conduct on which the confiscation order is based does not constitute an offence under the law of the executing state ; however , in relation to taxes or duties , customs and exchange , execution of the confiscation order shall not be refused on the ground that the law of the executing state does not impose the same kind of tax or duty or does not contain the same type of rules or offences as regards taxes , duties and customs and exchange regulations as the law of the issuing state ;


### in the cases referred to in paragraph 1 , before deciding not to recognise and execute the confiscation order , either in whole or in part , the executing authority shall consult the issuing authority by any appropriate means and shall , where appropriate , request the issuing authority to supply any necessary information without delay . ### in the cases referred to in paragraph 1 , before deciding not to recognise and execute the confiscation order , either in whole or in part , the executing authority shall consult the issuing authority by any appropriate means capable of producing a written record and shall , where appropriate , request the issuing authority to supply any necessary information without delay .


### the european search portal should be established to facilitate technically the ability of member state authorities and eu bodies to have fast , seamless , efficient , systematic and controlled access to the eu information systems , the europol data and the interpol databases needed to perform their tasks , in accordance with their access rights , and to support the objectives of the ees , the vis , the [ etias ] , eurodac , the sis , the [ ecris - tcn system ] and the europol data . enabling the simultaneous querying of all relevant eu information systems in parallel , as well as of the europol data and the interpol databases , the esp should act as a single window or ‘ message broker’ to search various central systems and retrieve the necessary information seamlessly and in full respect of the access control and data protection requirements of the underlying systems . ### the european search portal should be established to facilitate technically the access of member state authorities and eu bodies , in specific cases and under specific conditions , to the eu information systems , the europol data and the interpol databases needed to perform their tasks , in accordance with their access rights , and to support the objectives and purposes of the ees , the vis , the [ etias ] , eurodac , the sis , the [ ecris - tcn system ] and the europol data . enabling the simultaneous querying of all relevant eu information systems in parallel , as well as of the europol data and the interpol databases , the esp should act as a single window or ‘ message broker’ to search various central systems and retrieve the necessary information seamlessly and in full respect of the access control and data protection requirements of the underlying systems .


### this regulation , together with [ regulation 2018 / xx on interoperability borders and visa ] , establishes a framework to ensure the interoperability between the entry / exit system , the visa information system , [ the european travel information and authorisation system ] , eurodac , the schengen information system , and [ the european criminal records information system for third - country nationals ] in order for those systems and data to supplement each other . ### this regulation , together with [ regulation 2018 / xx on accessibility borders and visa ] , establishes a framework to ensure the better accessibility of the entry / exit system , the visa information system , [ the european travel information and authorisation system ] , eurodac , the schengen information system , and [ the european criminal records information system for third - country nationals ] in order to search for persons in specific cases and under specific conditions based on their identity data or their fingerprint data .


### this regulation also lays down provisions on data quality requirements , on a universal message format , on a central repository for reporting and statistics and lays down the responsibilities of the member states and of the european agency for the operational management of large - scale it systems in the area of freedom , security and justice , with respect to the design and operation of the interoperability components . ### this regulation also lays down provisions on data quality requirements , on a universal message format and lays down the responsibilities of the member states and of the european agency for the operational management of large - scale it systems in the area of freedom , security and justice , with respect to the design , development and operation of the accessibility components .


### improving and harmonising data quality requirements of the respective eu information systems ; ### improving and harmonising data quality requirements of the respective eu information systems while respecting the data processing requirements of the legal bases of the individual systems , data protection standards and principles ;


### strengthening and simplifying and making more uniform the data security and data protection conditions that govern the respective eu information systems ; ### strengthening and making more uniform the data security and data protection conditions that govern the respective eu information systems without prejudice to the special protection and safeguards afforded to certain categories of data ;


### ‘ eu information systems’ means the large - scale it systems managed by eu - lisa ; ### ‘ union information systems’ means the ees , vis , [ etias ] , eurodac , sis and [ ecris - tcn ] operationally managed by eu - lisa ;


### the eu information systems and the europol data queried ; ### the eu information systems and the europol and interpol data queried ;


### the logs may be used only for data protection monitoring , including checking the admissibility of a query and the lawfulness of data processing , and for ensuring data security pursuant to article 42 . those logs shall be protected by appropriate measures against unauthorised access and erased one year after their creation , unless they are required for monitoring procedures that have already begun . ### the logs may be used only for data protection monitoring , including checking the admissibility of a query and the lawfulness of data processing , and for ensuring data security pursuant to article 42 . those logs shall be protected by appropriate measures against unauthorised access and erased five years after their creation , unless they are required for monitoring procedures that have already begun . the european data protection supervisor shall perform an audit of these logs at least every two years and publish a report about the audit .


### the logs may be used only for data protection monitoring , including checking the admissibility of a query and the lawfulness of data processing , and for ensuring data security pursuant to article 42 . those logs shall be protected by appropriate measures against unauthorised access and erased one year after their creation , unless they are required for monitoring procedures that have already begun . the logs referred to in paragraph 1 shall be erased once the data is erased . ### the logs may be used only for data protection monitoring , including checking the admissibility of a query and the lawfulness of data processing , and for ensuring data security pursuant to article 42 . those logs shall be made available to the competent supervisory authority on request . they shall be protected by appropriate measures against unauthorised access and erased five years after their creation , unless they are required for monitoring procedures that have already begun . the european data protection supervisor shall perform an audit of these logs at least every two years and publish a report about the audit .


### data stored in the shared biometric matching service ### data accessed by the shared biometric matching service


### the shared bms shall store the biometric templates that it shall obtain from the following biometric data : ### the shared bms shall , for each query , access the following biometric data :


### eu - lisa shall provide regular reports on the automated data quality control mechanisms and procedures and the common data quality indicators to the member states . eu - lisa shall also provide a regular report to the commission covering the issues encountered and the member states concerned . ### eu - lisa shall provide regular reports on the automated data quality control mechanisms and procedures and the common data quality indicators to the member states . eu - lisa shall also provide a regular report to the commission , the council , the european parliament , the european data protection supervisor , the european data protection board and the fundamental rights agency , covering the issues encountered and the member states concerned . no reports provided under this paragraph shall contain any personal data .


### one year after the establishment of the automated data quality control mechanisms and procedures and common data quality indicators and every year thereafter , the commission shall evaluate member state implementation of data quality and shall make any necessary recommendations . the member states shall provide the commission with an action plan to remedy any deficiencies identified in the evaluation report and shall report on any progress against this action plan until it is fully implemented . the commission shall transmit the evaluation report to the european parliament , to the council , to the european data protection supervisor and to the european union agency for fundamental rights established by council regulation no 168 / 2007 . 63 _________________ 63 council regulation no 168 / 2007 of 15 february 2007 establishing a european union agency for fundamental rights . ### one year after the establishment of the automated data quality control mechanisms and procedures and common data quality indicators and every year thereafter , the commission shall evaluate member state implementation of data quality and shall make any necessary recommendations . the member states shall provide the commission with an action plan to remedy any deficiencies identified in the evaluation report and shall report on any progress against this action plan until it is fully implemented . the commission shall transmit the evaluation report to the european parliament , to the council , to the european data protection supervisor , the european data protection board and to the european union agency for fundamental rights established by council regulation no 168 / 2007 . 63 _________________ 63 council regulation no 168 / 2007 of 15 february 2007 establishing a european union agency for fundamental rights .


### in relation to the processing of data in the shared biometric matching service , the member state authorities that are controllers for the eurodac , sis and [ the ecris - tcn system ] respectively , shall also be considered as controllers in accordance with article 4 of regulation 2016 / 679 in relation to the biometric templates obtained from the data referred to in article 13 that they enter into respective systems and shall have responsibility for the processing of the biometric templates in the shared bms . ### in relation to the processing of data in the shared biometric matching service , the member state authorities that are controllers for the eurodac , sis and [ the ecris - tcn system ] respectively , shall also be considered as controllers in accordance with article 4 of regulation 2016 / 679 or article 3 of directive 2016 / 680 in relation to the biometric templates obtained from the data referred to in article 13 that they enter into respective systems and shall have responsibility for the processing of the biometric templates in the shared bms .


### each member state shall apply its rules of professional secrecy or other equivalent duties of confidentiality to all persons and bodies required to work with sis data accessed through any of the interoperability components in accordance with its national law . that obligation shall also apply after those persons leave office or employment or after the termination of the activities of those bodies . ### each member state shall apply its rules of professional secrecy or other equivalent duties of confidentiality to all persons and bodies allowed to work with sis data accessed through any of the interoperability components in accordance with its national law . that obligation shall also apply after those persons leave office or employment or after the termination of the activities of those bodies .


### any event that has or may have an impact on the security of the interoperability components and may cause damage to or loss of data stored in them shall be considered to be a security incident , in particular where unauthorised access to data may have occurred or where the availability , integrity and confidentiality of data has or may have been compromised . ### any event that has or may have an impact on the security of the interoperability components and may cause unauthorised access to , damage to or loss of data stored in them shall be considered to be a security incident , in particular where unauthorised access to data may have occurred or where the availability , integrity and confidentiality of data has or may have been compromised .


### without prejudice to the notification and communication of a personal data breach pursuant to article 33 of regulation 2016 / 679 , article 30 of directive 2016 / 680 , or both , member states shall notify the commission , eu - lisa and the european data protection supervisor of security incidents . in the event of a security incident in relation to the central infrastructure of the interoperability components , eu - lisa shall notify the commission and the european data protection supervisor . ### without prejudice to the notification and communication of a personal data breach pursuant to article 33 of regulation 2016 / 679 , article 30 of directive 2016 / 680 , or both , member states shall notify the commission , eu - lisa and the european data protection supervisor of security incidents . without prejudice to article 35 of regulation 45 / 2001 [ or article 37 of regulation xx / 2018 of the european parliament and of the council on the protection of individuals with regard to the processing of personal data by the union institutions , bodies , offices and agencies and on the free movement of such data , and repealing regulation no 45 / 2001 and decision no 1247 / 2002 / ec ] and article 34 of regulation 2016 / 794 , [ the etias central unit ] and europol shall notify the commission , eu - lisa and the european data protection supervisor of any security incident . in the event of a security incident in relation to the central infrastructure of the accessibility components , eu - lisa shall notify the commission and the european data protection supervisor .


### member states and the relevant eu bodies shall ensure that each authority entitled to access the interoperability components takes the measures necessary to monitor its compliance with this regulation and cooperates , where necessary , with the supervisory authority . ### member states and the relevant eu bodies shall ensure that each authority entitled to access the accessibility components takes the measures necessary to monitor its compliance with this regulation and cooperates , where necessary , with the competent supervisory authority .


### the supervisory authority or authorities designated pursuant to article 49 of regulation 2016 / 679 shall ensure that an audit of the data processing operations by the responsible national authorities is carried out in accordance with relevant international auditing standards at least every four years . ### the supervisory authority or authorities designated pursuant to article 49 of regulation 2016 / 679 shall ensure that an audit of the data processing operations by the responsible national authorities is carried out in accordance with relevant international auditing standards at least every two years .


### the european data protection supervisor shall ensure that an audit of eu - lisa’s personal data processing activities is carried out in accordance with relevant international auditing standards at least every four years . a report of that audit shall be sent to the european parliament , the council , eu - lisa , the commission and the member states . eu - lisa shall be given an opportunity to make comments before the reports are adopted . ### the european data protection supervisor shall ensure that an audit of eu - lisa’s personal data processing activities is carried out in accordance with relevant international auditing standards at least every two years . a report of that audit shall be sent to the european parliament , the council , eu - lisa , the commission and the member states . eu - lisa shall be given an opportunity to make comments before the reports are adopted .


### eu - lisa shall be responsible for the development of the interoperability components , for any adaptations required for establishing interoperability between the central systems of the ees , vis , [ etias ] , sis , and eurodac , and [ the ecris - tcn system ] , and the european search portal , the shared biometric matching service , the common identity repository and the multiple - identity detector . ### eu - lisa shall be responsible for the development of the accessibility components , for any adaptations required for establishing accessibility of the central systems of the ees , vis , [ etias ] , sis , and eurodac , and [ the ecris - tcn system ] , and the european search portal and the shared biometric matching service .


### this regulation applies to all commercial fishing and aquaculture activities conducted by eu fishing vessels and nationals of member states in the gfcm agreement area . ### in article 2 , the first subparagraph is replaced by the following : ‘ 1 . this regulation applies to all commercial fishing and aquaculture activities , as well as recreational fishing activities where specifically provided for in this regulation , conducted by eu fishing vessels and nationals of member states in the gfcm agreement area . ’


### –36° 59 , 344′ n , 15° 26 , 062′ e ### –35° 59 , 344′ n , 15° 26 , 062′ e


### –36° 59 , 344′ n , 15° 13 , 338′ e . ### –35° 59 , 344′ n , 15° 13 , 338′ e .


### –36° 58 , 342′ n , 15° 27 , 294′ e ### –35° 58 , 342′ n , 15° 27 , 294′ e


### –36° 58 , 342′ n , 15° 12 , 106′ e ### –35° 58 , 342′ n , 15° 12 , 106′ e


### within the period from april to june every year , each member state concerned shall establish a closure period of at least two months in the black sea . ### each member state concerned shall establish a closure period of at least two months during the spawning season of turbot , from april to june every year .