### on the basis of the results of the evaluation conducted pursuant to paragraph 3 , the commission may decide by implementing acts whether the national measures are justified and similar measures should be taken by all member states that have not already done so . in this case , it shall address the decision to the member states concerned and immediately communicate it to all member states and the relevant economic operator or operators . ### on the basis of the results of the evaluation conducted pursuant to paragraph 3 , the commission shall decide by implementing acts within 3 months whether the national measures are justified and similar measures should be taken by all member states that have not already done so . in this case , it shall address the decision to the member states concerned and immediately communicate it to all member states and the relevant economic operator or operators .


### ‘ product presenting a risk’ means a product having the potential to affect adversely health and safety of persons in general , health and safety in the workplace , consumer protection , the environment and public security as well as other public interests to a degree which goes beyond that considered reasonable and acceptable under the normal or reasonably foreseeable conditions of use of the product concerned , including the duration of use and , where applicable , its putting into service , installation and maintenance requirements ; ### ‘ product presenting a risk’ means a product which has the potential to affect adversely health and safety of persons in general , including those involved in the manufacturing process , health and safety in the workplace , workers ' rights through non - compliance with fundamental ilo conventions , consumer protection , the environment , protection of intellectual property rights and public security , including in the country where the product was produced and / or processed , as well as other public interests to a degree which goes beyond that considered reasonable and acceptable under the normal or reasonably foreseeable conditions of use of the product concerned , including the duration of use and , where applicable , its putting into service , installation and maintenance requirements ;


### where , in the course of carrying out the checks referred to in article 6 or as a result of information received , market surveillance authorities have sufficient reason to believe that a product that is placed or made available on the market or is used in the course of the provision of a service may present a risk , they shall carry out a risk assessment in relation to that product taking account of the considerations and criteria set out in article 13 . ### where , in the course of carrying out the checks referred to in article 6 or as a result of information received , market surveillance authorities have sufficient reason to believe that a product that is placed or made available on the market or is used in the course of the provision of a service may present a risk or is otherwise not compliant with the applicable union legislation , they shall carry out an evaluation in relation to that product taking account of the considerations and criteria set out in article 13 .


### on receiving a notification , the commission shall communicate it to the other member states . if the notification does not satisfy the requirements set out in paragraphs 1 , 2 and 3 , the commission may suspend it . ### on receiving a notification , the commission shall communicate it without delay to the economic operator and the other member states . if the notification does not satisfy the requirements set out in paragraphs 1 , 2 and 3 , the commission may suspend it .


### the penalties referred to in the first subparagraph shall have regard to the size of the undertakings and in particular to the situation of small and medium - sized enterprises . the penalties may be increased if the relevant economic operator has previously committed a similar infringement and may include criminal sanctions for serious infringements . ### when defining penalties authorities should take into account the revenue that was made in the internal market with the non - compliant product , economic damage caused to other operators selling similar or comparable products in the union , seriousness of the non - compliance , recurrence of the non - compliance , intentionality of the economic operator placing the product on the market .


### compliance with the criteria referred to in points , and of paragraph 2 shall raise a presumption that the product adequately safeguards the public interests to which those criteria relate . however , this shall not prevent market surveillance authorities from taking action under this regulation where there is new evidence that , despite such conformity or compliance , the product presents a risk . ### compliance with the criteria referred to in points , and of paragraph 2 shall raise a presumption that the product adequately safeguards the public interests to which those criteria relate . however , this shall not prevent market surveillance authorities from taking action under this regulation where there is new evidence that , despite such conformity or compliance with the criteria referred to in points and of paragraph 2 , the product presents a serious risk . in that case the market surveillance authorities shall demonstrate that the product presents a serious risk and notify its decision pursuant to article 19 .


### member states shall set a national energy efficiency target expressed as an absolute level of primary energy consumption in 2020 . when setting these targets , they shall take into account the union ' s target of 20&#160 ; % energy savings , the measures provided for in this directive , the measures adopted to reach the national energy saving targets adopted pursuant to article 4 of directive 2006 / 32 / ec and other measures to promote energy efficiency within member states and at union level . ### each member state shall ensure that its national absolute level of primary energy consumption in 2020 is at least below its target as set out in the left column of the table of annex - i - part a . such mandatory national targets are consistent with the union ' s target of at least 20&#160 ; % energy savings referred to in article 1 which requires a reduction of eu primary energy consumption of at least 368 mtoe in 2020 as compared to projections .


### member states shall ensure that final customers for electricity , natural gas , district heating or cooling and district - supplied domestic hot water are provided with individual meters that accurately measure and allow to make available their actual energy consumption and provide information on actual time of use , in accordance with annex vi . ### when smart meters are installed , member states shall ensure that final customers for electricity , natural gas , district or other central heating or cooling and district or other centrally supplied domestic hot water are provided with individual meters that accurately measure and allow to make available their actual energy consumption and provide real time information on actual time of use , free of charge and in a format that enables customers to better understand their energy use , in accordance with annex vi .


### member states shall ensure that enterprises not included in the second subparagraph of paragraph 1 are subject to an energy audit carried out in an independent and cost - effective manner by qualified or accredited experts at the latest by 30 june 2014 and every three years from the date of the previous energy audit . ### member states shall ensure that enterprises not included in the second subparagraph of paragraph 1 are subject to an energy audit carried out in an independent and cost - effective manner by qualified and / or accredited experts at the latest by 30 june 2014 and every three years from the date of the previous energy audit .


### within the energy efficiency obligation scheme , member states may : ### within the energy saving obligation scheme , member states shall :


### the commission shall also monitor the impact of implementing this directive on directive 2003 / 87 / ec , directive 2009 / 28 / ec as well as directive 2010 / 31 / ec . ### the commission shall submit proposals to align directive 2003 / 87 / ec , directive 2009 / 28 / ec , decision no 406 / 2009 / ec as well as directive 2010 / 31 / ec to this directive .


### each member state shall set up an energy efficiency obligation scheme . this scheme shall ensure that either all energy distributors or all retail energy sales companies operating on the member state ' s territory achieve annual energy savings equal to 1 . 5% of their energy sales , by volume , in the previous year in that member state excluding energy used in transport . this amount of energy savings shall be achieved by the obligated parties among final customers . ### each member state shall set up an energy saving obligation scheme . this scheme shall ensure that energy distributors and / or retail energy sales companies operating on the member state ' s territory achieve cumulative annual end - use energy savings equal to at least 1 . 5% of their annual energy sales , by volume , averaged over the most recent three - year period for that member state . this amount of energy savings shall be achieved by the obligated parties among final customers .


### member states shall ensure that the savings claimed by obligated parties are calculated in accordance with annex v . they shall put in place control systems under which at least a statistically significant proportion of the energy efficiency improvement measures put in place by the obligated parties is independently verified . ### member states shall ensure that the savings claimed by obligated parties are calculated in accordance with annex v . they shall put in place independent measurement , control and verification systems under which at least a statistically significant proportion and representative selection of the energy efficiency improvement measures put in place by the obligated parties is independently verified .


### an assessment of the possibility of establishing a ' white certificate ' scheme at union level has shown that , in the current situation , such a system would create excessive administrative costs and that there is a risk that energy savings would be concentrated in a number of member states and not introduced across the union . the latter objective can better be achieved , at least at this stage , by means of national energy efficiency obligation schemes or other alternative measures that achieve the same amount of energy savings . the commission should however define , by a delegated act , the conditions under which a member state could in future recognise the energy savings achieved in another member state . it is appropriate for the level of ambition of such schemes to be established in a common framework at union level while providing significant flexibility to member states to take full account of the national organisation of market actors , the specific context of the energy sector and final customers ' habits . the common framework should give energy utilities the option of offering energy services to all final customers , not only to those to whom they sell energy . this increases competition in the energy market because energy utilities can differentiate their product by providing complementary energy services . the common framework should allow member states to include requirements in their national scheme that pursue a social aim , notably in order to ensure that vulnerable customers have access to the benefits of higher energy efficiency . it should also allow member states to exempt small companies from the energy efficiency obligation . the commission communication “small business act” sets out principles that should be taken into account by member states that decide to abstain from applying this possibility . ### an assessment of the possibility of establishing a ' white certificate ' scheme at union level has shown that , in the current situation , such a system would create excessive administrative costs and that there is a risk that energy savings would be concentrated in a number of member states and not introduced across the union . the latter objective can better be achieved , at least at this stage , by means of national energy efficiency obligation schemes or other alternative measures that achieve the same amount of energy savings . the common framework should give energy utilities the option of offering energy services to all final customers , not only to those to whom they sell energy . this increases competition in the energy market because energy utilities can differentiate their product by providing complementary energy services . the common framework should allow member states to include requirements in their national scheme that pursue a social aim , notably in order to ensure that vulnerable customers have access to the benefits of higher energy efficiency . it should also allow member states to exempt small companies from the energy efficiency obligation . the commission communication “small business act” sets out principles that should be taken into account by member states that decide to abstain from applying this possibility .


### the proprietor of a european trade mark shall also be entitled to prevent all third parties from bringing goods , in the context of commercial activity , into the customs territory of the union without being released for free circulation there , where such goods , including packaging , come from third countries and bear without authorization a trade mark which is identical to the european trade mark registered in respect of such goods , or which cannot be distinguished in its essential aspects from that trade mark . ### the proprietor of a european union trade mark shall also be entitled to prevent all third parties from bringing goods , in the context of commercial activity , into the customs territory of the union without being released for free circulation there , where such goods , including packaging , come from a third country and bear without authorisation a trade mark which is identical to the european union trade mark validly registered in respect of such goods , or which cannot be distinguished in its essential aspects from that trade mark , on condition that the proprietor proves that the trade mark is also validly registered in the country of destination .


### with the aim of strengthening trade mark protection and combatting counterfeiting more effectively , the proprietor of a european trade mark should be entitled to prevent third parties from bringing goods into the customs territory of the union without being released for free circulation there , where such goods come from third countries and bear without authorization a trade mark which is essentially identical to the european trade mark registered in respect of such goods . ### with the aim of strengthening trade mark protection and combatting counterfeiting more effectively , the proprietor of a registered european trade mark shall also be entitled to prevent all third parties from bringing goods , in the context of commercial activity , into the customs territory of the union without being released for free circulation there , where such goods , including packaging , come from a third country and bear without authorization a trade mark which is essentially identical to the european trade mark validly registered in respect of such goods and which cannot be distinguished in its essential aspects from that trade mark . in order not to hamper the production , circulation and distribution of legitimate goods , this rule should only apply if the proprietor of the trade mark is able to demonstrate clear and documented evidence of a substantial risk of fraudulent diversion of the allegedly counterfeit goods into a member state . the european commission shall develop and implement guidelines for national customs authorities with clear indicators on how to establish such substantial risk of fraudulent diversion . the list of clear indicators shall reflect the importance of unrestricted trade in , inter alia , generic medicines , and shall be in line with prevailing cjeu case law .


### the aim of the egf shall be to contribute to economic growth and employment in the union by enabling the union to show solidarity towards workers made redundant as a result of major structural changes in world trade patterns due to globalisation , trade agreements affecting agriculture , or an unexpected crisis , and to provide financial support for their rapid reintegration into employment , or for changing or adjusting their agricultural activities . ### the aim of the egf shall be to contribute to economic growth and employment in the union by enabling the union to show solidarity towards workers made redundant as a result of major structural changes in world trade patterns due to globalisation or an unexpected crisis , and to provide financial support for their rapid reintegration into employment .


### member states shall adopt and publish , by { 31 december 2009 } at the latest , the laws , regulations and administrative provisions necessary to comply with this directive . they shall forthwith communicate to the commission the text of those provisions and a correlation table between those provisions and this directive . they shall apply those provisions from { 1 january 2010 } . ### member states shall adopt and publish , by { 30 april 2014 } , the laws , regulations and administrative provisions necessary to comply with this directive . they shall forthwith communicate to the commission the text of those provisions and a correlation table between those provisions and this directive . they shall apply those provisions from { 1 may 2014 } .


### technical progress and innovation with regard to measuring instruments covered by the directives being repealed is ensured in practice either by the voluntary application of the international and european standards which have been developed or by the application of national provisions implementing such new specifications . furthermore , the free circulation within the internal market of all products concerned by them is ensured by the satisfactory application of articles 28 to 30 of the ec treaty and of the mutual recognition principle . ### technical progress and innovation with regard to measuring instruments covered by the directives being repealed will be ensured in practice either by the voluntary application of the international and european standards which have been developed or by the application of national provisions implementing such new specifications or in line with the principles of better law - making , by including additional provisions in directive 2004 / 22 / ec of the european parliament and of the council of 31 march 2004 on measuring instruments1 . furthermore , the free circulation within the internal market of all products concerned by them is ensured by the satisfactory application of articles 28 to 30 of the ec treaty and of the mutual recognition principle . 1 oj l 135 , 30 . 4 . 2004 , p . 1 .


### technical progress and innovation with regard to measuring instruments covered by the directives being repealed is ensured in practice either by the voluntary application of the international and european standards which have been developed or by the application of national provisions implementing such new specifications . furthermore , the free circulation within the internal market of all products concerned by them is ensured by the satisfactory application of articles 28 to 30 of the ec treaty and of the mutual recognition principle . ### technical progress and innovation with regard to measuring instruments covered by the directives being repealed will be ensured in practice either by the voluntary application of the international and european standards which have been developed or by the application of national provisions implementing such new specifications or by including additional provisions in directive 2004 / 22 / ec of the european parliament and of the council of 31 march 2004 on measuring instruments1 . furthermore , the free circulation within the internal market of all products concerned by them is ensured by the satisfactory application of articles 28 to 30 of the ec treaty and of the mutual recognition principle . oj l 135 , 30 . 4 . 2004 , p . 1 .


### member states shall take the necessary measures to ensure that workers within the meaning of article 2 are entitled to a continuous period of maternity leave of at least 18 weeks allocated before and / or after confinement . ### member states shall take the necessary measures to ensure that workers within the meaning of article 2 are entitled to a continuous period of maternity leave of at least 24 weeks allocated before and / or after confinement .


### recruitment shall be directed to securing for the institution the services of officials of the highest standard of ability , efficiency and integrity , recruited on the broadest possible geographical basis from among nationals of member states of the european union . no posts shall be reserved for nationals of any specific member state . ### recruitment shall be directed to securing for the institution the services of officials of the highest standard of ability , efficiency and integrity , recruited on the broadest possible geographical basis from nationals or legal residents of member states of the european union . no posts shall be directly or indirectly reserved for nationals or residents of any specific member state .


### in the interest of simplification and of a consistent staff policy , the rules adopted by the commission to implement the staff regulations should apply by analogy to the agencies . however , in order to ensure that the specific situation of agencies may , if necessary , be taken into account , agencies should be entitled to request the commission ' s authorisation to adopt implementing rules which derogate from those adopted by the commission , or not to apply the commission ' s rules at all . ### in the interest of simplification and of a consistent staff policy , the rules adopted by the commission to implement the staff regulations should apply by analogy to the agencies . however , in order to ensure that the specific situation of agencies may , if necessary , be taken into account , agencies should be entitled to request the commission ' s authorisation to adopt implementing rules which derogate from those adopted by the commission .


### onward transfers of personal data by member states , union bodies , third countries and international organizations shall be prohibited unless europol has given its explicit consent . ### onward transfers of personal data by member states , union bodies , third countries and international organizations shall be prohibited unless europol has given its prior explicit consent and the recipient gives an undertaking that the data shall be used solely for the purpose for which they were transmitted .


### a member state , a union body , a third country or an international organisation providing information to europol determines the purpose for which it shall be processed as referred to in article 24 . if it has not done so , europol shall determine relevance of such information as well as the purpose for which it shall be processed . europol may process information for a different purpose than the one for which information has been provided only if authorised by the data provider . ### a member state , a union body , a third country or an international organisation providing information to europol determines the specific and well defined purpose for which it shall be processed as referred to in article 24 . europol may process information for a different specific and explicit purpose than the one for which information has been provided only if expressly authorised by the data provider , in accordance with its applicable law .


### europol may receive and process personal data from entities referred to in paragraph 1 except from private parties , in so far as necessary for the performance of its tasks and subject to the provisions of this chapter . ### europol may receive and process personal data from entities referred to in paragraph 1 except from private parties , in so far as strictly necessary and proportionate for the legitimate performance of its tasks and subject to the provisions of this chapter .


### the transfer of the data is absolutely necessary in the interests of preventing imminent danger associated with crime or terrorist offences ; ### the transfer of the data is absolutely necessary in order to prevent an imminent and serious threat to public security of a member state or a third country , associated with serious crime or terrorist offences ;


### data protection rules at europol should be strengthened and draw on the principles underpinning regulation no 45 / 200132 to ensure a high level of protection of individuals with regard to processing of personal data . as declaration 21 attached to the treaty recognizes the specificity of personal data processing in the law enforcement context , the data protection rules of europol should be autonomous and aligned with other relevant data protection instruments applicable in the area of police cooperation in the union , in particular convention no . 10833 and recommendation no r of the council of europe34 and council framework decision 2008 / 977 / jha on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters35 [ to be replaced by the relevant directive in force at the moment of adoption ] . ### data protection rules at europol should be strengthened and aligned with other relevant data protection instruments applicable to processing of personal data in the area of police cooperation in the european union to ensure a high level of protection of individuals with regard to processing of personal data . while decision 2009 / 371 / jha provides for a robust data protection regime for europol , it should be further elaborated to align europol with the requirements of the lisbon treaty , reflect the growing role of europol , improve the rights of data subjects and further enhance the trust between member states and europol which is necessary for a successful exchange of information . data protection rules at europol should be strengthened and draw on the principles underpinning regulation no 45 / 2001 [ 1 ] to ensure a high level of protection of individuals with regard to processing of personal data , as well as on other data protection principles , including accountability principle , data protection impact assessment , privacy by design and by default and notification of personal data breaches . as soon as the new data protection framework of the eu institutions and bodies will be adopted , it should be applicable to europol . as declaration 21 attached to the treaty acknowledges , the specific nature of the processing of personal data in the law enforcement context proves necessary that specific rules on the protection of personal data and the free movement of such data are established for europol based on article 16 of the treaty on the functioning of the european union and aligned with other relevant data protection instruments applicable in the area of police cooperation in the union , in particular convention no . 108 [ 2 ] and its additional protocol of 8 november 2001 and recommendation no r of the council of europe [ 3 ] and council framework decision 2008 / 977 / jha on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters [ 4 ] [ to be replaced by the relevant directive in force at the moment of adoption ] . transparency is a crucial part of data protection since it enables other data protection principles and rights to be exercised . to enhance transparency , europol should have transparent data protection policies that it should make easily publicly available setting out in an intelligible form and using clear and plain language the provisions regarding the processing of personal data and the means available for the exercise of the rights of data subjects , as well as publish a list of the international and cooperation agreements it has with third countries , union bodies and international organisations .


### the transfer of the data is absolutely necessary in the interests of preventing imminent danger associated with crime or terrorist offences ; ### the transfer of the data is absolutely necessary in the interests of preventing imminent danger associated with serious crime or terrorist offences ;


### to respect ownership of data and protection of information , member states and authorities in third countries and international organisations should be able to determine the purpose for which europol may process the data they provide and to restrict access rights . ### to respect ownership of data and protection of information , member states and authorities in third countries and international organisations should be able to determine the purpose for which europol may process the data they provide and to restrict access rights . purpose limitation contributes to transparency , legal certainty and predictability and is especially of high importance in the area of police cooperation , where data subjects are usually unaware when their personal data are being collected and processed and where the use of personal data may have a very significant impact on the lives and freedoms of individuals .


### information originating from a member state shall be assessed as far as possible by the member state providing information on the basis of its reliability using the following information evaluation codes : ### information originating from a member state shall be assessed by the member state providing information on the basis of its reliability using the following information evaluation codes :


### europol may retrieve and process information , including personal data , from information systems , of a national , union or international nature , including by means of computerised direct access , in so far as authorised by union , international or national legal instruments . the applicable provisions of such union , international or national legal instruments shall govern the access to and use of that information by europol insofar as they provide for stricter rules on access and use than those of this regulation . the access to such information systems shall be granted only to duly authorised staff of europol as far as this is necessary for the performance of their tasks . ### europol may retrieve and process information , including personal data , from information systems , of a union or international nature , including by means of computerised direct access , in so far as authorised by union or international legal instruments and where the necessity and proportionality of such access for the performance of a task falling under europol ' s mandate can be demonstrated . the applicable provisions of such union or international legal instruments shall govern the access to and use of that information by europol insofar as they provide for stricter rules on access and use than those of this regulation . they shall lay down the objectives of that specific processing , the categories of personal data to be processed , the purposes and means of the processing and the procedure to be followed for the retrieval and further processing of the personal data . the access to such information systems shall be granted only to duly authorised staff of europol as far as this is strictly necessary and proportionate for the performance of its task .


### processing of personal data , by automated or other means , revealing racial or ethnic origin , political opinions , religion or beliefs , trade - union membership and of data concerning health or sex life shall be prohibited , unless it is strictly necessary for preventing or combating crime that falls under europol ' s objectives and if those data supplement other personal data already processed by europol . ### processing of personal data , by automated or other means , revealing racial or ethnic origin , political opinions , religion or beliefs , trade - union membership and of data concerning health or sex life shall be prohibited , unless it is strictly necessary and duly justified for preventing or combating crime that falls under europol ' s objectives and if those data supplement other personal data already processed by europol .


### national competent authorities for the supervision of the processing of personal data should monitor the lawfulness of the processing of personal data by member states . the european data protection supervisor should monitor the lawfulness of data processing by europol exercising its functions with complete independence . ### an independent , sufficiently empowered , transparent , accountable and effective structure for supervision is essential for the protection of individuals with regard to the processing of personal data as required by article 8 of the charter of fundamental rights and article 16 of the treaty on the functioning of the european union . national competent authorities for the supervision of the processing of personal data should monitor the lawfulness of the processing of personal data by member states . the european data protection supervisor should monitor the lawfulness of data processing by europol exercising its functions with complete independence .


### the european data protection supervisor shall draw up an annual report on the supervisory activities on europol . this report shall be part of the annual report of the european data protection supervisor referred to in article 48 of regulation no 45 / 2001 . ### the european data protection supervisor shall draw up an annual report on the supervisory activities on europol . this report shall include information and statistics regarding complaints , inquiries , investigations , the processing of sensitive information , transfers of personal data to third countries and international organisations , prior checking and the use of the powers referred to in paragraph 3 . this report shall be sent to the european parliament , the council , the commission and the national data protection authorities . on the basis of this report , the european parliament and the council may request the european data protection supervisor to undertake additional action to ensure the application of the provisions of this regulation .


### this would damage the interests of a data subject who requires protection . in such cases , the data shall be used only with the consent of the data subject . ### this would damage the interests of a data subject who requires protection . in such cases , the data shall be used only with the express and written consent of the data subject .


### processing of personal data on victims of a criminal offence , witnesses or other persons who can provide information on criminal offences , or on persons under the age of 18 shall be prohibited unless it is strictly necessary for preventing or combating crime that falls under europol ' s objectives . ### processing of personal data on victims of a criminal offence , witnesses or other persons who can provide information on criminal offences , or on persons under the age of 18 shall be prohibited unless it is strictly necessary and duly justified for preventing or combating crime that falls under europol ' s objectives .


### the transfer is otherwise necessary or legally required on important public interest grounds , or for the establishment , exercise or defence of legal claims ; or ### the transfer is necessary or legally required in an individual case for the establishment , exercise or defence of legal claims relating to the prevention , investigation , detection or prosecution of a specific criminal offence ; or


### member states shall have indirect access on the basis of a hit / no hit system to information provided for the purposes of article 24 , without prejudice to any restrictions indicated by the member states , union bodies and third countries or international organisations providing the information , in accordance with article 25 . in the case of a hit , europol shall initiate the procedure by which the information that generated the hit may be shared , in accordance with the decision of the member state that provided the information to europol . ### member states shall have indirect access on the basis of a hit / no hit system to information provided for the a specific purpose under article 24 , without prejudice to any restrictions indicated by the member states , union bodies and third countries or international organisations providing the information , in accordance with article 25 . in the case of a hit , europol shall initiate the procedure by which the information that generated the hit may be shared , in accordance with the decision of the member state , union body , third country or international organisation that provided the information to europol and to the extent that the data that generated the hit are necessary for the legitimate performance of their tasks .


### in so far as necessary for europol to perform its tasks , europol may process personal data originating from private parties on condition that are received via : ### in so far as necessary for europol to perform its tasks , europol may process personal data originating from private parties on condition that they are not received directly from the private parties but only via :


### personal data processed by europol shall be stored by europol only as long as necessary for the achievement of its objectives . ### personal data processed by europol shall be stored by europol only as long as strictly necessary for the purposes for which the data are processed .


### data protection rules at europol should be strengthened and draw on the principles underpinning regulation no 45 / 200132 to ensure a high level of protection of individuals with regard to processing of personal data . as declaration 21 attached to the treaty recognizes the specificity of personal data processing in the law enforcement context , the data protection rules of europol should be autonomous and aligned with other relevant data protection instruments applicable in the area of police cooperation in the union , in particular convention no . 10833 and recommendation no r of the council of europe34 and council framework decision 2008 / 977 / jha on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters35 [ to be replaced by the relevant directive in force at the moment of adoption ] . ### data protection rules at europol should be strengthened and aligned with other relevant data protection instruments applicable to processing of personal data in the area of police cooperation in the european union to ensure a high level of protection of individuals with regard to processing of personal data . while decision 2009 / 371 / jha provides for an adequate data protection regime for europol , it should be further elaborated to align europol with the requirements of the lisbon treaty , reflect the growing role of europol and improve the rights of data subjects . data protection rules at europol should be strengthened and draw on the principles underpinning regulation no 45 / 200132 to ensure a high level of protection of individuals with regard to processing of personal data , as well as on other data protection principles , including accountability principle , data protection impact assessment , privacy by design and by default and notification of personal data breaches . as soon as the new data protection framework of the eu institutions and bodies will be adopted , it should be applicable to europol . as declaration 21 attached to the treaty acknowledges , the specific nature of the processing of personal data in the law enforcement context proves necessary that specific rules on the protection of personal data and the free movement of such data are established for europol based on article 16 of the treaty on the functioning of the european union and aligned with other relevant data protection instruments applicable in the area of police cooperation in the union , in particular convention no . 10833 and its additional protocol of 8 november 2001 and recommendation no r of the council of europe34 and council framework decision 2008 / 977 / jha on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters35 [ to be replaced by the relevant directive in force at the moment of adoption ] . transparency is a crucial part of data protection since it enables other data protection principles and rights to be exercised . to enhance transparency , europol should have transparent data protection policies that it should make easily publicly available setting out in an intelligible form and using clear and plain language the provisions regarding the processing of personal data and the means available for the exercise of the rights of data subjects , as well as publish a list of the international and cooperation agreements it has with third countries , union bodies and international organisations .


### if data as described in paragraphs 1 , 2 and 3 held by europol have been provided to it by third countries , international organisations , or are the results of europol ' s own analyses , europol shall rectify , erase or block such data . ### if data as described in paragraphs 1 , 2 and 3 held by europol have been provided to it by third countries , international organisations , or are the results of europol ' s own analyses , europol shall rectify , erase or block such data and inform , where relevant , the originators of the data .


### moreover the management board may , in agreement with the european data protection supervisor , authorise a set of transfers in conformity with points to above , taking into account of the existence of safeguards with respect to the protection of privacy and fundamental rights and freedoms of individuals , for a period not exceeding one year , renewable . ### the executive director shall in all circumstances consider the data - protection level applicable in the third country in question , taking into account the nature of the data , the purpose for which the data is intended , the duration of the intended processing , the general or specific data - protection provisions applying in that country , and whether or not specific conditions required by europol concerning the data have been accepted . derogations may not be applicable to systematic , massive or structural transfers . no transfers shall be authorised where there is a serious risk that as a result of such transfer a data subject may be subjected to torture , inhuman and degrading treatment or any other violation of his or her fundamental rights . the transfer shall be duly documented and the documentation shall be made available to the european data protection supervisor . moreover the european data protection supervisor may authorise a transfer or a set of transfers in conformity with points to above , adducing adequate safeguards with respect to the protection of privacy and fundamental rights and freedoms of individuals , for a period not exceeding one year , renewable


### ‘ recipient’ means a natural or legal person , public authority , agency or any other body to whom data are disclosed , whether a third party or not ; however , authorities which may receive data in the framework of a particular inquiry shall not be regarded as recipients ; ### ‘ recipient’ means a natural or legal person , public authority , agency or any other body to whom data are disclosed , whether a third party or not ;


### adequate , relevant , and not excessive in relation to the purposes for which they are processed ; ### adequate , relevant , and limited to the minimum necessary in relation to the purposes for which they are processed ;


### any data subject wishing to exercise the right of access to personal data may make a request to that effect without excessive costs to the authority appointed for this purpose in the member state of his / her choice . that authority shall refer the request to europol without delay and in any case within one month of receipt . ### any data subject wishing to exercise the right of access to personal data may make a request to that effect free of charge to the authority appointed for this purpose in the member state of his / her choice . that authority shall refer the request to europol without delay and in any case within one month of receipt .


### the european data protection supervisor and national supervisory authorities should co - operate with each other on specific issues requiring national involvement and to ensure coherent application of this regulation throughout the union . ### the european data protection supervisor and national supervisory authorities should supervise europol operational data in a coordinated manner to ensure an effective and coherent application of this regulation throughout the union .


### ensure adequate follow - up to findings and recommendations stemming from the internal or external audit reports and evaluations , as well as from investigations of the european anti - fraud office ; ### ensure adequate follow - up to findings and recommendations stemming from the internal or external audit reports and evaluations , as well as from investigations of the european anti - fraud office and the european data protection supervisor ;


### processed fairly and lawfully ; ### processed fairly and lawfully and in a transparent and verifiable manner in relation to the data subject ;


### administrative personal data and staff data ### administrative personal data


### conduct inquiries either on his / her own initiative or on the basis of a complaint , and inform the data subjects of the outcome within a reasonable period ; ### conduct inquiries either on its own initiative or on the basis of a complaint , and inform the data subjects of the outcome within a reasonable period ;


### data protection rules at europol should be strengthened and draw on the principles underpinning regulation no 45 / 200132 to ensure a high level of protection of individuals with regard to processing of personal data . as declaration 21 attached to the treaty recognizes the specificity of personal data processing in the law enforcement context , the data protection rules of europol should be autonomous and aligned with other relevant data protection instruments applicable in the area of police cooperation in the union , in particular convention no . 10833 and recommendation no r of the council of europe34 and council framework decision 2008 / 977 / jha on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters35 [ to be replaced by the relevant directive in force at the moment of adoption ] . ### data protection rules at europol should be strengthened and aligned with other relevant data protection instruments applicable to processing of personal data in the area of police cooperation in the european union . while decision 2009 / 371 / jha provides for a robust data protection regime for europol , it should be further elaborated to align europol with the requirements of the lisbon treaty , reflect the growing role of europol , improve the rights of data subjects and further enhance the trust between member states and europol which is necessary for a successful exchange of information . data protection rules at europol should be strengthened and draw on the principles underpinning regulation no 45 / 2001 to ensure a high level of protection of individuals with regard to processing of personal data . as declaration 21 attached to the treaty acknowledges , the specific nature of the processing of personal data the law enforcement context proves necessary that specific rules on the protection of personal data and the free movement of such data are established for europol based on article 16 of the treaty on the functioning of the european union and aligned with other relevant data protection instruments applicable in the area of police cooperation in the union , in particular convention no . 108 and its additional protocol of 8 november 2001 and recommendation no r of the council of europe and council framework decision 2008 / 977 / jha on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters [ to be replaced by the relevant directive in force at the moment of adoption ] .


### europol may retrieve and process information , including personal data , from information systems , of a national , union or international nature , including by means of computerised direct access , in so far as authorised by union , international or national legal instruments . the applicable provisions of such union , international or national legal instruments shall govern the access to and use of that information by europol insofar as they provide for stricter rules on access and use than those of this regulation . the access to such information systems shall be granted only to duly authorised staff of europol as far as this is necessary for the performance of their tasks . ### europol may retrieve and process information , including personal data , from information systems , of a union or international nature , including by means of computerised direct access , in so far as authorised by union or international legal instruments and where the necessity and proportionality of such access for the performance of a task falling under europol ' s mandate can be demonstrated . the applicable provisions of such union or international legal instruments shall govern the access to and use of that information by europol insofar as they provide for stricter rules on access and use than those of this regulation . they shall lay down the objectives of that specific processing , the categories of personal data to be processed , the purposes and means of the processing and the procedure to be followed for the retrieval and further processing of the personal data . the access to such information systems shall be granted only to duly authorised staff of europol as far as this is strictly necessary and proportionate for the performance of its task .


### the adopted multi - annual work programme shall be forwarded to the european parliament , the council , the commission and national parliaments . ### the adopted multi - annual work programme shall be forwarded to the european parliament , the council , the commission , the european data protection supervisor , and national parliaments .


### the source of information originating from a member state shall be assessed as far as possible by the providing member state using the following source evaluation codes : ### the source of information originating from a member state shall be assessed by the providing member state using the following source evaluation codes :


### where europol receives information from a member state without an assessment , europol shall attempt as far as possible to assess the reliability of the source or the information on the basis of information already in its possession . the assessment of specific data and information shall take place in agreement with the supplying member state . a member state may also agree with europol in general terms on the assessment of specified types of data and specified sources . if no agreement is reached in a specific case , or no agreement in general terms exists , europol shall evaluate the information or data and shall attribute to such information or data the evaluation codes and , referred to in paragraphs 1 and 2 . ### where europol receives information from a member state without an assessment , europol shall assess the reliability of the source or the information on the basis of information already in its possession . the assessment of specific data and information shall take place in agreement with the supplying member state . a member state may also agree with europol in general terms on the assessment of specified types of data and specified sources . if no agreement is reached in a specific case , or no agreement in general terms exists , europol shall evaluate the information or data and shall attribute to such information or data the evaluation codes and , referred to in paragraphs 1 and 2 .


### where a complaint relates to the processing of data provided by a member state to europol , the european data protection supervisor shall ensure that the necessary checks have been carried out correctly in close cooperation with the national supervisory body of the member state that provided the data . ### where a complaint relates to the processing of data provided by a member state to europol , the european data protection supervisor , in close cooperation with the national supervisory body of the member state that provided the data , shall ensure that the data processing in the member state concerned was lawful and that the necessary checks have been carried out correctly .


### a member state , a union body , a third country or an international organisation providing information to europol determines the purpose for which it shall be processed as referred to in article 24 . if it has not done so , europol shall determine relevance of such information as well as the purpose for which it shall be processed . europol may process information for a different purpose than the one for which information has been provided only if authorised by the data provider . ### a member state , a union body , a third country or an international organisation providing information to europol determines the specific and well defined purpose for which it shall be processed as referred to in article 24 . europol may process information for a different specific and explicit purpose than the one for which information has been provided only if expressly authorised by the data provider , in accordance with its applicable law .


### the european data protection supervisor and national supervisory authorities should co - operate with each other on specific issues requiring national involvement and to ensure coherent application of this regulation throughout the union . ### it is important to ensure a strengthened and effective supervision of europol , while making optimal use of resources and accumulated expertise both at national and union level . the european data protection supervisor and national supervisory authorities should co - operate with each other on specific issues requiring national involvement and to ensure coherent application of this regulation throughout the union . where necessary , the european data protection supervisor may use the expertise and experience of national data protection authorities in carrying out his duties , including the performance of audits and on - site inspections .


### data protection rules at europol should be strengthened and draw on the principles underpinning regulation no 45 / 200132 to ensure a high level of protection of individuals with regard to processing of personal data . as declaration 21 attached to the treaty recognizes the specificity of personal data processing in the law enforcement context , the data protection rules of europol should be autonomous and aligned with other relevant data protection instruments applicable in the area of police cooperation in the union , in particular convention no . 10833 and recommendation no r of the council of europe34 and council framework decision 2008 / 977 / jha on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters35 [ to be replaced by the relevant directive in force at the moment of adoption ] . ### data protection rules at europol should be strengthened and aligned with other relevant data protection instruments applicable to processing of personal data in the area of police cooperation in the european union to ensure a high level of protection of individuals with regard to processing of personal data . while decision 2009 / 371 / jha provides for an adequate data protection regime for europol , it should be further elaborated to align europol with the requirements of the lisbon treaty , reflect the growing role of europol and improve the rights of data subjects . data protection rules at europol should be strengthened and draw on the principles underpinning regulation no 45 / 200132 to ensure a high level of protection of individuals with regard to processing of personal data , as well as on other data protection principles , including accountability principle , data protection impact assessment , privacy by design and by default and notification of personal data breaches . as soon as the new data protection framework of the eu institutions and bodies will be adopted , it should be applicable to europol . as declaration 21 attached to the treaty acknowledges , the specific nature of the processing of personal data in the law enforcement context proves necessary that specific rules on the protection of personal data and the free movement of such data are established for europol based on article 16 of the treaty on the functioning of the european union and aligned with other relevant data protection instruments applicable in the area of police cooperation in the union , in particular convention no . 10833 and its additional protocol of 8 november 2001 and recommendation no r of the council of europe34 and council framework decision 2008 / 977 / jha on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters35 [ to be replaced by the relevant directive in force at the moment of adoption ] . transparency is a crucial part of data protection since it enables other data protection principles and rights to be exercised . to enhance transparency , europol should have transparent data protection policies that it should make easily publicly available setting out in an intelligible form and using clear and plain language the provisions regarding the processing of personal data and the means available for the exercise of the rights of data subjects , as well as publish a list of the international and cooperation agreements it has with third countries , union bodies and international organisations .


### the executive director may be removed from office only upon a decision of the management board acting on a proposal from the commission . ### the executive director may be removed from office only upon a decision of the management board acting on a proposal from the commission or the european parliament .


### moreover the management board may , in agreement with the european data protection supervisor , authorise a set of transfers in conformity with points to above , taking into account of the existence of safeguards with respect to the protection of privacy and fundamental rights and freedoms of individuals , for a period not exceeding one year , renewable . ### moreover the management board may , in agreement with the european data protection supervisor and the joint supervisory authority , authorise a set of transfers in conformity with points to above on a case - by - case basis and taking into account of the existence of safeguards with respect to the protection of privacy and fundamental rights and freedoms of individuals , for a period not exceeding one year , renewable .


### the management board shall adopt the annual work programme the latest by 30 november each year , based on a draft put forward by the executive director , taking into account the opinion of the commission . it shall forward it to the european parliament , the council , the commission and national parliaments . ### the management board shall adopt , in agreement with the parliamentary scrutiny unit , the annual work programme the latest by 30 november each year , based on a draft put forward by the executive director , taking into account the opinion of the commission . it shall forward the draft work programme to the european parliament , the council , the commission and national parliaments at least three months prior to adoption .


### europol may retrieve and process information , including personal data , from information systems , of a national , union or international nature , including by means of computerised direct access , in so far as authorised by union , international or national legal instruments . the applicable provisions of such union , international or national legal instruments shall govern the access to and use of that information by europol insofar as they provide for stricter rules on access and use than those of this regulation . the access to such information systems shall be granted only to duly authorised staff of europol as far as this is necessary for the performance of their tasks . ### europol may retrieve and process information , including personal data , from information systems , of a union or international nature , including by means of computerised direct access , in so far as authorised by union , international or national legal instruments and where the necessity and proportionality of such access for the performance of a task falling under europol ' s mandate can be demonstrated . the applicable provisions of such union , international or national legal instruments shall govern the access to and use of that information by europol insofar as they provide for stricter rules on access and use than those of this regulation . they shall lay down the objectives of that specific processing , the categories of personal data to be processed , the purposes and means of the processing and the procedure to be followed for the retrieval and further processing of the personal data . the access to such information systems shall be granted only to duly authorised staff of europol as far as this is strictly necessary and proportionate for the performance of its task .


### adopt a consolidated annual activity report on europol ' s activities and send it , by 1 july of the following year , to the european parliament , the council , the commission , the court of auditors and national parliaments . the consolidated annual activity report shall be made public ; ### adopt a consolidated annual activity report on europol ' s activities and send it , by 1 july of the following year , to the european parliament , the council , the commission , the european data protection supervisor , the court of auditors and national parliaments . the consolidated annual activity report shall be made public ;


### ' the competent authorities of the member states ' means all police authorities and other law enforcement services existing in the member states which are responsible under national law for preventing and combating criminal offences ; ### ' competent authorities ' means agencies or bodies established by legal acts adopted by the council pursuant to title vi of the treaty on european union , as well as police , customs , judicial and other authorities of the member states that are authorised by national law to process personal data within the scope of this regulation ;


### accurate and , where necessary , kept up to date ; every reasonable step must be taken to ensure that personal data that are inaccurate , having regard to the purposes for which they are processed , are erased or rectified without delay ; ### accurate and kept up to date ; every reasonable step must be taken to ensure that personal data that are inaccurate , having regard to the purposes for which they are processed , are erased or rectified without delay ;


### the european data protection supervisor shall draw up an annual report on the supervisory activities on europol . this report shall be part of the annual report of the european data protection supervisor referred to in article 48 of regulation no 45 / 2001 . ### the joint supervisory authority shall draw up an annual report on the supervisory activities on europol to be presented to the european parliament , to the council , to the european commission and to national parliaments . .


### the transfer is otherwise necessary or legally required on important public interest grounds , or for the establishment , exercise or defence of legal claims ; or ### the transfer is necessary or legally required in an individual case for the establishment , exercise or defence of legal claims relating to the prevention , investigation , detection or prosecution of a specific criminal offence ; or


### the european data protection supervisor shall draw up an annual report on the supervisory activities on europol . this report shall be part of the annual report of the european data protection supervisor referred to in article 48 of regulation no 45 / 2001 . ### the european data protection supervisor shall draw up an annual report on the supervisory activities on europol . this report shall include information and statistics regarding complaints , inquiries , investigations , the processing of sensitive information , transfers of personal data to third countries and international organisations , prior checking and the use of the powers referred to in paragraph 3 . this report shall be sent to the european parliament , the council , the commission and the national data protection authorities . on the basis of this report , the european parliament and the council may request the european data protection supervisor to undertake additional action to ensure the application of the provisions of this regulation .


### member states shall have indirect access on the basis of a hit / no hit system to information provided for the purposes of article 24 , without prejudice to any restrictions indicated by the member states , union bodies and third countries or international organisations providing the information , in accordance with article 25 . in the case of a hit , europol shall initiate the procedure by which the information that generated the hit may be shared , in accordance with the decision of the member state that provided the information to europol . ### member states shall have indirect access on the basis of a hit / no hit system to information provided for the a specific purpose under article 24 , without prejudice to any restrictions indicated by the member states , union bodies and third countries or international organisations providing the information , in accordance with article 25 . in the case of a hit , europol shall initiate the procedure by which the information that generated the hit may be shared , in accordance with the decision of the member state , union body , third country or international organisation that provided the information to europol and to the extent that the data that generated the hit are necessary for the legitimate performance of their tasks .


### for the purpose of enabling it to exercise parliamentary scrutiny of europol ' s activities in accordance with article 53 , access to european union classified information and sensitive non - classified information processed by or through europol may be granted to the european parliament and its representatives upon request . 2 . access to european union classified information and sensitive non - classified information shall be in compliance with the basic principles and minimum standards as referred to in article 69 . the details shall be governed by a working arrangement concluded between europol and the european parliament . ### for the purpose of enabling it to exercise parliamentary scrutiny of europol ' s activities in accordance with article 53 , access to european union classified information and sensitive non - classified information processed by or through europol shall be granted to the european parliament and its representatives upon request , after consultation of the data provider and after deletion of personal data . 2 . access to european union classified information and sensitive non - classified information shall be in compliance with the basic principles and minimum standards laid down in the decision of the bureau of the european parliament of 15 april 2013 concerning the rules governing the treatment of confidential information by the european parliament1 . the details shall be governed by a working arrangement concluded between europol and the european parliament on the basis of annex ii of the framework agreement on relations between the european parliament and the european commission . _____________ 1 not yet published in the official journal


### personal data referred to in paragraphs 1 and 2 shall not be transmitted to member states , union bodies , third countries or international organisations unless strictly necessary in individual cases concerning crime that falls under europol ' s objectives . ### personal data referred to in paragraphs 1 and 2 shall not be transmitted to member states , union bodies , third countries or international organisations unless strictly necessary and duly justified in individual cases concerning crime that falls under europol ' s objectives . such transmission shall be in accordance with the provisions laid down in chapter vi of this regulation .


### for the purpose of enabling it to exercise parliamentary scrutiny of europol ' s activities in accordance with article 53 , access to european union classified information and sensitive non - classified information processed by or through europol may be granted to the european parliament and its representatives upon request . ### for the purpose of enabling it to exercise parliamentary scrutiny of europol ' s activities in accordance with article 53 , access to european union classified information and sensitive non - classified information processed by or through europol shall be granted to the european parliament and its representatives upon request and , where relevant , after the consent of the data provider .


### conscious of the potential that diversification offers for small scale coastal fishermen and their crucial role in coastal communities , the emff should help diversification by covering business start - ups and investments for the retrofitting of their vessels , in addition to the relevant training to acquire professional skills in the relevant field outside fishing activities . ### conscious of the potential that diversification offers for small scale coastal fishermen and their crucial role in coastal communities , the emff should help diversification within fishing and ancillary activities by covering business start - ups and investments for the retrofitting of their vessels , in addition to the relevant training to acquire professional skills in the relevant field outside other fishing activities .


### in fisheries areas , community - led local development should encourage innovative approaches to create growth and jobs , in particular by adding value to fisheries products and diversifying the local economy towards new economic activities , including those offered by ' blue growth ' and the broader maritime sectors . ### in fisheries areas , community - led local development should encourage innovative approaches to create growth and jobs , in particular by adding value to fisheries products and diversifying the local economy , where necessary , towards other economic activities within the fisheries sector .


### in order to address health and safety needs on board , the emff should support investments covering safety and hygiene on board . ### in order to address health and safety needs on board , the emff should support investments covering safety and hygiene on board , as well as improved living conditions .


### to ensure that the emff contributes to the achievement of the objectives of the cfp , the imp and the europe 2020 strategy , it is necessary to focus on a limited number of core priorities relating to fostering innovation and knowledge based fisheries and aquaculture , promoting sustainable and resource - efficient fishing and aquaculture , and increasing employment and territorial cohesion by unlocking the growth and job potential of coastal and inland fisheries communities and promoting diversification of fisheries activities into other sectors of the marine economy . ### to ensure that the emff contributes to the achievement of the objectives of the cfp , the imp and the europe 2020 strategy , it is necessary to focus on a limited number of core priorities relating to fostering innovation and knowledge based fisheries and aquaculture , promoting sustainable and resource - efficient fishing and aquaculture , and maintaining and increasing employment and the social and territorial cohesion of coastal and inland fisheries communities .


### as the compensation coverage under directive 94 / 19 / ec is now higher than the one under this directive , it is necessary to provide the highest protection to investors in cases where both directives 94 / 19 / ec and 97 / 9 / ec could cover assets held by banks . therefore , in those cases , the investor should be compensated under directive 94 / 19 / ec . ### in cases where assets held by banks could be covered by directives 94 / 19 / ec and 97 / 9 / ec investors should be compensated under directive 94 / 19 / ec .


### member states shall ensure that the cost of financing schemes is ultimately borne in relation to investment business by the investment firms or third party custodians covered by the scheme and in relation to ucits activities , by ucits or their depositaries or third parties who are covered by the scheme . regular contributions by members shall be raised annually . ### member states shall ensure that the cost of financing schemes is ultimately borne in relation to investment business and only by the investment firms . regular contributions by members shall be raised annually .


### in order to ensure investors receive the compensation provided for under this directive and a comparable level of investor protection across member states , it is necessary to introduce common rules governing the funding of the schemes . the schemes should be financed in proportion to their liabilities . an appropriate level of pre - funding should be ensured and the schemes should have in place adequate arrangements to assess and reach their target funding level prior to the occurrence of any loss event relevant under directive 97 / 9 / ec . a common minimum target fund level should be reached within a ten - year period . ### in order to ensure investors receive the compensation provided for under this directive and a comparable level of investor protection across member states , it is necessary to introduce common rules governing the funding of the schemes . the schemes should be financed in proportion to their liabilities . investment firms and ucits should therefore be obliged to contract with an insurance company ensuring the compensation provided for under this directive . a common minimum target insurance level should be reached within a five - year period .


### – improve skills in inland navigation in order to safeguard the development and future of the profession , ### – improve skills among actors especially employees and operators in inland navigation in order to safeguard the development and future of the profession ,


### article 20 of the treaty provides for citizenship of the union as additional to national citizenship of the respective member states , stipulating that every person holding the nationality of a member state shall be a citizen of the union . the second paragraph of article 20 specifies that citizens of the union shall enjoy the rights and be subject to the duties provided for in the treaties , and that they shall have , inter alia , the right to move and reside freely within the territory of the member states . the right of union citizens to free movement and residence is further enshrined in article 21 of the treaty . ### article 20 of the treaty on the functioning of the european union provides for citizenship of the union as additional to national citizenship of the respective member states , stipulating that every person holding the nationality of a member state shall be a citizen of the union . article 20 tfeu specifies that citizens of the union shall enjoy the rights and be subject to the duties provided for in the treaties , and that they shall have , inter alia : the right to move and reside freely within the territory of the member states ; the right to vote and to stand as candidates in elections to the european parliament and in municipal elections in their member state of residence , under the same conditions as nationals of that state ; the right to enjoy , in the territory of a third country in which the member state of which they are nationals is not represented , the protection of the diplomatic and consular authorities of any member state on the same conditions as the nationals of that state ; the right to petition the european parliament , to apply to the european ombudsman , and to address the institutions and advisory bodies of the union in any of the treaty languages and to obtain a reply in the same language . the rights arising from citizenship of the union are further enshrined in articles 21 , 22 , 23 and 24 tfeu .


### in the eu citizenship report 2010 ‘ dismantling the obstacles to eu citizens’ rights ‘ , the commission addressed the main obstacles which citizens still encounter in their daily lives when they seek to exercise their rights as union citizens , in particular in cross - border situations and outlined 25 concrete actions to remove these obstacles . one of the obstacles identified in this context was lack of information . the commission concluded , in the eu citizenship report 2010 , that union citizens are prevented from enjoying their rights because they lack awareness of them and announced its intention to step up the dissemination of information to union citizens about their rights , in particular about their right to free movement . ### in the eu citizenship report 2010 ‘ dismantling the obstacles to eu citizens’ rights ‘ , the commission addressed the main obstacles which citizens still encounter in their different roles in their daily lives when they seek to exercise their rights as union citizens , in particular in cross - border situations and outlined 25 concrete actions to remove these obstacles . one of the obstacles identified in this context was lack of information , in combination with language difficulties . the commission concluded , in the eu citizenship report 2010 , that union citizens are prevented from enjoying their rights because they lack awareness of them and announced its intention to step up the dissemination of information to union citizens about their rights . such information should be provided in all official languages of the union and also available in appropriate formats for those with particular disabilities .


### – to raise union citizens ' awareness of how they can tangibly benefit from union rights and policies while living in another member state , and to stimulate their active participation in civic fora on union policies and issues ; ### – to raise union citizens ' awareness of how they can tangibly benefit from union rights and policies while living and working in another member state , of how they can effectively exercise their rights and to stimulate their active participation in civic fora on union policies , issues and political processes ;


### to ensure a uniform and high - quality external border control and to facilitate legitimate travel across external borders within the framework of the eu internal security strategy , the instrument should contribute to the development of a european common integrated border management system , which includes all the measures involving policy , legislation , systematic co - operation , the distribution of the burden , personnel , equipment and technology taken at different levels by the competent authorities of the member states , acting in co - operation with the frontex agency , with third - countries and , where necessary , with other actors , utilising , inter alia , the four - tier border security model and integrated risk analysis of the european union . ### to ensure a uniform and high - quality external border control and to organise and facilitate regular migration and mobility within the framework of the eu internal security strategy , the instrument should contribute to the development of a european common integrated border management system , which includes all the measures involving policy , legislation , systematic co - operation , the distribution of the burden , personnel , equipment and technology taken at different levels by the competent authorities of the member states , acting in co - operation with the frontex agency , with third - countries and , where necessary , with other actors , utilising , inter alia , the four - tier border security model and integrated risk analysis of the european union .


### infrastructures , buildings and operating equipment required for the processing of visa applications and consular co - operation ; ### infrastructures , buildings and operating equipment required for the processing of visa applications , consular co - operation and other actions aimed at improving the quality of service to visa applicants ;


### the achievement of this objective shall be measured against indicators such as , inter alia , the development of equipment for border control and the apprehensions of irregular third - country nationals at the external border in correspondence with the risk of the relevant section of the external border . ### the achievement of this objective shall be measured against indicators such as , inter alia , the apprehensions of irregular third - country nationals at the external border in correspondence with the risk of the relevant section of the external border and the number of third - country nationals regularly crossing the same section of the external border .


### – staff cost ### – staff costs , including for training


### supporting a common visa policy to facilitate legitimate travel , ensure equal treatment of third country nationals and tackle irregular migration ### supporting a common visa policy to organise and facilitate regular migration and mobility , provide a high quality of service to visa applicants , ensure equal and decent treatment of third - country nationals and prevent irregular migration


### promoting the development and implementation of the common policy on visas and other short - stay residence permits , including consular co - operation ; ### promoting the development and implementation of the common policy on visas and other short - stay residence permits , including consular co - operation and consular coverage , making full use of the practical improvements and flexibility provided by the community code on visas established by regulation no 810 / 2009 of the european parliament and of the council of 13 july 2009 ;


### the instrument should also support the development by the european union of it systems which would equip member states with the tools to manage the movement of third - country nationals across borders more efficiently and to ensure a better identification and verification of travellers . to this end , a programme should be established the aim of which is to cover cost for the development of both the central and national components of such systems , ensuring technical consistency , cost savings and a smooth implementation in the member states . ### the instrument should also support the development by the union of it systems which would equip member states with the tools to manage the movement of third - country nationals across borders more efficiently and to ensure more effective identification and verification of travellers , thereby enhancing border security and generating positive economic impacts . to this end , a programme should be established the aim of which is to cover cost for the development of both the central and national components of such systems , ensuring technical consistency , cost savings and a smooth implementation in the member states .


### the union ' s objective of ensuring a high level of security within an area of freedom , security and justice of the treaty on the functioning of the union ) should be achieved , inter alia , through common measures on the crossing of internal borders by persons and border control at external borders and the common visa policy as part of a multi - layer system aimed at facilitating legitimate travel and tackling illegal immigration . ### the union ' s objective of offering its citizens an area of freedom , security and justice without internal frontiers , in which the free movement of persons is ensured of the treaty on european union ) , should be achieved following the principle of solidarity and fair sharing of responsibility between member states , inter alia , through common measures on the crossing of internal borders by persons and border control at external borders and the common visa policy as part of a multi - layer system , which is fair towards third - country nationals and aims at organising and facilitating regular migration and mobility , while fighting against organised crime and trafficking in human beings and , article 71 and article 80 of the treaty on the functioning of the european union ) ;


### reinforcing the co - operation between member states operating in third countries as regards the flows of third - country nationals into the territory of member states , as well as the co - operation with third countries in this regard . ### reinforcing the co - operation between member states operating in third countries as regards the flows of third - country nationals into the territory of member states , as well as the co - operation with third countries in this regard , in full compliance with union foreign policy principles and subject to the agreement of the european external action service .


### external maritime borders shall mean the outer limit of the territorial sea of the member states as defined according to articles 4 to 16 of the united nations convention on the law of the sea . however , in cases where long range operations on a regular basis are required in order to prevent irregular migration / illegal entry , this shall be the outer limit of high threat areas . this shall be determined by taking into account the relevant data on these operations in 2014 - 2016 as provided by the member states in question . ### external maritime borders shall mean the outer limit of the territorial sea of the member states as defined according to articles 4 to 16 of the united nations convention on the law of the sea . however , where long range operations on a regular basis are required in the case of high risk , this can be the outer limit of the contiguous zone as defined according to article 33 of the united nations convention on the law of the sea . this shall be determined by taking into account the relevant data on these operations in 2014 - 2016 as provided by the member states in question .


### increasing the capacity to face upcoming challenges including present and future threats and pressures at the external borders of the union , taking into account in particular the frontex risk analysis . ### increasing the capacity to face upcoming challenges at the external borders , taking into account in particular the frontex risk analysis .


### this instrument should be implemented in full respect of the rights and principles enshrined in the charter of fundamental rights of the european union . ### respecting the human rights of immigrants and refugees is of key importance for the union . the instrument should be implemented in full respect of the rights and principles enshrined in the charter of fundamental rights of the european union , the european convention for the protection of human rights and fundamental freedoms , the geneva convention relating to the status of refugees , the un convention on the law of the sea , un human rights treaties and international humanitarian law .


### supporting and expanding the existing capacity at national level in the management of the external borders , bearing in mind inter alia new technology , developments and / or standards in relation to the management of migration flows ; ### supporting and expanding the existing capacity at national level as regards visa policy and the management of the external borders ;


### setting up and running it systems , their communication infrastructure and equipment supporting the management of migration flows across the external borders of the union ; ### setting up and running it systems , their communication infrastructure and equipment that support the control of crossings at the external borders of the union and fully respect personal data protection legislation ;


### ensuring the efficient and uniform application of the union’s acquis on borders and visas , including the functioning of the schengen evaluation and monitoring mechanism ; ### ensuring the efficient and uniform application of the union’s acquis on borders , asylum and visas , including the functioning of the schengen evaluation and monitoring mechanism ;


### the achievement of this objective shall be measured against indicators such as , inter alia , the number of consular posts equipped , secured and / or enhanced to ensure the efficient processing of visa applications and provide quality of service to visa applicants ### the achievement of this objective shall be measured against indicators such as , inter alia , the number of consular posts equipped , secured and / or enhanced to ensure the efficient processing of visa applications and the number of third country nationals obtaining visas related to the number of applicants .


### in the same vein , the scope of the actions and the ceiling for resources which remain available to the union should be increased to enhance the capacity of the union to carry out in a given budget year multiple activities on the management of external borders and the common visa policy in the interest of the union as a whole , when and insofar as the needs arise . such union actions include studies and pilot projects to further the policy and its application , measures or arrangements in third countries addressing migratory pressures from those countries in the interest of an optimal management of migration flows into the union and an efficient organisation of the related tasks at external borders and consulates . ### in the same vein , the scope of the actions and the ceiling for resources which remain available to the union should be increased to enhance the capacity of the union to carry out in a given budget year multiple activities on the management of external borders and the common visa policy in the interest of the union as a whole , when and insofar as the needs arise . such union actions include studies and pilot projects to further the policy and its application , measures or arrangements in third countries organising and facilitating regular migration and mobility from those countries in the interest of an optimal management of migration flows into the union and an efficient organisation of the related tasks at external borders and consulates .


### to support the preparatory , monitoring , administrative and technical support , development of an evaluation mechanism , required to implement external borders and visa policies , including to implement schengen governance as determined by the schengen evaluation and monitoring mechanism as established by the regulation no &#8230 ; on the establishment of an evaluation and monitoring mechanism to verify the application of the schengen acquis and the schengen borders code ; ### to support the preparatory , monitoring , administrative and technical support for the development of an evaluation mechanism , required to implement external borders , asylum and visa policies &#8211 ; including with regard to compliance with human rights obligations and humanitarian law &#8211 ; including to implement schengen governance as determined by the schengen evaluation and monitoring mechanism as established by the regulation no . . . on the establishment of an evaluation and monitoring mechanism to verify the application of the schengen acquis and the schengen borders code ;


### the general objective of the instrument shall be to contribute to ensuring a high level of security in the european union . ### the general objective of the instrument shall be to contribute to ensuring uniform and high - quality external border control while organising and facilitating regular migration and mobility in a secure environment in the union , making sure that the union ' s commitment to fundamental freedoms and human rights is upheld .


### it should include support for national measures and cooperation between member states in the area of visa policy and other pre - frontier activities that take place prior to external border controls . the efficient management of activities organised by the services of the member states in third countries is in the interest of the common visa policy as part of a multi - layered system aimed at facilitating legitimate travel and tackling irregular immigration into the european union , and constitutes an integral part of the common integrated border management system . ### it should include support for national measures and cooperation between member states in the area of visa policy and other pre - frontier activities that take place prior to external border controls , in particular those which organise and facilitate regular migration and mobility . the efficient management of activities organised by the services of the member states in third countries is in the interest of the common visa policy as part of a multi - layered system aimed at offering a high - quality service to third - country nationals , organising and facilitating regular migration and mobility and preventing irregular immigration into the union , and constitutes an integral part of the common integrated border management system .


### measures in and in relation to third countries supported through this instrument should be taken in synergy and coherence with other actions outside the eu supported through union external assistance instruments , both geographic and thematic . in particular , in implementing such actions full coherence should be sought with the principles and general objectives of the union external action and foreign policy related to the country or region in question . they should not be intended to support actions directly development - oriented and they should complement , when appropriate , the financial assistance provided through external aid instruments . coherence will also be sought with the union humanitarian policy , in particular as regards the implementation of emergency measures . ### measures in and in relation to third countries supported through this instrument should comply with norms and standards at least equivalent to those set by union legislation , including when cooperation with third countries takes place on the territory of those countries . those measures should be taken in synergy and coherence with other actions outside the union supported through union external assistance instruments , both geographic and thematic . in particular , in implementing such actions full coherence should be sought with the principles and general objectives of the union external action and foreign policy related to the country or region in question and the agreement of the relevant departments of the european external action service will be required . coherence and complementarity should also be sought with the union humanitarian policy , in particular as regards the implementation of emergency measures .


### supporting borders management , to ensure , on one hand , a high level of protection of external borders and , on the other hand , the smooth crossing of the external borders in conformity with the schengen acquis ### supporting borders management , to ensure , on one hand , a high level of control of external borders and , on the other hand , the smooth crossing of the external borders in conformity with the schengen acquis


### supporting the further development of the management of migration flows by consular and other services of the member state in third countries , with a view to facilitating legitimate travel to and preventing irregular migration into the union ; ### supporting the further development of the management of migration flows by consular and other services of the member state in third countries in full compliance with union foreign policy , with a view to organising and facilitating regular migration and mobility and preventing irregular migration into the union ;


### compliance with the union acquis on borders and visa ; ### compliance with the union acquis on borders , asylum and visa ;


### the union ' s objective of ensuring a high level of security within an area of freedom , security and justice of the treaty on the functioning of the union ) should be achieved , inter alia , through common measures on the crossing of internal borders by persons and border control at external borders and the common visa policy as part of a multi - layer system aimed at facilitating legitimate travel and tackling illegal immigration . ### the union ' s objective of offering its citizens an area of freedom , security and justice without internal frontiers , in which the free movement of persons is ensured of the treaty on european union ) , should be achieved following the principle of solidarity and fair sharing of responsibility between member states , inter alia , through common measures on the crossing of internal borders by persons and border control at external borders and the common visa policy as part of a multi - layer system , which is fair towards third - country nationals and aims at organising and facilitating regular migration and mobility , while fighting against organised crime and trafficking in human beings and , article 71 and article 80 of the treaty on the functioning of the european union ) ;