### in order to keep track of emerging trends , challenges , or loopholes in the areas of labour mobility and social security coordination , the authority should develop an analytical and risk assessment capacity . this should involve carrying out labour market analyses and studies , as well as peer reviews . the authority should monitor potential imbalances in terms of skills and cross - border labour flows , including their possible impact on territorial cohesion . the authority should also support the risk assessment referred to in article 10 of directive 2014 / 67 / eu . the authority should ensure synergies and complementarity with other union agencies or services or networks . this should include seeking input from solvit and similar services on recurring problems encountered by individuals and businesses in the exercise of their rights in the areas under the scope of the authority . the authority should also facilitate and streamline data collection activities provided for by the relevant union laws within its scope . this does not entail the creation of new reporting obligations for member states . ### in order to keep track of emerging trends , challenges , or loopholes in the areas of labour mobility and social security coordination , the agency should develop , in cooperation with member states and social partners , an analytical and risk assessment capacity . this should involve carrying out labour market analyses and studies , as well as peer reviews . the agency should monitor potential imbalances in terms of skills and cross - border labour flows , including their possible impact on territorial cohesion . the agency should also support the risk assessment referred to in article 10 of directive 2014 / 67 / eu . the agency should ensure synergies and complementarity with other union agencies or services or networks . this should include seeking input from solvit and similar services on recurring problems encountered by individuals and businesses in the exercise of their rights in the areas under the scope of the agency . the agency should also facilitate and streamline data collection activities provided for by the relevant union laws within its scope . this does not entail the creation of new reporting obligations for member states .


### the authority should perform its activities in the areas of cross - border labour mobility and social security coordination , including free movement of workers , posting of workers and highly mobile services . it should also enhance cooperation between member states in tackling undeclared work . in cases where the authority , in the course of the performance of its activities , becomes aware of suspected irregularities , including in areas of union law beyond its scope , such as violations of working conditions , health and safety rules , or the employment of illegally staying third - country nationals , it should be able to report them and cooperate on these matters with the commission , competent union bodies , and national authorities where appropriate . ### the authority should perform its activities in the areas of cross - border labour mobility and social security coordination , including free movement of workers , posting of workers and highly mobile services and access to social rights and benefits . it should also enhance cooperation between member states in tackling undeclared work . in cases where the authority , in the course of the performance of its activities , becomes aware of suspected irregularities , including in areas of union law beyond its scope , such as violations of working conditions , health and safety rules , or undeclared work and restrictions on rights and benefits , it should be able to report them and cooperate on these matters with the commission , competent union bodies , and national authorities where appropriate .


### the authority shall promote the use of electronic tools and procedures for message exchange between national authorities , including the internal market information system and the electronic exchange of social security information system . ### the authority shall promote and monitor the use of electronic tools and procedures for message exchange between national authorities , including the internal market information system and the electronic exchange of social security information system .


### the authority shall provide logistical and technical support , which may include translation and interpretation services , to member states carrying out concerted or joint inspections . ### the authority shall provide operative , legal , logistical and technical support , which may include translation and interpretation services and legal assistance , to member states or social partners carrying out concerted or joint inspections


### to increase member states ' capacity to tackle irregularities with a cross - border dimension in relation to union law within its scope , the authority should support the national authorities in carrying out concerted and joint inspections , including by facilitating the implementation of the inspections in accordance with article 10 of directive 2014 / 67 / eu . these should take place at the request of member states or upon their agreement to the authority ' s suggestion . the authority should provide strategic , logistical , and technical support to member states participating in the concerted or joint inspections in full respect of confidentiality requirements . inspections should be carried out in agreement with the member states concerned and take place fully within the legal framework of national law of member states concerned , which should follow up on the outcomes of the concerted and joint inspections according to national law . ### to increase member states ' capacity to support the protection of social and employment rights of persons exercising their free movement rights and to tackle irregularities with a cross - border dimension in relation to union law within its scope , the authority should support the national authorities and social partners in carrying out national , concerted and joint inspections , including by facilitating the implementation of the inspections in accordance with article 10 of directive 2014 / 67 / eu . these should take place at the request of one or more member states and upon their agreement . the authority should provide strategic , logistical , and technical support member states participating in the concerted or joint inspections in full respect of confidentiality and data protection requirements . inspections shall be carried out in agreement with the member state concerned and take place fully within the legal framework of national law of the member states on which territory the inspection is being carried out , which should follow up on the outcomes of the concerted and joint inspections according to that member state’s national law .


### adopt rules for the prevention and management of conflicts of interest in respect of its members , as well as the members of the stakeholder group and the working groups and panels of the authority set up in accordance with article 17 , and shall publish annually on its website the declaration of interests of the management board members ; ### adopt rules for the prevention and management of conflicts of interest in respect of its members , as well as the members of the stakeholder group and the working groups and panels of the authority set up in accordance with article 17 as well as seconded national experts in accordance with article 34 , and shall publish annually on its website the declaration of interests of the management board members ;


### mediate in disputes between member states ' authorities on the application of relevant union law , in accordance with article 13 ; ### in agreement with the member state concerned , mediate and facilitate a solution in disputes between member states ' authorities on the application of relevant union law ,


### the stakeholder group shall be composed of six representatives of union - level social partners equally representing trade unions and employer’s organisations , and two representatives of the commission . ### the stakeholder group shall be composed of ten representatives of union - level and / or national social partners equally representing trade unions and employer ' s organisations of which at least six represent a sectorial interest , 6 representatives of civil society organisations ; eight representatives of civil society organisations ; and two representatives of the commission .


### the authority shall assess risks and carry out analyses regarding cross - border labour flows , such as labour market imbalances , sector - specific threats and recurring problems encountered by individuals and employers in relation to cross - border mobility . for that purpose , the authority shall ensure complementarity with , and draw on the expertise of , other union agencies or services , including in the areas of skills forecasting and health and safety at work . upon a request by the commission , the authority may carry out focused in - depth analyses and studies to investigate specific labour mobility issues . ### the authority shall assess risks and carry out analyses regarding cross - border labour flows , such as labour market imbalances , sector - specific threats and recurring problems encountered by individuals and employers in relation to cross - border mobility . for that purpose , the authority shall ensure complementarity with , and draw on the expertise of , other union agencies or services , including in the areas of skills forecasting and health and safety at work . the authority may carry out focused in - depth analyses and studies to investigate specific labour mobility issues .


### since the objectives of this regulation to support the free movement of workers and services and to contribute to strengthening fairness in the internal market cannot be sufficiently achieved by the member states acting in an uncoordinated manner , but can rather , by reason of the cross - border nature of those activities and the need for increased cooperation between member states , be better achieved at union level , the union may adopt measures in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , this regulation does not go beyond what is necessary in order to achieve those objectives . ### since the objectives of this regulation to support the free movement of workers and services and to contribute to strengthening social justice in the internal market cannot be sufficiently achieved by the member states acting in an uncoordinated manner , but can rather , by reason of the cross - border nature of those activities and the need for increased cooperation between member states , be better achieved at union level , the union may adopt measures in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , this regulation does not go beyond what is necessary in order to achieve those objectives .


### the authority shall regularly report its findings to the commission , as well as directly to the member states concerned , outlining possible measures to address identified weaknesses . ### the authority shall regularly report , after discussion with the stakeholder group , its findings to the commission and the european parliament , as well as directly to the member states concerned , outlining possible measures to address identified weaknesses . the reports shall be published by 15th march of the following year at the latest .


### the authority shall assess risks and carry out analyses regarding cross - border labour flows , such as labour market imbalances , sector - specific threats and recurring problems encountered by individuals and employers in relation to cross - border mobility . for that purpose , the authority shall ensure complementarity with , and draw on the expertise of , other union agencies or services , including in the areas of skills forecasting and health and safety at work . upon a request by the commission , the authority may carry out focused in - depth analyses and studies to investigate specific labour mobility issues . ### the authority shall assess risks and carry out analyses regarding cross - border labour flows , such as labour market imbalances , sector - specific threats and recurring problems encountered by individuals and employers in relation to cross - border mobility , undeclared work , fraud and exploitations as well as analysis related to cross - border social security matters , including portability of pensions . for that purpose , the authority shall ensure complementarity with , and draw on the expertise of , other union agencies or services , including in the areas of skills forecasting and health and safety at work . the authority shall carry out focused in - depth analyses and studies to investigate specific mobility issues . the authority shall also assess risks and carry out analyses regarding cross - border social security coordination in order to identify possible gaps and areas of improvement . the authority shall conduct any assessment making full use of the work of other agencies and in particular the work of eurofound . the agency shall avoid duplication of work . when completing risk assessments , the authority shall always take into account the cost of non - action .


### within the framework of their respective competences , the authority should cooperate with other agencies of the union , in particular those established in the area of employment and social policy , building on their expertise and maximising synergies : the european foundation for the improvement of living and working conditions , the european centre for the development of vocational training , the european agency for safety and health at work , and the european training foundation , as well as , as regards the fight against organised crime and trafficking in human beings , with the european union agency for law enforcement cooperation and european union agency for criminal justice cooperation . ### within the framework of their respective competences , the authority should cooperate with other agencies of the union , in particular those established in the area of employment and social policy , building on their expertise and maximising synergies : the european foundation for the improvement of living and working conditions , the european centre for the development of vocational training , the european agency for safety and health at work , the european training foundation , and the european institute for gender equality as well as , as regards the fight against organised crime and trafficking in human beings , with the european union agency for law enforcement cooperation and european union agency for criminal justice cooperation .


### develop common guidelines for use by member states , including guidance for inspections in cases with a cross - border dimension , as well as shared definitions and common concepts , building on relevant work at the union level ; ### develop common guidelines for use by member states , social partners and civil society organisations including guidance for inspections in cases with a cross - border dimension , as well as shared definitions and common concepts , building on relevant work at the union level , in accordance with ilo labour inspection convention no 81 ;


### concerted and joint inspections and their follow - up shall be carried out in accordance with the national law of the member states concerned . ### concerted and joint inspections and their follow - up shall be carried out in respect for the national law in the member states concerned .


### the member states and the commission should be represented on a management board , in order to ensure the effective functioning of the authority . the composition of the management board , including the selection of its chair and deputy - chair , should respect the principles of gender balance , experience and qualification . in view of the effective and efficient functioning of the authority , the management board , in particular , should adopt an annual work programme , carry out its functions relating to the authority’s budget , adopt the financial rules applicable to the authority , appoint an executive director , and establish procedures for taking decisions relating to the operational tasks of the authority by the executive director . representatives from countries other than union member states , which are applying the union rules within the scope of the authority , may participate in the meetings of the management board as observers . ### the member states and the commission should be represented on a management board , in order to ensure the effective functioning of the agency . the composition of the management board , including the selection of its chair and deputy - chair , should respect the principles of gender balance , experience , qualification and equitable geographical representation . in view of the effective and efficient functioning of the agency , the management board , in particular , should adopt an annual work programme , carry out its functions relating to the agency’s budget , adopt the financial rules applicable to the agency , appoint an executive director , and establish procedures for taking decisions relating to the operational tasks of the agency by the executive director . representatives from countries other than union member states , which are applying the union rules within the scope of the agency may participate in the meetings of the management board as observers .


### the authority shall assist member states and the commission in matters relating to cross - border labour mobility and the coordination of social security systems within the union . ### the authority shall a contribute to the consistent , efficient and effective application of european labour and social legislation as well as equal access to social security and adequate social protection for all european persons using their free movement rights .


### the member states and the commission should be represented on a management board , in order to ensure the effective functioning of the authority . the composition of the management board , including the selection of its chair and deputy - chair , should respect the principles of gender balance , experience and qualification . in view of the effective and efficient functioning of the authority , the management board , in particular , should adopt an annual work programme , carry out its functions relating to the authority’s budget , adopt the financial rules applicable to the authority , appoint an executive director , and establish procedures for taking decisions relating to the operational tasks of the authority by the executive director . representatives from countries other than union member states , which are applying the union rules within the scope of the authority , may participate in the meetings of the management board as observers . ### the member states , the social partners , experts nominated by the european parliament , and the commission should be represented on a management board , in order to ensure the effective functioning of the authority . the composition of the management board , including the selection of its chairs , should respect the principles of gender balance , experience and qualification . in view of the effective and efficient functioning of the authority , the management board , in particular , should adopt an annual work programme , carry out its functions relating to the authority’s budget , adopt the financial rules applicable to the authority , appoint an executive director , and establish procedures for taking decisions relating to the operational tasks of the authority by the executive director . representatives from countries other than union member states , which are applying the union rules within the scope of the authority , may participate in the meetings of the management board as observers .


### the authority should provide a platform for resolving disputes between member states in relation to the application of union law that falls within its scope . it should build on dialogue and conciliation mechanisms that are currently in place in the area of social security coordination , which are valued by member states60 and their importance is recognised by the court of justice61 . member states should be able to refer cases to the authority for mediation according to standard procedures put in place for this purpose . the authority should only deal with disputes between member states , while individuals and employers facing difficulties with exercising their union rights should continue to have at their disposal the national and union services dedicated to dealing with such cases , such as the solvit network to which the authority should refer such cases . the solvit network should also be able to refer to the authority for its consideration cases in which the problem cannot be solved due to differences between national administrations . _________________ 60 council , partial general approach of 26 october 2017 on the proposal for a regulation amending regulation no 883 / 2004 on the coordination of social security systems and regulation no 987 / 2009 laying down the procedure for implementing regulation no 883 / 2004 13645 / 1 / 17 . 61 case c - 236 / 88 eu : c : 1990 : 303 , paragraph 17 ; case c - 202 / 97 eu : c : 2000 : 75 , paragraphs 57 - 58 ; case c - 178 / 97 eu : c : 2000 : 169 , paragraphs 44 - 45 ; case c - 2 / 05 eu : c : 2006 : 69 , paragraphs 28 - 29 ; case c - 12 / 14 eu : c : 2016 : 135 , paragraphs 39 - 41 ; case c - 359 / 16 eu : c : 2018 : 63 , paragraphs 44 - 45 . ### individuals and employers facing difficulties with exercising their union rights should continue to have at their disposal the national and union services dedicated to dealing with such cases , such as the solvit network to which the agency should refer such cases . the solvit network should also be able to refer to the agency for its consideration cases in which the problem cannot be solved due to differences between national administrations .


### the stakeholder group may , in particular , submit opinions and advice to the authority on issues related to the application and enforcement of union law in the areas covered by this regulation . ### the stakeholder group shall , in particular , submit opinions and advice to the authority on issues related to the application and enforcement of union law in the areas covered by this regulation .


### the authority shall encourage the use of innovative approaches to effective and efficient cross - border cooperation , and explore the potential use of electronic exchange mechanisms between the member states to facilitate the detection of fraud , providing reports to the commission with a view to their further development . ### the authority shall encourage the use of innovative approaches to effective and efficient cross - border cooperation , and play a central role in developing the electronic exchange mechanisms between the member states , social partners and relevant stakeholders to facilitate the detection of fraud , providing reports to the commission with a view to their further development , considering in particular the european social security register through which national authorities can access relevant data in real time ;


### in order to keep track of emerging trends , challenges , or loopholes in the areas of labour mobility and social security coordination , the authority should develop an analytical and risk assessment capacity . this should involve carrying out labour market analyses and studies , as well as peer reviews . the authority should monitor potential imbalances in terms of skills and cross - border labour flows , including their possible impact on territorial cohesion . the authority should also support the risk assessment referred to in article 10 of directive 2014 / 67 / eu . the authority should ensure synergies and complementarity with other union agencies or services or networks . this should include seeking input from solvit and similar services on recurring problems encountered by individuals and businesses in the exercise of their rights in the areas under the scope of the authority . the authority should also facilitate and streamline data collection activities provided for by the relevant union laws within its scope . this does not entail the creation of new reporting obligations for member states . ### in order to keep track of emerging trends , challenges , or loopholes , gaps and inconsistencies in the areas of labour mobility and social security coordination as well as other related areas , the authority should develop an analytical and risk assessment capacity . this should involve carrying out labour market analyses and studies , as well as peer reviews . the authority should monitor potential imbalances in terms of skills and cross - border labour flows , including their possible impact on territorial cohesion . the authority should also support the risk assessment referred to in article 10 of directive 2014 / 67 / eu . the authority should ensure synergies and complementarity with other union agencies or services or networks . this should include seeking input from solvit and similar services on recurring problems encountered by individuals and businesses in the exercise of their rights in the areas under the scope of the authority . the authority should also facilitate and streamline data collection activities provided for by the relevant union laws within its scope . this does not entail the creation of new reporting obligations for member states .


### article 13 mediation between member states in the event of disputes between member states regarding the application or interpretation of union law in areas covered by this regulation , the authority may perform a mediation role . 2 . upon request of one of the member states concerned by a dispute , the authority shall launch a mediation procedure before its mediation board set up for this purpose in accordance with article 17 . the authority may also launch a mediation procedure on its own initiative before the mediation board , including on the basis of a referral from solvit , subject to the agreement of all member states concerned by that dispute . 3 . when presenting a case for mediation by the authority , member states shall ensure that all personal data related to that case is anonymised and the authority shall not process the personal data of individuals concerned by the case at any point in the course of the mediation procedure . 4 . cases in which there are ongoing court proceedings at national or union level shall not be admissible for mediation by the authority . 5 . within three months of the conclusion of the mediation by the authority , the member states concerned shall report to the authority on measures they have taken in order to follow - up on it or on the reasons for not taking action in the event that they did not follow - up . 6 . the authority shall report to the commission on a quarterly basis about the outcomes of the mediation cases it handles . ### article 13 mediation between member states in the event of disputes between member states regarding the application or interpretation of union law in areas covered by this regulation , the authority may perform a mediation role , without prejudice to the procedures envisaged by the decision no a1 of 12 june 2009 concerning the establishment of a dialogue and conciliation procedure concerning the validity of documents , the determination of the applicable legislation and the provision of benefits under regulation no 883 / 2004 of the european parliament and the council . 2 . upon request of one of the member states concerned by a dispute , the authority shall launch a mediation procedure before its mediation board set up for this purpose in accordance with article 17 . the authority may also launch a mediation procedure on its own initiative before the mediation board if member states have not been able to resolve the dispute within a reasonable time after its emergence , taking into consideration the nature and specific requirements of each case . member states concerned take actively part in the mentioned procedure and make at disposal any relevant and / or requested information . 2 athe member states shall inform the persons concerned , such as employers , employees , self - employed persons , about the dispute and about the case being brought to the authority . they shall also be consulted and involved throughout the procedure . 3 . for the purposes of the mediation procedure , the member states concerned shall make available all requested and relevant information . when presenting a case for mediation by the authority , member states and all other parties that are heard by the authority or involved in the case shall ensure that all personal data related to that case is anonymised , in accordance with relevant union legislation on data protection and the authority shall not process the personal data of individuals concerned by the case at any point in the course of the mediation procedure or afterwards . 4 . cases in which there are ongoing court proceedings at national or union level shall not be admissible for mediation by the authority . 5 . within three months of the conclusion of successful mediation by the authority , the member states concerned shall report to the authority on measures they have taken in order to follow - up on it or on the reasons for not taking action in the event that they did not follow - up . 5 a . within three months of a decision by the dispute settlement board , the member states concerned shall notify the authority of the measures they have taken in response to the decision or which they have refrained from taking on the basis of the decision . 6 . the authority shall report to the commission , the european parliament and the member states on a quarterly basis about the outcomes of the mediation cases it handles . 6a . should a mediation procedure not have a positive outcome , the authority shall refer the parties in question to the relevant judicial authorities . 6b . at any stage throughout the mediation process , the member states concerned may agree with each other to having the mediation board act as an arbitrator and to be bound by its decision . this agreement shall be formally registered and made public .


### information on concerted and joint inspections shall be included in quarterly reports to be submitted to the management board . a yearly report on the inspections supported by the authority shall be included in the authority ' s annual activity report . ### information on concerted and joint inspections shall be included in quarterly reports to be submitted to the management board and to the stakeholder group . a yearly report on the inspections supported by the authority shall be included in the authority ' s annual activity report . this report shall include a list of cases in which member states refused to participate in a joint inspection .


### carry out analyses and risk assessments on issues of cross - border labour mobility , in accordance with article 11 ; ### initiate analyses and carry out risk assessments on issues related to labour mobility within the internal market and issue opinions and recommendations , in accordance with article 11


### support member states with capacity - building regarding the effective enforcement of relevant union law , in accordance with article 12 ; ### issue guidelines and interpretative opinions on relevant union law and support member states and all relevant social partners and stakeholders with capacity - building regarding the effective compliance , implementation and enforcement of relevant union law , in accordance with article 12 ;


### to increase member states ' capacity to tackle irregularities with a cross - border dimension in relation to union law within its scope , the authority should support the national authorities in carrying out concerted and joint inspections , including by facilitating the implementation of the inspections in accordance with article 10 of directive 2014 / 67 / eu . these should take place at the request of member states or upon their agreement to the authority ' s suggestion . the authority should provide strategic , logistical , and technical support to member states participating in the concerted or joint inspections in full respect of confidentiality requirements . inspections should be carried out in agreement with the member states concerned and take place fully within the legal framework of national law of member states concerned , which should follow up on the outcomes of the concerted and joint inspections according to national law . ### to increase member states ' capacity , to ensure protection of people exercising their free movement rights and to tackle irregularities with a cross - border dimension in relation to union law within its scope , the authority should support the national authorities and social partners in carrying out national , concerted and joint inspections , including by facilitating the implementation of the inspections in accordance with article 10 of directive 2014 / 67 / eu . these should take place at the request of member states or upon their agreement to the authority ' s suggestion . the authority should provide strategic , logistical , and technical support to member states participating in the national , concerted or joint inspections in full respect of confidentiality requirements . inspections should be carried out in agreement with the member states concerned and take place fully within the legal framework of national law of member states concerned , which should follow up on the outcomes of the national , concerted and joint inspections according to national law .


### the management board shall appoint the executive director from a list of candidates proposed by the commission , following an open and transparent selection procedure . ### the management board shall appoint the executive director from a list of candidates proposed by the commission , following an open and transparent selection procedure . when there are two candidates of equal merit , the management board shall give preference to the underrepresented gender .


### the authority should provide a platform for resolving disputes between member states in relation to the application of union law that falls within its scope . it should build on dialogue and conciliation mechanisms that are currently in place in the area of social security coordination , which are valued by member states60 and their importance is recognised by the court of justice61 . member states should be able to refer cases to the authority for mediation according to standard procedures put in place for this purpose . the authority should only deal with disputes between member states , while individuals and employers facing difficulties with exercising their union rights should continue to have at their disposal the national and union services dedicated to dealing with such cases , such as the solvit network to which the authority should refer such cases . the solvit network should also be able to refer to the authority for its consideration cases in which the problem cannot be solved due to differences between national administrations . __________________ 60 council , partial general approach of 26 october 2017 on the proposal for a regulation amending regulation no 883 / 2004 on the coordination of social security systems and regulation no 987 / 2009 laying down the procedure for implementing regulation no 883 / 2004 13645 / 1 / 17 . 61 case c - 236 / 88 eu : c : 1990 : 303 , paragraph 17 ; case c - 202 / 97 eu : c : 2000 : 75 , paragraphs 57 - 58 ; case c - 178 / 97 eu : c : 2000 : 169 , paragraphs 44 - 45 ; case c - 2 / 05 eu : c : 2006 : 69 , paragraphs 28 - 29 ; case c - 12 / 14 eu : c : 2016 : 135 , paragraphs 39 - 41 ; case c - 359 / 16 eu : c : 2018 : 63 , paragraphs 44 - 45 . ### the authority should provide a platform for resolving disputes between member states in relation to the application of union law that falls within its scope . it should build on dialogue and conciliation mechanisms that are currently in place in the area of social security coordination , which are valued by member states60 and their importance is recognised by the court of justice61 . member states should be able to refer cases to the authority for mediation according to standard procedures put in place for this purpose . in those cases , the authority should hear the member states as well as the persons concerned to ensure it has a full picture of the situation . the authority should mainly deal with disputes between member states , while individuals and employers facing difficulties with exercising their union rights should primarily continue to have at their disposal the national and union services dedicated to dealing with such cases , such as the solvit network to which the authority should refer such cases . when , however , the authority , following a prima facie assessment , considers it would be better to directly deal with the case concerned , it should do so . upon its own initiative or at the request of a person concerned , the solvit network refer to the authority for its consideration cases brought to their attention in which the problem is not being solved , for example due to differences between national administrations or when no solution has been provided to the person concerned in due time . __________________ 60 council , partial general approach of 26 october 2017 on the proposal for a regulation amending regulation no 883 / 2004 on the coordination of social security systems and regulation no 987 / 2009 laying down the procedure for implementing regulation no 883 / 2004 13645 / 1 / 17 . 61 case c - 236 / 88 eu : c : 1990 : 303 , paragraph 17 ; case c - 202 / 97 eu : c : 2000 : 75 , paragraphs 57 - 58 ; case c - 178 / 97 eu : c : 2000 : 169 , paragraphs 44 - 45 ; case c - 2 / 05 eu : c : 2006 : 69 , paragraphs 28 - 29 ; case c - 12 / 14 eu : c : 2016 : 135 , paragraphs 39 - 41 ; case c - 359 / 16 eu : c : 2018 : 63 , paragraphs 44 - 45 .


### mediate in disputes between member states ' authorities on the application of relevant union law , in accordance with article 13 ; ### mediate in disputes on the application of relevant union law , in accordance with article 13 ;


### the authority shall assess risks and carry out analyses regarding cross - border labour flows , such as labour market imbalances , sector - specific threats and recurring problems encountered by individuals and employers in relation to cross - border mobility . for that purpose , the authority shall ensure complementarity with , and draw on the expertise of , other union agencies or services , including in the areas of skills forecasting and health and safety at work . upon a request by the commission , the authority may carry out focused in - depth analyses and studies to investigate specific labour mobility issues . ### the agency shall , in cooperation with member states and social partners , assess risks and carry out analyses regarding cross - border labour flows , such as obstacles to the labour mobility of workers , discriminatory provisions in national laws and recurring problems encountered by individuals and employers in relation to cross - border mobility . for that purpose , the agency shall make use of all available statistical data , ensure complementarity with , and draw on the expertise of , other union agencies or services , including in the areas of skills forecasting and health and safety at work . upon a request by the commission , the agency may carry out focused in - depth analyses and studies to investigate specific labour mobility issues .


### a european labour authority should be established in order to help strengthen fairness and trust in the single market . to that effect , the authority should support the member states and the commission in strengthening access to information for individuals and employers about their rights and obligations in cross - border labour mobility situations as well as access to relevant services , support compliance and cooperation between the member states to ensure the effective application of the union law in these areas , and mediate and facilitate a solution in case of cross - border disputes or labour market disruptions . ### a european labour and social security authority should be established in order to help strengthen social justice and trust in the single market . to that effect , the authority should support the member states and the commission in strengthening access to information for individuals and employers about their rights and obligations in cross - border labour and other mobility situations as well as access to relevant services , support compliance and cooperation between the member states to ensure the effective application and enforcement of the union law in these areas , and mediate and facilitate a solution in case of cross - border disputes or labour market disruptions .


### the authority shall facilitate cooperation between member states and support their effective compliance with cooperation obligations , including on information exchange , as defined in union law within the scope of the authority’s competences . ### the agency shall facilitate and enhance cooperation between member states and support their effective compliance with cooperation obligations , including on information exchange , as defined in union law within the scope of the agency’s competences .


### the individuals covered by the activities of the authority should be persons who are subject to the union law within the scope of this regulation , including workers , self - employed persons , jobseekers , and economically non - active persons ; this should cover both union citizens and third - country nationals who are legally resident in the union , such as posted workers , eu blue card holders , intra - corporate transferees or long - term residents , as well as their family members . ### the individuals covered by the activities of the agency should be persons who are subject to the union law within the scope of this regulation , including workers , self - employed persons , jobseekers , and economically non - active persons ; this should cover both union citizens and third - country nationals who are legally resident in the union , eu blue card holders , intra - corporate transferees or long - term residents , as well as their family members as provided by relevant union legal acts regulating their movement within the union .


### facilitate and help coordinate the work of the national coordination centres network referred to in article 6 and the cybersecurity competence community referred to in article 8 ; ### create , manage , and facilitate the national coordination centres network referred to in article 6 and the cybersecurity competence community referred to in article 8 ;


### the executive director shall be appointed by the governing board from a list of candidates proposed by the commission , following an open and transparent selection procedure . ### the executive director shall be appointed by the governing board from a list of candidates proposed by the commission , following an open , transparent and non - discriminatory selection procedure .


### the competence centre shall accredit entities established under national law as members of the cybersecurity competence community after an assessment made by the national coordination centre of the member state where the entity is established , on whether that entity meets the criteria provided for in paragraph 3 . an accreditation shall not be limited in time but may be revoked by the competence centre at any time if it or the relevant national coordination centre considers that the entity does not fulfil the criteria set out in paragraph 3 or it falls under the relevant provisions set out in article 136 of regulation xxx [ new financial regulation ] . ### the competence centre shall accredit entities established under national law , or individuals , as members of the cybersecurity competence community after an assessment made by the national coordination centre of the member state where the entity is established , or the individual is a resident , on whether that entity or individual meets the criteria provided for in paragraph 3 . an accreditation shall not be limited in time but may be revoked by the competence centre at any time if it or the relevant national coordination centre considers that the entity does not fulfil the criteria set out in paragraph 3 or it falls under the relevant provisions set out in article 136 of regulation xxx [ new financial regulation ] . the national coordination centres of the member states shall aim to achieve a balanced representation of stakeholders in the community , actively stimulating participation from under - represented categories and groups of individuals .


### support research and innovation for standardisation in cybersecurity technology ### supporting research and innovation for formal and non - formal standardisation in cybersecurity , where appropriate in close cooperation with the european standardisation organisations ;


### the competence centre should have in place rules regarding the prevention and the management of conflict of interest . the competence centre should also apply the relevant union provisions concerning public access to documents as set out in regulation no 1049 / 2001 of the european parliament and of the council24 . processing of personal data by the competence centre will be subject to regulation no xxx / 2018 of the european parliament and of the council . the competence centre should comply with the provisions applicable to the union institutions , and with national legislation regarding the handling of information , in particular sensitive non classified information and eu classified information . __________________ 24 regulation no 1049 / 2001 of the european parliament and of the council of 30 may 2001 regarding public access to european parliament , council and commission documents . ### the competence centre should have in place rules regarding the prevention , identification and resolution of conflicts of interest in respect of its members , bodies and staff , the governing board , as well as the scientific and industrial advisory board , and the community . member states should ensure the prevention , identification , and resolution of conflicts of interest in respect of the national coordination centres . the competence centre should also apply the relevant union provisions concerning public access to documents as set out in regulation no 1049 / 2001 of the european parliament and of the council24 . processing of personal data by the competence centre will be subject to regulation no xxx / 2018 of the european parliament and of the council . the competence centre should comply with the provisions applicable to the union institutions , and with national legislation regarding the handling of information , in particular sensitive non classified information and eu classified information . __________________ 24 regulation no 1049 / 2001 of the european parliament and of the council of 30 may 2001 regarding public access to european parliament , council and commission documents .


### emerging technologies such as artificial intelligence , internet of things , high - performance computing and quantum computing , blockchain and concepts such as secure digital identities create at the same time new challenges for cybersecurity as well as offer solutions . assessing and validating the robustness of existing or future ict systems will require testing security solutions against attacks run on hpc and quantum machines . the competence centre , the network and the cybersecurity competence community should help advance and disseminate the latest cybersecurity solutions . at the same time the competence centre and the network should be at the service of developers and operators in critical sectors such as transport , energy , health , financial , government , telecom , manufacturing , defence , and space to help them solve their cybersecurity challenges . ### emerging technologies such as artificial intelligence , internet of things , high - performance computing and quantum computing , as well as concepts such as secure digital identities create at the same time new challenges for cybersecurity as well as offer products and processes . assessing and validating the robustness of existing or future ict systems will require testing security products and processes against attacks run on hpc and quantum machines . the competence centre , the network and the cybersecurity competence community should help advance and disseminate the latest cybersecurity products and processes . at the same time the competence centre and the network should be at the service of developers and operators in critical sectors such as transport , energy , health , financial , government , telecom , manufacturing , and space to help them solve their cybersecurity challenges .


### providing cybersecurity knowledge and technical assistance to industry and public authorities , in particular by supporting actions aimed at facilitating access to the expertise available in the network and the cybersecurity competence community ; ### facilitating the sharing of cybersecurity knowledge and technical assistance among others to civil society , the industry , public authorities , and the academic and research community , in particular by supporting actions aimed at facilitating access to the expertise available in the network and the cybersecurity competence community ;


### contribute to the wide deployment of state - of - the - art cyber security products and solutions across the economy , by carrying out the following tasks : ### contribute to the wide deployment of state - of - the - art and sustainable cybersecurity products and processes across the union , by carrying out the following tasks :


### the cybersecurity competence community shall contribute to the mission of the competence centre as laid down in article 3 and enhance and disseminate cybersecurity expertise across the union . ### the cybersecurity competence community contributes to the mission of the competence centre as laid down in article 3 and enhances and disseminates cybersecurity expertise across the union and provides technical expertise .


### an administrative agreement may be concluded between the competence centre and the member state [ belgium ] in which its seat is located concerning privileges and immunities and other support to be provided by that member state to the competence centre . ### an administrative agreement shall be concluded between the competence centre and the member state [ belgium ] in which its seat is located concerning privileges and immunities and other support to be provided by that member state to the competence centre .


### facilitating the participation of industry and other actors at the member state level in cross - border projects ; ### promoting , encouraging and facilitating the participation of civil society , industry , in particular start - ups and smes , academic and research community , and other actors at the member state level in cross - border projects ;


### supporting further development of cybersecurity skills , where appropriate together with relevant eu agencies and bodies including enisa . ### supporting further development of cybersecurity processes , skills , and competences ; facilitating a common high level of cybersecurity knowledge ; and contributing to the resilience of users and infrastructures in the union in coordination with relevant eu agencies and bodies including enisa , as well as the network .


### supporting in particular public authorities in organising their public procurement , or carrying out procurement of state - of - the - art cybersecurity products and solutions on behalf of public authorities ; ### supporting in particular public authorities in organising their public procurement , or carrying out procurement of state - of - the - art cybersecurity products and processes on behalf of public authorities , including by providing support for sustainable procurement ;


### the cybersecurity competence community shall consist of industry , academic and non - profit research organisations , and associations as well as public entities and other entities dealing with operational and technical matters . it shall bring together the main stakeholders with regard to cybersecurity technological and industrial capacities in the union . it shall involve national coordination centres as well as union institutions and bodies with relevant expertise . . ### the cybersecurity competence community shall consist of civil society , industry , academic and research community , associations , individual experts , relevant european standardisation organisations , as well as public entities and other entities dealing with operational and technical matters in the area of cybersecurity . it shall bring together the main stakeholders with regard to cybersecurity technological , industrial , academic and research , and societal capacities and capabilities in the union and shall involve national coordination centres as well as union institutions and bodies with relevant expertise .


### assessing requests by entities established in the same member state as the coordination centre for becoming part of the cybersecurity competence community . ### assessing requests by entities and individuals established in the same member state as the coordination centre for becoming part of the cybersecurity competence community .


### the industrial and scientific advisory board shall meet at least twice a year . ### the industrial and scientific advisory board shall meet at least three times a year .


### only entities which are established within the union may be accredited as members of the cybersecurity competence community . they shall demonstrate that they have cybersecurity expertise with regard to at least one of the following domains : ### only entities which are established , and individuals resident within the union may be accredited as members of the cybersecurity competence community . the governing board shall specify criteria for cybersecurity expertise and applicants shall demonstrate that they can provide such expertise with regard to at least one of the following domains :


### members of the governing board and their alternates shall be appointed in light of their knowledge in the field of technology as well as of relevant managerial , administrative and budgetary skills . the commission and the member states shall make efforts to limit the turnover of their representatives in the governing board , in order to ensure continuity of the board’s work . the commission and the member states shall aim to achieve a balanced representation between men and women on the governing board . ### members of the governing board and their alternates shall be appointed in light of their knowledge in the field of cybersecurity as well as of relevant managerial , administrative and budgetary skills . the commission and the member states shall make efforts to limit the turnover of their representatives in the governing board , in order to ensure continuity of the board’s work . the commission and the member states shall achieve a balanced representation between men and women on the governing board .


### prepare an action plan following - up on the conclusions of the retrospective evaluations and reporting on progress every two years to the commission ### prepare an action plan following - up on the conclusions of the retrospective evaluations and reporting on progress every two years to the commission and the european parliament ;


### having regard to the state - of - the - art cybersecurity industrial and research infrastructures and related services , providing support to other entities , including financially , to acquiring , upgrading , operating and making available such infrastructures and related services to a wide range of users across the union from industry including smes , the public sector and the research and scientific community ; ### providing support to other entities , including financially , to acquiring , upgrading , operating and making available such facilities and related services to a wide range of users and stakeholders ;


### the commission may invite observers , including representatives of relevant union bodies , offices and agencies , to take part in the meetings of the governing board as appropriate . ### the governing board may invite observers , including representatives of relevant union bodies , offices and agencies , to take part in the meetings of the governing board as appropriate .


### the relationship between the competence centre and the national coordination centres shall be based on a contractual agreement signed between the competence centre and each of the national coordination centres . the agreement shall provide for the rules governing the relationship and division of tasks between the competence centre and each national coordination centre . ### the relationship between the competence centre and the national coordination centres shall be based on a contractual agreement signed between the competence centre and each of the national coordination centres . the agreement shall consist of the same set of general conditions providing the rules governing the relationship and division of tasks between the competence centre and each national coordination centre and special conditions tailored on the particular national coordination centre .


### whereas the competence centre and the network should strive to achieve synergies between the cybersecurity civilian and defence spheres , projects financed by the horizon europe programme will be implemented in line with regulation xxx [ horizon europe regulation ] , which provides that research and innovation activities carried out under horizon europe shall have a focus on civil applications . ### projects financed by the horizon europe programme will be implemented in line with regulation xxx [ horizon europe regulation ] , which provides that research and innovation activities carried out under horizon europe shall have a focus on civil applications .


### the european agency for network and information security shall be a permanent observer in the governing board . ### the european agency for network and information security shall permanently take part in the deliberations of the governing board , in an advisory role without voting rights .


### having regard to the state - of - the - art cybersecurity industrial and research infrastructures and related services , acquiring , upgrading , operating and making available such infrastructures and related services to a wide range of users across the union from industry including smes , the public sector and the research and scientific community ; ### acquiring , upgrading , operating and making available own facilities and related services to a wide range of users and stakeholders ;


### providing financial support and technical assistance to cybersecurity start - ups and smes to connect to potential markets and to attract investment ; ### providing financial support and technical assistance to cybersecurity start - ups , smes , micro - enterprises , individual experts , commonly used free and open source software projects , and civic tech projects , to connect to potential markets , deployment opportunities , and to attract investment ;


### the governing board may , acting on a proposal from the commission which takes into account the assessment referred to in paragraph 5 , extend once the term of office of the executive director for no more than four years . ### the governing board may , taking into account the assessment referred to in paragraph 5 , extend once the term of office of the executive director for no more than five years .


### such cooperation shall take place within the framework of working arrangements . those arrangements shall be submitted to the prior approval of the commission . ### such cooperation shall take place within the framework of working arrangements . those arrangements shall be adopted by the governing board after prior approval of the commission .


### stimulating cybersecurity research , development and the uptake of union cybersecurity products and solutions by public authorities and user industries ; ### stimulating cybersecurity research , development and the uptake of union cybersecurity products and processes , including by public authorities and industry ;


### the commission may terminate , proportionally reduce or suspend the union’s financial contribution to the competence centre if the participating member states do not contribute , contribute only partially or contribute late with regard to the contributions referred to in paragraph 1 . ### the commission may terminate , proportionally reduce or suspend the union’s financial contribution to the competence centre if the participating member states do not contribute , or contribute only partially with regard to the contributions referred to in paragraph 1 .


### the competence centre should operate in an open and transparent way providing all relevant information in a timely manner as well as promoting its activities , including information and dissemination activities to the wider public . the rules of procedure of the bodies of the competence centre should be made publicly available . ### the competence centre should operate in an open and transparent way comprehensively providing information in a timely manner as well as promoting its activities , including information and dissemination activities to the wider public . it should provide the public and any interested parties with a list of the cybersecurity competence community members and should make public the declarations of interest made by them in accordance with article 42 . the rules of procedure of the bodies of the competence centre should be made publicly available .


### ' public authority ' means any government or other public administration , including public advisory bodies , at national , regional or local level or any natural or legal person performing public administrative functions under national law , including specific duties ; ### ' public authority ' means any government or other public administration , including public advisory bodies , at national , regional or local level or any natural or legal person performing public administrative functions under union and national law , including specific duties ;


### the competence centre shall accredit entities established under national law as members of the cybersecurity competence community after an assessment made by the national coordination centre of the member state where the entity is established , on whether that entity meets the criteria provided for in paragraph 3 . an accreditation shall not be limited in time but may be revoked by the competence centre at any time if it or the relevant national coordination centre considers that the entity does not fulfil the criteria set out in paragraph 3 or it falls under the relevant provisions set out in article 136 of regulation xxx [ new financial regulation ] . ### the competence centre shall accredit entities established under national law , or individuals , as members of the cybersecurity competence community after an assessment made by the national coordination centre of the member state where the entity is established , or the individual is a resident , on whether that entity or individual meets the criteria provided for in paragraph 3 . an accreditation shall not be limited in time but may be revoked by the competence centre at any time if it or the relevant national coordination centre considers that the entity does not fulfil the criteria set out in paragraph 3 or it falls under the relevant provisions set out in article 136 of regulation xxx [ new financial regulation ] . the national coordination centres of the member states shall aim to achieve a balanced representation of stakeholders in the community , actively stimulating participation from under - represented categories and groups of individuals .


### increase the competitiveness of the union ' s cybersecurity industry and turn cybersecurity into competitive advantage of other union industries . ### increase the competitiveness of the union ' s civilian cybersecurity industry and turn cybersecurity into a competitive advantage of other union industries ;


### support large - scale research and demonstration projects in next generation cybersecurity technological capabilities , in collaboration with the industry and the network ; ### supporting large - scale research and demonstration projects in next generation cybersecurity technological capabilities , in collaboration with the industry , the network , and the community ;


### promote the competence centre globally , so as to raise its attractiveness and make it a world - class body for excellence in cybersecurity ; ### promote the cooperation of the competence centre with global actors ;


### facilitating the participation of industry and other actors at the member state level in cross - border projects ; ### promoting , encouraging and facilitating the participation of civil society , industry , in particular start - ups and smes , academic and research community , and other actors at the member state level in cross - border projects ;


### ' cybersecurity products and solutions ' means ict products , services or process with the specific purpose of protecting network and information systems , their users and affected persons from cyber threats ; ### ' products and processes ' means commercial and non - commercial ict products , services or processes with the specific purpose of protecting network and information systems , their users and other persons from cybersecurity threats , including free and open source software products , services or processes ;


### emerging technologies such as artificial intelligence , internet of things , high - performance computing and quantum computing , blockchain and concepts such as secure digital identities create at the same time new challenges for cybersecurity as well as offer solutions . assessing and validating the robustness of existing or future ict systems will require testing security solutions against attacks run on hpc and quantum machines . the competence centre , the network and the cybersecurity competence community should help advance and disseminate the latest cybersecurity solutions . at the same time the competence centre and the network should be at the service of developers and operators in critical sectors such as transport , energy , health , financial , government , telecom , manufacturing , defence , and space to help them solve their cybersecurity challenges . ### emerging technologies such as artificial intelligence , internet of things , high - performance computing and quantum computing , as well as concepts such as secure digital identities create at the same time new challenges for cybersecurity as well as offer products and processes . assessing and validating the robustness of existing or future ict systems will require testing security products and processes against attacks run on hpc and quantum machines . the competence centre , the network and the cybersecurity competence community should help advance and disseminate the latest cybersecurity products and processes . at the same time the competence centre and the network should be at the service of developers and operators in critical sectors such as transport , energy , health , financial , government , telecom , manufacturing , and space to help them solve their cybersecurity challenges .


### the relationship between the competence centre and the national coordination centres shall be based on a contractual agreement signed between the competence centre and each of the national coordination centres . the agreement shall provide for the rules governing the relationship and division of tasks between the competence centre and each national coordination centre . ### the relationship between the competence centre and the national coordination centres shall be based on a contractual agreement signed between the competence centre and each of the national coordination centres . the agreement shall consist of the same set of general conditions providing the rules governing the relationship and division of tasks between the competence centre and each national coordination centre and special conditions tailored on the particular national coordination centre .


### retain and develop the cybersecurity technological and industrial capacities necessary to secure its digital single market ; ### develop the civilian cybersecurity technological , industrial , societal , academic and research capacities and capabilities ;


### supporting the competence centre in achieving its objectives and in particular in coordinating the cybersecurity competence community ; ### supporting the competence centre in achieving its objectives and in particular in establishing and coordinating the cybersecurity competence community ;


### the competence centre shall ensure that the public and any interested parties are given appropriate , objective , reliable and easily accessible information , in particular with regard to the results of its work . it shall also make public the declarations of interest made in accordance with article 41 . ### the competence centre shall ensure that the public and any interested parties are provided with comprehensive , objective , reliable and easily accessible information , in particular with regard to the results of the work of the competence centre , the network , the industry and scientific advisory board and the community . it shall also make public the declarations of interest made in accordance with article 42 .


### only entities which are established within the union may be accredited as members of the cybersecurity competence community . they shall demonstrate that they have cybersecurity expertise with regard to at least one of the following domains : ### only entities which are established , and individuals resident within the union may be accredited as members of the cybersecurity competence community . the governing board shall specify criteria for cybersecurity expertise and applicants shall demonstrate that they can provide such expertise with regard to at least one of the following domains :


### substantial disruption of network and information systems can affect individual member states and the union as a whole . the security of network and information systems is therefore essential for the smooth functioning of the internal market . at the moment , the union depends on non - european cybersecurity providers . however , it is in the union ' s strategic interest to ensure that it retains and develops essential cybersecurity technological capacities to secure its digital single market , and in particular to protect critical networks and information systems and to provide key cybersecurity services . ### substantial disruption of network and information systems can affect individual member states and the union as a whole . the security of network and information systems is therefore essential . at the moment , the union depends on non - european cybersecurity providers . however , it is in the union ' s strategic interest to ensure that it retains and develops essential cybersecurity technological capacities and capabilities in particular to protect critical networks and information systems and to provide key cybersecurity services .


### supporting further development of cybersecurity skills , where appropriate together with relevant eu agencies and bodies including enisa . ### supporting further development of cybersecurity processes , skills , and competences ; facilitating a common high level of cybersecurity knowledge ; and contributing to the resilience of users and infrastructures in the union in coordination with relevant eu agencies and bodies including enisa , as well as the network .


### enhance cybersecurity capabilities , knowledge and infrastructures at the service of industries , the public sector and research communities , by carrying out the following tasks : ### enhance cybersecurity resilience , capabilities , knowledge and infrastructures at the service of society , industries , the public sector and research communities , by carrying out the following tasks , having regard to the state - of - the - art cybersecurity industrial and research infrastructures and related services :


### improve the understanding of cybersecurity and contribute to reducing skills gaps in the union related to cybersecurity by carrying out the following tasks : ### improve the understanding of cybersecurity , contribute to reducing skills gaps and strengthening the level of skills in the union related to cybersecurity by carrying out the following tasks :


### seeking to establish synergies with relevant activities at the national and regional level ; ### seeking to establish synergies with relevant activities at the national , regional and local level ;


### providing cybersecurity knowledge and technical assistance to industry and public authorities , in particular by supporting actions aimed at facilitating access to the expertise available in the network and the cybersecurity competence community ; ### facilitating the sharing of cybersecurity knowledge and technical assistance among others to civil society , the industry , public authorities , and the academic and research community , in particular by supporting actions aimed at facilitating access to the expertise available in the network and the cybersecurity competence community ;


### providing financial support to cybersecurity research efforts based on a common , continuously evaluated and improved multiannual strategic , industrial , technology and research agenda ; ### providing financial support to cybersecurity research efforts based on a common , continuously evaluated and improved multiannual strategic , industrial , technology and research plan ;


### assisting public authorities , demand side industries and other users in adopting and integrating the latest cyber security solutions ; ### assisting public authorities , demand side industries and other users in adopting and integrating commonly used , state - of - the - art cybersecurity products and solutions ;


### increase the competitiveness of the union ' s cybersecurity industry and turn cybersecurity into competitive advantage of other union industries . ### increase the competitiveness of the union ' s civilian cybersecurity industry and turn cybersecurity into a competitive advantage of other union industries ;


### the commission may terminate , proportionally reduce or suspend the union’s financial contribution to the competence centre if the participating member states do not contribute , contribute only partially or contribute late with regard to the contributions referred to in paragraph 1 . ### the commission may terminate , proportionally reduce or suspend the union’s financial contribution to the competence centre if the participating member states do not contribute , or contribute only partially with regard to the contributions referred to in paragraph 1 .


### the term of office of the executive director shall be four years . by the end of that period , the commission shall carry out an assessment which takes into account the evaluation of the performance of the executive director and the competence centre’s future tasks and challenges . ### the term of office of the executive director shall be five years . by the end of that period , the governing board shall carry out an assessment which takes into account the evaluation of the performance of the executive director and the competence centre’s future tasks and challenges .


### support large - scale research and demonstration projects in next generation cybersecurity technological capabilities , in collaboration with the industry and the network ; ### supporting large - scale research and demonstration projects in next generation cybersecurity technological capabilities , in collaboration with the industry , the network , and the community ;


### from 1 january 2002 , no vessel may keep on board , or use for fishing , one or more drift - nets intended for the capture of species listed in annex viii . 2 . from 1 january 2002 , it is prohibited to land species listed in annex viii which have been caught in drift - nets . 3 . until 31 december 2001 , a vessel may keep on board , or use for fishing , one or more drift - nets referred to in paragraph 1 after receiving authorisation from the competent authorities of the flag member state . in 1998 , the maximum number of vessels which may be authorised by a member state to keep on board , or use for fishing , one or more driftnets shall not exceed 60 % of the fishing vessels which used one or more drift - nets during the period 1995 to 1997 . 4 . member states shall communicate to the commission for each target species by 30 april of each year , the list of vessels authorised to carry out fishing activities using the drift - nets referred to in paragraph 3 ; for 1998 , the information shall be sent not later than 31 july 1998 . ### article 11 a is replaced by the following : ' 1 . no vessel may keep on board , or use for fishing , one or more driftnets intended for the capture of species listed in annex viii . 2 . it is prohibited to land species listed in annex viii which have been caught in driftnets . 3 . in the mediterranean sea , from 1 june 2015 , no vessel may keep on board , or use for fishing , driftnets with a mesh size larger than 50 mm . '


### ' drift net ' means : any gillnet held on the sea surface or at a certain distance below it by floating devices , drifting with the current , either independently or with the boat to which it may be attached . it may be equipped with devices aiming to stabilise the net or to limit its drift . ### article 2 a amendment of regulation no 894 / 97 regulation no 894 / 97 is amended as follows : article 11 is replaced by the following : ' 1 . driftnet ' means a net made up of one or more walls of netting , hung jointly in parallel on the headline , held on the water surface or at a certain distance below it by floating devices and drifting with the current , either independently or with the boat to which it may be attached . it may be equipped with devices aimed at stabilising the net or limiting its drift , such as a sea - anchor or an anchor on the bottom attached at one single end of the net . '


### this regulation shall enter into force on 1 january 2015 . ### this regulation shall enter into force on . . . * . ________ * 20 days after publication of this regulation in the official journal .


### ' alert ' means a set of data , including biometric identifiers as referred to in article 22 and in article 40 , entered in sis allowing the competent authorities to identify a person or an object with a view to taking specific action ; ### ' alert ' means a set of data entered in sis allowing the competent authorities to identify a person or an object with a view to taking specific action ;


### it is necessary to maintain a manual setting out the detailed rules for the exchange of certain supplementary information concerning the action called for by alerts . national authorities in each member state , should ensure the exchange of this information . ### it is necessary to maintain a manual setting out the detailed rules for the exchange of certain supplementary information concerning the action called for by alerts . national authorities in each member state , should ensure the immediate exchange of this information .


### alerts for arrest for surrender or extradition purposes pursuant to article 26 shall be deleted once the person has been surrendered or extradited to the competent authorities of the issuing member state . they may also be deleted where the judicial decision on which the alert was based has been revoked by the competent judicial authority according to national law . ### alerts for arrest for surrender or extradition purposes pursuant to article 26 shall be deleted once the person has been surrendered or extradited to the competent authorities of the issuing member state . they shall also be deleted where the judicial decision on which the alert was based has been revoked by the competent judicial authority according to national law .


### for the purposes of discreet checks , inquiry checks or specific checks , all or some of the following information shall be collected and communicated to the authority issuing the alert when border control checks , police and customs checks or other law enforcement activities are carried out within a member state : ### for the purposes of discreet checks or specific checks , all or some of the following information shall be collected and communicated to the authority issuing the alert when border control checks , police and customs checks or other law enforcement activities are carried out within a member state :


### alerts should not be kept in sis longer than the time required to fulfil the purposes for which they were issued . in order to reduce the administrative burden on the different authorities involved in processing data on individuals for different purposes , it is appropriate to align the retention period of alerts on persons with the retention periods envisaged for return and illegal stay purposes . moreover , member states regularly extend the expiry date of alerts on persons if the required action could not be taken within the original time period . therefore , the retention period for alerts on persons should be a maximum of five years . under the general principle , alerts on persons should be automatically deleted from sis after a period of five years , except those entered for the purpose of a discreet , specific or investigative check , which must be deleted after a year . alerts on objects for the purpose of discreet , investigative or specific checks should be automatically deleted from sis after a year , as they are still linked to persons . alerts on objects for seizure or use as evidence in criminal proceedings should be automatically deleted from sis after a period of five years , as after such a period the likelihood of finding them is very low and their economic value is significantly diminished . alerts on issued and blank identification documents should be kept for 10 years , as the validity period of documents is 10 years at the time of issuance . decisions to keep alerts on persons should be based on a comprehensive individual assessment . member states should review alerts on persons within the defined period and keep statistics about the number of alerts on persons for which the retention period has been extended . ### alerts should not be kept in sis longer than the time required to fulfil the purposes for which they were issued . the retention period for alerts on persons should be a maximum of three years . under the general principle , alerts on persons should be automatically deleted from sis after a period of three years , except those entered for the purpose of a discreet , specific or investigative check , which must be deleted after a year . alerts on objects for the purpose of discreet , investigative or specific checks should be automatically deleted from sis after a year , as they are still linked to persons . alerts on objects for seizure or use as evidence in criminal proceedings should be automatically deleted from sis after a period of five years , as after such a period the likelihood of finding them is very low and their economic value is significantly diminished . alerts on issued and blank identification documents should be kept for 10 years , as the validity period of documents is 10 years at the time of issuance . decisions to keep alerts on persons should be based on a comprehensive individual assessment . member states should review alerts on persons within the defined period and keep statistics about the number of alerts on persons for which the retention period has been extended .


### in the event of a hit or a potential match with the data stored pursuant to article 40 , the identity of the person shall be established in accordance with national law , together with verification that the dactylographic data stored in sis belong to the person . member states shall communicate by using supplementary information in order to facilitate timely investigation of the case . ### in the event of a hit or a potential match with the data stored pursuant to article 40 , the identity of the person shall be established in accordance with national law , together with verification that the dactylographic data stored in sis belong to the person . member states shall immediately communicate by using supplementary information in order to facilitate timely investigation of the case .


### an alert on a child referred to in paragraph 2 shall be entered at the request of the competent judicial authority of the member state that has jurisdiction in matters of parental responsibility in accordance with council regulation no 2201 / 200374 where a concrete and apparent risk exists that the child may be unlawfully and imminently removed from the member state where that competent judicial authority is situated . in member states which are party to the hague convention of 19 october 1996 on jurisdiction , applicable law , recognition , enforcement and cooperation in respect of parental responsibility and measures for the protection of children and where council regulation no 2201 / 2003 does not apply , the provisions of the hague convention are applicable . _________________ 74 council regulation no 2201 / 2003 of 27 november 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility , repealing regulation no 1347 / 2000 . ### an alert on a child referred to in paragraph 2 shall be requested and ruled on by a competent authority of the member state in accordance with council regulation no 2201 / 200374 . in member states which are party to the hague convention of 19 october 1996 on jurisdiction , applicable law , recognition , enforcement and cooperation in respect of parental responsibility and measures for the protection of children and where council regulation no 2201 / 2003 does not apply , the provisions of the hague convention are applicable . _________________ 74 council regulation no 2201 / 2003 of 27 november 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility , repealing regulation no 1347 / 2000 .


### alerts should not be kept in sis longer than the time required to fulfil the purposes for which they were issued . in order to reduce the administrative burden on the different authorities involved in processing data on individuals for different purposes , it is appropriate to align the retention period of alerts on persons with the retention periods envisaged for return and illegal stay purposes . moreover , member states regularly extend the expiry date of alerts on persons if the required action could not be taken within the original time period . therefore , the retention period for alerts on persons should be a maximum of five years . as a general principle , alerts on persons should be automatically deleted from sis after a period of five years , except for alerts issued for the purposes of discreet , specific and inquiry checks . these should be deleted after one year . alerts on objects entered for discreet checks , inquiry checks or specific checks should be automatically deleted from the sis after a period of one year , as they are always related to persons . alerts on objects for seizure or use as evidence in criminal proceedings should be automatically deleted from sis after a period of five years , as after such a period the likelihood of finding them is very low and their economic value is significantly diminished . alerts on issued and blank identification documents should be kept for 10 years , as the validity period of documents is 10 years at the time of issuance . decisions to keep alerts on persons should be based on a comprehensive individual assessment . member states should review alerts on persons within the defined period and keep statistics about the number of alerts on persons for which the retention period has been extended . ### alerts should not be kept in sis longer than the time required to fulfil the purposes for which they were issued . moreover , member states regularly extend the expiry date of alerts on persons if the required action could not be taken within the original time period . therefore , the retention period for alerts on persons should be a maximum of three years . as a general principle , alerts on persons should be automatically deleted from sis after a period of three years , except for alerts issued for the purposes of discreet and specific checks . these should be deleted after one year . alerts on objects entered for discreet checks or specific checks should be automatically deleted from the sis after a period of one year , as they are always related to persons . alerts on objects for seizure or use as evidence in criminal proceedings should be automatically deleted from sis after a period of five years , as after such a period the likelihood of finding them is very low and their economic value is significantly diminished . alerts on issued and blank identification documents should be kept for 10 years , as the validity period of documents is 10 years at the time of issuance . decisions to keep alerts on persons should be based on a comprehensive individual assessment . member states should review alerts on persons within the defined period and keep statistics about the number of alerts on persons for which the retention period has been extended .


### a member state issuing an alert shall , within five years of its entry into sis , review the need to retain it . alerts issued for the purposes of article 36 of this regulation shall be kept for a maximum period of one year . ### a member state issuing an alert shall , within three years of its entry into sis , review the need to retain it . alerts issued for the purposes of article 36 of this regulation shall be kept for a maximum period of one year .


### alerts on unknown wanted persons pursuant to article 40 shall be deleted in accordance with the following rules : ### alerts on unknown wanted persons pursuant to article 40 shall be deleted upon :


### the sirene bureaux shall carry out their task in a quick and efficient manner , in particular by replying to a request as soon as possible but not later than 12 hours after the receipt of the request . ### the sirene bureaux shall carry out their task in a quick and efficient manner , in particular by replying to a request as soon as possible but not later than 12 hours after the receipt of the request . in case of alerts for terrorism offences the sirene bureaux shall act immediately .


### the logs may only be used for the purposes mentioned in paragraph 1 and shall be deleted at the earliest one year , and at the latest three years , after their creation . the logs which include the history of alerts shall be erased after one to three years after deletion of the alerts . ### the logs may only be used for the purposes mentioned in paragraph 1 and shall be deleted one year after their creation . the logs which include the history of alerts shall be erased one year after deletion of the alerts .


### dactylographic data may be entered in sis , not related to persons who are subject of the alerts . these dactylographic data shall be either complete or incomplete sets of fingerprints or palm prints discovered at the scenes of crimes under investigation , of serious crime and terrorist offence and where it can be established to a high degree of probability that they belong to the perpetrator of the offence . the dactylographic data in this category shall be stored as “unknown suspect or wanted person” provided that the competent authorities cannot establish the identity of the person by using any other national , european or international database . ### dactylographic data may be entered in sis , not related to persons who are subject of the alerts . these dactylographic data shall be either complete or incomplete sets of fingerprints or palm prints discovered at the scenes of serious crimes or terrorist offences under investigation and where there is other evidence that the dactylographic data belong to the perpetrator of the offence . if the competent authority of the issuing member state cannot establish the identity of the suspect by using any other relevant data base , the dactylographic data in this category may be stored as “unknown suspect or wanted person”


### any specific , objective , physical characteristics not subject to change ; ### any specific , objective , physical characteristics not subject to change , not linked to special categories of personal data defined in article 9 of regulation 2016 / 679 , such as ethnicity , religion , disability , gender or sexual orientation ;


### regulation 2016 / 1624 of the european parliament and of the council56 provides for the purpose of this regulation , that the host member state is to authorise the members of the european border and coast guard teams or teams of staff involved in return - related tasks , deployed by the european border and coast guard agency , to consult european databases , where this consultation is necessary for fulfilling operational aims specified in the operational plan on border checks , border surveillance and return . other relevant union agencies , in particular the european asylum support office and europol , may also deploy experts as part of migration management support teams , who are not members of the staff of those union agencies . the objective of the deployment of the european border and coast guard teams , teams of staff involved in return - related tasks and the migration management support team is to provide for technical and operational reinforcement to the requesting member states , especially to those facing disproportionate migratory challenges . fulfilling the tasks assigned to the european border and coast guard teams , teams of staff involved in return - related tasks and the migration management support team necessitates access to sis via a technical interface of the european border and coast guard agency connecting to central sis . in cases where searches carried out by the team or the teams of staff in sis reveal the existence of an alert issued by a member state , the member of the team or the staff cannot take the required action unless authorised to do so by the host member state . therefore it should inform the member states concerned allowing for follow up of the case . _________________ 56 regulation 2016 / 1624 of the european parliament and of the council of 14 september 2016 on the european border and coast guard and amending regulation 2016 / 399 of the european parliament and of the council and repealing regulation no 863 / 2007 of the european parliament and of the council , council regulation no 2007 / 2004 and council decision 2005 / 267 / ec . ### regulation 2016 / 1624 of the european parliament and of the council56 provides for the purpose of this regulation , that the host member state is to authorise the members of the european border and coast guard teams or teams of staff involved in return - related tasks , deployed by the european border and coast guard agency , to consult european databases , where this consultation is necessary for fulfilling operational aims specified in the operational plan on border checks , border surveillance and return . other relevant union agencies , in particular the european asylum support office and europol , may also deploy experts as part of migration management support teams , who are not members of the staff of those union agencies . the objective of the deployment of the european border and coast guard teams , teams of staff involved in return - related tasks and the migration management support team is to provide for technical and operational reinforcement to the requesting member states , especially to those facing disproportionate migratory challenges . fulfilling the tasks assigned to the european border and coast guard teams , teams of staff involved in return - related tasks and the migration management support team necessitates access to sis via a technical interface of the european border and coast guard agency connecting to central sis . in cases where searches carried out by the team or the teams of staff in sis reveal the existence of an alert issued by a member state , the member of the team or the staff cannot take the required action . therefore it should inform the member states concerned allowing for follow up of the case . _________________ 56 regulation 2016 / 1624 of the european parliament and of the council of 14 september 2016 on the european border and coast guard and amending regulation 2016 / 399 of the european parliament and of the council and repealing regulation no 863 / 2007 of the european parliament and of the council , council regulation no 2007 / 2004 and council decision 2005 / 267 / ec .


### data processed in sis in application of this regulation should not be transferred or made available to third countries or to international organisations . however , it is appropriate to strengthen cooperation between the european union and interpol by promoting an efficient exchange of passport data . where personal data is transferred from sis to interpol , these personal data should be subject to an adequate level of protection , guaranteed by an agreement , providing strict safeguards and conditions . ### data processed in sis in application of this regulation should not be transferred or made available to third countries or to international organisations .