### 2. acknowledges that the court issued a qualified audit opinion with respect to the legality and regularity of the payments underlying the accounts of the agency for the 2020; notes the court’s explanation that the qualified opinion was issued in relation to two payments that were considered not compliant to the provisions of framework contracts , amounting in total to eur 10 405 074 in 2020 , representing 4 ,1 % of the total payment appropriations available in 2020; takes note of the agency’s reply that the largest irregular payment was connected to an administrative omission regarding the acquisition of software different from the software offered by the contractor in the tender for the associated framework contract; notes the agency’s explanation that the need to change one of the auxiliary software products used in the operation of the shared biometric matching system (sbms) was of a pure operational nature , with the purpose of reducing the duplication of training and support efforts , ultimately reducing the overall operational costs for the agency; underlines that following the issuance of the court’s observation , the agency responded promptly , signing an amendment to the framework contract in order to rectify the initial omission; points out that shortcomings in dedicated administrative positions may have a negative impact on the functioning of the procurement procedures within the agency; invites the commission and the agency to engage in an active dialogue on improving the agency’s establishment plan , especially with respect to the level at which posts are allocated; ### 2. acknowledges that the court issued a qualified audit opinion with respect to the legality and regularity of the payments underlying the accounts of the agency for the 2020; notes the court’s explanation that the qualified opinion was issued in relation to two payments that were considered not compliant to the provisions of framework contracts , amounting in total to eur 10 405 074 in 2020 , representing 4 ,1 % of the total payment appropriations available in 2020; stresses that once of the payments that contravenes the provisions of the framework contract is related to an order form for maintenance services covering a period of four years signed by the agency , whereas the contract framework only allowed services to be invoiced in advance for one year; takes note of the agency’s reply that the largest irregular payment was connected to an administrative omission regarding the acquisition of software different from the software offered by the contractor in the tender for the associated framework contract; notes the agency’s explanation that its intention was to change one of the auxiliary software products used in the operation of the shared biometric matching system (sbms) and was thus of an operational nature , with the purpose of reducing the duplication of training and support efforts , ultimately reducing the overall operational costs for the agency; stresses the importance of compliance with framework contracts to avoid reputational risks and considers that any suggestion to reduce the overall operational costs of the agency should be planned in advance; underlines that following the issuance of the court’s observation , the agency responded promptly , signing an amendment to the framework contract in order to rectify the initial omission; points out that shortcomings in dedicated administrative positions may have a negative impact on the functioning of the procurement procedures within the agency; invites the commission and the agency to engage in an active dialogue on improving the agency’s establishment plan , especially with respect to the level at which posts are allocated;


### 3. welcomes the significant decrease in carry-overs as compared to the agency’s very low budget implementation in 2019 (55 % of appropriations in the final adopted budget); regrets that the rate of carry-overs remain substantial compared to the total budget , especially with regards to title ii (59 ,4 %) and title iii (23 %); calls on the agency to further ensure the respect of the principle of annuality; ### 3. welcomes the decrease in carry-overs as compared to the agency’s low budget implementation in 2019 (55 % of appropriations in the final adopted budget); regrets that , according to the court , the excessive amount of carry-overs is indicative of various structural issues affecting compliance with articles 9 , 12 and 28 of the agency's financial rules; further regrets that the rate of carry-overs remain substantial compared to the total budget , especially with regards to title ii (59 ,4 %) and title iii (23 %); calls on the agency to ensure the respect of the principle of annuality;


### 4. welcomes that despite the covid-19 pandemic , the agency ensured the uninterrupted availability of the existing large-scale it systems (sis , vis , eurodac) and made further progress with the implementation of ees , etias and the interoperability package; ### 4. notes that despite the covid-19 pandemic , the agency ensured the uninterrupted availability of the existing large-scale it systems (sis , vis , eurodac) and made further progress with the implementation of ees , etias and the interoperability package;


### the national contact points shall be responsible for supplying the data referred to in articles 6 , 7 , 13 , 18 , 22 and 26. ### the national contact points shall be responsible for supplying the data referred to in articles 6 , 7 , 13 , 18 , and 26.


### the commission shall adopt implementing acts to specify the technical arrangements for the procedures set out in articles 6 , 7 , 13 , 18 , 22 and 26. those implementing acts shall be adopted in accordance with the procedure referred to in article 76(2). ### the commission shall adopt implementing acts to specify the technical arrangements for the procedures set out in articles 6 , 7 , 13 , 18 , and 26. those implementing acts shall be adopted in accordance with the procedure referred to in article 76(2).


### member states and europol shall observe common technical specifications in connection with all requests and answers related to searches and comparisons of dna profiles , dactyloscopic data , vehicle registration data , facial images and police records. the commission shall adopt implementing acts to specify these technical specifications in accordance with the procedure referred to in article 76(2). ### member states and europol shall observe common technical specifications in connection with all requests and answers related to searches and comparisons of dna profiles , dactyloscopic data , vehicle registration data. the commission shall adopt implementing acts to specify these technical specifications in accordance with the procedure referred to in article 76(2).


### 1. member states shall take all necessary measures to ensure that automated searching or comparison of dna profiles , dactyloscopic data , vehicle registration data , facial images and police records is possible 24 hours a day and seven days a week. ### 1. member states shall take all necessary measures to ensure that automated searching or comparison of dna profiles , dactyloscopic data , and vehicle registration data is possible 24 hours a day and seven days a week.


### the purpose of the query , including a reference to the specific case or investigation; ### the purpose of the query , including a reference to the specific case or investigation , and information about the specific criminal offence;


### an indication on whether the query concerns a suspect or a perpetrator of a criminal offence; ### an indication on whether the query concerns a suspect or a person convicted of a serious criminal offence;


### 1. the universal message format (umf) standard shall be used in the development of the router referred to in article 35 and epris. ### 1. the universal message format (umf) standard shall be used in the development of the router referred to in article 35.


### a central infrastructure , including a search tool enabling the simultaneous querying of member states’ databases referred to in articles 5 , 12 and 21 as well as of europol data; ### a central infrastructure , including a search tool enabling the simultaneous querying of member states’ databases referred to in articles 5 , 12 and 21;


### the use of the router shall be reserved to the member states’ authorities that have access to the exchange of dna profiles , dactyloscopic data and facial images , and europol in accordance with this regulation and regulation (eu) 2016/794. ### the use of the router shall be reserved only to the specific individuals within the member states’ designated authorities and for whom it is strictly necessary to access to dna profiles , and dactyloscopic data , in accordance with this regulation. each individual shall undergo prior , individual authorisation to use the router and shall have completed data protection training.


### 1. the router users referred to in article 36 shall request a query by submitting biometric data to the router. the router shall dispatch the request for a query to the member states’ databases and europol data simultaneously with the data submitted by the user and in accordance with their access rights. ### 1. the router users referred to in article 36 shall request a query by submitting biometric data to the router. the router shall dispatch the request for a query to the member states’ databases simultaneously with the data submitted by the user and in accordance with their access rights.


### 2. on receiving the request for a query from the router , each requested member state and europol shall launch a query of their databases in an automated manner and without delay. ### 2. on receiving the request for a query from the router , each requested member state shall launch a query of their databases in an automated manner and without delay.


### 3. any matches resulting from the query in each member states’ databases and europol data shall be sent back in an automated manner to the router. ### 3. any matches resulting from the query in each member states’ databases shall be sent back to the router , following the manual review process set out in articles 6(3-5) , 13(3-5) or 18(3-5) , according to the type of data.


### 4. the router shall rank the replies in accordance with the score of the correspondence between the biometric data used for querying and the biometric data stored in the member states’ databases and europol data. ### 4. the router shall rank the replies in accordance with the score of the correspondence between the biometric data used for querying and the biometric data stored in the member states’ databases. the ranking process and technology shall be verified by the european data protection board to make sure that the thresholds are sufficiently high to ensure accuracy , reasonably minimise the risk of misidentification and prevent discrimination.


### 5. the list of matching biometric data and their scores shall be returned to the router user by the router. ### 5. the list of matching biometric data and their scores shall be returned to the router user by the router , and shall be limited to a maximum number of candidates that can be returned per search in order to ensure accuracy , reasonably minimise the risk of misidentification and prevent discrimination. the european data protection board shall verify the number of candidates.


### 6. the commission shall adopt implementing acts to specify the technical procedure for the router to query member states’ databases and europol data , the format of the router replies and the technical rules for scoring the correspondence between biometric data. these implementing acts shall be adopted in accordance with the procedure referred to in article 76(2). ### 6. the commission shall adopt implementing acts to specify the technical procedure for the router to query member states’ databases , the format of the router replies and the technical rules for scoring the correspondence between biometric data. these implementing acts shall ensure that the thresholds are sufficiently high to ensure accuracy , reasonably minimise the risk of misidentification and prevent discrimination. these implementing acts shall be adopted in accordance with the procedure referred to in article 76(2).


### the requested member state shall check the quality of the transmitted data by means of a fully automated procedure. ### the requested member state shall check the quality of the transmitted data by means of an automated procedure.


### 1. the router users referred to in article 36 may launch a query to member states’ databases and europol data simultaneously with a query to the common identity repository where the relevant conditions under union law are fulfilled and in accordance with their access rights. for this purpose , the router shall query the common identity repository via the european search portal. ### 1. the router users referred to in article 36 may launch a query to member states’ databases simultaneously with a query to the common identity repository where the relevant conditions under union law are fulfilled and in accordance with their access rights. for this purpose , the router shall query the common identity repository via the european search portal. the commission shall adopt implementing acts to specify these technical arrangements in accordance with the procedure referred to in article 76(2)


### simultaneous queries of the member states’ databases and europol data and the common identity repository may only be launched in cases where it is likely that data on a suspect , perpetrator or victim of a terrorist offence or other serious criminal offences as defined respectively in article 4 , points 21 and 22 , of regulation (eu) 2019/817 and article 4 , points 21 and 22 , of regulation (eu) 2019/818 are stored in the common identity repository. ### simultaneous queries of the member states’ databases and europol data and the common identity repository may only be launched in cases where there are reasonable grounds of suspicion that data on a suspect , a person convicted of a serious criminal offence as defined respectively in article 4 , points 21 and 22 , of regulation (eu) 2019/817 and article 4 , points 21 and 22 , of regulation (eu) 2019/818 are stored in the common identity repository.


### those logs shall be protected by appropriate measures against unauthorised access and erased one year after their creation. if , however , they are required for monitoring procedures that have already begun , they shall be erased once the monitoring procedures no longer require the logs. ### those logs shall be protected by appropriate measures against unauthorised access and erased three years after their creation. if , however , they are required for monitoring procedures that have already begun , they shall be erased once the monitoring procedures no longer require the logs.


### [...] ### deleted


### where the procedures referred to in articles 6 , 7 , 13 or 22 show a match between the data used for the search or comparison and data held in the database of the requested member state(s) , and upon confirmation of this match by the requesting member state , the requested member state shall return a set of core data via the router within 24 hours. that set of core data , if available , shall contain the following data: ### where the procedures referred to in articles 6 , 7 or 13 show a match between the data used for the search or comparison and data held in the database of the requested member state(s) , and upon confirmation of this match by the requesting member state , requesting member states may decide the matches for which a follow-up is necessary and send a reasoned follow-up request to the requested member state(s) via siena.


### article 49 ### deleted


### access by europol to data stored in member states’ databases ### requests by europol to access data stored in member states’ databases


### 1. europol shall , in accordance with regulation (eu) 2016/794 , have access to data , which are stored by member states in their national databases in accordance with this regulation. ### 1. europol shall , in accordance with regulation (eu) 2016/794 , be entitled to request access to data , which are stored by member states in their national databases in accordance with this regulation.


### 2. europol queries performed with biometric data as a search criterion shall be carried out using the router. ### deleted


### 4. europol queries performed with police records as a search criterion shall be carried out using epris. ### deleted


### 5. europol shall carry out the searches in accordance with paragraph 1 only when carrying out its tasks referred to in regulation (eu) 2016/794. ### 5. europol shall carry out the searches in accordance with paragraph 1 only when carrying out its tasks referred to in points (d) , (e) , (h) , (k) , (q) , (r) , (s) , (t) of article 4 of regulation (eu) 2016/794.


### 6. where the procedures referred to in articles 6 , 7 , 13 or 22 show a match between the data used for the search or comparison and data held in the national database of the requested member state(s) , and upon confirmation of that match by europol , the requested member state shall decide whether to return a set of core data via the router within 24 hours. that set of core data , if available , shall contain the following data: ### 6. where the procedures referred to in articles 6 , 7 or 13 show a match between the data used for the search or comparison and data held in the national database of the requested member state(s) , and upon confirmation of that match by europol , the requested member state shall decide whether to return a set of core data via the router within 24 hours , in case the person is a suspect or a person convicted of a serious criminal offense. that set of core data , if available , shall contain the following data:


### 1. processing of personal data by the requesting member state or europol shall be permitted solely for the purposes for which the data have been supplied by the requested member state in accordance with this regulation. processing for other purposes shall be permitted solely with the prior authorisation of the requested member state. ### 1. processing of personal data by the requesting member state or europol shall be permitted solely for the purposes for which the data have been supplied by the requested member state in accordance with this regulation.


### establish whether the compared dna profiles , dactyloscopic data , vehicle registration data , facial images and police records match; ### establish whether the compared dna profiles , dactyloscopic data , and vehicle registration data match;


### 3. the requesting member state may process the data supplied to it in accordance with articles 6 , 7 , 13 or 22 solely where this is necessary for the purposes of this regulation. the supplied data shall be deleted immediately following data comparison or automated replies to searches unless further processing is necessary by the requesting member state for the purposes of the prevention , detection and investigation of criminal offences. ### 3. the requesting member state may process the data supplied to it in accordance with articles 6 , 7 , or 13 solely where this is necessary for the purposes of this regulation. the supplied data shall be deleted immediately following data comparison or replies to searches unless further processing is necessary by the requesting member state for the purposes of the prevention , detection and investigation of serious criminal offences.


### 2. the data controllers shall take the necessary measures to monitor the compliance of data processing pursuant to this regulation , including through frequent verification of the logs referred to in articles 40 and 45 , and cooperate , where necessary , with the supervisory authorities and with the european data protection supervisor. ### 2. the data controllers shall implement the necessary technical and organisational measures to monitor the compliance of data processing pursuant to this regulation , including through frequent verification of the logs referred to in articles 40 and 45 , and cooperate , where necessary , with the supervisory authorities and with the european data protection supervisor.


### 2. eu-lisa and europol shall supply information requested by the european data protection supervisor to it , grant the european data protection supervisor access to all the documents it requests and to their logs referred to in articles 40 and 45 and allow the european data protection supervisor access to all their premises at any time. ### 2. eu-lisa and europol shall supply information requested by the european data protection supervisor to it , grant the european data protection supervisor access to all the documents it requests and to their logs referred to in articles 40 and 45 and allow the european data protection supervisor access to all their premises at any time. this paragraph is without prejudice to other powers of the european data protection supervisor pursuant to article 58 of regulation (eu) 2018/1725.


### data processed in accordance with this regulation shall not be transferred or made available to third countries or to international organisations in an automated manner. ### any data obtained by a requesting member state in accordance with this regulation shall require the consent of the requested member state in order to be transferred to a third country or an international organisation , and shall not be transferred or made available in an automated manner.


### 6. europol shall be responsible for the procedures referred to in articles 49 and 50. ### 6. europol shall be responsible for the procedures referred to in article 50.


### 2. costs incurred in connection with the integration of the existing national infrastructures and their connections to the router and epris as well as costs incurred in connection with the establishment of national facial images databases and police national indexes for the prevention , detection and investigation of criminal offences shall be borne by the general budget of the union. ### 2. costs incurred in connection with the integration of the existing national infrastructures and their connections to the router for the prevention , detection and investigation of serious criminal offences shall be borne by the general budget of the union.


### the commission shall , in close cooperation with the member states , europol and eu-lisa , make available a practical handbook for the implementation and management of this regulation. the practical handbook shall provide technical and operational guidelines , recommendations and best practices. the commission shall adopt the practical handbook in the form of a recommendation. ### the commission shall , in close cooperation with the member states , european data protection supervisor , european data protection board , and after consultation with civil society and independent experts , europol and eu-lisa , make available a practical handbook for the implementation and management of this regulation. the practical handbook shall provide technical and operational guidelines , recommendations and best practices. the commission shall adopt the practical handbook in the form of a recommendation.


### 4. for the purposes of technical maintenance , eu-lisa and europol shall have access to the necessary information relating to the data processing operations performed in the router and epris respectively. ### 4. for the purposes of technical maintenance , eu-lisa shall have access to the necessary information relating to the data processing operations performed in the router and epris respectively. this shall exclude access to any personal data.


### (7) by providing for the automated search or comparison of dna profiles , dactyloscopic data , vehicle registration data , facial images and police records , the purpose of this regulation is also to allow for the search of missing persons and unidentified human remains. this should be without prejudice to the entry of sis alerts on missing persons and the exchange of supplementary information on such alerts under regulation (eu) 2018/1862 of the european parliament and of the council.33 ### (7) by providing for the automated search or comparison of dna profiles , dactyloscopic data and vehicle registration data. this should be without prejudice to the entry of sis alerts on missing persons and the exchange of supplementary information on such alerts under regulation (eu) 2018/1862 of the european parliament and of the council.33


### (10) the identification of a criminal is essential for a successful criminal investigation and prosecution. the automated searching of facial images of suspects and convicted criminals should provide for additional information for successfully identifying criminals and fighting crime. ### (10) the identification of a suspect of or a person convicted of a serious criminal offence is essential for a successful criminal investigation and prosecution.


### (12) participation in the exchange of police records should remain voluntary. where member states decide to participate , in the spirit of reciprocity , it should not be possible for them to query other member states’ databases if they do not make their own data available for queries by other member states. ### deleted


### (13) in recent years , europol has received a large amount of biometric data of suspected and convicted terrorists and criminals from several third countries. including third country-sourced data stored at europol in the prüm framework and thus making this data available to law enforcement authorities is necessary for better prevention and investigation of criminal offences. it also contributes to building synergies between different law enforcement tools. ### deleted


### (15) decisions 2008/615/jha and 2008/616/jha provide for a network of bilateral connections between the national databases of member states. as a consequence of this technical architecture , each member state should establish at least 26 connections , that means a connection with each member state , per data category. the router and the european police records index system (epris) established by this regulation should simplify the technical architecture of the prüm framework and serve as connecting points between all member states. the router should require a single connection per member state in relation to biometric data and epris should require a single connection per member state in relation to police records. ### (15) decisions 2008/615/jha and 2008/616/jha provide for a network of bilateral connections between the national databases of member states. as a consequence of this technical architecture , each member state should establish at least 26 connections , that means a connection with each member state , per data category. the router established by this regulation should simplify the technical architecture of the prüm framework and serve as connecting points between all member states. the router should require a single connection per member state in relation to biometric data.


### (17) in case of a match between the data used for the search or comparison and data held in the national database of the requested member state(s) , and upon confirmation of this match by the requesting member state , the requested member state should return a limited set of core data via the router within 24 hours. the deadline would ensure fast communication exchange between member states’ authorities. member states should retain control over the release of this limited set of core data. a certain degree of human intervention should be maintained at key points in the process , including for the decision to release personal data to the requesting member state in order to ensure that there would be no automated exchange of core data. ### (17) in case of a match between the data used for the search or comparison and data held in the national database of the requested member state(s) , and upon confirmation of this match by the requesting member state , the requested member state should return a limited set of core data via the router within 24 hours. the deadline would ensure fast communication exchange between member states’ authorities. member states should retain control over the release of this limited set of core data. human intervention should be maintained at key points in the process , including for the decision to release personal data to the requesting member state in order to ensure that there would be no automated exchange of core data.


### (19) the universal message format (umf) standard should be used in the development of the router and epris. any automated exchange of data in accordance with this regulation should use the umf standard. member states’ authorities and europol are encouraged to use the umf standard also in relation to any further exchange of data between them in the context of the prüm ii framework. the umf standard should serve as a standard for structured , cross-border information exchange between information systems , authorities or organisations in the field of justice and home affairs. ### (19) the universal message format (umf) standard should be used in the development of the router. any automated exchange of data in accordance with this regulation should use the umf standard. member states’ authorities and europol are encouraged to use the umf standard also in relation to any further exchange of data between them in the context of the prüm ii framework. the umf standard should serve as a standard for structured , cross-border information exchange between information systems , authorities or organisations in the field of justice and home affairs.


### this regulation establishes a framework for the exchange of information between authorities responsible for the prevention , detection and investigation of criminal offences (prüm ii). ### this regulation establishes a framework for the exchange of information between authorities responsible for the prevention , detection and investigation of serious criminal offences (prüm ii).


### this regulation lays down the conditions and procedures for the automated searching of dna profiles , dactyloscopic data , facial images , police records and certain vehicle registration data and the rules regarding the exchange of core data following a match. ### this regulation lays down the conditions and procedures for the automated searching of dna profiles , dactyloscopic data , and certain vehicle registration data and the rules regarding the exchange of core data following a match.


### the purpose of prüm ii shall be to step up cross-border cooperation in matters covered by part iii , title v , chapter 5 of the treaty on the functioning of the european union , particularly the exchange of information between authorities responsible for the prevention , detection and investigation of criminal offences. ### the purpose of prüm ii shall be to step up cross-border cooperation in matters covered by part iii , title v , chapter 5 of the treaty on the functioning of the european union , particularly the exchange of information between authorities responsible for the prevention , detection and investigation of serious criminal offences.


### the purpose of prüm ii shall also be to allow for the search for missing persons and unidentified human remains by authorities responsible for the prevention , detection and investigation of criminal offences. ### deleted


### this regulation applies to the national databases used for the automated transfer of the categories of dna profiles , dactyloscopic data , facial images , police records and certain vehicle registration data. ### this regulation applies to the national databases used for the automated transfer of the categories of dna profiles , dactyloscopic data , and certain vehicle registration data , only in the context of searches for suspects and persons convicted of serious crimes.


### (9) ‘individual case’ means a single investigation file; ### (9) ‘individual case’ means one or more persons who have been convicted of a serious crime or are reasonably suspected of a serious crime in accordance with this regulation , in a single investigation file;


### (10) ‘facial image’ means digital image of the face; ### deleted


### (11) ‘biometric data’ means dna profiles , dactyloscopic data or facial images; ### deleted


### (16) ‘police records’ means any information available in the national register or registers recording data of competent authorities , for the prevention , detection and investigation of criminal offences; ### deleted


### 1. member states shall open and keep national dna analysis files for the investigation of criminal offences. ### 1. member states shall open and keep national dna analysis files for the investigation of serious criminal offences.


### 1. member states shall allow national contact points referred to in article 29 and europol access to the dna reference data in their dna analysis files , to conduct automated searches by comparing dna profiles for the investigation of criminal offences. ### 1. member states shall allow national contact points referred to in article 29 access to the dna reference data in their dna analysis files , to conduct searches by comparing dna profiles for the investigation of serious criminal offences.


### searches may be conducted only in individual cases and in compliance with the national law of the requesting member state. ### searches may be conducted only in individual cases and in compliance with the national law of the requesting member state , and only for investigation of serious criminal offences referred to in article 2(2) of council framework decision 2002/584/jha and punishable in the requesting member state by a custodial sentence or a detention order for a maximum period of at least three years , as determined by the law of that member state..


### 2. should an automated search show that a supplied dna profile matches dna profiles entered in the requested member state's searched file , the national contact point of the requesting member state shall receive in an automated way the dna reference data with which a match has been found. ### 2. should an automated search show that a supplied dna profile matches dna profiles entered in the requested member state's searched file , the national contact point of the requesting member state shall receive a notification of a potential match..


### 3. the national contact point of the requesting member state shall confirm a match of dna profiles data with dna reference data held by the requested member state following the automated supply of the dna reference data required for confirming a match. ### 3. should the search show that a supplied dna profile matches dna profiles entered in the requested member state’s searched file , the national contact point of the requested member state shall request:


### 1. member states may , via their national contact points , compare the dna profiles of their unidentified dna profiles with all dna profiles from other national dna analysis files for the investigation of criminal offences. profiles shall be supplied and compared in an automated manner. ### 1. member states may , via their national contact points , compare the dna profiles of their unidentified dna profiles with all dna profiles from other national dna analysis files for the investigation of serious criminal offences. profiles shall be supplied and compared in an automated manner.


### 3. automated notification of a match shall only be provided if the automated search or comparison has resulted in a match of a minimum number of loci. the commission shall adopt implementing acts to specify this minimum number of loci , in accordance with the procedure referred to in article 76(2). ### 3. automated notification of a match shall only be provided if the automated search or comparison has resulted in a match of a minimum number of loci. the european data protection board shall issue guidelines to determine the minimum number of loci to ensure that the thresholds are sufficiently high to ensure accuracy , reasonably minimise the risk of misidentification and prevent discrimination. the commission shall adopt implementing acts to specify this minimum number of loci and maximum number of candidates , in accordance with the procedure referred to in article 76(2).


### 4. where a search or comparison with unidentified dna profiles results in a match , each requested member state with matching data may insert a marking in its national database indicating that there has been a match for that dna profile following another member state's search or comparison. ### 4. where a search or comparison with unidentified dna profiles results in a match , each requested member state with matching data may insert a marking in its national database indicating that there has been a match for that dna profile following another member state's search or comparison. where applicable , this marking shall include the justification pursuant to paragraph 1(3).


### 1. for the prevention , detection and investigation of criminal offences , member states shall allow national contact points of other member states and europol access to the dactyloscopic reference data in the automated fingerprint identification systems which they have established for that purpose , to conduct automated searches by comparing dactyloscopic reference data. ### 1. for the prevention , detection and investigation of serious criminal offences , member states shall allow national contact points of other member states access to the dactyloscopic reference data in the automated fingerprint identification systems which they have established for that purpose , to conduct searches by comparing dactyloscopic reference data.


### 2. the national contact point of the requesting member state shall confirm a match of dactyloscopic data with dactyloscopic reference data held by the requested member state following the automated supply of the dactyloscopic reference data required for confirming a match. ### 2. the national contact point of the requesting member state shall confirm a match of dactyloscopic data with dactyloscopic reference data held by the requested member state following the supply of the dactyloscopic reference data required for confirming a match.


### 1. for the prevention , detection and investigation of criminal offences , member states shall allow national contact points of other member states and europol access to the following national vehicle registration data , to conduct automated searches in individual cases: ### 1. for the prevention , detection and investigation of serious criminal offences , member states shall allow national contact points of other member states and europol access to the following national vehicle registration data , to conduct searches in individual cases:


### data relating to owners or operators; ### specific data on owners or operators;


### 3. searches may be conducted only in compliance with the national law of the requesting member state. ### 3. searches may be conducted only in compliance with the national law of the requesting member state , and only for investigation of criminal offences referred to in article 2(2) of council framework decision 2002/584/jha and punishable in the requesting member state by a custodial sentence or a detention order for a maximum period of at least three years , as determined by the law of that member state.


### those logs shall be protected by appropriate measures against unauthorised access and erased one year after their creation. if , however , they are required for monitoring procedures that have already begun , they shall be erased once the monitoring procedures no longer require the logs. ### those logs shall be protected by appropriate measures against unauthorised access and erased three years after their creation. if , however , they are required for monitoring procedures that have already begun , they shall be erased once the monitoring procedures no longer require the logs.


### [...] ### deleted


### 1 subject matter ### 1 aim and subject matter


### 1. this regulation addresses situations of crisis and force majeure in the field of migration and asylum within the union and provides for specific rules derogating from those set out in regulations (eu) xxx/xxx [asylum and migration management] and (eu) xxx/xxx [asylum procedures regulation] and in directive xxx [recast return directive]. ### 1. this regulation addresses a situation of emergency in the field of asylum within the union and provides for specific temporary rules.


### 2. for the purposes of this regulation , a situation of crisis is to be understood as: ### 2. the measures in this regulation shall be applied only to the extent strictly required by the exigencies of the situation , in a temporary and limited manner and only in exceptional circumstances.


### an exceptional situation of mass influx of third-country nationals or stateless persons arriving irregularly in a member state or disembarked on its territory following search and rescue operations , being of such a scale , in proportion to the population and gdp of the member state concerned , and nature , that it renders the member state’s asylum , reception or return system non-functional and can have serious consequences for the functioning the common european asylum system or the common framework as set out in regulation (eu) xxx/xxx [asylum and migration management] , or ### deleted


### an imminent risk of such a situation. ### deleted


### ii solidarity mechanism ### ii governance mechanism in a situation of emergency


### article 2 ### deleted


### iii asylum and return procedures in a situation of crisis ### iii responsibility-sharing and solidarity mechanism in a situation of emergency


### article 4 ### deleted


### article 5 ### deleted


### article 6 ### deleted


### article 7 ### deleted


### article 9 ### deleted


### v granting of immediate protection ### v granting of prima facie international protection and immediate protection


### granting of immediate protection status ### granting immediate protection status


### 1. in a crisis situation as referred to in article 1(2)(a) , and on the basis of an implementing act adopted by the commission in accordance with paragraph 4 of this article , member states may suspend the examination of applications for international protection in accordance with regulation (eu) xxx/xxx [asylum procedures regulation] and regulation (eu) xxx/xxx [qualification regulation] in respect of displaced persons from third countries who are facing a high degree of risk of being subject to indiscriminate violence , in exceptional situations of armed conflict , and who are unable to return to their country of origin. in such a case , member states shall grant immediate protection status to the persons concerned , unless they represent a danger to the national security or public order of the member state. such status shall be without prejudice to their ongoing application for international protection in the relevant member state. ### 1. in a situation of emergency as referred to in article 1a(1)(a) , the member states concerned shall grant immediate protection status to applicants for international protection who are not eligible for prima facie international protection and are facing a high degree of risk , in particular:


### 3. member states shall resume the examination of the applications for international protection that have been suspended pursuant to paragraph 1 after a maximum of one year. ### 3. such status shall be given without prejudice to an individual’s ongoing application for international protection and to the recognition of refugee status under the geneva convention in the relevant member state.


### 4. the commission shall , by means of an implementing decision: ### deleted


### adoption of implementing acts ### adoption of delegated acts


### 1. the commission shall adopt implementing acts in respect of authorising the application of the derogatory procedural rules referred to in articles 4 , 5 and 6 , and triggering the granting of immediate protection status in accordance with article 10. those implementing acts shall be adopted in accordance with the examination procedure referred to in article 12(2). ### 1. the commission shall adopt delegated acts in accordance with article 12b concerning measures set out in article 2b following an adoption of the decision on a situation of emergency and a decision to end a situation of emergency in accordance with article 11 a.


### 2. on duly justified imperative grounds of urgency , due to the situation of crisis as defined in article 1(2) in a member state , the commission shall adopt immediately applicable implementing acts in respect of authorising the application of the derogatory procedural rules referred to in articles 4 , 5 and 6 , and triggering the granting of immediate protection status in accordance with article 10. those implementing acts shall be adopted in accordance with the procedure referred to in article 12(3). ### 2. on duly justified imperative grounds of urgency , due to a situation of emergency as defined in article 1a (1) (a) , the procedure provided in article 12c shall apply to delegated acts adopted pursuant to this article.


### 3. the implementing acts shall remain in force for a period not exceeding one year. ### 3. the delegated act shall remain in force for a period of six months.


### 12 committee procedure ### 12 urgency procedure


### 1. for the implementing act referred to in article 3 , the commission shall be assisted by a committee. that committee shall be a committee within the meaning of regulation (eu) no 182/2011. ### 1. delegated acts adopted under this article shall enter into force without delay and shall apply as long as no objection is expressed in accordance with paragraph 2. the notification of a delegated act to the european parliament and to the council shall state the reasons for the use of the urgency procedure.


### 2. where reference is made to this paragraph , article 5 of regulation (eu) no 182/2011 shall apply. ### 2. either the european parliament or the council may object to a delegated act in accordance with the procedure referred to in article 2b(4). in such a case , the commission shall repeal the act immediately following the notification of the decision to object by the european parliament or by the council.


### 3. where reference is made to this paragraph , article 8 of regulation (eu) no 182/2011 , in conjunction with article 5 thereof , shall apply. ### deleted


### 3. welcomes the setting up of the covid-19 hub page to raise awareness on the impact of the diseases on people who use drugs and the 28 new projects designed by the centre , 11 of which were focused on covid-19; ### 3. welcomes the setting up of the covid-19 hub page to provide resources and raise awareness on the impact of the diseases on people who use drugs and drugs service providers , including prison services , as well as the 28 new projects designed by the centre , 11 of which were focused on covid-19;


### 4. notes with satisfaction the 35 publications by the centre , including strategic and situational analyses and threat assessments , which inform policy and practice; welcomes the close cooperation between the centre and europol and the joint publications issued in 2020; ### 4. notes with satisfaction the 35 publications by the centre , including strategic and situational analyses and threat assessments , which inform policy and practice; welcomes the close cooperation between the centre and other justice and home affairs (jha) agencies , such as european union agency for fundamental rights and europol , and the joint publications issued in 2020;


### 5. welcomes the organisation of the 2020 european drugs summer school in a fully digital format , attracting 49 participants from 30 countries; ### 5. welcomes the organisation of the 2020 european drugs summer school in a fully digital format , attracting 49 participants from 30 countries; considers it crucial in order to continue raising awareness of the importance that all drugs policies have a prevention and mental-health-based approach;


### a. whereas many women face intersecting inequalities and discrimination in the eu; whereas intersectional discrimination refers to a situation in which several grounds of discrimination operate and interact with each other , for example gender with other grounds of discrimination such as race , colour , ethnic or socio-economic status , age , sexual orientation , gender identity and expression , sex characteristics , genetic features , religion or belief , nationality , residence status , or disability , among others , in a way that they are inseparable and produce specific types of discrimination; ### a. whereas many women in all their diversity , including racialized women , women with disabilities and migrant women , face intersecting inequalities and discrimination in the eu; whereas intersectional discrimination refers to a situation in which several grounds of discrimination operate and interact with each other , for example gender with other grounds of discrimination such as race , colour , ethnic or socio-economic status , age , sexual orientation , gender identity and expression , sex characteristics , genetic features , religion or belief , nationality , residence status , or disability , among others , in a way that they are inseparable and produce specific types of discrimination;


### b. whereas the precarious situation faced by migrant domestic workers is an example where the intersectionality of race , gender , socioeconomic status and nationality is visible; ### b. whereas the precarious situation faced by migrant domestic workers is an example where the intersectionality of race , gender , socioeconomic status and nationality is visible; whereas the structural inequalities and social exclusion that romani communities experience aggravates the intersectional discrimination that roma women face; whereas the racism and sexism that muslim women endure is another example where intersectional discrimination is visible; whereas trans women , in particular black trans women or trans women of colour , contend with multiple marginalisations; whereas the intersectional discrimination that women with disabilities suffer from puts them in a more vulnerable position to be subject to social exclusion , poverty and violence;


### 1. urges the eu institutions to address intersectional forms of discrimination in eu anti-discrimination and gender equality legislation and policies; ### 1. urges the eu institutions to address intersectional forms of discrimination in eu anti-discrimination and gender equality legislation and policies and to apply an intersectional approach in all eu policies and legislation;


### 2. stresses the importance of taking into account the specific experience of women victims of intersectional discrimination in the design , implementation and evaluation of asylum , migration and integration policies; ### 2. stresses the importance of taking into account the specific experience of women in all their diversity victims of intersectional discrimination in the design , implementation and evaluation of asylum , migration and integration policies; calls on the commission and the member states to mainstream an intersectionality perspective in order to take into account the diversity and heterogeneity of groups in vulnerable situations when designing and implementing policies and measures;


### 3. calls on forthcoming presidencies of the council to make equal treatment and the fight against discrimination a key priority and to adopt without delay the anti-discrimination directive; stresses that this directive presents a unique opportunity to address intersectional discrimination in fields other than employment and occupation; ### 3. calls on forthcoming presidencies of the council to make equal treatment and the fight against discrimination a key priority and to adopt without delay the anti-discrimination directive without lowering the standards; stresses that this directive presents a unique opportunity to address intersectional discrimination in fields other than employment and occupation;


### 4. calls on the member states to collect equality data disaggregated by gender , racial and ethnic origin , sexual orientation and identity based on voluntary participation , self-identification and informed consent , while protecting anonymity and confidentiality and respecting the key principles of data protection and fundamental rights. ### 4. underlines that the collection of comparable and robust disaggregated equality data is indispensable to document discrimination and to tackle inequality holistically; considers that data should be published in a format that permits identification and analysis of multiple and intersecting discrimination; stresses that analysing data at subgroup level allows for understanding of multiple and intersecting inequalities; calls on the member states to collect equality data disaggregated by gender , racial and ethnic origin , based on voluntary participation , self-identification and informed consent , while protecting anonymity and confidentiality and respecting the key principles of data protection and fundamental rights.


### (2) in an area without internal border controls , police officers in one member state should have , within the framework of the applicable union and national law , the possibility to obtain equivalent access to the information available to their colleagues in another member state. in this regard , law enforcement authorities should cooperate effectively and by default across the union. therefore , an essential component of the measures that underpin public security in an interdependent area without internal border controls is police cooperation on the exchange of relevant information for law enforcement purposes. exchange of information on crime and criminal activities , including terrorism , serves the overall objective of protecting the security of natural persons. ### (2) in an area without internal border controls , police officers in one member state should have , within the framework of the applicable union and national law , the possibility to obtain equivalent access to the information available to their colleagues in another member state. in this regard , law enforcement authorities should cooperate effectively and by default across the union. therefore , an essential component of the measures that underpin public security in an interdependent area without internal border controls is police cooperation on the exchange of relevant information for law enforcement purposes. exchange of information on serious crime and criminal activities , including terrorism , serves the overall objective of protecting the security of natural persons.


### (3) exchange of information between member states for the purposes of preventing and detecting criminal offences is regulated by the convention implementing the schengen agreement of 14 june 198547 , adopted on 19 june 1990 , notably in its articles 39 and 46. council framework decision 2006/960/jha48 partially replaced those provisions and introduced new rules for the exchange of information and intelligence between member states' law enforcement authorities. ### (3) exchange of information between member states for the purposes of preventing and detecting serious criminal offences is regulated by the convention implementing the schengen agreement of 14 june 198547 , adopted on 19 june 1990 , notably in its articles 39 and 46. council framework decision 2006/960/jha48 partially replaced those provisions and introduced new rules for the exchange of information and intelligence between member states' law enforcement authorities.


### (6) in particular , the discrepancies between the relevant provisions of the convention implementing the schengen agreement and framework decision 2006/960/jha should be addressed by covering information exchanges for the purpose of preventing , detecting or investigating criminal offences , thereby fully superseding , insofar as such exchanges are concerned , articles 39 and 46 of that convention and hence providing the necessary legal certainty. in addition , the relevant rules should be simplified and clarified , so as to facilitate their effective application in practice. ### (6) in particular , the discrepancies between the relevant provisions of the convention implementing the schengen agreement and framework decision 2006/960/jha should be addressed by covering information exchanges for the purpose of preventing , detecting or investigating serious criminal offences , thereby fully superseding , insofar as such exchanges are concerned , articles 39 and 46 of that convention and hence providing the necessary legal certainty. in addition , the relevant rules should be simplified and clarified , so as to facilitate their effective application in practice.


### (9) all exchanges of information under this directive should be subject to three general principles , namely those of availability , equivalent access and confidentiality. while those principles are without prejudice to the more specific provisions of this directive , they should guide its interpretation and application where relevant. for example , the principle of availability should be understood as indicating that relevant information available to the single point of contact or the law enforcement authorities of one member state should also be available , to the largest extent possible , to those of other member states. however , the principle should not affect the application , where justified , of specific provisions of this directive restricting the availability of information , such as those on the grounds for refusal of requests for information and judicial authorisation. in addition , pursuant to the principle of equivalent access , the access of the single point of contact and the law enforcement authorities of other member states to relevant information should be substantially the same as , and thus be neither stricter nor less strict than , the access of those of one and the same member state , subject to the directive’s more specific provisions. ### (9) all exchanges of information under this directive should be subject to three general principles , namely those of availability , equivalent access and confidentiality. while those principles are without prejudice to the more specific provisions of this directive , they should guide its interpretation and application where relevant. for example , the principle of availability should be understood as indicating that relevant information available to the single point of contact or the law enforcement authorities of one member state should also be available , to the largest extent possible , to those of other member states for the same purposes and if the request is possible in a similar domestic case. however , the principle should not affect the application , where justified , of specific provisions of this directive restricting the availability of information , such as those on the grounds for refusal of requests for information and judicial authorisation. in addition , pursuant to the principle of equivalent access , the access of the single point of contact and the law enforcement authorities of other member states to relevant information should be substantially the same as , and thus be neither stricter nor less strict than , the access of those of one and the same member state , subject to the directive’s more specific provisions.


### (16) it is particularly important that the protection of personal data , in accordance with union law , is ensured in connection to all exchanges of information under this directive. to that aim , the rules of this directive should be aligned with directive (eu) 2016/680 of the european parliament and of the council60 . in particular , it should be specified that any personal data exchanged by single points of contacts and law enforcement authorities is to remain limited to the categories of data listed in section b point 2 , of annex ii to regulation (eu) 2016/794 of the european parliament and of the council61 . furthermore , as far as possible , any such personal data should be distinguished according to their degree of accuracy and reliability , whereby facts should be distinguished from personal assessments , in order to ensure both the protection of individuals and the quality and reliability of the information exchanged. if it appears that the personal data are incorrect , they should be rectified or erased without delay. such rectification or erasure , as well as any other processing of personal data in connection to the activities under this directive , should be carried out in compliance with the applicable rules of union law , in particular directive (eu) 2016/680 and regulation (eu) 2016/679 of the european parliament and of the council62 , which rules this directive leaves unaffected. ### (16) it is particularly important that the protection of personal data , in accordance with union law , is ensured in connection to all exchanges of information under this directive. to that aim , the rules of this directive should be aligned with directive (eu) 2016/680 of the european parliament and of the council60 . in particular , it should be specified that any personal data exchanged by single points of contacts and law enforcement authorities is to remain limited to the categories of data listed in section b point 2 , of annex ii to regulation (eu) 2016/794 of the european parliament and of the council61 . in line with that regulation , there should be limitations for the data categories of persons who are not suspects , but witnesses , victims , or who belong to other groups. furthermore , as far as possible , any such personal data should be distinguished according to their degree of accuracy and reliability , whereby facts should be distinguished from personal assessments , in order to ensure both the protection of individuals and the quality and reliability of the information exchanged. if it appears that the personal data are incorrect , they should be rectified or erased without delay. such rectification or erasure , as well as any other processing of personal data in connection to the activities under this directive , should be carried out in compliance with the applicable rules of union law , in particular directive (eu) 2016/680 and regulation (eu) 2016/679 of the european parliament and of the council62 , which rules this directive leaves unaffected.


### (16) it is particularly important that the protection of personal data , in accordance with union law , is ensured in connection to all exchanges of information under this directive. to that aim , the rules of this directive should be aligned with directive (eu) 2016/680 of the european parliament and of the council60 . in particular , it should be specified that any personal data exchanged by single points of contacts and law enforcement authorities is to remain limited to the categories of data listed in section b point 2 , of annex ii to regulation (eu) 2016/794 of the european parliament and of the council61 . furthermore , as far as possible , any such personal data should be distinguished according to their degree of accuracy and reliability , whereby facts should be distinguished from personal assessments , in order to ensure both the protection of individuals and the quality and reliability of the information exchanged. if it appears that the personal data are incorrect , they should be rectified or erased without delay. such rectification or erasure , as well as any other processing of personal data in connection to the activities under this directive , should be carried out in compliance with the applicable rules of union law , in particular directive (eu) 2016/680 and regulation (eu) 2016/679 of the european parliament and of the council62 , which rules this directive leaves unaffected. ### (16) it is particularly important that the protection of personal data , in accordance with union law , is ensured in connection to all exchanges of information under this directive. to that aim , the rules of this directive should be aligned with directive (eu) 2016/680 of the european parliament and of the council60 . in particular , it should be specified that any personal data exchanged by single points of contacts and law enforcement authorities is to remain limited to the categories of data listed in section b point 2 , of annex ii to regulation (eu) 2016/794 of the european parliament and of the council61 . furthermore , as far as possible , any such personal data should be distinguished according to their degree of accuracy and reliability , whereby facts should be distinguished from personal assessments , in order to ensure both the protection of individuals and the quality and reliability of the information exchanged. if it appears that the personal data are incorrect , they should be rectified or erased without delay. such rectification or erasure , as well as any other processing of personal data in connection to the activities under this directive , should be carried out in compliance with the applicable rules of union law , in particular directive (eu) 2016/680 , which rules this directive leaves unaffected.


### (18) the further development of the european union agency for law enforcement cooperation (europol) as the union’s criminal information hub is a priority. that is why , when information or any related communications are exchanged , irrespective of whether that is done pursuant to a request for information submitted to a single point of contact or law enforcement authority , or on their own-imitative , a copy should be sent to europol , however only insofar as it concerns offences falling within the scope of the objectives of europol. in practice , this can be done through the ticking by default of the corresponding siena box. ### (18) the further development of the european union agency for law enforcement cooperation (europol) as the union’s criminal information hub is a priority. that is why , when information or any related communications are exchanged , irrespective of whether that is done pursuant to a request for information submitted to a single point of contact or law enforcement authority , or on their own-imitative , an assessment should be done , on a case-by-case basis , whether a copy should be sent to europol , however only insofar as it concerns offences falling within the scope of the objectives of europol. in practice , this can be done through the ticking of the corresponding siena box.


### (20) in order to simplify , facilitate and better manage information flows , member states should each establish or designate one single point of contact competent for coordinating information exchanges under this directive. the single points of contact should , in particular , contribute to mitigating the fragmentation of the law enforcement authorities' landscape , specifically in relation to information flows , in response to the growing need to jointly tackle cross-border crime , such as drug trafficking and terrorism. for the single points of contact to be able to effectively fulfil their coordinating functions in respect of the cross-border exchange of information for law enforcement purposes under this directive , they should be assigned a number of specific , minimum tasks and also have certain minimum capabilities. ### (20) in order to simplify , facilitate and better manage information flows , member states should each establish or designate one single point of contact competent for coordinating information exchanges under this directive. the single points of contact should , in particular , contribute to mitigating the fragmentation of the law enforcement authorities' landscape , specifically in relation to information flows , in response to the growing need to jointly tackle cross-border serious crime , such as drug trafficking and terrorism. for the single points of contact to be able to effectively fulfil their coordinating functions in respect of the cross-border exchange of information for law enforcement purposes under this directive , they should be assigned a number of specific , minimum tasks and also have certain minimum capabilities.


### (23) the deployment and operation of an electronic single case management system having certain minimum functions and capabilities by the single points of contact is necessary to allow them to carry out their tasks under this directive in an effective and efficient manner , in particular as regards information management. ### (23) the deployment and operation of an electronic single case management system having certain minimum functions and capabilities by the single points of contact is necessary to allow them to carry out their tasks under this directive in an effective and efficient manner , in particular as regards information management. any personal data processed by the single points of contact are to be contained in the case management system only for as long as is necessary and proportionate for the purposes for which the personal data are processed and are subsequently irrevocably deleted.


### (25) the cross-border nature of crime and terrorism requires member states to rely on one another to tackle such criminal offences. adequate and rapid information flows between relevant law enforcement authorities and to europol cannot be sufficiently achieved by the member states acting alone. due to the scale and effects of the action , this can be better achieved at union level through the establishment of common rules on the exchange of information. thus , the union may adopt measures in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union. in accordance with the principle of proportionality , as set out in that article , this directive does not go beyond what is necessary in order to achieve those objectives. ### (25) the cross-border nature of serious crime and terrorism requires member states to rely on one another to tackle such criminal offences. adequate and rapid information flows between relevant law enforcement authorities and to europol cannot be sufficiently achieved by the member states acting alone. due to the scale and effects of the action , this can be better achieved at union level through the establishment of common rules on the exchange of information. thus , the union may adopt measures in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union. in accordance with the principle of proportionality , as set out in that article , this directive does not go beyond what is necessary in order to achieve those objectives.


### 1. this directive establishes rules for the exchange of information between the law enforcement authorities of the member states where necessary for the purpose of preventing , detecting or investigating criminal offences. ### 1. this directive establishes rules for the exchange of information between the law enforcement authorities of the member states where necessary for the purpose of preventing , detecting or investigating serious criminal offences.


### 2. this directive shall not apply to exchanges of information between the law enforcement authorities of the member states for the purpose of preventing , detecting or investigating criminal offences that are specifically regulated by other acts of union law. ### 2. this directive shall not apply to exchanges of information between the law enforcement authorities of the member states for the purpose of preventing , detecting or investigating serious criminal offences , where those exchanges are specifically regulated by other acts of union law.


### 4. this directive does not establish any right to use the information provided in accordance with this directive as evidence in judicial proceedings. ### 4. this directive is without prejudice to member state law on the use of the information provided in accordance with this directive as evidence in judicial proceedings.


### (2) 'criminal offences' means any of the following: ### (2) 'serious criminal offences' means any of the following:


### offences referred to in article 3(1) and (2) of regulation (eu) 2016/794; ### deleted


### (3) 'information' means any content concerning one or more natural persons , facts or circumstances relevant to law enforcement authorities in connection to the exercise of their tasks under national law of preventing , detecting or investigating criminal offences; ### (3) 'information' means any content concerning one or more natural persons , facts or circumstances relevant to law enforcement authorities in connection to the exercise of their tasks under national law of preventing , detecting or investigating serious criminal offences;


### (6) ‘personal data’ means personal data as defined in article 4 , point (1) of regulation (eu) 2016/679. ### (6) ‘personal data’ means personal data as defined in article 43 , point (1) of directive (eu) 2016/680.


### any relevant information available to the single point of contact or the law enforcement authorities of member states is provided to the single point of contact or the law enforcement authorities of other member states (‘principle of availability’); ### any relevant information available to the single point of contact or the law enforcement authorities of member states is provided to the single point of contact or the law enforcement authorities of other member states on request (‘principle of availability’);


### the conditions for requesting information from the single point of contact or the law enforcement authorities of other member states , and those for providing information to the single points of contact and the law enforcement authorities of other member states , are equivalent to those applicable for requesting and providing similar information from and to their own law enforcement authorities (‘principle of equivalent access’); ### the conditions for requesting information from the single point of contact or the law enforcement authorities of other member states , and those for providing information to the single points of contact and the law enforcement authorities of other member states , are equivalent to those applicable for requesting and providing similar information from and to their own law enforcement authorities for the same purposes and if the request is possible in a similar domestic case(‘principle of equivalent access’);


### (iii) unduly harm the vital interests of a natural or legal person. ### (iii) harm the vital interests of a natural person.


### the categories of personal data provided remain limited to those listed in section b , point 2 , of annex ii to regulation (eu) 2016/794; ### the categories of personal data provided remain limited to those listed in section b , point 2 , of annex ii to regulation (eu) 2016/794 for those persons listed in section b , point 1(a) , of that annex;


### member states shall ensure that , where their single point of contact or their law enforcement authorities send requests for information , provide information pursuant to such requests , provide information on their own initiative or send other communications relating thereto under chapters ii and iii , they also send , at the same time , a copy thereof to europol , insofar as the information to which the communication relates concerns offences falling within the scope of the objectives of europol in accordance with regulation (eu) 2016/794. ### 1. member states shall ensure that , where their single point of contact or their law enforcement authorities send requests for information , provide information pursuant to such requests , provide information on their own initiative or send other communications relating thereto under chapters ii and iii , they also asses , on a case-by-case basis , if it is necessary to send , at the same time , a copy thereof to europol , insofar as the information to which the communication relates concerns offences falling within the scope of the objectives of europol in accordance with regulation (eu) 2016/794 , an europol is already involved in the respective investigation.


### 2. member states shall take the necessary measures to ensure that all cybersecurity risks relating to the case management system , in particular as regards its architecture , governance and control , are managed and addressed in a prudent and effective manner and that adequate safeguards against unauthorised access and abuse are provided for. ### 2. member states shall take the necessary measures to ensure that all information security risks relating to the case management system , in particular as regards its architecture , governance and control , are managed and addressed in a prudent and effective manner and that adequate safeguards against unauthorised access and abuse are provided for.


### 3. member states shall ensure that any personal data processed by their single point of contact are contained in the case management system only for as long as is necessary and proportionate for the purposes for which the personal data are processed and are subsequently irrevocably deleted. ### 3. member states shall ensure that any personal data processed by their single point of contact are contained in the case management system only for as long needed for all concerned authorities to complete the process of its downloading , and are subsequently irrevocably deleted. the retention period shall not exceed four weeks.


### having regard to the treaty on the functioning of the european union , and in particular points (b) and (d) of article 77(2) thereof , ### having regard to the treaty on the functioning of the european union , and in particular points (b) and (d) of article 77(2) and point (e) of article 78(2) thereof ,


### (1) the schengen area was created to achieve the union’s objective of establishing an area without internal frontiers in which the free movement of persons is ensured , as set out in article 3(2) of the treaty on european union (teu). the good functioning of this area relies on mutual trust between the member states and efficient management of the external border. ### (1) the schengen area was created to achieve the union’s objective of establishing an area without internal frontiers in which the free movement of persons is ensured , as set out in article 3(2) of the treaty on european union (teu). the good functioning of this area relies on mutual trust , solidarity and fair sharing of responsibility between the member states and efficient management of the external border.


### (2) the rules governing border control of persons crossing the external borders of the member states of the union are laid down in regulation (eu) 2016/399 of the european parliament and of the council (schengen borders code)21 as adopted under article 77(2)(b) of the treaty on the functioning of the european union (tfeu). to further develop the union’s policy with a view to carrying out checks on persons and efficiently monitoring the crossing of external borders referred to in the first paragraph of article 77 tfeu , additional measures should address situations where third-country nationals manage to avoid border checks at the external borders , or where third-country nationals are disembarked following search and rescue operations as well as where third-country nationals request international protection at a border crossing point without fulfilling entry conditions. the present regulation complements and specifies regulation (eu) 2016/399 with regard to those three sets of situations. ### (2) the rules governing border control of persons crossing the external borders of the member states of the union are laid down in regulation (eu) 2016/399 of the european parliament and of the council (schengen borders code)21 as adopted under article 77(2)(b) of the treaty on the functioning of the european union (tfeu). to further develop the union’s policy with a view to carrying out checks on persons and efficiently monitoring the crossing of external borders referred to in the first paragraph of article 77 tfeu , additional measures should address situations where third-country nationals have not been subject to border checks at the external borders , or where third-country nationals are disembarked following search and rescue operations as well as where third-country nationals request international protection at a border crossing point without fulfilling entry conditions. the present regulation complements and specifies regulation (eu) 2016/399 with regard to those three sets of situations.


### (3) it is essential to ensure that in those three sets of situations , the third country nationals are screened , in order to facilitate a proper identification and to allow for them being referred efficiently to the relevant procedures which , depending on the circumstances , can be procedures for international protection or procedures respecting directive 2008/115/ec of the european parliament and of the council (the “return directive”)22 . the screening should seamlessly complement the checks carried out at the external border or compensate for the fact that those checks have been circumvented by the third country nationals when crossing the external border. ### (3) it is essential to ensure that in those three sets of situations , the third country nationals are screened , in order to facilitate a proper identification and to enable them to be referred efficiently to the correct procedure which , depending on the circumstances , can be the common procedure for international protection as laid down in regulation (eu) xxxx/202x of the european parliament and of the council [asylum procedures regulation] , or procedures provided for in directive 2008/115/ec of the european parliament and of the council (the “return directive”)22 , without prejudice to the ability of a member state to grant residence permits or other authorisations offering a right to stay for compassionate , humanitarian or other grounds under national law. the screening should seamlessly complement the checks carried out at the external border and be carried out in parallel to applications for international protection that have already been made.


### (4) border control is in the interest not only of the member states at whose external borders it is carried out but of all member states which have abolished internal border control. border control should help to combat illegal migration and trafficking of human beings and to prevent any threat to the member states’ internal security , public policy , public health and international relations. as such , measures taken at the external borders are important elements of a comprehensive approach to migration , allowing to address the challenge of mixed flows of migrants and persons seeking international protection. ### (4) border control is not only in the interest of the member states at whose external borders it is carried out but of all member states which have abolished internal border control. border control should help to identify persons seeking international protection , protect victims of human trafficking and to prevent any threat to the member states’ internal security. as such , measures taken at the external borders should be proportionate to the objectives pursued and enable decisions under this regulation to be taken on an individual basis.


### (5) in accordance with article 2 of regulation (eu) 2016/399 , border control consists of border checks carried out at the border crossing points and border surveillance , which is carried out between the border crossing points , in order to prevent third-country nationals from circumventing border checks. in accordance with article 13 of regulation (eu) 2016/399 a person who has crossed a border in an unauthorised manner and who has no right to stay on the territory of the member state concerned shall be apprehended and made subject to procedures respecting directive 2008/115/ec. in accordance with article 3 of regulation (eu) 2016/399 , border control should be carried out without prejudice to the rights of refugees and persons requesting international protection , in particular as regards non-refoulement. ### (5) in accordance with article 2 of regulation (eu) 2016/399 , border control consists of border checks carried out at the border crossing points and border surveillance , which is carried out between the border crossing points , in order to respond to third-country nationals crossing the borders. in accordance with article 13 of regulation (eu) 2016/399 a person who has crossed a border in an unauthorised manner and who has no right to stay on the territory of the member state concerned shall be apprehended and made subject to procedures respecting directive 2008/115/ec. that is , however , without prejudice to article 3 of regulation (eu) 2016/399 , according to which border control should be carried out without prejudice to the rights of refugees and persons requesting international protection , in particular as regards non-refoulement.


### (6) border guards are often confronted with third-country nationals who are requesting international protection without travel documents , both following apprehension during border surveillance and during checks at the border crossing points. moreover , at some border sections the border guards are confronted with large numbers of arrivals at the same time. in such circumstances , it is particularly difficult to ensure that all relevant databases are consulted and to immediately determine the appropriate asylum or return procedure. ### (6) border guards are often faced with third-country nationals who are requesting international protection and who have no travel documents , both following apprehension during border surveillance and during checks at the border crossing points. moreover , at some border sections the border guards can be faced with large numbers of arrivals at the same time. in such circumstances , it is particularly important to determine the correct procedure as soon as possible.


### (7) in order to ensure a swift handling of third-country nationals who try to avoid border checks or who request international protection at a border crossing point without fulfilling the entry conditions or who are disembarked following a search and rescue operation , it is necessary to provide a stronger framework for cooperation between the different national authorities responsible for border control , the protection of public health , the examination of the need for international protection and the application of return procedures. ### (7) in order to ensure a better handling of third-country nationals who have not been subject to border checks or who request international protection at a border crossing point without fulfilling the entry conditions or who are disembarked following a search and rescue operation , it is necessary to provide a stronger framework for cooperation between the different national authorities responsible for border control , the protection of individual and public health , the protection of children , the examination of the need for international protection and the application of return procedures.


### (8) in particular , the screening should help to ensure that the third-country nationals concerned are referred to the appropriate procedures at the earliest stage possible and that the procedures are continued without interruption and delay. at the same time , the screening should help to counter the practice whereby some applicants for international protection abscond after having been authorised to enter the territory of a member state based on their request for international protection , in order to pursue such requests in another member state or not at all. ### (8) in particular , the screening should help to ensure that the third-country nationals concerned are referred to the appropriate procedures at the earliest stage possible and that the procedures are continued without interruption and delay.


### (9) with regard to those persons who apply for international protection , the screening should be followed by an examination of the need for international protection. it should allow to collect and share with the authorities competent for that examination any information that is relevant for the latter to identify the appropriate procedure for the examination of the application , thus speeding up that examination. the screening should also ensure that persons with special needs are identified at an early stage , so that any special reception and procedural needs are fully taken into account in the determination of and the pursuit of the applicable procedure. ### (9) with regard to those persons who apply for international protection , the screening should be followed by an examination of the need for international protection. it should enable the screening authorities to share with the authorities competent for that examination the relevant information. the screening should also contribute to identify persons in a vulnerable situation and persons with special needs at an early stage , so that any special reception and procedural needs are fully taken into account in the determination of and the pursuit of the applicable procedure.


### (11) this regulation should apply to third-country nationals and stateless persons who are apprehended in connection with the unauthorised crossings of the external border of a member state by land , sea or air , except third country nationals for whom the member state is not required to take the biometric data pursuant to article 14(1) and (3) of the eurodac regulation for reasons other than their age , as well as to persons who have been disembarked following search and rescue operations , regardless of whether they apply or not for international protection. this regulation should also apply to those who seek international protection at the border crossing points or in transit zones without fulfilling the entry conditions ### (11) this regulation should apply to third-country nationals and stateless persons who are apprehended in connection with the irregular crossings of the external border of a member state by land , sea or air , except third country nationals for whom the member state is not required to take the biometric data pursuant to article 14(1) and (3) of the eurodac regulation for reasons other than their age , as well as to persons who have been disembarked following search and rescue operations , regardless of whether they apply or not for international protection. this regulation should also apply to those who seek international protection at the border crossing points or in transit zones without fulfilling the entry conditions


### (12) the screening should be conducted at or in proximity to the external border , before the persons concerned are authorised to enter the territory. the member states should apply measures pursuant to national law to prevent the persons concerned from entering the territory during the screening. in individual cases , where required , this may include detention , subject to the national law regulating that matter. ### (12) the screening should be conducted in official and adequate facilities , which meet the standards of directive (eu) xxxx/xxxx [reception conditions directive] , located within the territory of the member state. the member states should apply measures pursuant to international- and eu law to allow the persons concerned to enter the territory if they express the wish to apply for international protection.


### (13) wherever it becomes clear during the screening that a third-country national subject to it fulfils the conditions of article 6 of regulation (eu) 2016/399 , the screening should end and the third-country national concerned should be authorised to enter the territory , without prejudice to the application of penalties as referred to in article 5(3) of that regulation. ### (13) wherever it becomes clear during the screening that a third-country national subject to it fulfils the conditions of article 6 of regulation (eu) 2016/399 , the screening should end and , in case the third-country national did not yet enter the territory of the member state , the third-country national concerned should be authorised to enter the territory.


### (14) in view of the purpose of the derogation referred to in article 6(5) of regulation (eu) 2016/399 , persons whose entry has been authorised by a member state under that provision in an individual decision should not be submitted to the screening despite the fact that they do not fulfil all entry conditions. ### (14) in view of the purpose of the derogation referred to in article 6(5) of regulation (eu) 2016/399 , persons whose entry has been authorised by a member state under that provision in an individual decision should not be submitted to the screening.


### (15) all persons subject to the screening should be submitted to checks in order to establish their identity and to ascertain that they do not pose a threat to internal security or public health. in the case of persons requesting international protection at border crossing points , the identity and security checks carried out in the context of border checks should be taken into account to avoid duplication. ### (15) all persons subject to the screening should be submitted to checks in order to verify their identity , identify any situation of vulnerability or special needs and to ascertain that they do not pose a threat to internal security or public health. in the case of persons requesting international protection at border crossing points , the identity and security checks carried out in the context of border checks in accordance with the provisions of regulation (eu) 2016/399 should not be duplicated.


### (16) on completion of the screening , the third-country nationals concerned should be referred to the relevant procedure to establish responsibility for examining an application for and to assess the need for international protection , or be made subject to procedures respecting directive 2008/115 (return directive) , as appropriate. the relevant information obtained during the screening should be provided to the competent authorities to support the further assessment of each individual case , in full respect of fundamental rights. the procedures established by directive 2008/115 should start applying only after the screening has ended. article 26 and 27 of the asylum procedures regulation should apply only after the screening has ended. this should be without prejudice to the fact that the persons applying for international protection at the moment of apprehension , in the course of border control at the border crossing point or during the screening , should be considered applicants. ### (16) on completion of the screening , the third-country nationals concerned should be referred to the procedure to establish responsibility for examining an application for and to assess the need for international protection , to apply the procedures provided for in directive 2008/115 (return directive) , as appropriate and without prejudice to the ability of a member state to grant residence permits or other authorisations offering a right to stay for compassionate , humanitarian or other grounds under national law. the relevant information provided during the screening should be transmitted to the relevant competent authorities to support the further assessment of each individual case , in full respect of fundamental rights. the procedures established by directive 2008/115 should start applying only after the screening has ended. persons applying for international protection at the moment of apprehension , in the course of border control at the border crossing point or during the screening , should be considered applicants for international protection to whom regulation (eu) xxxx/xxxx [asylum procedure regulation] and directive (eu) xxxx/xxxx [reception conditions directive] apply from the moment of their request.


### (17) the screening could also be followed by relocation under the mechanism for solidarity established by regulation (eu) xxx/xxx [asylum and migration management] where a member state is contributing to solidarity on a voluntary basis or the applicants for international protection are not subject to the border procedure pursuant to regulation (eu) no. xxx/xxx (asylum procedures regulation) , or under the mechanism addressing situations of crisis established by regulation (eu) xxx/xxx [regulation on situations of crisis]. ### (17) the screening should also be followed by relocation under the mechanisms for relocation established by regulation (eu) xxx/xxx [asylum and migration management] and regulation (eu) xxx/xxx [regulation on situations of crisis]. relocation should be mandatory following disembarkation after search and rescue operations as well as the arrival of applicants in a vulnerable situation , and automatic where no other member state can be determined responsible for an applicant’s claim. any meaningful links to a given member state , or the applicant’s preferences when there are no such links , should be taken into account before relocating an applicant. the right to family reunification should always be respected.