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


### the fundamental rights officer shall be responsible for handling complaints received by the agency in accordance with the right to good administration . for this purpose , the fundamental rights officer shall review the admissibility of a complaint , register admissible complaints , forward all registered complaints to the executive director , forward complaints concerning border guards to the home member state and register the follow - up by the agency or that member state . ### the fundamental rights officer shall be responsible for handling complaints received by the agency in accordance with the right to good administration . for this purpose , the fundamental rights officer shall review the admissibility of a complaint , register admissible complaints , forward all registered complaints within three weeks to the executive director , forward complaints concerning border guards to the home member state or third country , including the relevant authority or body competent for fundamental rights , and register and ensure the follow - up by the agency , that member state or that third country . the fundamental rights officer shall inform the complainant of the decision on admissibility , and of the national authorities to which his or her complaint was forwarded . in case the fundamental rights officer found a complaint inadmissible , it shall inform the complainant of the reasons thereof . any decision shall be in written form and reasoned .


### in cases where a member state does not take the necessary corrective action in line with the vulnerability assessment or in the event of disproportionate migratory pressure at the external borders , rendering the control at the external border ineffective to an extent which risks putting in jeopardy the functioning of the schengen area , a unified , rapid and effective response should be delivered at union level . for this purpose , and to ensure better coordination at union level , the commission should identify the measures to be implemented by the european border and coast guard agency and require the member state concerned to cooperate with the agency in the implementation of those measures . the european border and coast guard agency should then determine the actions to be taken for the practical execution of the measures indicated in the commission decision , and an operational plan should be drawn up with the member state concerned . ### in cases where a member state does not take the necessary corrective action in line with the vulnerability assessment or in the event of disproportionate migratory pressure at the external borders , rendering the control at the external border ineffective to an extent which risks putting in jeopardy the functioning of the schengen area , a unified , rapid and effective response should be delivered at union level . for this purpose , and to ensure better coordination at union level , the commission should recommend the measures to be implemented by the european border and coast guard agency and recommend the member state concerned to cooperate with the agency in the implementation of those measures . the european border and coast guard agency should then determine the actions to be taken for the practical execution of the measures indicated in the commission decision , and an operational plan should be drawn up with the member state concerned , unless that member state objects .


### the agency shall ensure regular monitoring of the management of the external borders through liaison officers of the agency in member states . ### the agency shall ensure regular monitoring of the management of the external borders through liaison officers of the agency in all member states with an external land or sea border .


### the tasks of the agency’s liaison officers shall include , in compliance with union law and in accordance with fundamental rights , establishing and maintaining contacts with the competent authorities of the third country to which they are assigned with a view to contributing to the prevention of and fight against irregular immigration and the return of illegally staying third - country nationals . those liaison officers shall coordinate closely with union delegations . ### the tasks of the agency ' s liaison officers shall include , in compliance with union law and in accordance with fundamental rights , establishing and maintaining contacts with the competent authorities of the third country to which they are assigned with a view to contributing to the prevention of and fight against irregular immigration and the return of irregularly staying third - country nationals and to promoting fundamental rights in these areas . those liaison officers shall coordinate closely with union delegations .


### a reporting and evaluation scheme containing benchmarks for the evaluation report and final date of submission of the final evaluation report ; ### a reporting and evaluation scheme containing benchmarks for the evaluation report , including the protection of fundamental rights , and final date of submission of the final evaluation report ;


### only substantiated complaints involving concrete fundamental rights violations shall be admissible . complaints which are anonymous , malicious , frivolous , vexatious , hypothetical or inaccurate shall be excluded from the complaint mechanism . ### complaints which are ill founded , malicious , frivolous , vexatious , hypothetical or unidentifiable shall be excluded from the complaint mechanism . anonymous complaints shall be admissible if they are submitted by third parties acting in good faith in the interest of a complainant .


### where members of the teams are operating in a host member state , that member state shall be liable in accordance with its national law for any damage caused by them during their operations . ### where members of the teams are operating in a host member state , that member state and the agency shall be jointly and severally liable for any damage caused by them during their operations . where members of the teams are operating in a third country , the agency shall be liable for any damage caused by them during their operations .


### the fundamental rights officer shall be responsible for handling complaints received by the agency in accordance with the right to good administration . for this purpose , the fundamental rights officer shall review the admissibility of a complaint , register admissible complaints , forward all registered complaints to the executive director , forward complaints concerning border guards to the home member state and register the follow - up by the agency or that member state . ### the independent complaint body shall be responsible for handling complaints received by the agency in accordance with the right to good administration . for this purpose , the fundamental rights officer with the independent complaint body shall review the admissibility of a complaint , register admissible complaints , forward all registered complaints within three weeks to the executive director , forward complaints concerning border guards to the home member state or third country , including the relevant authority or body competent for fundamental rights , and register and ensure the follow - up by the agency , that member state or that third country . the independent complaint body shall inform the complainant of the decision on admissibility , and of the national authorities to which his or her complaint was forwarded . in case a complaint is found to be inadmissible , it shall inform the complainant of the reasons thereof . any decision shall be in written form and reasoned .


### any person who is directly affected by the actions of staff involved in a joint operation , pilot project , rapid border intervention , return operation or return intervention , and who considers him or herself to have been the subject of a breach of his or her fundamental rights due to those actions , or any third parties intervening on behalf of such a person , may submit a complaint , in writing , to the agency . ### any person who is directly affected by the actions of staff involved in a joint operation , pilot project , rapid border intervention , migration management support teams , return operation or return intervention , and who considers him or herself to have been the subject of a breach of his or her fundamental rights due to those actions , or any third parties intervening on behalf of such a person , may submit a complaint , in writing , to the agency .


### any dispute between member states relating to the application of paragraphs 2 and 3 which cannot be resolved by negotiations between them shall be submitted by them to the court of justice of the european union in accordance with article 273 tfeu . ### any dispute between member states or between a member state and the agency relating to the application of paragraphs 1 , 2 and 3 which cannot be resolved by negotiations between them shall be submitted by them to the court of justice of the european union in accordance with the treaties .


### the tasks of frontex should therefore be expanded and to reflect those changes , it should be renamed european border and coast guard agency . the key role of the european border and coast guard agency should be to establish an operational and technical strategy for the implementation of an integrated border management at union level , to oversee the effective functioning of border control at the external borders , to provide increased operational and technical assistance to member states through joint operations and rapid border interventions , and to ensure the practical execution of measures in case of a situation requiring urgent action at the external borders , as well as to organise , coordinate and conduct return operations and return interventions . ### the tasks of frontex should therefore be expanded and to reflect those changes , it should be renamed european border and coast guard agency . the key role of the european border and coast guard agency should be to establish an operational and technical strategy for the implementation of an integrated border management at union level , to assist member states in ensuring the protection and saving the lives of migrants and refugees , to adopt and promote the highest standards for transparent border management practices in full respect of fundamental rights and the rule of law , to oversee the effective functioning of border control at the external borders , to provide increased operational and technical assistance to member states through joint operations and rapid border interventions , and to ensure the practical execution of measures in case of a situation requiring urgent action at the external borders , as well as to organise , coordinate and conduct return operations and return interventions .


### members of the teams shall , in the performance of their tasks and in the exercise of their powers , fully respect fundamental rights , including access to asylum procedures , and human dignity . any measures taken in the performance of their tasks and in the exercise of their powers shall be proportionate to the objectives pursued by such measures . while performing their tasks and exercising their powers , they shall not discriminate against persons on grounds of sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation . ### members of the teams shall at all times , in the performance of their tasks and in the exercise of their powers , fully respect fundamental rights , including access to asylum procedures , and human dignity . any actions and measures taken in the performance of their tasks and in the exercise of their powers shall be proportionate to the objectives pursued by such measures . while performing their tasks and exercising their powers , they shall not discriminate against persons on grounds of gender , racial or ethnic origin , religion or belief , disability , age , gender identity and sexual orientation or nationality .


### in case of a registered complaint concerning a border guard of a host member state or a member of the teams , including seconded members of the teams or seconded national experts , the home member state shall ensure appropriate follow - up , including disciplinary measures as necessary or other measures in accordance with national law . the relevant member state shall report back to the fundamental rights officer as to the findings and follow - up to a complaint . ### in case of a registered complaint concerning a border guard of a host member state or a member of the teams , or a third country the home member state or the third country shall ensure appropriate follow - up , including disciplinary measures and referral to civil or criminal justice procedures as necessary in accordance with this regulation and national law . the relevant member state or third country shall report back to the fundamental rights officer as to the findings and follow - up to a complaint the latest three months after having received the complaint and , if necessary , every six weeks thereafter . in case the relevant member state or third country does not report back , the agency shall send a letter of warning recalling the possible actions which the agency can take if no follow - up is received to the letter .


### in the performance of its tasks , in its relations with member states and in its cooperation with third countries , the agency shall take into account the reports of the consultative forum and the fundamental rights officer . ### in the performance of all its tasks , including the further development and implementation of an effective mechanism to monitor the respect for fundamental rights , in its relations with member states and in its cooperation with third countries , the agency shall ensure appropriate follow - up to the reports of the consultative forum and the fundamental rights officer . the agency shall inform the consultative forum and fundamental rights officer whether and how it has altered its approach as a response to the reports and recommendations of these bodies and include details in its annual report .


### any dispute between member states relating to the application of paragraphs 2 and 3 which cannot be resolved by negotiations between them shall be submitted by them to the court of justice of the european union in accordance with article 273 tfeu . ### any dispute between member states or between a member state and the agency relating to the application of paragraph 3 which cannot be resolved by negotiations between them shall be submitted by them to the court of justice of the european union , without prejudice to article 273 tfeu .


### in accordance with directive 2008 / 115 / ec , and without entering into the merits of return decisions , the agency shall provide the necessary assistance and , at the request of one or several participating member states , ensure the coordination or the organisation of return operations , including through the chartering of aircraft for the purpose of such operations . the agency may , on its own initiative , propose to member states to coordinate or organise return operations . ### in accordance with directive 2008 / 115 / ec , and without entering into the merits of return decisions , the agency shall provide the necessary assistance and , at the request of one or several participating member states , ensure the coordination or the organisation of return operations , including through the chartering of aircraft for the purpose of such operations .


### the agency may communicate on its own initiative in the fields within its mission . it shall make public the consolidated annual activity report referred to in article 61 and ensure in particular that the public and any interested party are rapidly given objective , reliable and easily understandable information with regard to its work . ### the agency shall communicate on its own initiative in the fields within its mission . it shall make public the annual activity report referred to in article 61 and ensure in particular that the public and any interested party are rapidly given objective , detailed , reliable and easily understandable information with regard to its work without revealing operational information which , if made public , would jeopardise attainment of the objective of operations .


### participate in the development and management of research and innovation activities relevant for the control and surveillance of external borders , including the use of advanced surveillance technology such as remotely piloted aircraft systems and develop pilot projects regarding matters covered by this regulation ; ### participate in the development and management of research and innovation activities relevant for the control and surveillance of external borders and develop pilot projects regarding matters covered by this regulation ;


### member states shall , at the request of the agency , provide information as regards technical equipment , staff and financial resources available at national level to carry out border control and they shall submit their contingency plans . ### member states shall , at the request of the agency , provide information necessary for the vulnerability assessment , in particular as regards the state of functioning of all procedures at the border , technical equipment , staff and financial resources available at national level to carry out border control and they shall submit their contingency plans .


### the commission may screen foreign direct investments that are likely to affect projects or programmes of union interest on the grounds of security or public order . ### the commission shall screen foreign direct investments that are likely to affect projects or programmes of union interest on the grounds of security , public order , fundamental rights or the protection of key technologies .


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


### a mechanism which enables member states to cooperate and assist each other where a foreign direct investment in one member state may affect the security or public order of other member states should be set up . member states should be able to provide comments to a member state in which the investment is planned or has been completed , irrespective of whether the member states providing comments or the member states in which the investment is planned or has been completed maintain a screening mechanism or are screening the investment . the comments of member states should also be forwarded to the commission . the commission should also have the possibility , where appropriate , to issue an opinion to the member state in which the investment is planned or has been completed , irrespective of whether this member state maintains a screening mechanism or is screening the investment and irrespective of whether other member states have provided comments . ### a mechanism which enables member states to cooperate and assist each other where a foreign direct investment in one member state may affect the security , public order , fundamental rights or the protection of key technologies of other member states should be set up . member states should be able to provide comments to a member state in which the investment is planned , irrespective of whether the member states providing comments or the member states in which the investment is planned maintain a screening mechanism or are screening the investment . the comments of member states should also be forwarded to the commission . the commission should also have the possibility , where appropriate , to issue an opinion to the member state in which the investment is planned , irrespective of whether this member state maintains a screening mechanism or is screening the investment and irrespective of whether other member states have provided comments .


### ' foreign investor ' means a natural person of a third country or an undertaking of a third country intending to make or having made a foreign direct investment ; ### ' foreign investor ' means a natural person of a third country or an undertaking of a third country intending to make or having made a foreign direct investment as well as a natural person or an undertaking based in a member state but effectively controlled or financed by a third country ;


### where the commission considers that a foreign direct investment is likely to affect projects or programmes of union interest on grounds of security or public order , the commission should have the possibility to address an opinion to the member states in which such investment is planned or completed within a reasonable timeframe . the member states should take utmost account of the opinion and provide an explanation to the commission if they do not follow this opinion , in compliance with their duty of sincere cooperation under article 4 teu . the commission should also have the possibility to request from those member states the information necessary for its screening of such investment . ### where the commission considers that a foreign direct investment is likely to affect projects or programmes of union interest on the grounds of security , public order , fundamental rights or the protection of key technologies , the commission should have the possibility to address an opinion to the member states in which such investment is planned within a reasonable timeframe . the member states should take utmost account of the opinion and provide an explanation to the commission if they do not follow this opinion , in compliance with their duty of sincere cooperation under article 4 teu . the commission should also have the possibility to request from those member states the information necessary for its screening of such investment .


### member states shall ensure that the information requested by the commission and other member states pursuant to articles 8 and 9 is made available to the commission and the requesting member states without undue delay . ### member states shall ensure that the information requested by the commission and other member states pursuant to articles 8and 9 is made available to the commission and the requesting member states without undue delay and within the timeframe&#160 ; set out in&#160 ; article 6 .


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


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


### this regulation establishes a framework for the screening by the member states and the commission of foreign direct investments in the union on the grounds of security or public order . ### this regulation establishes a framework for the screening by the member states and the commission of foreign direct investments in the union on the grounds of security , public order or strategic interest .


### in determining whether a foreign direct investment is likely to affect security or public order , member states and the commission may take into account whether the foreign investor is controlled by the government of a third country , including through significant funding . ### in determining whether a foreign direct investment is likely to affect security , public order , fundamental rights or the protection of key technologies , member states and the commission may take into account whether the foreign investor is controlled by the government of a third country , including through significant funding and whether that government fully respects international human rights law , international humanitarian law , and is complying with relevant international arms control norms such as the arms trade treaty .


### pursuant to the international commitments undertaken in the world trade organisation , the organisation for economic cooperation and development , and in the trade and investment agreements concluded with third countries , the union and members states may adopt restrictive measures relating to foreign direct investment on the grounds of security or public order , subject to certain requirements . ### pursuant to the international commitments undertaken in the world trade organisation , the organisation for economic cooperation and development , and in the trade and investment agreements concluded with third countries , the union and members states may adopt restrictive measures relating to foreign direct investment on the grounds of security , public order , fundamental rights or the protection of key technologies , subject to certain requirements .


### to guide member states and the commission in the application of the regulation , it is appropriate to provide a list of factors that may be taken into consideration when screening foreign direct investment on the grounds of security or public order . this list will also improve transparency of the screening process for investors considering making or having made foreign direct investments in the union . this list of factors that may affect security or public order should remain non - exhaustive . ### to guide member states and the commission in the application of the regulation , it is appropriate to provide a list of factors that may be taken into consideration when screening foreign direct investment on the grounds of security , public order , fundamental rights or the protection of key technologies . this list will also improve transparency of the screening process for investors considering making or having made foreign direct investments in the union . this list of factors that may affect security , public order , fundamental rights or the protection of key technologies should remain non - exhaustive .


### this regulation establishes a framework for the screening by the member states and the commission of foreign direct investments in the union on the grounds of security or public order . ### this regulation establishes a framework for the screening by the member states and the commission of foreign direct investments in the union on the grounds of security , public order , fundamental rights or the protection of key technologies .


### the commission shall evaluate and present to the european parliament and the council a report on the application of this regulation no later than 3 years after its entry into force . member states shall be involved in this exercise and shall provide the commission with necessary information for the preparation of that report . ### the commission shall evaluate and present to the european parliament and the council a report on the application of this regulation no later than 3 years after its entry into force and after that at intervals of three years . member states shall be involved in this exercise and shall provide the commission with necessary information for the preparation of that report .


### in determining whether a foreign direct investment is likely to affect security or public order , member states and the commission may take into account whether the foreign investor is controlled by the government of a third country , including through significant funding . ### in determining whether a foreign direct investment is likely to affect security , public order or strategic interest , member states and the commission shall take into account whether the foreign investor is controlled by the government of a third country , directly or indirectly , by any method .


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


### re - use of documents may be allowed without or with conditions , where appropriate through a licence . those conditions shall not unnecessarily restrict possibilities for re - use and shall not be used to restrict competition . ### re - use of documents shall be allowed with as few restrictions and conditions as possible , where appropriate through a licence or through dedication to the public domain . where those conditions apply , they shall not restrict possibilities for re - use or competition .


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


### in order to set in place conditions supporting the re - use of documents which is associated with important socio - economic benefits having a particular high value for economy and society , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of the adoption of a list of high - value datasets among the documents to which this directive applies , along with the modalities of their publication and re - use . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement of 13 april 2016 on better law - making . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states ' experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts . ### in order to set in place conditions supporting the re - use of documents which is associated with important civic or socio - economic benefits having a particular high value for economy and society , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in order to extend the list of categories of high value datasets set out in annex iia , and to further specify the high value datasets among the documents to which this directive applies , along with the modalities of their publication and re - use . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement of 13 april 2016 on better law - making . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states ' experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts .


### the directive lays down an obligation for member states to make all documents re - usable unless access is restricted or excluded under national rules on access to documents and subject to the other exceptions laid down in this directive . the directive builds on the existing access regimes in the member states and does not change the national rules for access to documents . it does not apply in cases in which citizens or companies can , under the relevant access regime , only obtain a document if they can prove a particular interest . at union level , articles 41 and 42 of the charter of fundamental rights of the european union recognise the right of any citizen of the union and any natural or legal person residing or having its registered office in a member state to have access to european parliament , council and commission documents . public sector bodies should be encouraged to make available for re - use any documents held by them . public sector bodies should promote and encourage re - use of documents , including official texts of a legislative and administrative nature in those cases where the public sector body has the right to authorise their re - use . ### the directive lays down an obligation for member states to make all documents re - usable without prejudice to the exceptions laid down in this directive , allowing member states to restrict or exclude certain documents from access . the directive builds on the existing access regimes in the member states and does not change the national rules for access to documents . it does not apply in cases in which citizens or companies can , under the relevant access regime , only obtain a document if they can prove a particular interest . at union level , articles 41 and 42 of the charter of fundamental rights of the european union recognise the right of any citizen of the union and any natural or legal person residing or having its registered office in a member state to have access to european parliament , council and commission documents . public sector bodies should be encouraged to make available for re - use any documents held by them . public sector bodies should promote and encourage re - use of documents , including official texts of a legislative and administrative nature in those cases where the public sector body has the right to authorise their re - use .


### re - use of documents may be allowed without or with conditions , where appropriate through a licence . those conditions shall not unnecessarily restrict possibilities for re - use and shall not be used to restrict competition . ### re - use of documents shall be allowed without or with as few restrictions and conditions as possible , where appropriate through a licence or through dedication to the public domain . where those conditions apply , they&#160 ; shall not restrict possibilities for re - use or competition .


### ' confiscation order ' means a final penalty or measure imposed by a court following proceedings in relation to a criminal offence , resulting in the final deprivation of property from a natural or legal person ; ### ' confiscation order ' means a final penalty or measure imposed by a court or a competent authority following proceedings in relation to a criminal or civil offence , resulting in the final deprivation of property from a natural or legal person ;


### ' issuing state ' means the member state in which a freezing order or a confiscation order is issued within the framework of criminal proceedings ; ### ' issuing state ' means the member state in which a freezing order or a confiscation order is issued within the framework of criminal and administrative proceedings ;


### this regulation should be applied taking into account directives 2010 / 64 / eu30 , 2012 / 13 / eu31 , 2013 / 48 / eu32 , 2016 / 34333 , 2016 / 80034 and 2016 / 1919 of the european parliament and of the council35 , which concern procedural rights in criminal proceedings . _________________ 30 directive 2010 / 64 / eu of the european parliament and of the council of 20 october 2010 on the right to interpretation and translation in criminal proceedings . 31 directive 2012 / 13 / eu of the european parliament and of the council of 22 may 2012 on the right to information in criminal proceedings . 32 directive 2013 / 48 / eu of the european parliament and of the council of 22 october 2013 on the right of access to a lawyer in criminal proceedings and in european arrest warrant proceedings , and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty . 33 directive 2016 / 343 of the european parliament and of the council of 9 march 2016 on the strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings . 34 directive 2016 / 800 of the european parliament and of the council of 11 may 2016 on procedural safeguards for children who are suspects or accused persons in criminal proceedings . 35 directive 2016 / 1919 of the european parliament and of the council of 26 october 2016 on legal aid for suspects and accused persons in criminal proceedings and for requested persons in european arrest warrant proceedings . ### this regulation should be applied taking into account directives 2010 / 64 / eu30 , 2012 / 13 / eu31 , 2013 / 48 / eu32 , 2016 / 34333 , 2016 / 80034 and 2016 / 1919 of the european parliament and of the council35 , which concern procedural rights in criminal proceedings . where non - conviction based confiscations constitute preventive confiscations following proceedings in relation to criminal activities , it is extremely important to ensure that the following strict conditions are met : non - conviction based confiscations should only be imposed against a finite list of possible targets identified by law , such as suspects of organised crime or of terrorism ; the prosecution should prove that the property provenance cannot be justified and that the property to be confiscated is either disproportionate with regard to the declared income or the activity carried out or is of illicit origin or the result of reinvestment of the proceeds of crime ; and effective procedural safeguards should be in place in order to ensure that the targets of non - conviction based confiscations have the right to a fair trial and the right to an effective remedy and that their presumption of innocence is respected . _________________ 30 directive 2010 / 64 / eu of the european parliament and of the council of 20 october 2010 on the right to interpretation and translation in criminal proceedings . 31 directive 2012 / 13 / eu of the european parliament and of the council of 22 may 2012 on the right to information in criminal proceedings . 32 directive 2013 / 48 / eu of the european parliament and of the council of 22 october 2013 on the right of access to a lawyer in criminal proceedings and in european arrest warrant proceedings , and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty . 33 directive 2016 / 343 of the european parliament and of the council of 9 march 2016 on the strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings . 34 directive 2016 / 800 of the european parliament and of the council of 11 may 2016 on procedural safeguards for children who are suspects or accused persons in criminal proceedings . 35 directive 2016 / 1919 of the european parliament and of the council of 26 october 2016 on legal aid for suspects and accused persons in criminal proceedings and for requested persons in european arrest warrant proceedings .


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


### any other competent authority as defined by the issuing state which has competence in criminal proceedings to order the freezing of property or to execute a freezing order in accordance with national law . in addition , before it is transmitted to the executing authority the freezing order shall be validated , after examination of its conformity with the conditions for issuing such an order under this regulation , in particular the conditions set out in article 13 , by a judge , court , investigating judge or a public prosecutor in the issuing state . where the order has been validated by such an authority , that authority may also be regarded as an issuing authority for the purposes of transmission of the order ; ### any other competent authority as defined by the issuing state which has competence in criminal or administrative proceedings to order the freezing of property or to execute a freezing order in accordance with national law . in addition , before it is transmitted to the executing authority the freezing order shall be validated , after examination of its conformity with the conditions for issuing such an order under this regulation , in particular the conditions set out in article 13 , by a judge , court , investigating judge or a public prosecutor in the issuing state . where the order has been validated by such an authority , that authority may also be regarded as an issuing authority for the purposes of transmission of the order ;


### a shared biometric matching service storing biometric templates and enabling querying with biometric data across several eu information systems is established for the purposes of supporting the cir and the multiple - identity detector and the objectives of the ees , the vis , eurodac , the sis and [ the ecris - tcn system ] . ### a shared biometric matching service enabling querying with biometric data across several eu information systems is established for the purposes of supporting the objectives of the ees , the vis , eurodac , the sis and [ the ecris - tcn system ] .


### a central repository for reporting and statistics should be established to generate cross - system statistical data and analytical reporting for policy , operational and data quality purposes . eu - lisa should establish , implement and host the crrs in its technical sites containing anonymous statistical data from the above - mentioned systems , the common identity repository , the multiple - identity detector and the shared biometric matching service . the data contained in the crrs should not enable the identification of individuals . eu - lisa should render the data anonymous and should record such anonymous data in the crrs . the process for rendering the data anonymous should be automated and no direct access by eu - lisa staff should be granted to any personal data stored in the eu information systems or in the interoperability components . ### functionalities for reporting and statistics should be established to generate cross - system statistical data and analytical reporting for policy , operational and data quality purposes . eu - lisa should develop these functionalities to extract anonymous statistical data from the above - mentioned systems and the shared biometric matching service . eu - lisa should render the data anonymous . the process for rendering the data anonymous should be automated and no direct access by eu - lisa staff should be granted to any personal data stored in the eu information systems or in the interoperability components .


### the member state responsible for the manual verification of different identities as referred to in article 29 or the member state to which the request has been made shall reply to such requests within 45 days of receipt of the request . ### the member state responsible for the manual verification of different identities as referred to in article 29 or the member state to which the request has been made shall reply to such requests within 15 days of receipt of the request .


### in order to allow competent authorities and the eu bodies to adapt to the new requirements on the use of the european search portal , it is necessary to provide for a transitional period . similarly , in order to allow for the coherent and optimal functioning of the multiple - identity detector , transitional measures should be established for the start of its operations . ### in order to allow competent authorities and the eu bodies to adapt to the new requirements on the use of the european search portal , it is necessary to provide for a transitional period .


### the use of the esp shall be reserved to the member state authorities and eu bodies having access to the ees , [ the etias ] , the vis , the sis , eurodac and [ the ecris - tcn system ] , to the cir and the multiple - identity detector as well as the europol data and the interpol databases in accordance with union or national law governing such access . ### the use of the esp shall be reserved to the member state authorities and eu agencies having access to the ees , [ the etias ] , the vis , the sis , eurodac and [ the ecris - tcn system ] as well as the europol data and the interpol databases in accordance with union or national law governing such access .


### a european search portal is established for the purposes of ensuring that member state authorities and eu bodies have fast , seamless , efficient , systematic and controlled access to the eu information systems , the europol data and the interpol databases that they need to perform their tasks in accordance with their access rights and of supporting the objectives of the ees , the vis , [ the etias ] , eurodac , the sis , [ the ecris - tcn system ] and the europol data . ### a european search portal is established for the purposes of facilitating the access of member state authorities and of union agencies to the union information systems , to europol data and to the interpol databases in the performance of their tasks and in accordance with their access rights to and the objectives and purposes of the ees , vis , [ etias ] , eurodac , sis , [ ecris - tcn ] and europol data .


### the authorities referred to in paragraph 1 shall use the esp to search data related to persons or their travel documents in the central systems of eurodac and [ the ecris - tcn system ] in accordance with their access rights under union and national law . they shall also use the esp to query the cir in accordance with their access rights under this regulation for the purposes referred to in articles 20 , 21 and 22 . ### the authorities referred to in paragraph 1 shall use the esp to search data related to persons or their travel documents in the central systems of eurodac and [ the ecris - tcn system ] in accordance with their access rights under union and national law .


### facilitating the technical and operational implementation by member states of existing and future eu information systems ; ### contributing to ensuring the effective use of the union information systems , europol data and the interpol databases by facilitating the access to them by the authorities in accordance with their access rights and the objectives and purposes as laid down in the legal instruments governing the respective systems ;


### a european search portal is established for the purposes of ensuring that member state authorities and eu bodies have fast , seamless , efficient , systematic and controlled access to the eu information systems , the europol data and the interpol databases that they need to perform their tasks in accordance with their access rights and of supporting the objectives of the ees , the vis , [ the etias ] , eurodac , the sis , [ the ecris - tcn system ] and the europol data . ### a european search portal is established for the purposes of facilitating the access in specific cases and under specific conditions of member state authorities and of union agencies to the union information systems , the europol data and the interpol databases in the performance of their tasks and in accordance with their access rights and the objectives and purposes of the ees , the vis , [ the etias ] , eurodac , the sis , [ the ecris - tcn system ] and the europol data .


### strengthening and simplifying and making more uniform the data security and data protection conditions that govern the respective eu information systems ; ### strengthening and making more uniform the data security and data protection conditions that govern the respective eu information systems ;


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


### when querying the interpol databases , the design of the esp shall ensure that the data used by the user of the esp to launch a query is not shared with the owners of interpol data . ### when querying the interpol databases , the design of the esp shall ensure that the data used by the user of the esp to launch a query is not shared with the owners of interpol data . any data from the interpol databases and originating from a third country shall be marked as such , in order to warn the user about possible misuses of interpol for political purposes .


### while respecting the provisions of national law on the publication of sensitive information , each member state and europol shall prepare annual reports on the effectiveness of access to data stored in the common identity repository for law enforcement purposes , containing information and statistics on : ### while respecting the provisions of national law on the publication of sensitive information , each member state and europol shall prepare annual reports on the effectiveness of access to data through the esp and the shared bms for law enforcement purposes , containing information and statistics on :


### the umf standard shall be used in the development of the [ eurodac ] , the [ ecris - tcn system ] , the european search portal , the cir , the mid and , if appropriate , in the development by eu - lisa or any other eu body of new information exchange models and information systems in the area of justice and home affairs . ### the umf standard shall be used in the development of the [ eurodac ] , the [ ecris - tcn system ] , the european search portal , and , if appropriate , in the development by eu - lisa or any other eu body of new information exchange models and information systems in the area of justice and home affairs .


### a secure communication infrastructure between the shared bms , central - sis and the cir . ### a secure communication infrastructure between the shared bms and the ees , the vis , eurodac , [ the ecris - tcn system ] and the central - sis .


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


### the interoperability between the eu information systems should allow said systems to supplement each other in order to facilitate the correct identification of persons , contribute to fighting identity fraud , improve and harmonise data quality requirements of the respective eu information systems , facilitate the technical and operational implementation by member states of existing and future eu information systems , strengthen and simplify the data security and data protection safeguards that govern the respective eu information systems , streamline the law enforcement access to the ees , the vis , the [ etias ] and eurodac , and support the purposes of the ees , the vis , the [ etias ] , eurodac , the sis and the [ ecris - tcn system ] . ### the interconnectivity between the eu information systems should allow said systems to crosscheck each other in order to contribute to fighting identity fraud , improve and harmonise data quality requirements of the respective eu information systems , facilitate the technical and operational implementation by member states of existing and future eu information systems , strengthen the data security and data protection safeguards that govern the respective eu information systems .


### without prejudice to the right of information referred to in articles 11 and 12 of regulation 45 / 2001 and articles 13 and 14 of regulation 2016 / 679 , persons whose data are stored in the shared biometric matching service , the common identity repository or the multiple - identity detector shall be informed by the authority collecting their data , at the time their data are collected , about the processing of personal data for the purposes of this regulation , including about identity and contact details of the respective data controllers , and about the procedures for exercising their rights of access , rectification and erasure , as well as about the contact details of the european data protection supervisor and of the national supervisory authority of the member state responsible for the collection of the data . ### without prejudice to the right of information referred to in articles 11 and 12 of regulation 45 / 2001 and articles 13 and 14 of regulation 2016 / 679 , persons whose data are stored in the shared biometric matching service shall be informed by the authority collecting their data , at the time their data are collected , about the processing of personal data for the purposes of this regulation , including about identity and contact details of the respective data controllers , and about the procedures for exercising their rights of access , rectification and erasure , as well as about the contact details of the european data protection supervisor and of the national supervisory authority of the member state responsible for the collection of the data .


### eu - lisa shall establish automated data quality control mechanisms and procedures on the data stored in the sis , eurodac , [ the ecris - tcn system ] , the shared biometric matching service , the common identity repository and the multiple - identity detector . ### eu - lisa shall establish automated data quality control mechanisms and procedures on the data stored in or accessed through the sis , eurodac , [ the ecris - tcn system ] and the shared biometric matching service .


### with a view to improve the management of the external borders , to contribute to preventing and combating irregular migration and to contribute to a high level of security within the area of freedom , security and justice of the union , including the maintenance of public security and public policy and safeguarding the security in the territories of the member states , interoperability between eu information systems , namely the entry / exit system , the visa information system , [ the european travel information and authorisation system ] , eurodac , the schengen information system , and the [ european criminal records information system for third - country nationals ] should be established in order for these eu information systems and their data to supplement each other . to achieve this , a european search portal , a shared biometric matching service , a common identity repository and a multiple - identity detector should be established as interoperability components . ### with a view to improve the management of the external borders , to contribute to preventing and combating irregular migration and to contribute to a high level of security within the area of freedom , security and justice of the union , including the maintenance of public security and public policy and safeguarding the security in the territories of the member states , interoperability between eu information systems , namely the entry / exit system , the visa information system , [ the european travel information and authorisation system ] , eurodac , the schengen information system , and the [ european criminal records information system for third - country nationals ] should be established in order for these eu information systems and their data to supplement each other . to achieve this , a european search portal and a shared biometric matching service should be established as interoperability components .


### a central repository for reporting and statistics should be established to generate cross - system statistical data and analytical reporting for policy , operational and data quality purposes . eu - lisa should establish , implement and host the crrs in its technical sites containing anonymous statistical data from the above - mentioned systems , the common identity repository , the multiple - identity detector and the shared biometric matching service . the data contained in the crrs should not enable the identification of individuals . eu - lisa should render the data anonymous and should record such anonymous data in the crrs . the process for rendering the data anonymous should be automated and no direct access by eu - lisa staff should be granted to any personal data stored in the eu information systems or in the interoperability components . ### functionalities for reporting and statistics should be established to generate cross - system statistical data and analytical reporting for policy , operational and data quality purposes . eu - lisa should develop these functionalities to extract anonymous statistical data from the above - mentioned systems and the shared biometric matching service . eu - lisa should render the data anonymous . the process for rendering the data anonymous should be automated and no direct access by eu - lisa staff should be granted to any personal data stored in the eu information systems or in the interoperability components .


### to ensure fast and systematic use of all eu information systems , the european search portal should be used to query the common identity repository , the ees , the vis , [ the etias ] , eurodac and [ the ecris - tcn system ] . however , the national connection to the different eu information systems should remain in order to provide a technical fall back . the esp should also be used by union bodies to query the central sis in accordance with their access rights and in order to perform their tasks . the esp should be an additional means to query the central sis , the europol data and the interpol systems , complementing the existing dedicated interfaces . ### to ensure fast and seamless use of all eu information systems , the european search portal should be used to query the ees , the vis , [ the etias ] , eurodac and [ the ecris - tcn system ] . however , the national connection to the different eu information systems should remain in order to provide a technical fall back . the esp should also be used by union bodies to query the central sis in accordance with their access rights and in order to perform their tasks . the esp should be an additional means to query the central sis , the europol data and the interpol systems , complementing the existing dedicated interfaces .


### processing of personal data for the purposes of this regulation shall not result in discrimination against persons on any grounds such as sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation . it shall fully respect human dignity and integrity . particular attention shall be paid to children , the elderly and persons with a disability . ### this regulation respects the fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union and shall be applied in accordance with those rights and principles . processing of personal data for the purposes of this regulation shall not result in discrimination against persons on any grounds such as sex , race , colour , ethnic or social origin , religion or belief , disability , age or sexual orientation . it shall fully respect human dignity and integrity . particular attention shall be paid to children , persons in need of international protection , the elderly and persons with a disability .


### a european search portal is established for the purposes of ensuring that member state authorities and eu bodies have fast , seamless , efficient , systematic and controlled access to the eu information systems , the europol data and the interpol databases that they need to perform their tasks in accordance with their access rights and of supporting the objectives of the ees , the vis , [ the etias ] , eurodac , the sis , [ the ecris - tcn system ] and the europol data . ### a european search portal is established for the purposes of facilitating the access of member state authorities and of union agencies to the union information systems , to europol data and to the interpol databases in the performance of their tasks and in accordance with their access rights to and the objectives and purposes of the ees , vis , [ etias ] , eurodac , sis , [ ecris - tcn ] and europol data .


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


### facilitating the technical and operational implementation by member states of existing and future eu information systems ; ### contributing to ensuring the effective use of the union information systems , europol data and the interpol databases by facilitating the access to them in specific cases and under specific conditions by the authorities in accordance with their access rights and the objectives and purposes as laid down in the legal instruments governing the respective systems ;


### emerging technologies in food production processes may have an impact on food and thereby on food safety . therefore , it should also be clarified that a food should be considered as a novel food where a production process which was not previously used for food production in the union is applied to that food or when foods contain or consist of engineered nanomaterials , as defined in article 2 of regulation no 1169 / 2011 of the european parliament and of the council16 . __________________ 16 regulation no 1169 / 2011 of the european parliament and of the council of 25 october 2011 on the provision of food information to consumers , amending regulation no 1924 / 2006 and no 1925 / 2006 of the european parliament and of the council , and repealing commission directive 87 / 250 / eec , council directive 90 / 496 / eec , commission directive 1999 / 10 / ec , directive 2000 / 13 / ec of the european parliament and of the council , commission directive 2002 / 67 / ec and 2008 / 5 / ec and commission regulation . ### emerging technologies in food production processes have an impact on food and thereby on food safety , consumer health and the environment . therefore , it should also be clarified that a food should be considered as a novel food where a production process which was not previously used for food production in the union is applied to that food .


### scientific evidence demonstrating that the novel food does not pose a safety risk to human health ; ### independent , peer - reviewed , publically available scientific evidence demonstrating that the novel food does not pose a safety risk to human health or the environment ;


### novel foods should not be placed on the market or used in food for human consumption unless they are included in a union list of novel foods authorised to be placed on the market within the union . therefore , it is appropriate to establish , by means of an implementing act , a union list of novel foods by entering novel foods already authorised or notified in accordance with article 4 , 5 or 7 of regulation no 258 / 97 in the union list , including any existing authorisation conditions . as those novel foods have already been evaluated for their safety , have been legally produced and marketed in the union and have not given rise to health concerns in the past , the advisory procedure should be used for the initial establishment of the union list . ### novel foods should not be placed on the market or used in food for human consumption unless they are included in a union list of novel foods authorised to be placed on the market within the union . therefore , it is appropriate to establish a union list of novel foods by entering novel foods already authorised or notified in accordance with article 4 , 5 or 7 of regulation no 258 / 97 in the union list , including any existing authorisation conditions .


### when there is a significant change in the production process of a substance that has been used in accordance with directive 2002 / 46 / ec , regulation no 1925 / 2006 or regulation no 609 / 2013 , or a change in particle size of such a substance , for example through nanotechnology , it may have an impact on food and thereby on food safety . therefore , that substance should be considered a novel food under this regulation and should be re - evaluated first in accordance with this regulation and subsequently in accordance with the relevant specific legislation . ### when there is a significant change in the production process of a substance that has been used in accordance with directive 2002 / 46 / ec , regulation no 1925 / 2006 or regulation no 609 / 2013 , it has an impact on food and thereby on food safety , consumer health and the environment . therefore , that substance should be considered a novel food under this regulation and should be re - evaluated first in accordance with this regulation and subsequently in accordance with the relevant specific legislation . when there is a change in the particle size of such a substance , for example through nanotechnology , the substance must be prohibited .


### the procedure for authorising the placing on the market within the union of a novel food and updating of the union list provided for in article 8 shall start either on the commission ' s initiative or following an application to the commission by an applicant . ### the procedure for authorising the placing on the market within the union of a novel food and updating of the union list provided for in article 8 shall start either on the commission ' s initiative or following an application to the commission by an applicant . the commission shall forward the application to member states and make it available to the public on its website .


### a high level of protection of human health and of consumers’ interests and the effective functioning of the internal market should be assured in the pursuit of union food policies , whilst ensuring transparency . ### a high level of protection of human health and of consumers’ interests , of the environment and animal welfare , and the effective functioning of the internal market should be assured in the pursuit of union food policies , whilst ensuring transparency . at all times , moreover , the precautionary principle as laid down in regulation no 178 / 2002 of the european parliament and of the council of 28 january 2002 laying down the general principles and requirements of food law , establishing the european food safety authority and laying down procedures in matters of food safety 1 a , should be applied . __________________ 1 a oj l 31 , 1 . 2 . 2002 , p . 1 .


### the commission may request efsa to render its opinion if the update is liable to have an effect on human health . ### the commission shall forward the valid application to efsa and request efsa to render its opinion .


### food to which a new production process not used for food production within the union before 15&#160 ; may 1997 is applied , where that production process gives rise to significant changes in the composition or structure of the food which affect its nutritional value , the way it is metabolised or the level of undesirable&#160 ; substances ; ### food to which a new production process not used for food production within the union before 15&#160 ; may 1997 is applied , where that production process gives rise to significant changes in the composition or structure of the food which affect its nutritional value , the way it is metabolised , the level of undesirable&#160 ; substances , &#160 ; or where that production process might give rise to ethical concerns ;


### novel foods should be authorised and used only if they fulfil the criteria laid down in this regulation . novel foods should be safe and their use should not mislead the consumer . therefore , where a novel food is intended to replace another food , it should not differ from that food in a way that would be nutritionally less advantageous for the consumer . ### novel foods should be authorised and used only if they fulfil the criteria laid down in this regulation . novel foods should be safe and their use should not mislead the consumer , which implies clear and precise labelling . therefore , where a novel food is intended to replace another food , it should not differ from that food in a way that would be nutritionally less advantageous for the consumer , or have negative effects on their health . the assessment of the safety of a novel food should be based on the precautionary principle as laid down in article 7 of regulation no 178 / 2002 .


### it is appropriate to authorise a novel food by updating the union list subject to the criteria and the procedures laid down in this regulation . a procedure that is efficient , time - limited and transparent should be put in place . as regards traditional foods from third countries having a history of safe use it is appropriate to provide for a faster and simplified procedure to update the union list if no reasoned safety objections are expressed . as the updating of the union list implies the application of criteria laid down in this regulation , implementing powers should be conferred on the commission in that respect . ### it is appropriate to authorise a novel food by updating the union list subject to the criteria and the procedures laid down in this regulation . a procedure that is efficient , time - limited and transparent should be put in place . as regards traditional foods from third countries having a history of safe use it is appropriate to provide for a faster and simplified procedure to update the union list if no reasoned safety objections are expressed . the power to adopt acts in accordance with article 290 tfeu should therefore be delegated to the commission , in order to update the list .


### this regulation lays down rules for the placing of novel foods on the market within the union in order to ensure the effective functioning of the internal market while providing a high level of protection of human health and consumer interests . ### this regulation lays down rules for the placing of novel foods on the market within the union in order to ensure the effective functioning of the internal market while providing a high level of protection of human health and consumer interests and prohibiting the placing on the market of foods in which nanomaterials are used ,


### the entry for a novel food in the union list provided for in paragraph 2 shall include where relevant : ### the entry for a novel food in the union list provided for in paragraph 2 shall include :


### food business operators shall consult a member state where they are unsure whether or not a food which they intend to place on the market within the union falls within the scope of this regulation . in that case , food business operators shall provide the necessary information to the member state on request to enable it to determine in particular the extent to which the food in question was used for human consumption within the union before 15 may 1997 . ### food business operators shall consult a member state where they are unsure whether or not a food which they intend to place on the market within the union falls within the scope of this regulation . in that case , food business operators shall provide all the necessary information to the member state to enable it to determine whether or not a food falls within the scope of this regulation .


### ' 3 . the commission shall , as appropriate , present proposals for measures to strengthen and complement the enforcement of the essential requirements and to ensure that new packaging is put on the market only if the producer has taken all necessary measures to minimise its environmental impact without compromising the essential functions of the packaging . ' ### in article 4 , paragraph 3 is replaced by the following : ' 3 . the commission shall , as appropriate , present proposals for measures to strengthen and complement the enforcement of the essential requirements and to ensure that packaging is put on the market only if the producer has taken all necessary measures to minimise its environmental impact without compromising the essential functions of the packaging . the commission shall in particular propose measures concerning non - recyclable packaging , packaging containing hazardous substances , disposable and excess packaging , as well as evaluating new packaging material , and assess their impact at union level . '


### 75% of wood ; ### 80% of wood ;


### ' 3 . the commission shall , as appropriate , present proposals for measures to strengthen and complement the enforcement of the essential requirements and to ensure that new packaging is put on the market only if the producer has taken all necessary measures to minimise its environmental impact without compromising the essential functions of the packaging . ' ### in article 4 , paragraph 3 is replaced by the following : ' 3 . the commission shall , present proposals by 2020 to strengthen , upgrade and complement the enforcement of the essential requirements to improve the eco - design , reusability and recyclability of packaging as well as to phase out all hazardous materials in packaging . '


### no later than 31 december 2025 a minimum of 65% by weight of all packaging waste will be prepared for reuse and recycled ; ### no later than 31 december 2025 a minimum of 70% by weight of all packaging waste generated will be prepared for reuse and recycled ;


### 75% of aluminium ; ### 80% of aluminium ;


### 75% of ferrous metal ; ### 80% of ferrous metal ;


### biodegradable packaging biodegradable packaging waste shall be of such a nature that it is capable of undergoing physical , chemical , thermal or biological decomposition such that most of the finished compost ultimately decomposes into carbon dioxide , biomass and water . ### in annex ii , point 3 , point d is replaced by the following : biodegradable packaging biodegradable packaging waste shall be of such a nature that it is capable of undergoing physical , chemical , thermal or biological decomposition such that most of the finished compost ultimately decomposes into carbon dioxide , biomass and water . oxo - degradable plastic packaging shall not be considered as biodegradable .


### member states may encourage reuse systems of packaging , which can be reused in an environmentally sound manner , in conformity with the treaty . ### in article 5 , paragraph 1 is replaced by the following : member states shall encourage reuse systems of packaging , which can be reused in an environmentally sound manner , in conformity with the treaty .


### member states shall , where appropriate , encourage the use of materials obtained from recycled packaging waste for the manufacturing of packaging and other products by : improving market conditions for such materials ; reviewing existing regulations preventing the use of those materials . ### in article 6 , paragraph 4 is replaced by the following : ' 4 . member states shall encourage the use of materials obtained from recycled packaging waste for the manufacturing of packaging and other products by : improving market conditions for such materials ; reviewing existing regulations preventing the use of those materials ; making use of adequate economic instruments in order to incentivise the uptake of secondary raw material , such as fiscal incentives based on the recycled content of the products and green public procurement criteria ; promoting materials that , when recycled , do not endanger human health when they are recycled into food contact materials . '


### member states shall report the data concerning the attainment of the targets laid down in article 6 to for each calendar year to the commission . they shall report this data electronically within 18 months of the end of the reporting year for which the data are collected . ### member states shall report the data concerning the attainment of the targets laid down in article 6 to for each calendar year to the commission . they shall report this data electronically within 12 months of the end of the reporting year for which the data are collected .


### 60% of wood ; ### 65% of wood ;


### in addition , the cohesion fund shall not support investment in housing unless related to the promotion of energy efficiency or renewable energy use . ### in addition , the cohesion fund shall not support investment in housing unless related to the promotion of energy efficiency or renewable energy use and seismic retrofitting .


### member states shall be classified , in terms of their gross national income ratio , as follows : ### regions corresponding to level 2 of the common classification of territorial units for statistics established by regulation no 1059 / 2003 adapted by commission regulation no 2016 / 2066 shall be classified , in terms of their gdp per capita , as follows :


### member states of group 2 shall allocate at least 45 % of their total erdf resources under priorities other than for technical assistance to po 1 , and at least 30 % to po 2 ; ### member states of group 2 shall allocate at least 40 % of their total erdf resources under priorities other than for technical assistance to po 1 , and at least 35 % to po 2 ;


### for the purposes of this article , the gross national income ratio means the ratio between the gross national income per capita of a member state , measured in purchasing power standards and calculated on the basis of union figures for the period from 2014 to 2016 , and the average gross national income per capita in purchasing power standards of the 27 member states for that same reference period . ### for the purposes of this article , the classification of regions according to one of the three categories of regions shall be determined by comparing gdp per capita in each region , expressed in purchasing power parities , calculated on the basis of union figures for the period 2014 - 2016 and the average gdp of the eu - 27 for the same reference period , and taking into account the 2016 - 2018 reorganisation of territorial divisions according to the common classification of territorial units for statistics , including the newly formed statistical regions in the czech republic , lithuania and other member states .


### in addition , investments under the erdf should contribute to the development of a comprehensive high - speed digital infrastructure network , and to promoting clean and sustainable multimodal urban mobility . ### in addition , investments under the erdf should contribute to the development of a comprehensive high - speed digital infrastructure network , and to promoting clean and sustainable multimodal urban mobility with a focus on walking , cycling , public transport and shared mobility .


### for the purposes of this article , the gross national income ratio means the ratio between the gross national income per capita of a member state , measured in purchasing power standards and calculated on the basis of union figures for the period from 2014 to 2016 , and the average gross national income per capita in purchasing power standards of the 27 member states for that same reference period . ### for the purposes of this article , the classification of a region under one of the three categories of regions shall be determined on the basis of the ratio between the gross domestic product per capita of each region , measured in purchasing power parity and calculated on the basis of union figures for the period 2014 - 2016 , and the average gdp of the eu27 for that same reference period .


### rcr 49 - waste recovered ### rcr 49 - waste reused


### those with a gross national income ratio equal to or above 100 % of the eu average ; ### those with a gdp per capita equal to or above 100 % of the eu average ;


### reflecting the importance of tackling climate change in line with the union ' s commitments to implement the paris agreement and the united nations sustainable development goals , the funds will contribute to mainstream climate actions and to the achievement of an overall target of 25 % of the eu budget expenditure supporting climate objectives . operations under the erdf are expected to contribute 30 % of the overall financial envelope of the erdf to climate objectives . operations under the cohesion fund are expected to contribute 37% of the overall financial envelope of the cohesion fund to climate objectives . ### reflecting the importance of tackling climate change in view of contributing to the financing of necessary actions to fulfil the union ' s commitments to implement the paris agreement and the united nations sustainable development goals , the funds will contribute to mainstream climate actions and to the achievement of an overall target of at least 30 % of the eu budget expenditure supporting climate objectives . operations under the erdf should contribute 50 % of the overall financial envelope of the erdf to climate objectives . operations under the cohesion fund should contribute 55 % of the overall financial envelope of the cohesion fund to climate objectives . following the recommendations of the european court of auditors in its special report no 31 / 2016 , climate mainstreaming and climate proofing mechanisms should be an integral part of programming and implementation , in particular project selection , and materialized ex - ante .


### developing skills for smart specialisation , industrial transition and entrepreneurship ; ### developing skills and strategies , and building capacities for smart specialisation , circular economy , just transition including decarbonisation of the economies , social innovation and entrepreneurship ;


### enhancing biodiversity , green infrastructure in the urban environment , and reducing pollution ; ### enhancing biodiversity and green infrastructure in the urban and rural environment and reducing air , water , soil , noise and light pollution as well as waste ;


### horizontal principles as set out in article 3 of the treaty on european union and in article 10 of the tfeu , including principles of subsidiarity and proportionality as set out in article 5 of the teu , should be respected in the implementation of the erdf and the cohesion fund , taking into account the charter of fundamental rights of the european union . member states should also respect the obligations of the un convention on the rights of persons with disabilities and ensure accessibility in line with its article 9 and in accordance with the union law harmonising accessibility requirements for products and services . member states and the commission should aim at eliminating inequalities and at promoting equality between men and women and integrating the gender perspective , as well as at combating discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation . the funds should not support actions that contribute to any form of segregation . the objectives of the erdf and the cohesion fund should be pursued in the framework of sustainable development and the union ' s promotion of the aim of preserving , protecting and improving the quality of the environment as set out in articles 11 and 191 of the tfeu , taking into account the polluter pays principle . in order to protect the integrity of the internal market , operations benefitting undertakings shall comply with state aid rules as set out in articles 107 and 108 of the tfeu . ### horizontal principles as set out in article 3 of the treaty on european union and in article 10 of the tfeu , including principles of subsidiarity and proportionality as set out in article 5 of the teu , should be respected in the implementation of the erdf and the cohesion fund , taking into account the charter of fundamental rights of the european union . member states should also respect the obligations of the un convention on the rights of persons with disabilities and ensure accessibility in line with its article 9 and in accordance with the union law harmonising accessibility requirements for products and services . member states and the commission should aim at eliminating inequalities and at promoting equality between men and women and integrating the gender perspective , as well as at combating discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation . the funds should not support actions that contribute to any form of segregation or exclusion . the objectives of the erdf and the cohesion fund should be pursued in the framework of sustainable development and the union ' s promotion of the aim of preserving , protecting and improving the quality of the environment and combating climate change as set out in articles 11 and 191 of the tfeu , taking into account the polluter pays principle . in order to protect the integrity of the internal market , operations benefitting undertakings shall comply with state aid rules as set out in articles 107 and 108 of the tfeu .


### investment in facilities for the treatment of residual waste ; ### investment in facilities for the treatment of mixed waste ;


### this regulation should set out the different types of activities the costs of which may be supported by means of investments from the erdf and the cohesion fund , under their respective objectives as set out in the tfeu . the cohesion fund should be able to support investments in the environment and in ten - t . with regard to the erdf , the list of activities should be simplified and it should be able to support investments in infrastructure , investments in relation to access to services , productive investments in sme ' s , equipment , software and intangible assets , as well as measures with regard to information , communication , studies , networking , cooperation , exchange of experiences and activities involving clusters . in order to support the programme implementation , both funds should also be able to support technical assistance activities . finally , in order to support provide for a broader range of interventions for interreg programmes , the scope should be enlarged to also include the sharing a broad range of facilities and human resources and costs linked to measures within the scope of the esf + . ### this regulation should set out the different types of activities the costs of which may be supported by means of investments from the erdf and the cohesion fund , under their respective objectives as set out in the tfeu . the cohesion fund and erdf should be able to support investments in the environment and in ten - t . with regard to the erdf , the list of activities should be simplified and it should be able to support investments in infrastructure , safety of existing tunnels and bridges , investments in relation to access to services , productive investments in sme ' s , equipment , software and intangible assets , as well as measures with regard to information , communication , studies , networking , cooperation , exchange of experiences and activities involving clusters . in order to support the programme implementation , both funds should also be able to support technical assistance activities . finally , in order to support provide for a broader range of interventions for interreg programmes , the scope should be enlarged to also include the sharing a broad range of facilities and human resources and costs linked to measures within the scope of the esf + .


### member states of group 1 shall allocate at least 85 % of their total erdf resources under priorities other than for technical assistance to po 1 and po 2 , and at least 60 % to po 1 ; ### in more developed regions at least 75 % of the total erdf resources at national level shall be allocated under priorities other than for technical assistance to po 1 and po 2 , and at least 30 % to po 2 ;


### the erdf should help to redress the main regional imbalances in the union and to reduce disparities between the levels of development of the various regions and the backwardness of the least favoured regions including those facing challenges due to the decarbonisation commitments . erdf support under the investment for jobs and growth goal should therefore be concentrated on key union priorities in line with policy objectives laid down in regulation 2018 / xxx [ new cpr ] . therefore support from the erdf should be concentrated on the policy objectives of ' a smarter europe by promoting innovative and smart economic transformation ' and ' a greener , low - carbon europe by promoting clean and fair energy transition , green and blue investment , the circular economy , climate adaptation and risk prevention and management ' . that thematic concentration should be attained at national level while allowing for flexibility at the level of individual programmes and between the three groups of member states formed according to respective gross national income . in addition , the methodology to classify member states should be set out in detail taking into account the specific situation of the outermost regions . ### the erdf should help to redress the main regional imbalances in the union and to reduce disparities between the levels of development of the various regions and the backwardness of the least favoured regions including those facing challenges due to the decarbonisation commitments . erdf support under the investment for jobs and growth goal should therefore be concentrated on key union priorities in line with policy objectives laid down in regulation 2018 / xxx [ new cpr ] . therefore , support from the erdf should be concentrated on the policy objectives of ' a smarter europe’ , a greener , low - carbon europe’ , ' a more connected europe’ and a ‘ more social europe’ . that thematic concentration should be attained at regional level while allowing for flexibility at the level of individual programmes .


### enhancing growth and competitiveness of smes ### enhancing sustainable growth , competitiveness and transition to circular economy of smes