### in order to reduce to the minimum the administrative burden and costs , a specific procedure should be introduced for small consignments of counterfeit and pirated goods , which would allow for goods to be destroyed without the agreement of the right - holder . in order to establish the thresholds under which consignments are to be considered as small consignments , this regulation should delegate to the commission the power to adopt non - legislative acts of general application in accordance with article 290 of the treaty on the functioning of the european union . it is of importance that the commission carries out appropriate consultations during its preparatory work , including at expert level . ### in order to reduce to the minimum the administrative burden and costs , without prejudice to the end consumer ' s right to be duly informed within a reasonable time of the legal basis of the actions taken by the customs authorities , a specific procedure should be introduced for small consignments of counterfeit and pirated goods , which would allow for goods to be destroyed without the agreement of the right - holder . in order to establish the thresholds under which consignments are to be considered as small consignments , this regulation should delegate to the commission the power to adopt non - legislative acts of general application in accordance with article 290 of the treaty on the functioning of the european union . it is of importance that the commission carries out appropriate and public consultations during its preparatory work , including with consumer and civil rights organisations and at expert level .


### for further legal clarity and in order to protect the interests of legitimate traders from possible abuse of the border enforcement provisions , it is appropriate to modify the timelines for detaining goods suspected of infringing an intellectual property right , the conditions in which information about consignments is to be passed on to right - holders by customs authorities , the conditions for applying the procedure allowing for destruction of the goods under customs control for suspected infringements of intellectual property rights other than for counterfeit and pirated goods and to introduce a provision allowing the holder of the goods to express his / her views before the customs administration takes a decision which would adversely affect him / her . ### for further legal clarity and in order to protect the interests of legitimate traders from possible abuse of the border enforcement provisions , it is appropriate to modify the timelines for detaining goods suspected of infringing a relevant intellectual property right , the conditions in which information about consignments is to be passed on to right - holders by customs authorities , the conditions for applying the procedure allowing for destruction of the goods under customs control .


### under the ‘ declaration on the trips agreement and public health’ adopted by the doha wto ministerial conference on 14 november 2001 , the trips agreement can and should be interpreted and implemented in a manner supportive of wto members ' right to protect public health and , in particular , to promote access to medicines for all . in particular with regard to medicines the passage of which across this territory of the european union , with or without transshipment , warehousing , breaking bulk , or changes in the mode or means of transport , is only a portion of a complete journey beginning and terminating beyond the territory of the union , customs authorities should , when assessing a risk of infringement of intellectual property rights , take account of any substantial likelihood of diversion of these goods onto the market of the union . ### under the ' declaration on the trips agreement and public health ' adopted by the doha wto ministerial conference on 14 november 2001 , the trips agreement can and should be interpreted and implemented in a manner supportive of wto members ' right to protect public health and , in particular , to promote access to medicines for all . in particular with regard to medicines the passage of which across this territory of the european union , with or without transshipment , warehousing , breaking bulk , or changes in the mode or means of transport , is only a portion of a complete journey beginning and terminating beyond the territory of the union , customs authorities should ensure that any measures taken by them are in line with the union ' s international commitments . in particular , no detention of generic medicines should be allowed in the absence of clear and convincing evidence of imminent , intended entry onto the market of the union , meaning intended sale to and consumption by union residents .


### intellectual property collective rights management bodies which are regularly recognised as having a right to represent holders of copyrights or related rights ; ### intellectual property collective rights management bodies which are lawfully representing holders of copyrights or related rights ;


### professional defence bodies which are regularly recognised as having a right to represent holders of intellectual property rights ; ### professional defence bodies which are lawfully representing holders of intellectual property rights ;


### the holder of the decision granting the application shall notify the competent customs department that adopted that decision of any of the following : ### the holder of the decision granting the application shall notify within five working days the competent customs department that adopted that decision of any of the following :


### – to raise union citizens ' awareness of their right to move and reside freely within the european union and more generally the rights guaranteed to union citizens in cross - border situations , including their right to participate in the democratic life of the union ; ### – to raise union citizens ' awareness of their right to move and reside freely within the european union and more generally the rights guaranteed to union citizens and permanent residents , including their right to participate in the democratic life of the union ;


### – to stimulate a debate about the impact and potential of the right to free movement , as an inalienable aspect of union citizenship , in particular in terms of strengthening societal cohesion and mutual understanding between union citizens and the bond between citizens and the union . ### – to stimulate a debate about the impact and potential of the union citizenship , in particular in terms of strengthening societal cohesion and mutual understanding between union citizens and the bond between citizens , permanent residents and the union .


### the rules concerning the management of intellectual property rights are defined in the rules for participation . ### the rules concerning the dissemination of results via licensing and open access are defined in the rules for participation .


### stakeholder forum means a meeting open to representatives of national and regional authorities , organized interests and individual entities from business , higher education , and research , cluster organisations , as well as other interested parties from across the knowledge triangle . ### stakeholder forum means a meeting open to representatives of national and regional authorities , organized interests and individual entities from business , higher education , and research , cluster organisations , as well as other interested parties from civil society and from across the knowledge triangle .


### convene , at least once a year , the stakeholders forum to inform about the activities of the eit , its experiences , good practices and contribution to union innovation , research and education policies and objectives . stakeholders shall be invited to express their views . ### convene , at least once a year , the stakeholders forum to inform about the activities of the eit , its experiences , good practices and contribution to union innovation , research and education policies and objectives . all stakeholders shall be invited to express their views .


### the majority of the partner organisations forming a kic shall be established in the member states . at least one higher education institution and one private company shall be part of each kic . ### the majority of the partner organisations forming a kic shall be established in the member states . each kic shall be constituted by at least one higher education institution and one private entity .


### governing food and food safety , at any stage of production , the processing and distribution of food , including rules aimed at guaranteeing fair practices in trade and protecting consumer interests and information , and the manufacture and use of materials and articles intended to come into contact with food ; ### governing food , food safety and food quality , at any stage of production , the processing and distribution of food , including rules aimed at guaranteeing fair practices in trade and protecting consumer interests and information , and the manufacture and use of materials and articles intended to come into contact with food ;


### to the extent strictly necessary for the organisation of the official controls , member states of destination may require operators who have animals or goods delivered to them from another member state to report the arrival of such animals or goods . ### to the extent necessary for the organisation of the official controls , member states of destination may require operators who have animals or goods delivered to them from another member state to report the arrival of such animals or goods .


### official controls shall include the following , as appropriate : ### official controls shall include the following :


### official controls , by or under the responsibility of an official veterinarian , in slaughterhouses , cutting plants and game handling establishments , to verify compliance with the requirements applicable to : ### official controls , by an official veterinarian , in slaughterhouses , cutting and processing plants and game handling establishments , to verify compliance with the requirements applicable to :


### the hygiene of meat production ; ### the safety and hygiene of meat production ;


### the commission shall be empowered to adopt delegated acts in accordance with article 139 concerning specific rules for the performance of official controls on products of animal origin intended for human consumption and on animals intended for the production of such products to verify compliance with the rules referred to in points , , and of article 1 applicable to those products and animals , and on action to be taken by the competent authorities following official controls . those delegated acts shall lay down rules on : ### the commission shall be empowered to adopt legislative proposals concerning specific rules for the performance of official controls on products of animal origin intended for human consumption and on animals intended for the production of such products to verify compliance with the rules referred to in points , , and of article 1 applicable to those products and animals , and on action to be taken by the competent authorities following official controls . those legislative proposals shall lay down rules on :


### the commission shall take into account the following when adopting delegated acts as provided for in paragraph 2 : ### the commission shall take into account the following when adopting legislative proposals as provided for in paragraph 2 :


### insofar as this does not prevent the achievement of the objectives of human health and animal health pursued by the rules referred to in points , , and of article 1 , applicable to products of animal origin intended for human consumption and to animals intended for the production of such products , the commission shall also take into account the following elements , when adopting delegated acts as provided for in paragraph 2 : ### insofar as this does not prevent the achievement of the objectives of human health and animal health pursued by the rules referred to in points , , and of article 1 , applicable to products of animal origin intended for human consumption and to animals intended for the production of such products , the commission shall also take into account the following elements , when adopting legislative proposals as provided for in paragraph 2 :


### the commission shall be empowered to adopt delegated acts in accordance with article 139 concerning rules for the performance of official controls on animals , on products of animal origin , on germinal products , on animal by - products and on derived products to verify compliance with the union rules referred to in points and of article 1 and on action to be taken by the competent authorities following official controls . those delegated acts shall take account of animal health risks related to animals , products of animal origin and germinal products , and of human and animal health risks related to animal by - products and derived products , and lay down rules on : ### the commission shall be empowered to adopt legislative proposals concerning rules for the performance of official controls on animals , on products of animal origin , on germinal products , on animal by - products and on derived products to verify compliance with the union rules referred to in points and of article 1 and on action to be taken by the competent authorities following official controls . those legislative proposal shall take account of animal health risks related to animals , products of animal origin and germinal products , and of human and animal health risks related to animal by - products and derived products , and lay down rules on :


### the commission shall be empowered to adopt delegated acts in accordance with article 139 concerning rules for the performance of official controls to verify compliance with union rules referred to in point of article 1 . those delegated acts shall take into account the animal welfare risk related to the farming activities and to the transport , slaughter and killing of animals , and shall lay down rules on : ### the commission shall be empowered to adopt legislative proposals concerning rules for the performance of official controls to verify compliance with union rules referred to in point of article 1 . those legislative proposals shall take into account the animal welfare risk related to the farming activities and to the transport , slaughter and killing of animals , and shall lay down rules on :


### the commission shall be empowered to adopt delegated acts in accordance with article 139 concerning rules for the performance of official controls on gmos and genetically modified food and feed performed to verify compliance with the rules referred to in points , and of article 1 and on action to be taken by the competent authorities following such official controls . those delegated acts shall take into account the need to ensure a minimum level of official controls to prevent practices in violation with those rules , and lay down rules on : ### the commission shall be empowered to adopt legislative proposals concerning rules for the performance of official controls on gmos and genetically modified food and feed performed to verify compliance with the rules referred to in points , and of article 1 and on action to be taken by the competent authorities following such official controls . those legislative proposals shall take into account the need to ensure a minimum level of official controls to prevent practices in violation with those rules , and lay down rules on :


### the cultivation of gmos and the correct application of the monitoring plan referred to in point of article 13 of directive 2001 / 18 / ec and in articles 5 and 17 of regulation 1829 / 2003 ; ### the cultivation of gmos and the correct application of the monitoring plan referred to in point of article 13 of directive 2001 / 18 / ec and in articles 5 and 17 of regulation 1829 / 2003 , including minimum measures for monitoring and surveillance of potential effects on health , animal health and the environment ;


### the commission shall be empowered to adopt delegated acts in accordance with article 139 concerning rules for the performance of official controls to verify compliance with the rules referred to in article 1 . ### the commission shall be empowered to adopt legislative proposals concerning rules for the performance of official controls to verify compliance with the rules referred to in article 1 .


### those delegated acts shall take into account the risks that plant protection products may represent for human health , animal health or the environment , and shall lay down rules on : ### those legislative proposals shall take into account the risks that plant protection products may represent for human health , animal health or the environment , and shall lay down rules on :


### in relation to the rules referred to in point of article 1 , the delegated acts referred to in paragraph 1 shall lay down rules on : ### the commission shall be empowered to adopt delegated acts , in accordance with article 27 of regulation no 834 / 2007 , to verify compliance with the rules referred to in point of article 1 and on action to be taken by the competent authorities following such official controls . those delegated acts shall lay down rules on :


### where appropriate , the delegated acts referred to in paragraphs 2 and 3 shall derogate from the provisions of this regulation referred to in those paragraphs . ### where appropriate , the delegated acts referred to in paragraph 2 shall derogate from the provisions of this regulation referred to in those paragraphs .


### the commission shall be empowered to adopt delegated acts in accordance with article 139 concerning specific rules on official controls performed on certain categories of food or feed to verify compliance with the rules referred to in points to of article 1 and on action to be taken by the competent authorities following such official controls . those delegated acts shall address newly identified risks which may be posed through food or feed to human or animal health or , in relation to gmos and plant protection products to the environment , or any such risks emerging from new patterns of production or consumption of food or feed , or which cannot be effectively addressed in the absence of common specifications for the official controls and for the action to be taken by the competent authorities following such official controls , and shall lay down rules on : ### the commission shall be empowered to adopt legislative proposals concerning specific rules on official controls performed on certain categories of food or feed to verify compliance with the rules referred to in points to of article 1 and on action to be taken by the competent authorities following such official controls . those legislative proposals shall address newly identified risks which may be posed through food or feed to human or animal health or , in relation to gmos and plant protection products to the environment , or any such risks emerging from new patterns of production or consumption of food or feed , or which cannot be effectively addressed in the absence of common specifications for the official controls and for the action to be taken by the competent authorities following such official controls , and shall lay down rules on :


### organise audits or inspections of such bodies or persons as necessary ; ### organise periodical and unannounced audits or inspections of such bodies or persons ;


### where the competent authorities have reasons to suspect fraudulent behaviour by an operator or official controls give grounds to believe that the rules referred to in article 1 have been seriously or repeatedly infringed , they shall , where appropriate , and in addition to the measures provided for in article 64 , intensify official controls on consignments with the same origin or use as appropriate . ### where the competent authorities have reasons to suspect fraudulent behaviour by an operator or official controls give grounds to believe that the rules referred to in article 1 have been seriously or repeatedly infringed , they shall , in addition to the measures provided for in article 64 , intensify official controls on consignments with the same origin or use .


### the official controls referred to in point of that paragraph shall not include official controls performed to verify compliance with temporary restrictions , requirements or other disease control measures adopted by the competent authorities in accordance with articles 55 , 56 , 61 , 62 , 64 , 65 , 68 and 69 , and rules adopted pursuant to articles 55 , 63 , 67 and 68 of regulation no xxx / xxxx [ office of publications , please insert number of the regulation on animal health ] and article 16 of regulation no xxx / xxxx [ office of publications , please insert number of the regulation on protective measures against pests of plants ] ; ### the official controls referred to in point of that paragraph shall not include official controls performed to verify compliance with temporary restrictions , requirements or other disease control measures adopted by the competent authorities in accordance with articles 55 , 56 , 61 , 62 , 64 , 65 , 68 and 69 , and rules adopted pursuant to articles 55 , 63 , 67 and 68 of regulation no xxx / xxxx [ office of publications , please insert number of the regulation on animal health ] ;


### be free from conflict of interest in relation to what is being certified and act impartially ; ### be free from conflict of interest in relation to what is being certified and act independently and impartially ;


### are impartial and free from any conflict of interest in relation to what is being certified by the official attestations ; ### are independent , impartial and free from any conflict of interest in relation to what is being certified by the official attestations ;


### be impartial and free of conflict of interests as regards the exercise of its tasks as european union reference laboratories ; ### be independent , impartial and free of conflict of interests as regards the exercise of its tasks as european union reference laboratories ;


### be impartial and free of conflict of interests as regards the exercise of its tasks as national reference laboratories ; ### be independent , impartial and free of conflict of interests as regards the exercise of its tasks as national reference laboratories ;


### the commission shall be empowered to adopt delegated acts in accordance with article 139 concerning the establishment of requirements , responsibilities and tasks for the european union reference laboratories , the european union reference centres for plant reproductive material and the european union reference centres for animal welfare in addition to those laid down in articles 91 , 92 , 93 , 95 and 96 . ### the commission shall be empowered to adopt delegated acts in accordance with article 139 concerning the establishment of requirements , responsibilities and tasks for the european union reference laboratories , and the european union reference centres for animal welfare in addition to those laid down in articles 91 , 92 , 95 and 96 .


### the emergence of new diseases , pests of plants or other risks to human , animal or plant health , animal welfare or , in the case of gmos and plant protection products , to the environment ; ### the emergence of new diseases or other risks to human or animal health , animal welfare or to the environment ;


### the type and number of cases of non - compliance with the rules referred to in article 1 detected in the previous year by the competent authorities ; ### the type and number of cases of non - compliance with the rules referred to in article 1 detected in the previous year by the competent authorities , specified per sector , and in an adequate level of detailedness ;


### the annual report provided for in paragraph 1 may , where appropriate , include recommendations on possible improvements to official control systems in member states and specific official controls in certain areas . ### the annual report provided for in paragraph 1 shall include recommendations on possible improvements to official control systems in member states and specific official controls in certain areas .


### where relevant , results of official controls performed on animals and goods intended to be exported to the union ; ### where existent , results of official controls performed on animals and goods intended to be exported to the union ;


### any other requirement necessary to ensure that certain animals and goods offer a level of protection of health and , as regards gmos and plant protection products , of the environment , equivalent to that ensured by the requirements referred to in paragraph 1 . ### any other requirement necessary to ensure that certain animals and goods comply with the requirements referred to in paragraph 1 .


### where , in cases other than those referred to in article 53 of regulation no 178 / 2002 , article 249 of regulation no xxx / xxxx [ office of publications , please insert number of the regulation on animal health ] and in articles 27 , 29 , 40 , 41 , 47 , 49 and 50 of regulation no xxx / xxxx [ office of publications , please insert number of the regulation on protective measures against pests of plants ] , there is evidence that the entry into the union of certain animals or goods originating from a third country , a region thereof or a group of third countries , may pose a risk to human , animal or plant health or , as regards gmos and plant protection products , to the environment , or where there is evidence that widespread serious non - compliance with the rules referred to in article 1 might be taking place , the commission shall adopt , by means of implementing acts , the measures necessary to contain such risk or put an end to the identified non - compliance . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 141 . ### where , in cases other than those referred to in article 53 of regulation no 178 / 2002 , article 249 of regulation no xxx / xxxx [ office of publications , please insert number of the regulation on animal health ] , there is evidence that the entry into the union of certain animals or goods originating from a third country , a region thereof or a group of third countries , may pose a risk to human or animal health or to the environment , or where there is evidence that widespread serious non - compliance with the rules referred to in article 1 might be taking place , the commission shall adopt , by means of delegated acts in accordance with article 139 , the measures necessary to contain such risk or put an end to the identified non - compliance .


### articles 14 , 15 , 16 , 21 , 22 , 23 , 24 and 26 are deleted ; ### articles 14 , 15 , 16 , 21 , 22 , 23 , 24 and 26 shall continue to apply until the legislative proposals referred to in article 18 are established ;


### articles 26 , 27 and 30 of regulation no 396 / 2005 shall continue to apply until the date to be determined in the delegated act adopted in accordance with paragraph 3 . ### articles 26 , 27 and 30 of regulation no 396 / 2005 shall continue to apply until the date of the application of the corresponding rules to be established pursuant to the legislative proposals referred to in article 16 of this regulation .


### articles 27 and 30 of regulation no 834 / 2007 shall continue to apply until the date to be determined in the delegated act to be adopted in accordance with paragraph 3 . ### paragraphs 3 to 14 of article 27 and paragraph 2 of article 30 of regulation no 834 / 2007 shall continue to apply until the date to be determined in the delegated act to be adopted in accordance with paragraph 3 .


### paragraph 1 , the second subparagraph of paragraph 2 and paragraphs 3 , 4 and 6 of article 8 and annex ii of directive 2009 / 128 / ec shall continue to apply until the date to be determined in the delegated act to be adopted in accordance with paragraph 3 . ### paragraph 1 , the second subparagraph of paragraph 2 and paragraphs 3 , 4 and 6 of article 8 and annex ii of directive 2009 / 128 / ec shall continue to apply until the date of the application of the corresponding rules to be established pursuant to the legislative proposlas referred to in article 22 of this regulation .


### since the objective of this directive , namely reinforcing investor protection in the financial statements published by undertakings by further enhancing the quality of statutory audits that are performed within the union cannot be sufficiently achieved by member states and can therefore , by reason of its scale and effects , 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 directive does not go beyond what is necessary in order to achieve that objective . ### since the objective of this directive , namely reinforcing public oversight with regard to the auditing of public interest entities and investor protection in the financial statements published by undertakings by further enhancing the quality of statutory audits that are performed within the union cannot be sufficiently achieved by member states and can therefore , by reason of its scale and effects , 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 directive does not go beyond what is necessary in order to achieve that objective .


### this regulation respects the fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union , notably human dignity , prohibition of torture and of inhuman or degrading treatment or punishment , right to liberty and security , the rights to the protection of personal data , right to asylum , non - refoulement , non discrimination , the rights of the child and right to an effective remedy . this regulation should be applied by the member states in accordance with these rights and principles . ### this regulation respects the fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union , notably human dignity , prohibition of torture and of inhuman or degrading treatment or punishment , right to liberty and security , the rights to the protection of personal data , right to asylum , non - refoulement , non discrimination , the rights of the child and right to an effective remedy . this regulation endorses the provisions of council directive 2004 / 83 / ec of 29 april 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted1 , of 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 nationals2 , as well as of council directive 2005 / 85 / ec of 1 december 2005 on minimum standards on procedures in member states for granting and withdrawing refugee status3 and of council directive 2003 / 9 / ec of 27 january 2003 laying down minimum standards for the reception of asylum seekers4 . this regulation should be applied by the member states in accordance with these rights and principles . ___________________ 1 oj l 304 , 30 . 9 . 2004 , p . 12–23 2 oj l 348 , 24 . 12 . 2008 , p . 98–107 3 oj l 326 , 13 . 12 . 2005 , p . 13–34 4 oj l 31 , 6 . 2 . 2003 , p . 18–25


### this regulation respects the fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union , notably human dignity , prohibition of torture and of inhuman or degrading treatment or punishment , right to liberty and security , the rights to the protection of personal data , right to asylum , non - refoulement , non discrimination , the rights of the child and right to an effective remedy . this regulation should be applied by the member states in accordance with these rights and principles . ### this regulation respects the fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union and the european convention for the protection of human rights and fundamental freedoms , notably human dignity , prohibition of torture and of inhuman or degrading treatment or punishment , right to liberty and security , the rights to the protection of personal data , right to asylum , non - refoulement , prohibition of collective expulsions , non discrimination , the rights of the child and right to an effective remedy . this regulation should be applied by the member states in accordance with these rights and principles .


### efficient management of the external borders through checks and surveillance contributes to combat illegal immigration and trafficking in human beings and to reduce the threats to the internal security , public policy , public health and international relations of the member states . ### efficient management of the external borders through effective checks and efficient surveillance contributes to combat irregular immigration and trafficking in human beings and to reduce the threats to the internal security , public policy , public health and international relations of the member states .


### the mandate of the agency should therefore be revised in order to strengthen in particular the operational capabilities of the agency while ensuring that all measures taken are proportionate to the objectives pursued and fully respect fundamental rights and the rights of refugees and asylum seekers , including in particular the prohibition of refoulement . ### the challenges described above , including the increasing complexity and diversity of migration channels , mean that the mandate of the agency should be revised in order to strengthen in particular the operational capabilities of the agency while ensuring that all measures taken are proportionate to the objectives pursued and fully respect fundamental rights and the rights of refugees and asylum seekers , including in particular the prohibition of refoulement .


### the mandate of the agency should therefore be revised in order to strengthen in particular the operational capabilities of the agency while ensuring that all measures taken are proportionate to the objectives pursued and fully respect fundamental rights and the rights of refugees and asylum seekers , including in particular the prohibition of refoulement . ### the mandate of the agency should therefore be revised in order to strengthen in particular the operational capabilities of the agency while ensuring that all measures taken are proportionate to the objectives pursued and fully respect fundamental rights and the rights of refugees and asylum seekers , including in particular the prohibition of refoulement and collective expulsions .


### the agency should provide training , including on fundamental rights , at european level for national instructors of border guards and additional training and seminars related to control and surveillance at the external borders and removal of third - country nationals illegally present in the member states for officers of the competent national services . the agency may organise training activities in cooperation with member states on their territory . member states should integrate the results of the agency’s work in this perspective in the national training programs of their border guards . ### the agency should provide training on fundamental rights , international law and the structure of national asylum authorities at european level for national instructors of border guards and additional training and seminars related to control and surveillance at the external borders and removal of third - country nationals irregularly present in the member states for officers of the competent national services . the agency may organise training activities in cooperation with member states on their territory . member states should integrate the results of the agency’s work in this perspective in the national training programs of their border guards .


### the agency should provide training , including on fundamental rights , at european level for national instructors of border guards and additional training and seminars related to control and surveillance at the external borders and removal of third - country nationals illegally present in the member states for officers of the competent national services . the agency may organise training activities in cooperation with member states on their territory . member states should integrate the results of the agency ' s work in this perspective in the national training programs of their border guards . ### the agency , together with the united nations high commissioner for refugees , the european asylum support office , the international organization for migration and other relevant european and international organisations , should provide training , including on fundamental rights , at european level for national instructors of border guards . the agency may organise training activities in cooperation with member states on their territory . member states should integrate the results of the agency ' s work in this perspective in the national training programs of their border guards .


### cooperation with third countries regarding matters covered by regulation no 2007 / 2004 is increasingly important . to establish a solid cooperation model with relevant third countries the agency should have the possibility to launch and finance projects of technical assistance and to deploy liaison officers in third countries . the agency should have the possibility to invite representatives of third countries to participate in its activities , after having provided the necessary training . establishing cooperation with third countries is relevant also with regards to promoting the european standards of border management , including the respect of fundamental rights and human dignity . ### cooperation with third countries regarding matters covered by regulation no 2007 / 2004 is increasingly important . to establish a solid cooperation model with relevant third countries the agency should have the possibility to launch and finance projects of technical assistance and to deploy liaison officers in third countries . the agency should also have the possibility to invite representatives of third countries to participate in its activities , after having provided the necessary training . establishing cooperation with third countries is relevant also with regards to promoting the european standards of border management , including the respect of fundamental rights and human dignity .


### while considering that the responsibility for the control and surveillance of external borders lies with the member states , the agency shall facilitate and render more effective the application of existing and future european union measures relating to the management of external borders , in particular the schengen borders code , and in accordance with relevant union law , international law , obligations related to access to international protection , and fundamental rights . it shall do so by ensuring the coordination of member states ' actions in the implementation of those measures , thereby contributing to an efficient , high and uniform level of control on persons and surveillance of the external borders of the member states . ### while considering that the responsibility for the control and surveillance of external borders lies with the member states , jointly with the agency , as a body of the union as defined in article 15 and in accordance with article 19 of this regulation , the agency shall facilitate and render more effective the application of existing and future european union measures relating to the management of external borders , in particular the schengen borders code , and in accordance with relevant union law , international law , obligations related to access to international protection , and fundamental rights . it shall do so by ensuring the coordination of member states ' actions in the implementation of those measures , thereby contributing to an efficient , high and uniform level of control on persons and surveillance of the external borders of the member states . the agency shall fulfil its tasks in full respect for relevant union law , including the charter of fundamental rights of the european union and council decision 2010 / 252 / eu of 26 april 2010 supplementing the schengen borders code as regards the surveillance of the sea external borders in the context of operational cooperation coordinated by the european agency for the management of operational cooperation at the external borders of the member states of the european union1 ; international law , including the geneva convention relating to the status of refugees of 28 july 1951 , obligations related to access to international protection , in particular the principle of non - refoulement , and fundamental rights . __________ 1 oj l 111 , 4 . 5 . 2010 , p . 20 .


### carry out risk analyses , including the evaluation of the capacity of member states to face threats and pressure at the external borders ; ### carry out risk analyses , including the evaluation of the capacity of member states to face threats and pressure at the external borders and incorporate the findings of the un high commissioner for refugees and the un high commissioner for human rights , especially with regard to the situation of persons in need of international protection , and regularly report to the european parliament , the commission and the member states ;


### carry out risk analyses , including the evaluation of the capacity of member states to face threats and pressure at the external borders ; ### carry out risk analyses as defined in article 4 , including the evaluation of the capacity of member states to manage control and surveillance at the external borders ;


### the agency may also terminate joint operations and pilot projects if the conditions to conduct these initiatives are no longer fulfilled . ### the agency may also terminate , after obtaining the agreement of the host member state , joint operations and pilot projects if the conditions to conduct these initiatives are no longer fulfilled . the member states involved may ask the agency for a joint operation or pilot programme to be terminated .


### the operational plan shall include the following : ### the operational plan shall cover all aspects considered necessary for conducting joint operations and pilot projects , including the following :


### a reporting and evaluation scheme containing detailed provisions on incident reporting , benchmarks for the evaluation report and final date of submission of the final evaluation report in accordance with article 3 . ### an immediate incident reporting mechanism , including on violations of fundamental rights and international protection during joint operations , rapid border intervention team deployments and pilot projects , which shall be transmitted by the agency to the relevant national and eu public authorities and to the management board , and a reporting and evaluation scheme containing detailed provisions on incident reporting , benchmarks for the evaluation report and final date of submission of the final evaluation report in accordance with article 3 .


### a reporting and evaluation scheme containing detailed provisions on incident reporting , benchmarks for the evaluation report and final date of submission of the final evaluation report in accordance with article 3 . ### a reporting and evaluation scheme containing benchmarks for the evaluation report and final date of submission of the final evaluation report in accordance with article 3 .


### regarding sea operations , specific requirements regarding the applicable jurisdiction and maritime law provisions concerning the geographical area where the joint operation takes place . ### regarding sea operations , specific requirements regarding the applicable jurisdiction and relevant legislation concerning the geographical area where the joint operation takes place .


### member states shall make the border guards available for deployment at the request of the agency , unless they are faced with an exceptional situation substantially affecting the discharge of national tasks . such a request shall be made at least thirty days before the intended deployment . the autonomy of the home member state in relation to the selection of staff and the duration of their deployment shall remain unaffected . ### member states shall make the border guards available for deployment at the request of the agency , unless they are faced with an exceptional situation substantially affecting the discharge of national tasks . such a request shall be made at least thirty days before the intended deployment . the autonomy of the home member state in relation to the selection of staff and the duration of their deployment shall remain unaffected . the contribution of each member state in terms of border guards for each operation shall be determined by annual bilateral agreements between the agency and the member state concerned .


### the agency shall establish and further develop common core curricula for border guards ' training and provide training at european level for instructors of the national border guards of member states , including with regard to fundamental rights and access to international protection . member states shall integrate the common core curricula in the training of their national border guards . ### the agency shall establish and further develop common core curricula for border guards ' training and provide training at european level for instructors of the national border guards of member states , including with regard to fundamental rights and access to international protection . the european parliament shall be informed of the contents of the common core curricula . member states shall integrate the common core curricula in the training of their national border guards . in developing , implementing and evaluating the common core curricula , the agency should work closely with the fundamental rights agency , as well as with unhcr .


### the agency shall establish and further develop common core curricula for border guards ' training and provide training at european level for instructors of the national border guards of member states , including with regard to fundamental rights and access to international protection . ### the agency shall , in cooperation with competent bodies as provided for in article 13 , establish and further develop common core curricula for border guards ' training and provide training at european level for instructors of the national border guards of member states , including with regard to fundamental rights and access to international protection .


### the agency shall develop a code of conduct for the return of illegally present third country nationals by air which shall apply during all joint return operations coordinated by the agency , describing common standardized procedures which should simplify the organisation of joint return flights and assure return in a humane manner and in full respect for fundamental rights , in particular the principles of human dignity , prohibition of torture and of inhuman or degrading treatment or punishment , right to liberty and security , the rights to the protection of personal data and non discrimination . ### the agency shall develop a code of conduct for the return of illegally present third country nationals by air which shall apply during all joint return operations coordinated by the agency , describing common standardized procedures which should simplify the organisation of joint return flights and assure return in a humane manner and in full respect for fundamental rights , in particular the principles of human dignity , prohibition of torture and of inhuman or degrading treatment or punishment , right to liberty and security , the rights to the protection of personal data and non discrimination . the code of conduct should allow for the suspension of a return where there are clear grounds for believing that the return would lead to a violation of fundamental rights .


### the agency shall develop a code of conduct for the return of illegally present third - country nationals by air which shall apply during all joint return operations coordinated by the agency , describing common standardized procedures which should simplify the organisation of joint return flights and assure return in a humane manner and in full respect for fundamental rights , in particular the principles of human dignity , prohibition of torture and of inhuman or degrading treatment or punishment , right to liberty and security , the rights to the protection of personal data and non discrimination . ### the agency shall develop a code of conduct for the return of illegally present third - country nationals by air which shall apply during all joint return operations coordinated by the agency , describing common standardized procedures which should simplify the organisation of joint return flights and assure return in a humane manner and in full respect for fundamental rights , in particular the principles of human dignity , prohibition of torture and of inhuman or degrading treatment or punishment , right to liberty and security , the rights to the protection of personal data and non discrimination . the code of conduct shall allow for the suspension of a return where there are reasons to believe that the return would lead to a violation of fundamental rights . in the event of a breach of international and / or union law , the return shall be suspended .


### the code of conduct will in particular pay attention to the obligation set out in article 8 of directive 2008 / 115 / ec to provide for an effective forced - return monitoring system . the monitoring of joint return operations should be carried out independently and should cover the whole joint return operation from the predeparture phase until the hand - over of the returnees in the country of return . furthermore , observations of the monitor , which shall cover the compliance with the code of conduct and in particular fundamental rights , shall be made available to the commission and form part of the internal final return operation report . in order to ensure transparency and a coherent evaluation of the forced - return operations , reports of the monitor shall be included in an annual reporting mechanism . ### the code of conduct will in particular pay attention to the obligation set out in article 8 of directive 2008 / 115 / ec to provide for an effective forced - return monitoring system . the monitoring of joint return operations should be carried out independently and should cover the whole joint return operation from the predeparture phase until the hand - over of the returnees in the country of return . monitors should have access to all relevant facilities , including detention centres and aircraft , and receive the necessary training to perform their duties . furthermore , observations of the monitor , which shall cover the compliance with the code of conduct and in particular fundamental rights , shall be made available to the commission and form part of the internal final return operation report . in order to ensure transparency and a coherent evaluation of the forced - return operations , reports of the monitor shall be included in an annual public reporting mechanism .


### the code of conduct will in particular pay attention to the obligation set out in article 8 of directive 2008 / 115 / ec to provide for an effective forced - return monitoring system . the monitoring of joint return operations should be carried out independently and should cover the whole joint return operation from the pre - departure phase until the hand - over of the returnees in the country of return . furthermore , observations of the monitor , which shall cover the compliance with the code of conduct and in particular fundamental rights , shall be made available to the commission and form part of the internal final return operation report . in order to ensure transparency and a coherent evaluation of the forced - return operations , reports of the monitor shall be included in an annual reporting mechanism . ### the code of conduct will in particular pay attention to the obligation set out in article 8 of directive 2008 / 115 / ec to provide for an effective forced - return monitoring system . the monitoring of joint return operations should be carried out independently and should cover the whole joint return operation from the pre - departure phase until a follow up of the situation of the returnee has been conducted in the country of return , especially with regard to how they were received at the arrival point , how they were treated by the third - country authorities and whether they were arrested . personnel in charge of monitoring shall have access to all relevant facilities , including detention centres and aircraft , and receive the necessary training to perform their duties . furthermore , observations of the monitor , which shall cover the compliance with the code of conduct and in particular fundamental rights , shall be made available to the commission and form part of the internal final return operation report . in order to ensure transparency and a coherent evaluation of the forced - return operations , reports of the monitor shall be included in an annual reporting mechanism .


### in matters covered by its activities and to the extent required for the fulfilment of its tasks , the agency shall facilitate the operational cooperation between member states and third countries , in the framework of the european union external relations policy , including with regard to human rights . ### in matters covered by its activities and to the extent required for the fulfilment of its tasks , the agency shall facilitate the operational cooperation between member states and third countries , within the framework of the european union external relations policy , in particular through the european neighbourhood policy and within the framework of the union for the mediterranean , including with regard to human rights .


### the agency may deploy liaison officers , which should enjoy the highest possible protection to carry out their duties , in third countries . they shall form part of the local or regional cooperation networks of member states ' liaison officers set up pursuant to council regulation no 377 / 2004 . liaison officers shall only be deployed to third countries in which border management practices respect minimum human rights standards . priority for deployment should be given to those third countries , which on the basis of risk analysis constitute a country of origin or transit regarding illegal migration . on a reciprocal basis the agency may receive liaison officers posted by those third countries also , for a limited period of time . the management board shall adopt , on a proposal of the executive director , the list of priorities on a yearly basis in accordance with the provisions of article 24 . ### the agency may deploy liaison officers , which should enjoy the highest possible protection to carry out their duties , in third countries . they shall form part of the local or regional cooperation networks of member states ' liaison officers set up pursuant to council regulation no 377 / 2004 . liaison officers shall only be deployed , following the approval of the management board , to third countries in which border management practices respect fundamental rights and international protection obligations . within the framework of the eu ' s external policy , priority for deployment should be given to those third countries , which on the basis of risk analysis constitute a country of origin or transit regarding illegal migration . on a reciprocal basis the agency may receive liaison officers posted by those third countries also , for a limited period of time . the management board shall adopt , on a proposal of the executive director , the list of priorities on a yearly basis in accordance with the provisions of article 24 .


### the tasks of the liaison officers shall include , in compliance with european union law and in accordance with fundamental rights , the establishment and maintaining of contacts with the competent authorities of the third country to which they are assigned to with a view to contribute to the prevention of and fight against illegal immigration and the return of illegal migrants . ### the tasks of the liaison officers shall include , in compliance with european union law and in accordance with fundamental rights , with special regard to the right of everyone to leave a country , including his or her own , the establishment and maintaining of contacts with the competent authorities of the third country to which they are assigned with a view to contribute to the prevention of and fight against illegal immigration and the return of illegal migrants .


### the agency may benefit from union funding in accordance with the provisions of the relevant instruments supporting the union ' s external relations policy . it may launch and finance technical assistance projects in third countries regarding matters covered by this regulation . the agency may also invite representatives of third countries , other european union agencies and bodies or international organisations to participate in its activities referred to in articles 3 , 4 and 5 . these representatives shall receive the appropriate training from the agency prior to their participation . ### the agency may benefit from union funding in accordance with the provisions of the relevant instruments supporting the union ' s external relations policy . it may launch and finance technical assistance projects in third countries regarding matters covered by this regulation with a view to improving their capacities , inter alia in the field of human rights . the agency shall ensure that assistance to operations within the framework of these projects is not provided to third countries where there are clear grounds for believing that such operations would lead to violations of fundamental rights . the agency may also invite representatives of third countries , other european union agencies and bodies or international organisations to participate in its activities referred to in articles 3 , 4 and 5 following an understanding with the host member state . these representatives shall receive the appropriate training from the agency prior to their participation , in particular in relation to fundamental rights .


### the agency may benefit from union funding in accordance with the provisions of the relevant instruments supporting the union ' s external relations policy . it may launch and finance technical assistance projects in third countries regarding matters covered by this regulation . the agency may also invite representatives of third countries , other european union agencies and bodies or international organisations to participate in its activities referred to in articles 3 , 4 and 5 . these representatives shall receive the appropriate training from the agency prior to their participation . ### the agency may benefit from union funding in accordance with the provisions of the relevant instruments supporting the union ' s external relations policy , except the funds for development cooperation , including the european neighbourhood policy and instruments for stability . it may launch and finance technical assistance projects in third countries regarding matters covered by this regulation . the agency shall ensure that assistance to operations within the framework of these projects is not provided to third countries where there are reasons to believe that such operations could lead to violations of fundamental rights .


### when concluding bilateral agreements with third countries as referred to in article 2 member states shall , where appropriate , include provisions concerning the role and competencies of the agency , in particular regarding the exercise of executive powers by members of the teams deployed by the agency during the activities referred to in article 3 . ### when concluding bilateral agreements with third countries on cooperation at an operational level as referred to in article 2 , member states shall , where appropriate , include provisions concerning the role and competencies of the agency , in particular regarding the exercise of executive powers by members of the teams deployed by the agency during the activities referred to in article 3 . the text of those bilateral agreements shall be transmitted to the european parliament and the commission .


### the sst support programme should also be complementary to existing mitigation measures such as the united nations guidelines for space debris mitigation or other initiatives , such as the union proposal for an international code of conduct on outer space activities . ### the sst support programme should also be complementary to existing mitigation measures such as the united nations guidelines for space debris mitigation or other initiatives , and be consistent with the union proposal for an international code of conduct on outer space activities


### the sst support programme should be financed by the union in accordance with regulation no 966 / 2012 of the european parliament and of the council of 25 october 2012 on the financial rules applicable to the general budget of the union18 . union funding for the sst support programme should be drawn from relevant programmes provided for in the multiannual financial framework for 2014 - 2020 . __________________ 18 oj l 298 , 26 . 10 . 2012 , p . 1 . ### the sst support programme should be financed by the union in accordance with regulation no 966 / 2012 of the european parliament and of the council of 25 october 2012 on the financial rules applicable to the general budget of the union18 . the amount of union funding for the sst support programme should be set at eur 70 million in current prices and should be drawn from relevant programmes provided for in the multiannual financial framework for 2014 - 2020 , particularly the instrument for financial support for police cooperation , preventing and combating crime , and crisis management , under the internal security fund established by regulation no . . . / 2013 of the european parliament and the council18a , the galileo and egnos programmes established by regulation no . . . / 2013 of the european parliament and the council18b and the copernicus programme established by regulation no . . . / 2014 of the european parliament and the council18c . __________________ 18 oj l 298 , 26 . 10 . 2012 , p . 1 . 18a regulation no . . . / 2013 of the european parliament and of the council of . . . 2013 establishing , as part of the internal security fund , the instrument for financial support for police cooperation , preventing and combating crime , and crisis management . 18b regulation no . . . / 2013 of the european parliament and of the council of . . . 2013 on the implementation and exploitation of european satellite navigation systems and repealing council regulation no 876 / 2002 and regulation no 683 / 2008 of the european parliament and of the council . 18c regulation no . . . / 2013 of the european parliament and of the council of . . . 2013 establishing the copernicus programme and repealing regulation no 911 / 2010 .


### in order to ensure uniform conditions for the implementation of this decision as regards the adoption of a multiannual work programme and the compliance by member states with the criteria for their participation in the sst support programme , implementing powers should be conferred on the commission . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by the member states of the commission ' s exercise of implementing powers19 . __________________ 19 oj l 55 , 28 . 2 . 2011 , p . 13 . ### in order to ensure uniform conditions for the implementation of this decision as regards the compliance by member states with the criteria for their participation in the sst support programme , implementing powers should be conferred on the commission . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by the member states of the commission ' s exercise of implementing powers19 . __________________ 19 oj l 55 , 28 . 2 . 2011 , p . 13 .


### objectives of the sst support programme ### main actions of the sst support programme


### the objectives of the sst support programme shall be to support actions aimed at establishing a sst capability and , in particular : ### in order to attain the general and specific objectives laid down in articles 1a and 2a respectively , the main actions of the sst support shall consist in :


### sst services shall be provided to member states , the council , the commission , the eeas , public and private spacecraft operators , and public authorities concerned with civil protection . the sst services shall be provided in compliance with the provisions on the use and exchange of sst data and information set out in article 9 . ### sst services shall be provided to member states , the council , the commission , the eeas , public and private spacecraft owners and / or operators , and public authorities concerned with civil protection .


### the sst support programme shall provide support for the actions aimed at achieving the objectives set out in article 3 , provided for in the work programme referred to in article 6 and under the specific conditions referred to in article 7 . ### the sst support programme shall provide support for the main actions set out in article 3 and any of their specific actions provided for in the work programme referred to in article 6 and under the specific conditions referred to in article 7 .


### manage the funds to be drawn to the sst support programme and ensure the implementation of the sst support programme ; ### be responsible for the sst support programme , manage the funds allocated thereto and ensure implementation thereof ;


### the commission shall adopt implementing acts establishing a multiannual work programme for the sst support programme complementing , as appropriate , the work programmes foreseen under the programmes referred to article 11 . the work programme shall specify the objectives pursued , the expected results , the actions to be financed , the timetable for the implementation of these actions , the method of implementation , the maximum rate of union co - financing , and the specific conditions applicable to union grants under the sst support programme . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 14 . ### the commission shall adopt delegated acts in accordance with article 14a establishing a multiannual work programme for the sst support programme taking account of , as appropriate , the work programmes provided for under the programmes referred to article 11 . the work programme shall specify the objectives pursued , the expected results , the actions to be financed , the timetable for the implementation of these actions , the method of implementation , the maximum rate of union co - financing , and the specific conditions applicable to union grants under the sst support programme .


### unauthorised disclosure of data and information shall be prevented while allowing efficient operations and maximising the use of the generated information ; ### efficient operations shall be ensured and the use of the generated information shall be maximised while preventing the unauthorised disclosure of data and information ;


### the member states which comply with the criteria set out in article 7 and the eusc shall conclude an agreement laying down the rules and mechanisms for their cooperation in the implementation of the objectives set out in article 3 . in particular , that agreement shall include provisions on the following : ### the member states which comply with the criteria set out in article 7 and the eusc shall conclude an agreement laying down the rules and mechanisms for their cooperation in the implementation of the main actions set out in article 3 . in particular , that agreement shall include provisions on the following :


### union funding for the sst support programme shall be drawn from other programmes provided for in the multiannual financial framework for 2014 - 2020 in full compatibility with their legal base . ### the amount of union funding allocated to the sst support programme for the period 2014 - 2020 shall be eur 70 million , to be drawn from the financial envelopes allocated to other programmes provided for in the multiannual financial framework for 2014 - 2020 in full compatibility with their legal base .


### the proper functioning of the internal energy market requires that the energy imported into the union from third countries , is fully governed by the rules establishing an internal energy market . an internal energy market that is not functioning properly puts the eu in a vulnerable position with regard to security of energy supply . a high degree of transparency with regard to agreements between member states and third countries in the field of energy would allow the union to take coordinated action , in a spirit of solidarity , in order to ensure that such agreements are in accordance with union legislation and effectively secure the supply of energy . ### the proper functioning of the internal energy market requires that the energy imported into the union from third countries , is fully governed by the rules establishing an internal energy market . an internal energy market that is not functioning properly puts the eu in a vulnerable position with regard to security of energy supply . a high degree of transparency with regard to agreements between member states and third countries in the field of energy would allow the union to take coordinated action , in a spirit of solidarity , in order to ensure that such agreements are in accordance with union legislation and with the union ' s long - term energy and climate objectives , and effectively secure the supply of energy while avoiding the build - up of surplus capacity and therefore ensuring economic efficiency , sustainability and fair consumer prices .


### where a national resolution authority has not applied a decision referred to in article 16 , or has applied it in a way which fails to achieve the resolution objectives under this regulation , the board shall have the power to order an institution under resolution : ### where a national resolution authority has not applied a decision referred to in article 16 , or has applied it in a way which fails to achieve the resolution objectives under this regulation , the board shall have the power to order an institution under resolution or exercise any other powers provided for in directive [ brrd ] :


### when deliberating on an individual entity or a group established only in one participating member state , the board shall take its decisions in its executive sessions by a simple majority of its participating members . in case of a tie the executive director shall have a casting vote . ### when deliberating on an individual entity or a group established only in one participating member state , the board shall take its decisions in its executive sessions by a simple majority of the participating members referred to in article 49 . in case of a tie the executive director shall have a casting vote .


### the commission shall be empowered to adopt delegated acts in accordance with article 82 to specify the following : ### without prejudice to paragraph 1 second subparagraph , the commission shall be empowered to adopt delegated acts in accordance with article 82 to specify the following :


### the board may contract for the fund borrowings or other forms of support from financial institutions or other third parties , in the event that the amounts raised in accordance with articles 66 and 67 are not immediately accessible or sufficient to cover the expenses incurred by the use of the fund . ### the board may contract for the fund borrowings or other forms of support from , first private and , where this is not possible , public financial institutions or other third parties , in the event that the amounts raised in accordance with articles 66 and 67 are not immediately accessible or sufficient to cover the expenses incurred by the use of the fund .


### a delegated act adopted pursuant to article 10 , article 12 and article 19 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by one month at the initiative of the european parliament or of the council . ### a delegated act adopted pursuant to article 10 , article 12 and article 19 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or of the council .


### the member states and the commission shall ensure that environmental protection requirements , resource efficiency , climate change mitigation and adaptation , disaster resilience and risk prevention and management are promoted in the preparation and implementation of partnership contracts and programmes . member states shall provide information on the support for climate change objectives using the methodology adopted by the commission . the commission shall adopt this methodology by means of an implementing act . the implementing act shall be adopted in accordance with the examination procedure referred to in article 143 . ### the member states and the commission shall , based on existing environmental legislation , ensure that environmental protection requirements , resource efficiency , biodiversity and ecosystem protection , climate change mitigation and adaptation and ecosystem - based disaster resilience and risk prevention and management are promoted in the preparation and implementation of partnership contracts and included as objectives in partnership programmes . sustainability shall also be ensured by maintaining and creating employment . member states shall provide information on the support for climate change and biodiversity objectives using the methodology adopted by the commission . the commission shall adopt this methodology by means of an implementing act . the implementing act shall be adopted in accordance with the examination procedure referred to in article 143 .


### supporting the shift towards a low - carbon economy in all sectors ; ### supporting the shift towards a low - carbon economy based on energy saving , efficiency and the use of renewable resources in all sectors ; including , in particular , the promotion of intermodal sustainable transport and mobility while focusing on removing bottlenecks and completing missing trans - border links in sustainable and intermodal transport infrastructures ;


### a consolidated table of milestones and targets established in programmes for the performance framework referred to in article 19 , together with the methodology and mechanism to ensure consistency across programmes and csf funds ; ### a consolidated table of measurable qualitative and quantitative milestones and targets established in programmes for the performance framework referred to in article 19 , together with the methodology and mechanism to ensure consistency across programmes and csf funds ;


### member states shall assess whether the applicable ex ante conditionalities are fulfilled . ### member states shall assess whether the applicable ex ante conditionalities are fulfilled . the assessment shall be based on a common methodology and involve the partners referred to in article 5 .


### each priority shall set out indicators to assess progress of programme implementation towards achievement of objectives as the basis for monitoring , evaluation and review of performance . these shall include : ### each priority shall set out measurable qualitative and quantitative indicators to assess progress of programme implementation towards achievement of objectives as the basis for monitoring , evaluation and review of performance . these shall include :


### each programme , except those which cover exclusively technical assistance , shall include a description of the actions to take into account the principles set out in articles 7 and 8 . ### each programme , except those which cover exclusively technical assistance , shall include measurable qualitative and quantitative targets and milestones , programme - specific indicators and a description of the actions to take in order to comply with the principles set out in articles 7 and 8 .


### progress towards achievement of the union strategy for smart , sustainable and inclusive growth , in particular in respect of the milestones set out for each programme in the performance framework and the support used for climate change objectives ; ### progress towards achievement of the union strategy for smart , sustainable and inclusive development and growth , in particular in respect of measurable qualitative and quantitative milestones set out for each programme in the performance framework and the support used for climate change and biodiversity objectives ;


### member states shall submit an opinion of the national equality bodies on the measures set out in points and with the proposal for an operational programme under the investment for growth and jobs goal . ### member states shall submit an opinion of the national environmental and equality bodies and partners on the measures set out in points , and with the proposal for an operational programme under the investment for growth and jobs goal .


### – transparent , with objectively verifiable targets and the source data identified and publicly available ; ### – transparent , easily understandable , with objectively verifiable targets and the source data identified and publicly available ;


### this directive shall also be without prejudice to directive 95 / 46 / ec of the european parliament and of the council of 24 october 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data , and to directive 2002 / 58 / ec of the european parliament and of the council of 12 july 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector and to the regulation of the european parliament and of the council on the protection of individuals with regard to the processing of personal data and on the free movement of such data . ### this directive shall also be without prejudice to directive 95 / 46 / ec of the european parliament and of the council of 24 october 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data , and to directive 2002 / 58 / ec of the european parliament and of the council of 12 july 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector and the regulation no 45 / 2001 of the european parliament and of the council of 18 december 2000 on the protection of individuals with regard to the processing of personal data by the community institutions and bodies and on the free movement of such data .


### ' incident ' means any circumstance or event having an actual adverse effect on security ; ### ' incident ' means any circumstance or event having an actual adverse effect on security and the provision of core services ;


### each member state shall designate a national competent authority on the security of network and information systems . ### each member state shall designate a civil national competent authority on the security of network and information systems .


### the requirements under paragraphs 1 and 2 apply to all market operators providing services within the european union . ### the requirements under paragraphs 1 and 2 apply to all market operators and software producers providing services within the european union . incident notifications under paragraph 2 shall apply without prejudice to personal data breach notification obligations in accordance with applicable data protection law .


### list of market operators referred to in article 3 a ) : e - commerce platforms 2 . internet payment gateways 3 . social networks 4 . search engines 5 . cloud computing services 6 . application stores ### list of market operators referred to in article 3 a ) : e - commerce platforms 2 . internet payment gateways 3 . search engines 4 . cloud computing services


### rapid technological developments and globalisation have brought new challenges for the protection of personal data . the scale of data sharing and collecting has increased spectacularly . technology allows both private companies and public authorities to make use of personal data on an unprecedented scale in order to pursue their activities . individuals increasingly make personal information available publicly and globally . technology has transformed both the economy and social life , and requires to further facilitate the free flow of data within the union and the transfer to third countries and international organisations , while ensuring an high level of the protection of personal data . ### rapid technological developments and globalisation have brought new challenges for the protection of personal data . the scale of data sharing and collection has increased spectacularly . technology allows both private companies and public authorities to make use of personal data on an unprecedented scale in order to pursue their activities . individuals increasingly make personal information available publicly and globally . technology has transformed both the economy and social life , and requires improved legal safeguards which will facilitate the free flow of data within the union and the transfer to third countries and international organisations , ensuring an high level of the protection of personal data .


### in order to ensure consistent and high level of protection of individuals and to remove the obstacles to flows of personal data , the level of protection of the rights and freedoms of individuals with regard to the processing of such data should be equivalent in all member states . consistent and homogenous application of the rules for the protection of the fundamental rights and freedoms of natural persons with regard to the processing of personal data should be ensured throughout the union . ### in order to ensure consistent and high level of protection of individuals and to remove the obstacles to flows of personal data , the level of protection of the rights and freedoms of individuals with regard to the processing of such data should be equivalent in all member states and identical where possible . consistent and homogenous application of the rules for the protection of the fundamental rights and freedoms of natural persons with regard to the processing of personal data should be ensured throughout the union .


### in order to ensure a consistent level of protection for individuals throughout the union and to prevent divergences hampering the free movement of data within the internal market , a regulation is necessary to provide legal certainty and transparency for economic operators , including micro , small and medium - sized enterprises , and to provide individuals in all member states with the same level of legally enforceable rights and obligations and responsibilities for controllers and processors , to ensure consistent monitoring of the processing of personal data , and equivalent sanctions in all member states as well as effective co - operation by the supervisory authorities of different member states . to take account of the specific situation of micro , small and medium - sized enterprises , this regulation includes a number of derogations . in addition , the union institutions and bodies , member states and their supervisory authorities are encouraged to take account of the specific needs of micro , small and medium - sized enterprises in the application of this regulation . the notion of micro , small and medium - sized enterprises should draw upon commission recommendation 2003 / 361 / ec of 6 may 2003 concerning the definition of micro , small and medium - sized enterprises . ### in order to ensure a consistent level of protection for individuals throughout the union and to prevent divergences hampering the free movement of data within the internal market , a regulation is necessary to provide legal certainty and transparency for economic operators , including micro , small and medium - sized enterprises , and to provide individuals in all member states with the same level of legally enforceable rights and obligations and responsibilities for controllers and processors , to ensure consistent monitoring of the processing of personal data , and equivalent sanctions in all member states as well as effective co - operation by the supervisory authorities of different member states . where demonstrably necessary and without undermining either protection of personal data or single market principles , to take account of the specific situation of micro , small and medium - sized enterprises , this regulation includes a number of derogations . in addition , the union institutions and bodies , member states and their supervisory authorities are encouraged to take account of the specific needs of micro , small and medium - sized enterprises in the application of this regulation . the notion of micro , small and medium - sized enterprises should draw upon commission recommendation 2003 / 361 / ec of 6 may 2003 concerning the definition of micro , small and medium - sized enterprises .


### the principles of protection should apply to any information concerning an identified or identifiable person . to determine whether a person is identifiable , account should be taken of all the means likely reasonably to be used either by the controller or by any other person to identify the individual . the principles of data protection should not apply to data rendered anonymous in such a way that the data subject is no longer identifiable . ### the principles of protection should apply to any information concerning an identified or identifiable person . to determine whether a person is identifiable , account should be taken of all the means likely to be used either by the controller or by any other person to identify the individual . the principles of data protection should not apply to data rendered anonymous in such a way that the data subject is no longer identifiable taking full account of the technological ' state of the art ' and technological trends .


### when using online services , individuals may be associated with online identifiers provided by their devices , applications , tools and protocols , such as internet protocol addresses or cookie identifiers . this may leave traces which , combined with unique identifiers and other information received by the servers , may be used to create profiles of the individuals and identify them . it follows that identification numbers , location data , online identifiers or other specific factors as such need not necessarily be considered as personal data in all circumstances . ### when using online services , individuals may be associated with one or more online identifiers provided by their devices , applications , tools and protocols , such as internet protocol addresses , cookie identifiers , or other unique identifiers . since these identifiers leave traces and can be used to single out natural persons , this regulation should be applicable to processing involving such data , unless these identifiers demonstrably do not relate to natural persons , such as for example the ip addresses of web servers and thus cannot be considered as ' personal data ' as defined in article 4 .


### the main establishment of a controller in the union should be determined according to objective criteria and should imply the effective and real exercise of management activities determining the main decisions as to the purposes , conditions and means of processing through stable arrangements . this criterion should not depend whether the processing of personal data is actually carried out at that location ; the presence and use of technical means and technologies for processing personal data or processing activities do not , in themselves , constitute such main establishment and are therefore no determining criteria for a main establishment . the main establishment of the processor should be the place of its central administration in the union . ### the main establishment of a controller in the union should be determined according to objective criteria and should imply the effective and real exercise of management activities determining the main decisions as to the purposes , conditions and means of processing through stable arrangements . this criterion should not depend whether the processing of personal data is actually carried out at that location ; the presence and use of technical means and technologies for processing personal data or processing activities do not , in themselves , constitute such main establishment and are therefore not determining criteria for a main establishment . the main establishment of the processor should be the place of its central administration in the union .


### children deserve specific protection of their personal data , as they may be less aware of risks , consequences , safeguards and their rights in relation to the processing of personal data . to determine when an individual is a child , this regulation should take over the definition laid down by the un convention on the rights of the child . ### children deserve specific protection of their personal data , as they may be less aware of risks , consequences , safeguards and their rights in relation to the processing of personal data . to determine when an individual is a child , this regulation should take over the definition laid down by the un convention on the rights of the child . no reference to child protection in this regulation should be understood as an implicit instruction that protection of personal data of adults should be treated with less care than would have been the case if the reference was not included .


### personal data which are , by their nature , particularly sensitive and vulnerable in relation to fundamental rights or privacy , deserve specific protection . such data should not be processed , unless the data subject gives his explicit consent . however , derogations from this prohibition should be explicitly provided for in respect of specific needs , in particular where the processing is carried out in the course of legitimate activities by certain associations or foundations the purpose of which is to permit the exercise of fundamental freedoms . ### personal data which are , by their nature , particularly sensitive and vulnerable in relation to fundamental rights or privacy , deserve specific protection . such data should not be processed , unless the data subject gives his explicit and informed consent . however , derogations from this prohibition should be explicitly provided for in respect of specific needs , in particular where the processing is carried out in the course of legitimate activities by certain associations or foundations the purpose of which is to permit the exercise of fundamental freedoms of the data subjects in question .


### if the data processed by a controller do not permit the controller to identify a natural person , the data controller should not be obliged to acquire additional information in order to identify the data subject for the sole purpose of complying with any provision of this regulation . in case of a request for access , the controller should be entitled to ask the data subject for further information to enable the data controller to locate the personal data which that person seeks . ### if the data processed by a controller do not permit the controller to identify a natural person , nothing in this regulation may be construed by the data controller as an obligation to acquire additional information in order to identify the data subject for the sole purpose of complying with any provision of this regulation . in case of a request for access , the controller should be entitled to ask the data subject for further information to enable the data controller to locate the personal data which that person seeks . if it is possible for the data subject to provide such data , controllers should not be able to invoke a lack of information to refuse an access request .


### any person should have the right of access to data which has been collected concerning them , and to exercise this right easily , in order to be aware and verify the lawfulness of the processing . every data subject should therefore have the right to know and obtain communication in particular for what purposes the data are processed , for what period , which recipients receive the data , what is the logic of the data that are undergoing the processing and what might be , at least when based on profiling , the consequences of such processing . this right should not adversely affect the rights and freedoms of others , including trade secrets or intellectual property and in particular the copyright protecting the software . however , the result of these considerations should not be that all information is refused to the data subject . ### any person should have the right of access to data which has been collected concerning them , and to exercise this right easily , in order to be aware and verify the lawfulness of the processing . every data subject should therefore have the right to know and obtain communication in particular for what purposes the data are processed , for what period , which recipients receive the data , what is the logic of the data that are undergoing the processing and what might be , at least when based on profiling , the consequences of such processing . this right should not adversely affect the rights and freedoms of others , including trade secrets or intellectual property , such as in relation to the copyright protecting the software . however , the result of these considerations should not be that all information is refused to the data subject .


### the controller should use all reasonable measures to verify the identity of a data subject that requests access , in particular in the context of online services and online identifiers . a controller should not retain personal data for the unique purpose of being able to react to potential requests . ### the controller should use all reasonable measures to verify the authenticity of a subject access request , in particular in the context of online services and online identifiers . a controller should not retain personal data for the unique purpose of being able to react to potential requests .


### every natural person should have the right not to be subject to a measure which is based on profiling by means of automated processing . however , such measure should be allowed when expressly authorised by law , carried out in the course of entering or performance of a contract , or when the data subject has given his consent . in any case , such processing should be subject to suitable safeguards , including specific information of the data subject and the right to obtain human intervention and that such measure should not concern a child . ### every natural person should have the right not to be subject to a measure which is based on profiling by means of automated processing . however , any such measure should be allowed when expressly authorised by law , carried out in the course of entering or performance of a contract , or when the data subject has given his consent . in any case , such processing should be subject to suitable safeguards , including specific information of the data subject and the right to obtain human intervention and that such measure should not concern a child . specifically , such processing should never , whether intentionally or not , lead to the discrimination of data subjects on the basis of race or ethnic origin , political opinions , religion or beliefs , trade union membership , or sexual orientation . given the risk of discrimination , such processing should not be used in order to predict very rare characteristics .


### comprehensive responsibility and liability of the controller for any processing of personal data carried out by the controller or on the controller ' s behalf should be established . in particular , the controller should ensure and be obliged to demonstrate the compliance of each processing operation with this regulation . ### comprehensive responsibility and liability of the controller for any processing of personal data carried out by the controller or on the controller ' s behalf should be established in order to ensure accountability . in particular , the controller should ensure and be obliged to demonstrate the compliance of each processing operation with this regulation . otherwise unnecessary data processing may not be justified on the basis of the need to respect this obligation .