### the national independent supervisory authorities should monitor the lawfulness of the processing of personal data by the member states in relation to this regulation . the rights of data subjects for access , rectification and erasure of their personal data stored in sis , and subsequent remedies before national courts as well as the mutual recognition of judgments should be set out . therefore , it is appropriate to require annual statistics from member states . ### the national independent supervisory authorities should monitor the lawfulness of the processing of personal data by the member states in relation to this regulation . the rights of data subjects as regards subsequent remedies before national courts as well as the mutual recognition of judgments should be set out . therefore , it is appropriate to require annual statistics from member states .


### notwithstanding the requirements in paragraph 3 , manufacturers shall make available to oems the value of the carbon dioxide emissions determined during the eu type - approval process and instruct the oems to communicate this information to the end - user of the machinery where the engine is intended to be installed . ### notwithstanding the requirements in paragraph 3 , manufacturers shall make publically available the value of the carbon dioxide emissions determined during the eu type - approval process and instruct the oems to communicate this information to the end - user of the machinery where the engine is intended to be installed .


### the commission or a member state which duly considers that a foreign direct investment is likely to affect its security or public order may request from the member state where the foreign direct investment is planned or has been completed , any information necessary to provide comments referred to in paragraph 2 , or to issue the opinion referred to in paragraph 3 . ### on the basis of the comments provided under paragraph 2 and 3 of this article , the commission may request additional information as referred to in article 10 from the member state where the foreign direct investment is planned . additionally , the commission may request the issue to be discussed in the framework of the investment screening coordination group referred to in article 12a within 30 days .


### - critical infrastructure , including energy , transport , communications , data storage , space or financial infrastructure , as well as sensitive facilities ; ### - critical infrastructure , including energy , water , transport , communications and the media , health services , research , data storage , space or financial infrastructure , as well as sensitive facilities ;


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


### in order to facilitate the cooperation with other member states and the screening of foreign direct investment by the commission , member states should notify their screening mechanisms and any amendment thereto to the commission , and should report on the application of their screening mechanisms on a regular basis . for the same reason , member states that do not have a screening mechanism should also report on the foreign direct investments that took place in their territory , on the basis of the information available to them . ### in order to facilitate the cooperation with other member states and the screening of foreign direct investment by the commission , member states should notify their screening mechanisms and any amendment thereto to the commission , and should report on the application of their screening mechanisms on a regular basis . however , member states that do not have a screening mechanism should also report on the foreign direct investments that took place in their territory only when they relate to projects and programmes of union interest , on the basis of the information available to them .


### where a member state considers that a foreign direct investment planned or completed in another member state is likely to affect its security or public order , it may provide comments to the member state where the foreign direct investment is planned or has been completed . the comments shall be forwarded to the commission in parallel . ### where one or more member states consider that a foreign direct investment planned in another member state is likely to affect their security or public order , they shall inform the commission within 10 working days . those member states shall provide exhaustive explanations of how the foreign direct investment planned in another member state is likely to affect their security or public order . the commission shall inform the member state in which the foreign direct investment is planned within 10 working days of all comments received as well as those member states maintaining a screening mechanism .


### the information referred to in paragraph 1 shall be communicated as soon as possible , and no later than one month after the date on which it was collected . ### the information referred to in paragraph 1 shall be communicated as soon as possible , and no later than three working days after the date on which it was collected .


### the competent authorities shall act as controllers of the personal data they obtained in accordance with articles 3 , 4 and 6 . ### the competent authorities shall act as controllers of the personal data they obtained in accordance with articles 3 , 4 , 5 and 6 .


### the commission shall submit to the european parliament and to the council a report on the application of this regulation five years after its entry into force and every five years thereafter . ### the commission shall , on the basis of the information regularly received from the member states , submit to the european parliament and to the council a report on the application of this regulation three years after its entry into force and every three years thereafter . that report shall evaluate whether the disclosure procedure for unaccompanied cash fits the purpose or whether the introduction of a mandatory declaration would be a more viable option and shall present , if appropriate , a legislative proposal . it shall also evaluate whether other assets should be included within the scope of this regulation .


### the information referred to in paragraphs 1 and 2 shall be communicated as soon as possible , and no later than one month after the date on which it was collected . ### the information referred to in points , and of paragraph 1 and paragraph 2 shall be communicated as soon as possible , and no later than three working days after the date on which it was collected ;


### the period of temporary retention shall be strictly limited to the time required for competent authorities to determine whether the circumstances of the case warrant further retention . the maximum period of temporary retention shall be laid down by national law ; it may not be longer than 30 days . if no determination is made regarding further retention of the cash within that period or if a determination is made that the circumstances of the case do not warrant further retention , the cash shall immediately be made available to the declarant . ### the period of temporary retention shall be strictly limited to the time required for competent authorities to determine whether the circumstances of the case warrant further retention . the maximum period of temporary retention shall be laid down by national law ; it shall not be longer than 30 days . if no determination is made regarding further retention of the cash within that period or if a determination is made that the circumstances of the case do not warrant further retention , the cash shall immediately be made available to the declarant or the person affected .


### the personal data obtained in accordance with articles 3 , 4 and 6 shall be accessed only by duly authorised staff of the competent authorities and be adequately protected against unauthorized access or communication . unless otherwise provided for in articles 8 , 9 and 10 , it may not be disclosed or communicated without the express authorisation of the competent authority which originally obtained the information . however , that authorisation shall not be necessary where the competent authorities are required to disclose or communicate that information pursuant to legal provisions in force in the member state in question , particularly in connection with legal proceedings . ### the personal data obtained in accordance with article 3 , 4 , 5 and 6 shall be accessed only by duly authorised staff of the competent authorities and be adequately protected against unauthorized access or communication . unless otherwise provided for in articles 8 , 9 and 10 , it may not be disclosed or communicated without the express authorisation of the competent authority which originally obtained the information . however , that authorisation shall not be necessary where the competent authorities are required to disclose or communicate that information pursuant to legal provisions in force in the member state in question , particularly in connection with legal proceedings .


### to facilitate mobility , to ensure the safety of navigation and the protection of human life , it is essential for deck crew members , persons in charge of emergency situations on board passenger vessels and persons involved in the bunkering of liquefied natural gas - fuelled vessels to hold certificates of qualification proving their qualifications . for efficient enforcement , they should carry such certificates while exercising their occupation . ### to facilitate mobility and to ensure the safety of navigation and the protection of human life and the environment , it is essential for deck crew members , regardless of whether they are on passenger or bunkering vessels , especially persons in charge of emergency situations on board passenger vessels and persons involved in the bunkering of vessels , to hold certificates of qualification proving their qualifications . additionally , certified qualifications will improve labour market opportunities and the recognition of qualifications . for efficient enforcement , they should carry such certificates while exercising their occupation .


### ‘ boatmaster’ means a deck crew member qualified to sail a vessel on the member states’ inland waterways and who has nautical responsibility for the vessel ; ### ‘ boatmaster’ means a deck crew member qualified to sail a vessel on the member states’ inland waterways and who has nautical responsibility for the vessel , the crew and the cargo ;


### ‘ boatmaster’ means a deck crew member qualified to sail a vessel on the member states’ inland waterways and who has nautical responsibility for the vessel ; ### ‘ boatmaster’ means a deck crew member qualified to sail a vessel on the member states’ inland waterways and who has full responsibility for the vessel , the crew and the cargo ;


### for reasons of cost - effectiveness , holding union certificates of qualification should not be made compulsory on national inland waterways not linked to the navigable network of another member state . ### in order to ensure safety of navigation , labour mobility cost - effectiveness and proportionality , member states may opt to make union certificates of qualification compulsory on national inland waterways not linked to the navigable network of another member state .


### if there is no exit record following the date of expiry of the authorised period of stay , the data shall be stored for a period of five years following the last day of the authorised stay . the ees shall automatically inform the member states three months in advance of the scheduled deletion of data on overstayers in order for them to adopt the appropriate measures . ### if there is no exit record following the date of expiry of the authorised period of stay , the data shall be stored for a period of one year following the last day of the authorised stay . the ees shall automatically inform the member states two months in advance of the scheduled deletion of data on overstayers in order for them to adopt the appropriate measures .


### carriers may use the secure internet access to the web service referred to in paragraph 1 to verify whether or not third country nationals holding a single or double entry visa have already used the visa . the carrier shall provide the data listed in article 14 . the web service shall on that basis provide the carriers with an ok / not ok answer . carriers may store the information sent and the answer received . ### carriers shall be informed whether or not third country nationals holding a single or double entry visa have already used the visa by an ok / not ok answer conveyed through the cusres message of an interactive api system . carriers may store the answer received .


### if a request for correction or deletion is made to a member state other than the member state responsible , the authorities of the member state to which the request has been made shall check the accuracy of the data and the lawfulness of the data processing in the ees within a time limit of one month if that check can be done without consulting the member state responsible . otherwise the member state other than the member state responsible shall contact the authorities of the member state responsible within a time limit of 14 days and the member state responsible shall check the accuracy of the data and the lawfulness of the data processing within a time limit of one month . ### if a request for correction or deletion is made to a member state other than the member state responsible , the authorities of the member state to which the request has been made shall check the accuracy of the data and the lawfulness of the data processing in the ees within a time limit of 14 days if that check can be done without consulting the member state responsible . otherwise the member state other than the member state responsible shall contact the authorities of the member state responsible within a time limit of seven days and the member state responsible shall check the accuracy of the data and the lawfulness of the data processing within a time limit of 14 days .


### if a request for correction or deletion is made to a member state other than the member state responsible , the authorities of the member state to which the request has been made shall check the accuracy of the data and the lawfulness of the data processing in the ees within a time limit of one month if that check can be done without consulting the member state responsible . otherwise the member state other than the member state responsible shall contact the authorities of the member state responsible within a time limit of 14 days and the member state responsible shall check the accuracy of the data and the lawfulness of the data processing within a time limit of one month . ### if a request for correction or deletion is made to a member state other than the member state responsible , the authorities of the member state to which the request has been made shall check the accuracy of the data and the lawfulness of the data processing in the ees within a time limit of 14 days if that check can be done without consulting the member state responsible . otherwise the member state other than the member state responsible shall contact the authorities of the member state responsible within a time limit of seven days and the member state responsible shall check the accuracy of the data and the lawfulness of the data processing within a time limit of 14 days . pending the amendments , no measure may be taken with regard to the person concerned on the basis of the contested information .


### each competent authority shall ensure that in using the ees , it does not discriminate against third country nationals on the grounds of sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation and that it fully respects human dignity and the integrity of the person . particular attention shall be paid to the specific situation of children , the elderly and persons with a disability . in particular , when retaining a child ' s data , the best interest of the child shall be a primary consideration . ### each competent authority shall ensure that in using the ees , it does not discriminate against third country nationals on the grounds of sex , race , colour , ethnic or social origin , genetic features , language , religion or belief , political or any other opinion , membership of a national minority , property , birth , disability , age or sexual orientation and that it fully respects human dignity and the integrity of the person . particular attention shall be paid to the specific situation of children , the elderly and persons with a disability . in particular , when retaining a child ' s data , the best interest of the child shall be a primary consideration .


### for the purpose of paragraph 1 , eu - lisa shall establish , implement and host a central repository in its technical sites containing the data referred to in paragraph 1 which would not allow for the identification of individuals and would allow the authorities listed in paragraph 1 to obtain customisable reports and statistics on the entries and exits , refusals of entry and overstay of third country nationals to improve the assessment of the risk of overstay , to enhance the efficiency of border checks , to help consulates processing the visa applications and to support evidence - based union migration policymaking . the repository shall also contain daily statistics on the data referred to in paragraph 4 . access to the central repository shall be granted by means of secured access through s - testa with control of access and specific user profiles solely for the purpose of reporting and statistics . ### for the purpose of paragraph 1 , eu - lisa shall establish , implement and host a central repository in its technical sites containing the data referred to in paragraph 1 which would not allow for the identification of individuals and would allow the authorities listed in paragraph 1 to obtain customisable reports and statistics on the entries and exits , refusals of entry and overstay of third country nationals , to enhance the efficiency of border checks , to help consulates processing the visa applications and to support evidence - based union migration policymaking . the repository shall also contain daily statistics on the data referred to in paragraph 4 . access to the central repository shall be granted by means of secured access through s - testa with control of access and specific user profiles solely for the purpose of reporting and statistics .


### border authorities shall verify , in accordance with article 21 , whether a previous individual file has been created in the ees for the third country national as well as their identity . where a third country national uses a self - service system for pre - enrolment of data or for the performance of border checks [ should this self - service system not be defined or explained ? ] , a verification may be carried out through the self service system . ### border authorities shall verify , in accordance with article 21 , whether a previous individual file has been created in the ees for the third country national as well as their identity . where a third country national uses a self - service system for pre - enrolment of data or for the performance of border checks , a verification may be carried out through the self service system .


### if a request for correction or deletion is made to a member state other than the member state responsible , the authorities of the member state to which the request has been made shall check the accuracy of the data and the lawfulness of the data processing in the ees within a time limit of one month if that check can be done without consulting the member state responsible . otherwise the member state other than the member state responsible shall contact the authorities of the member state responsible within a time limit of 14 days and the member state responsible shall check the accuracy of the data and the lawfulness of the data processing within a time limit of one month . ### if a request for correction or deletion is made to a member state other than the member state responsible , the authorities of the member state to which the request has been made shall check the accuracy of the data and the lawfulness of the data processing in the ees within a time limit of one month if that check can be done without consulting the member state responsible . otherwise the member state other than the member state responsible shall contact the authorities of the member state responsible within a time limit of 14 days and the member state responsible shall check the accuracy of the data and the lawfulness of the data processing within a time limit of 14 days .


### carriers may use the secure internet access to the web service referred to in paragraph 1 to verify whether or not third country nationals holding a single or double entry visa have already used the visa . the carrier shall provide the data listed in article 14 . the web service shall on that basis provide the carriers with an ok / not ok answer . carriers may store the information sent and the answer received . ### carriers shall be informed whether or not third country nationals wanting to use their transport services and holding a single or double entry visa have already used the visa by an ok / not ok answer conveyed through the cusres message of an interactive api system . carriers may store the answer received for the sole purpose of informing the respective third country nationals .


### the personal data stored in the ees should be kept for no longer than is necessary for the purposes of the ees . it is appropriate to keep the data related to third country nationals for a period of five years for border management purposes in order to avoid the need for third country nationals to re - enrol in the ees before that period has lapsed . for third country nationals who are family members of a union citizen to whom directive 2004 / 38 / ec27 applies or of a national of a third country enjoying the right of free movement under union law and who do not hold a residence card referred to under directive 2004 / 38 / ec , it is appropriate to store each coupled entry / exit record for a maximum period of one year after the last exit . _________________ 27 directive 2004 / 38 / ec of the european parliament and of the council of 29 april 2004 on the right of citizens of the union and their family members to move and reside freely within the territory of the member states amending regulation no 1612 / 68 and repealing directives 64 / 221 / eec , 68 / 360 / eec , 72 / 194 / eec , 73 / 148 / eec , 75 / 34 / eec , 75 / 35 / eec , 90 / 364 / eec , 90 / 365 / eec and 93 / 96 / eec . ### the personal data stored in the ees should be kept for no longer than is necessary for the purposes of the ees . it is appropriate to keep the data related to third country nationals for a very short period after exit .


### allow to identify and detect overstayers and enable competent national authorities of the member states to take appropriate measures including to increase the possibilities for return ### allow the identification and detection of overstayers and enable competent national authorities of the member states to take appropriate measures ;


### in order to ensure the effective and proportionate implementation of directive 96 / 71 / ec in the road transport sector , it is necessary to establish sector - specific rules reflecting the particularity of the highly mobile workforce in the road transport sector and providing a balance between the social protection of drivers and the freedom to provide cross - border services for operators . ### in order to ensure the effective and proportionate implementation of directive 96 / 71 / ec in the road transport sector , it is necessary to fundamentally step up enforcement .


### in order to create a safe , efficient and socially responsible road transport sector it is necessary to ensure adequate working conditions and social protection for drivers , on the one hand , and suitable business and fair competition conditions for operators , on the other . ### in order to create a safe , efficient and socially responsible road transport sector it is of utmost importance to ensure decent working conditions and social protection for drivers and fair competition as well as a level playing field in the union .


### member states may only impose the following administrative requirements and control measures : ### member states may in particular impose the following administrative requirements and control measures :


### remembrance activities and critical reflection on europe’s historical memory are necessary to make citizens aware of the common history , as the foundation for a common future , moral purpose and shared values . the relevance of historical , cultural and intercultural aspects should also be taken into account , as well as the links between remembrance and the creation of a european identity and sense of belonging together . ### remembrance activities and critical reflection on europe’s historical memory are necessary to make citizens aware of the common history , as the foundation for a common future and shared values . the relevance of historical , social , cultural and intercultural aspects should also be taken into account , as well as the links between remembrance and the creation of a european identity and sense of belonging together .


### strengthening citizen ' s awareness of european culture , history and remembrance as well as their sense of belonging to the union ; ### strengthening citizen ' s awareness of european culture , history and remembrance - oriented towards the future and not only the past - as well as their sense of belonging to the union ;


### in order to ensure efficient allocation of funds from the general budget of the union , it is necessary to ensure the european added value of all actions carried out , their complementarity to member states’ actions , while consistency , complementarity and synergies shall be sought with funding programmes supporting policy areas with close links to each other , in particular within the justice , rights and values fund — and thus with the justice programme — as well as with creative europe programme , and erasmus + to realise the potential of cultural crossovers in the fields of culture , media , arts , education and creativity . it is necessary to create synergies with other european funding programmes , in particular in the fields of employment , internal market , enterprise , youth , health , citizenship , justice , migration , security , research , innovation , technology , industry , cohesion , tourism , external relations , trade and development . ### in order to ensure efficient allocation of funds from the general budget of the union , it is necessary to ensure the european added value of all actions carried out , their complementarity to member states’ actions , while consistency , complementarity and synergies shall be sought with funding programmes supporting policy areas with close links to each other , in particular within the justice , rights and values fund — and thus with the justice programme — as well as with creative europe programme , and erasmus + to realise the potential of cultural crossovers in the fields of culture , media , arts , education and creativity . it is necessary to create synergies with other european funding programmes , in particular in the fields of employment , internal market , enterprise , youth , health , citizenship , justice , migration , security , research , innovation , technology , industry , cohesion , climate , tourism , external relations , trade and development .


### encouraging and facilitating active participation in the construction of a more democratic union as well as awareness of rights and values through support to civil society organisations ### encouraging and facilitating active participation , with particular attention to marginalised groups of society , in the construction of a more democratic union as well as awareness of rights and values through support to civil society organisations ;


### bringing together europeans of different nationalities and cultures by giving them the opportunity to participate in town - twinning activities ; ### bringing together citizens of different nationalities and cultures by giving them the opportunity to participate in town - twinning activities and small scale projects ;


### the work programme shall be adopted by the commission by means of an implementing act . that implementing act shall be adopted in accordance with the advisory procedure referred to in article 19 . ### the commission shall adopt delegated acts in accordance with article 16 complementing this regulation by establishing the work programmes and , as required , the multiannual priorities on which the work programmes are based . in drawing up its work programmes , the commission shall consult organisations representing civil society and organisations representing local and regional authorities .


### in order to bring the european union closer to its citizens , a variety of actions and coordinated efforts are necessary . bringing together citizens in town - twinning projects or networks of towns and supporting civil society organisations in the areas covered by the programme will contribute to increase citizens ' engagement in society and ultimately their involvement in the democratic life of the union . at the same time supporting activities promoting mutual understanding , diversity , dialogue and respect for others fosters a sense of belonging and a european identity , based on a shared understanding of european values , culture , history and heritage . the promotion of a greater sense of belonging to the union and of union values is particularly important amongst citizens of the eu outermost regions due to their remoteness and distance from continental europe . ### in order to bring the european union closer to its citizens , a variety of actions and coordinated efforts are necessary . bringing together citizens in town - twinning projects or networks of towns and supporting civil society organisations in the areas covered by the programme will contribute to increase citizens ' engagement in society and ultimately their involvement in the democratic life of the union . at the same time supporting activities promoting mutual understanding , diversity , dialogue , social inclusion and respect for others fosters a sense of belonging and a european identity , based on a shared understanding of european values , culture , history and heritage . the promotion of a greater sense of belonging to the union and of union values is particularly important amongst citizens of the eu outermost regions due to their remoteness and distance from continental europe .


### the work programme shall be adopted by the commission by means of an implementing act . that implementing act shall be adopted in accordance with the advisory procedure referred to in article 19 . ### the commission is empowered to adopt delegated acts in accordance with article 16 to supplement this regulation by establishing the appropriate work programme .


### developing the capacity of european networks to promote and further develop union law , policy goals and strategies as well as supporting civil society organisations active in the areas covered by the programme . ### developing the capacity of european networks through multiannual operating grants to promote and further develop union law , policy goals and strategies , supporting civil society organisations as well as local and regional authorities and heir representative associations active in the areas covered by the programme .


### the justice , rights and values fund and its two underlying funding programmes will focus primarily on people and entities , which contribute to make our common values , rights and rich diversity alive and vibrant . the ultimate objective is to nurture and sustain rights - based , equal , inclusive and democratic society . that includes a vibrant civil society , encouraging people ' s democratic , civic and social participation and fostering the rich diversity of european society , based on our common history and memory . article 11 of the treaty of the european union further specifies that the institutions shall , by appropriate means , give citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of union action . ### the justice , rights and values fund and its two underlying funding programmes will focus on people and entities , which contribute to make our common values , rights and rich diversity alive and vibrant . the ultimate objective is to nurture and sustain rights - based , equal , inclusive and democratic society , including a vibrant civil society . the activities financed should aim at encouraging people ' s democratic , civic and social participation and fostering the rich diversity of european society , based on our common values and history . article 11 of the treaty of the european union further specifies that the institutions shall maintain an open , transparent and regular dialogue with civil society and shall , by appropriate means , give citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of union action .


### ' paternity leave ' means leave from work for fathers to be taken on the occasion of the birth of a child ; ### ' paternity leave ' means paid leave from work for fathers or an equivalent second parent as defined in national law on the grounds of the birth or adoption of a child , to be taken around the occasion of the birth or adoption of a child within duration limits of the maternity leave ;


### equality between men and women is a fundamental principle of the union . according to article 3 of the treaty on european union the promotion of equality between women and men is one of the union ' s aims . similarly , article 23 of the charter of fundamental rights of the european union requires equality between women and men to be ensured in all areas , including employment , work and pay . ### equality between men and women is a fundamental principle of the union . according to article 3 of the treaty on european union , combatting social exclusion and discrimination , promoting social justice and protection , equality between women and men , solidarity between generations and protection of the rights of the child are aims of the union . similarly , article 23 of the charter of fundamental rights of the european union requires equality between women and men to be ensured in all areas , including employment , work and pay .


### in order to provide greater possibility for parents to use parental leave as their children grow up , the right to parental leave should be granted until the child is at least twelve years old . member states should be able to specify the period of notice to be given by the worker to the employer when applying for parental leave and to decide whether the right to parental leave may be subject to a certain period of service . in view of the growing diversity of contractual arrangements , the sum of successive fixed - term contracts with the same employer should be taken into account for the purpose of calculating the period of service . to balance the needs of workers with those of employers , member states should also be able to decide whether they define if the employer may be allowed to postpone the granting of parental leave under certain circumstances . in such cases , the employer should provide justification for the postponement . given that flexibility makes it more likely that second parents , in particular fathers , will take up their entitlement to such leave , workers should be able to request to take parental leave on a full - time or part - time basis or in other flexible forms . it should be up to the employer whether or not to accept such a request for parental leave in other flexible forms than full - time . member states should also assess if the conditions and detailed arrangements of parental leave should be adapted to the specific needs of parents in particularly disadvantaged situations . ### in order to ensure that parents use parental leave as their children grow up , the right to parental leave should be granted until the child is at least twelve years old . member states should be able to specify the period of notice to be given by the worker to the employer when applying for parental leave . to balance the needs of workers with those of employers , member states should also be able to decide whether they define if the employer may be allowed to postpone the granting of parental leave under objective and justified circumstances in accordance with national law and collective agreements . in such cases , the employer may be allowed to postpone once and for a maximum period of three months and should provide a reasonable and justified justification for the postponement in writing . given that employee - oriented adaptable working arrangements makes it more likely that second parents , in particular fathers , will take up their entitlement to such leave , workers should be able to request to take parental leave on a full - time or in other employee - oriented working arrangement forms . it should be up to national law and collective agreements to define the conditions for taking parental leave in other arrangements than full - time . member states should also assess if the conditions and detailed arrangements of parental leave should be adapted to the specific needs of parents in particularly challenging situations including with regard to children with disabilities , mental health problems , serious medical conditions or illness .


### to increase the incentives for workers with children and caring responsibilities , men in particular , to take the periods of leave provided for in this directive , they should have the right to an adequate allowance while on leave . the level of the allowance should be at least equivalent to what the worker concerned would receive in case of sick leave . member states should take into account the importance of the continuity of the entitlements to social security , including healthcare . ### to increase the incentives for workers with children and caring responsibilities , men in particular , to take the periods of leave provided for in this directive , they should have the right to fully paid while on leave . the level of the allowance should be equal to the wage of the worker concerned . member states should take into account the importance of the continuity of the entitlements to social security , including healthcare and pension schemes .


### member states shall take the necessary measures to ensure that fathers have the right to take paternity leave of at least ten working days on the occasion of the birth of a child . ### member states shall take the necessary measures to ensure that the second parent has the right to take mandatory paid paternity leave of at least fourteen working days on the occasion of the birth or adoption of a child , or at least fifteen days in the event of multiple births or adoptions .


### member states shall assess the need for the conditions of access and detailed arrangements for the application of parental leave to be adapted to the needs of adoptive parents , parents having a disability and parents with children with a disability or long - term illness . ### member states shall assess the need for arrangements needed to make sure the application of parental leave is adapted to the needs of adoptive parents , disabled parents , parents with mental health problems , parents of children with a disability , a long - term illness or mental health problems .


### in order to encourage a more equal sharing of caring responsibilities between women and men , the right to paternity leave for fathers to be taken on the occasion of the birth of a child should be introduced . in order to take account of differences among member states , the right to paternity leave should be irrespective of marital or family status as defined in national law . ### in order to encourage a more equal sharing of caring responsibilities between women and men , the right to paid paternity leave for fathers or an equivalent second parent as defined in national law to be taken around the occasion of the birth or adoption of a child and within duration limits of the maternity leave should be introduced . in order to take account of differences among member states , the right to paternity leave should be irrespective of marital or family status as defined in national law .


### member states shall assess the need for the conditions of access and detailed arrangements for the application of parental leave to be adapted to the needs of adoptive parents , parents having a disability and parents with children with a disability or long - term illness . ### member states shall assess the need for arrangements needed to make sure the application of parental leave is adapted to the needs of adoptive parents , parents with a disability , parents with mental health problems and parents with children with a disability , a long - term illness or mental health problems .


### equality between men and women is a fundamental principle of the union . according to article 3 of the treaty on european union the promotion of equality between women and men is one of the union ' s aims . similarly , article 23 of the charter of fundamental rights of the european union requires equality between women and men to be ensured in all areas , including employment , work and pay . ### gender equality is a fundamental principle of the union . according to article 3 of the treaty on european union , combatting social exclusion and discrimination , promoting social justice and protection , equality between women and men , solidarity between generations and protection of the rights of the child are aims of the union . similarly , under title iii of the charter of fundamental rights of the european union everyone is equal before the law and moreover articles 21 and 23 prohibits discrimination and requires equality to be ensured in all areas , including employment , work and pay .


### employers shall consider and respond to requests for flexible working arrangements referred to in paragraph 1 , taking into account the needs of both employers and workers . employers shall justify any refusal of such a request . ### employers shall consider and respond in writing to requests for flexible working arrangements referred to in paragraph 1 , taking into account the needs of both employers and workers , in particular in micro businesses . employers shall justify any refusal of such a request while providing options for alternative arrangements .


### ' relative ' means a worker ' s son , daughter , mother , father , spouse or partner in civil partnership , where such partnerships are envisaged by national law ; ### ' relative ' means at least a worker ' s first - degree relatives and second - degree relatives , spouse or partner in civil partnership , where such partnerships are envisaged by national law as well as step - siblings , step - and foster children both in the own and in the spouse’s or partner’s family and children under legal guardianship ;


### ' paternity leave ' means leave from work for fathers to be taken on the occasion of the birth of a child ; ### ' paternity leave ' means paid leave from work for fathers or an equivalent second parent as defined in national law to be taken on the occasion of the birth or adoption of a child ;


### when flexible working arrangements referred to in paragraph 1 are limited in duration , the worker shall have the right to return to the original working pattern at the end of the agreed period . the worker shall also have the right to request to return to the original working pattern whenever a change of circumstances so justifies . employers shall be obliged to consider and respond to such requests , taking into account the needs of both employers and workers . ### when flexible working arrangements referred to in paragraph 1 are limited in duration , the worker shall have the right to return to the original working pattern at the end of the agreed period . provision shall also be made for a transitional protection period following the worker’s return to work in order to allow the worker an easier and more effective reintegration into professional life , bearing in mind that , during that protection period , the use of new technologies could help workers to move more quickly towards resuming work in a lasting , more agile manner , while updating their skills . the worker shall have the right to request to return to the original working pattern at the same level of employment . employers shall justify in writing any refusal of such a request .


### with a view to further improving the level of protection of rights provided for in this directive , national equality bodies should also be competent in the areas covered in this directive . ### with a view to further improving the level of protection of rights provided for in this directive , national equality and child rights bodies should also be competent in the areas covered in this directive .


### when flexible working arrangements referred to in paragraph 1 are limited in duration , the worker shall have the right to return to the original working pattern at the end of the agreed period . the worker shall also have the right to request to return to the original working pattern whenever a change of circumstances so justifies . employers shall be obliged to consider and respond to such requests , taking into account the needs of both employers and workers . ### when flexible working arrangements referred to in paragraph 1 are limited in duration , the worker shall have the right to return to the original working pattern at the end of the agreed period . the worker shall also have the right to request to return to the original working pattern whenever a change of circumstances so justifies . employers shall be obliged to consider and respond in writing to such requests , taking into account the needs of both employers and workers .


### work - life balance remains however a considerable challenge for many parents and workers with caring responsibilities , with a negative impact on female employment . a major factor contributing to the underrepresentation of women in the labour market is the difficulty of balancing work and family obligations . when they have children , women tend to work less hours in paid employment and spend more time fulfilling unpaid care responsibilities . having an ill or dependent relative has also been shown to have a negative impact on female employment , leading some women to drop out of the labour market entirely . ### work - life balance remains however a considerable challenge for many parents and workers with caring responsibilities , with a negative impact on female employment . a major factor contributing to the underrepresentation of women in the labour market is the difficulty of balancing work and family obligations . when they have children , women tend to work less hours in paid employment and spend more time fulfilling unpaid care responsibilities . having a relative or dependant with care or support needs has also been shown to have a negative impact on female employment , leading some women to drop out of the labour market entirely , with consequential harmful repercussions on their social security entitlements , in particular pensions , and an increased risk of poverty and social exclusion , especially during old age .


### member states shall take the necessary measures to ensure that workers have the right to request parental leave also on a part - time basis , in blocks separated by periods of work or in other flexible forms . employers shall consider and respond to such requests , taking into account the needs of both employers and workers . employers shall justify any refusal of such a request in writing . ### member states shall take the necessary measures to ensure that workers have the right to demand parental leave also on a part - time basis , in blocks separated by periods of work or in other flexible forms . employers shall , in accordance with national law and collective agreements and / or practice , consider and respond to such requests , taking into account the needs of both employers and workers . employers shall justify any refusal of such a request and set out the grounds in writing .


### ' relative ' means a worker ' s son , daughter , mother , father , spouse or partner in civil partnership , where such partnerships are envisaged by national law ; ### ' relative ' means at least a worker ' s son , daughter , mother , father , sibling , step children , foster children , grandchildren , grandparents , legal guardian or ward , spouse or partner in civil partnership , where such partnerships are envisaged by national law ;


### workers exercising their rights to take leave or to request flexible working arrangements provided for in this directive should enjoy protection from dismissal and any preparations for a possible dismissal on the grounds that they applied for , or have taken such leave or have exercised the right to request such flexible working arrangements . where workers consider that they have been dismissed on those grounds , they should be able to ask the employer to provide duly substantiated grounds for the dismissal . ### workers exercising their rights to take leave or to request flexible working arrangements provided for in this directive should enjoy protection from dismissal and any preparations for a possible dismissal on the grounds that they applied for , or have taken such leave or have exercised the right to request such flexible working arrangements . where workers consider that they have been dismissed on those grounds , they should be able to ask the employer to provide duly substantiated grounds for the dismissal in writing .


### the current union legal framework provides limited incentives for men to assume an equal share of caring responsibilities . lack of paid paternity and parental leave in many member states contributes to the low take - up of such leave by fathers . the imbalance in the design of work - life balance policies between women and men reinforces gender differences between work and care . conversely , use of work - life balance arrangements by fathers , such as leave or flexible working arrangements , has been shown to have a positive impact in reducing the relative amount of unpaid family work undertaken by women and leaving them more time for paid employment . ### the current union legal framework provides limited incentives for men to assume an equal share of caring responsibilities . transferability of parental leave and lack of fully paid paternity and parental leave in many member states contributes to the low take - up of such leave by fathers . the imbalance in the design of work - life balance policies between women and men reinforces gender stereotypes and differences between work and care . conversely , use of work - life balance arrangements by fathers , such as leave or employee - oriented adaptable working arrangements , has been shown to have a positive impact in reducing the relative amount of unpaid family work undertaken by women and leaving them more time for paid employment . furthermore , researches1a shows that take - up rates among parents depend on many intertwined factors . such factors include : information about the type of leave available ; b ) leave compensation and pay disparities ; c ) availability of childcare facilities ; d ) prevailing family organisation models ; e ) and the extent to which workers fear isolation from the labour market when taking leave . __________________ 1a eurofound promoting uptake of parental and paternity leave among fathers in the european union and the gender employment gap : challenges and solutions .


### in order to provide greater possibility for parents to use parental leave as their children grow up , the right to parental leave should be granted until the child is at least twelve years old . member states should be able to specify the period of notice to be given by the worker to the employer when applying for parental leave and to decide whether the right to parental leave may be subject to a certain period of service . in view of the growing diversity of contractual arrangements , the sum of successive fixed - term contracts with the same employer should be taken into account for the purpose of calculating the period of service . to balance the needs of workers with those of employers , member states should also be able to decide whether they define if the employer may be allowed to postpone the granting of parental leave under certain circumstances . in such cases , the employer should provide justification for the postponement . given that flexibility makes it more likely that second parents , in particular fathers , will take up their entitlement to such leave , workers should be able to request to take parental leave on a full - time or part - time basis or in other flexible forms . it should be up to the employer whether or not to accept such a request for parental leave in other flexible forms than full - time . member states should also assess if the conditions and detailed arrangements of parental leave should be adapted to the specific needs of parents in particularly disadvantaged situations . ### in order to ensure that parents use parental leave as their children grow up , the right to parental leave should be granted until the child is at least twelve years old . member states should be able to specify the period of notice to be given by the worker to the employer when applying for parental leave . to balance the needs of workers with those of employers , member states should also be able to decide whether they define if the employer may be allowed to postpone the granting of parental leave under certain circumstances . in such cases , the employer should be allowed only to postpone twice and only for a maximum period of six months , and should provide a reasonable and objective justification for the postponement in writing . given that flexibility makes it more likely that second parents , in particular fathers , will take up their entitlement to such leave , workers should be able to request to take parental leave on a full - time or part - time basis or in other flexible forms . it should be up to national law and collective agreements to define the conditions for taking parental leave in other flexible forms than full - time . member states should also assess if the conditions and detailed arrangements of parental leave should be adapted to the specific needs of parents in particularly challenging situations , including with regard to children with a disability , mental health problems or serious medical conditions or illness .


### member states shall take the necessary measures to ensure that fathers have the right to take paternity leave of at least ten working days on the occasion of the birth of a child . ### member states shall take the necessary measures to ensure that fathers or the equivalent second parents as defined in national law have the right to take paternity leave of at least ten working days around the occasion of the birth or adoption of a child , within duration limits of the maternity leave .


### work - life balance policies should contribute to the achievement of gender equality by promoting the participation of women in the labour market , making it easier for men to share caring responsibilities on an equal basis with women , and closing gender gaps in earnings and pay . such policies should take into account demographic changes including the effects of an ageing population . ### work - life balance policies should contribute to the achievement of gender equality by promoting the participation of women in the labour market , encouraging and making it easier for men to share caring responsibilities on an equal basis with women , and closing gender gaps in earnings , pay and pension . such policies should take into account demographic changes including the effects of an ageing population . moreover , they should also contribute to tackling the stereotypes ascribed to gender roles .


### in order to provide greater possibility for parents to use parental leave as their children grow up , the right to parental leave should be granted until the child is at least twelve years old . member states should be able to specify the period of notice to be given by the worker to the employer when applying for parental leave and to decide whether the right to parental leave may be subject to a certain period of service . in view of the growing diversity of contractual arrangements , the sum of successive fixed - term contracts with the same employer should be taken into account for the purpose of calculating the period of service . to balance the needs of workers with those of employers , member states should also be able to decide whether they define if the employer may be allowed to postpone the granting of parental leave under certain circumstances . in such cases , the employer should provide justification for the postponement . given that flexibility makes it more likely that second parents , in particular fathers , will take up their entitlement to such leave , workers should be able to request to take parental leave on a full - time or part - time basis or in other flexible forms . it should be up to the employer whether or not to accept such a request for parental leave in other flexible forms than full - time . member states should also assess if the conditions and detailed arrangements of parental leave should be adapted to the specific needs of parents in particularly disadvantaged situations . ### in order to provide greater possibility for parents to use parental leave as their children grow up , the right to parental leave should be granted until the child is at least thirteen years old . member states should be able to specify the period of notice to be given by the worker to the employer when applying for parental leave . to balance the needs of workers with those of employers , member states should also be able to decide whether they define if the employer may be allowed to postpone the granting of parental leave under certain circumstances . in such cases , the employer should provide justification in writing for the postponement . given that flexibility makes it more likely that second parents , in particular fathers , will take up their entitlement to such leave , workers should be able to request to take parental leave on a full - time or part - time basis or in other flexible forms . it should be up to the employer whether or not to accept such a request for parental leave in other flexible forms than full - time . member states should also assess if the conditions and detailed arrangements of parental leave should be adapted to the specific needs of parents in particularly disadvantaged situations .


### member states shall assess the need for the conditions of access and detailed arrangements for the application of parental leave to be adapted to the needs of adoptive parents , parents having a disability and parents with children with a disability or long - term illness . ### member states shall assess the need for arrangements needed to make sure the application of parental leave is adapted to the needs of adoptive parents , disabled parents , parents with mental health problems , parents of children with a disability , a long - term illness or mental health problems .


### in order to provide greater opportunities to remain in the work force for men and women carrying of elderly family member and / or other relatives in need of care , workers with a seriously ill or dependant relative should have the right to take time off from work in the form of carers ' leave to take care of that relative . to prevent abuse of that right , proof of the serious illness or dependency may be required prior to granting of the leave . ### in order to provide greater opportunities to remain in the work force for women and men carrying of elderly family member and / or other relatives or dependants in need of care or support due to old age , a serious medical reason , a chronic illness , a disability , a mental health problem or another impairment , should have the right to take time off from work in the form of carers ' leave to take care of that person . to prevent abuse of that right , proof of the need of care or support may be required , while protecting at all times the privacy and personal data of both the worker and the person in need of care .


### “parental leave” means leave from work on the grounds of the birth or adoption of a child to take care of that child ; ### “parental leave” means paid leave from work on the grounds of the birth or adoption of a child to take care of that child ;


### in order to provide greater possibility for parents to use parental leave as their children grow up , the right to parental leave should be granted until the child is at least twelve years old . member states should be able to specify the period of notice to be given by the worker to the employer when applying for parental leave and to decide whether the right to parental leave may be subject to a certain period of service . in view of the growing diversity of contractual arrangements , the sum of successive fixed - term contracts with the same employer should be taken into account for the purpose of calculating the period of service . to balance the needs of workers with those of employers , member states should also be able to decide whether they define if the employer may be allowed to postpone the granting of parental leave under certain circumstances . in such cases , the employer should provide justification for the postponement . given that flexibility makes it more likely that second parents , in particular fathers , will take up their entitlement to such leave , workers should be able to request to take parental leave on a full - time or part - time basis or in other flexible forms . it should be up to the employer whether or not to accept such a request for parental leave in other flexible forms than full - time . member states should also assess if the conditions and detailed arrangements of parental leave should be adapted to the specific needs of parents in particularly disadvantaged situations . ### in order to provide greater possibility for parents to use parental leave as their children grow up , the right to parental leave should be granted until the child is at least twelve years old . member states should be able to specify a reasonable period of notice to be given by the worker to the employer when applying for parental leave . to balance the needs of workers with those of employers , member states should also be able to decide whether they define if the employer may be allowed to postpone the granting of parental leave under certain circumstances . in such cases , the employer should provide justification for the postponement in writing . given that flexibility makes it more likely that second parents , in particular fathers , will take up their entitlement to such leave , workers should be able to request to take parental leave on a full - time or part - time basis or in other flexible forms . it should be up to the employer whether or not to accept such a request for parental leave in other flexible forms than full - time . member states should also assess if the conditions and detailed arrangements of parental leave should be adapted to the needs of parents in specific situations , in particular with regard to children with disabilities , mental health problems , serious medical conditions or illness , in accordance with their national law and practice .


### on the basis of the information provided by member states pursuant to paragraph 1 , the commission shall submit to the european parliament and the council a report in which it reviews the application of this directive , accompanied , if appropriate , by a legislative proposal . ### on the basis of the information provided by member states pursuant to paragraph 1 and the assessment pursuant to paragraph 1a , the commission shall submit to the european parliament and the council a report in which it reviews the application of this directive , accompanied , if appropriate , by a legislative proposal .


### member states shall take the necessary measures to ensure that workers have the right to request parental leave also on a part - time basis , in blocks separated by periods of work or in other flexible forms . employers shall consider and respond to such requests , taking into account the needs of both employers and workers . employers shall justify any refusal of such a request in writing . ### member states shall take the necessary measures to ensure that workers have the right to demand parental leave also on a part - time basis , in blocks separated by periods of work or in other adaptable to their needs forms . employers , acting in accordance with the national legislation and collective agreements , shall consider and respond to such requests , taking into account the needs of both employers and workers . employers shall justify any refusal of such a request and set out the grounds in writing .


### the erdf , the esf + and the emff may support community - led local development . ### the erdf , the esf + and the emff should support community - led local development and allocate at least 15&#160 ; % of their funds to it .


### in order to further develop a coordinated and harmonised implementation of union funds implemented under shared management namely the european regional development fund , the european social fund plus , the cohesion fund , measures financed under shared management in the european maritime and fisheries fund , the asylum and migration fund , internal security fund and integrated border management fund , financial rules based on article 322 of the tfeu should be established for all these funds , clearly specifying the scope of application of the relevant provisions . in addition , common provisions based on article 177 of the tfeu should be established to cover policy specific rules for the erdf , the esf + , the cohesion fund and the emff . ### in order to further develop a coordinated and harmonised implementation of union funds implemented under shared management namely the european regional development fund , the european social fund plus , the cohesion fund , the european agricultural fund for rural development , measures financed under shared management in the european maritime and fisheries fund , the asylum and migration fund , internal security fund and integrated border management fund , financial rules based on article 322 of the tfeu should be established for all these funds , clearly specifying the scope of application of the relevant provisions . in addition , common provisions based on article 177 of the tfeu should be established to cover policy specific rules for the erdf , the esf + , the cohesion fund and the emff .


### in view of their common goal to preserve the integrity of the union budget , the office and the eppo should establish and maintain a close relationship based on sincere cooperation and aimed at ensuring the complementarity of their respective mandates and coordination of their action , in particular as regards the scope of the enhanced cooperation for the establishment on the eppo . ultimately , the relationship should contribute to ensuring that all means are used to protect the financial interests of the union and avoiding unnecessary duplication of efforts . ### in view of their common goal to preserve the integrity of the union budget , the office and the eppo should establish and maintain a close relationship based on sincere cooperation and aimed at ensuring the complementarity of their respective mandates and coordination of their action , in particular as regards the scope of the enhanced cooperation for the establishment on the eppo . ultimately , the relationship should contribute to ensuring that all means are used to protect the financial interests of the union and avoiding unnecessary duplication of efforts . to foster good cooperation , the eppo and the office should meet on a regular basis , in particular to discuss ongoing investigations , and identify trends and possible links between different cases


### members of the european border and coast guard teams , as well as teams of staff involved in return - related tasks are entitled by regulation 2016 / 1624 of the european parliament and the council to consult european databases where necessary for fulfilling operational tasks specified in the operational plan on border checks , border surveillance and return , under the authority of the host member state . for the purpose of facilitating that consultation and enabling the teams an effective access to the data entered in vis , the ecbga should be given access to vis . such access should follow the conditions and limitations of access applicable to the member states ' authorities competent under each specific purpose for which vis data can be consulted . ### members of the european border and coast guard teams are entitled by regulation 2016 / 1624 of the european parliament and the council to consult european databases where necessary for fulfilling operational tasks specified in the operational plan on border checks and border surveillance , under the authority of the host member state . for the purpose of facilitating that consultation and enabling the teams an effective access to the data entered in vis , the ecbga should be given access to vis . such access should follow the conditions and limitations of access applicable to the member states ' authorities competent under each specific purpose for which vis data can be consulted .


### in order to fulfil their obligation under the convention implementing the schengen agreement , international carriers should be able to verify whether or not third country nationals holding a short - stay visa , a long stay visa or a residence permit are in possession of the required valid travel documents . this verification should be made possible through the daily extraction of vis data into a separate read - only database allowing the extraction of a minimum necessary subset of data to enable a query leading to an ok / not ok answer . ### in order to fulfil their obligation under the convention implementing the schengen agreement , international carriers should be able to verify whether or not third country nationals holding a short - stay visa or a long stay visa are in possession of the required valid travel documents . this verification should be made possible through the daily extraction of vis data into a separate read - only database allowing the extraction of a minimum necessary subset of data to enable a query leading to an ok / not ok answer .


### each competent authority shall ensure that in using the vis , it does not discriminate against applicants and visa holders on grounds of sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation and that it fully respects the human dignity and the integrity of the applicant or of the visa holder . ### in article 7 paragraph 2 is replaced by the following : ' 2 . processing of personal data within the vis by any user shall not result in discrimination on the grounds of sex , race , colour , ethnic or social origin , genetic features , language , religion or belief , political or any other opinion , membership of a national minority , property , birth , disability , age or sexual orientation . it shall fully respect human dignity and integrity and fundamental rights , including the right to respect for one’s private life and to the protection of personal data . particular attention shall be paid to children , the elderly and persons with a disability . '


### every log of data processing operations within the vis by a member of the european border and coast guard teams or teams of staff involved in return - related tasks shall be kept by the management authority in accordance with the provisions of article 34 . ### every log of data processing operations within the vis by a member of the european border and coast guard teams shall be kept by the management authority in accordance with the provisions of article 34 .


### the assessement of such risks cannot be carried out without processing the personal data related to the person ' s identity , travel document , and , as the case may be , sponsor or , if the applicant is minor , identity of the responsible person . each item of personal data in the applications should be compared with the data present in a record , file or alert registered in an information system , the visa information system , the europol data , the interpol stolen and lost travel document database , the entry / exit system , the eurodac , the ecris - tcn system as far as convictions related to terrorist offences or other forms of serious criminal offences are concerned and / or the interpol travel documents associated with notices database ) or against the watchlists , or against specific risk indicators . the categories of personal data that should be used for comparison should be limited to the categories of data present in the queried information systems , the watchlist or the specific risk indicators . ### the assessment of such risks cannot be carried out without processing the personal data related to the person ' s identity , travel document , and , as the case may be , sponsor or , if the applicant is minor , identity of the responsible person . each item of personal data in the applications should be compared with the data present in a record , file or alert registered in an information system , the visa information system , the europol data , the interpol stolen and lost travel document database , the entry / exit system , the eurodac , the ecris - tcn system as far as convictions related to terrorist offences or other forms of serious criminal offences are concerned and / or the interpol travel documents associated with notices database ) . the categories of personal data that should be used for comparison should be limited to the categories of data present in the queried information systems , the watchlist or the specific risk indicators .


### for the sole purpose of verifying the identity of the holder and the authenticity and the validity of the long - stay visa or residence permit or whether the person is not a threat to public policy , internal security or public health of any of the member states , the authorities competent for carrying out checks within the territory of the member states as to whether the conditions for entry to , stay or residence on the territory of the member states are fulfilled and , as applicable , police authorities , shall have access to search using the number of the long - stay visa or residence permit in combination with one or several of the data in article 22c , and . ### for the sole purpose of verifying the identity of the holder and the authenticity and the validity of the long - stay visa or residence permit , the authorities competent for carrying out checks within the territory of the member states as to whether the conditions for entry to , stay or residence on the territory of the member states are fulfilled and , as applicable , shall have access to search using the number of the long - stay visa or residence permit in combination with one or several of the data in article 22c , and .


### in accordance with article 40 of regulation 2016 / 1624 , members of the teams , as well as teams of staff involved in return - related tasks may only act in response to information obtained from the vis under instructions from and , as a general rule , in the presence of border guards or staff involved in return - related tasks of the host member state in which they are operating . the host member state may authorise members of the teams to act on its behalf . ### in accordance with article 40 of regulation 2016 / 1624 , members of the teams may only act in response to information obtained from the vis under instructions from and , as a general rule , in the presence of border guards of the host member state in which they are operating . the host member state may authorise members of the teams to act on its behalf .


### this directive applies to natural persons suspected or accused in criminal proceedings until the final conclusion of those proceedings . ### this directive applies to natural and legal persons , regardless of their nationality , place of residence or place of registration or incorporation , suspected or accused in criminal proceedings and similar administrative proceedings leading to comparable sanctions of a punitive and deterrent nature until the final conclusion of those proceedings .


### member states may provide for a possibility under which the trial court may decide on the guilt in the absence of the suspect or the accused person , provided that the suspect or accused person : in due time : either was summoned in person and thereby informed of the scheduled date and place of the trial , or by other means actually received official information of the scheduled date and place of that trial in such a manner that it was unequivocally established that he or she was aware of the scheduled trial ; and was informed that a decision may be handed down if he or she does not appear for the trial ; or being aware of the scheduled trial , had given a mandate to a legal counsellor , who was either appointed by the person concerned or by the state , to defend him or her at the trial , and was indeed defended by that counsellor at the trial . ### member states may provide for a possibility under which the trial court may decide on the guilt in the absence of the suspect or the accused person , provided that the suspect or accused person : in due time : was summoned in person and thereby clearly and unequivocally informed of the scheduled date and place of the trial ; and ii ) was informed that a decision may be handed down if he or she does not appear for the trial ; and b ) being aware of the scheduled trial , had given a mandate to a legal counsellor , who was either appointed by the person concerned or by the state , to defend him or her at the trial , and was indeed defended by that counsellor at the trial .


### by establishing minimum rules on the protection of procedural rights of suspects or accused persons , this directive should strengthen the trust of member states in the criminal justice systems of other member states and can thus help to facilitate mutual recognition of decisions in criminal matters . such common minimum rules should also remove obstacles to the free movement of citizens throughout the territory of the member states . ### pursuant to article 82 of the treaty on the functioning of the european union , ' judicial cooperation in criminal matters in the union shall be based on the principle of mutual recognition of judgments and judicial decisions . . . ' while mutual recognition of decisions in criminal matters presupposes trust in each other ' s criminal justice system by the member states . the principle of mutual recognition of sentences and other decisions of judicial authorities is the cornerstone of judicial cooperation in civil and criminal matters within the union . by establishing minimum rules on the protection of procedural rights of suspects or accused persons , this directive seeks to strengthen the trust of member states in the criminal justice systems of other member states and can thus help to facilitate mutual recognition of decisions in criminal matters . such common minimum rules could have an impact on removing obstacles to the free movement of citizens throughout the territory of the member states .


### the principle of effectiveness of union law requires that member states put in place adequate and effective remedies in the event of a breach of a right conferred upon individuals by union law . an effective remedy available in the event of a breach of any of the principles laid down in this directive should have , as far as possible , the effect of placing the suspects or accused persons in the same position in which they would have found themselves had the breach not occurred . ### the principle of effectiveness of union law requires that member states put in place adequate and effective remedies in the event of a breach of a right conferred upon individuals by union law . an effective remedy available in the event of a breach of any of the principles laid down in this directive should both consist of an appropriate mechanism of compensation for damages and have the effect of placing the suspects or accused persons in the same position in which they would have found themselves had the breach not occurred .


### the remedy shall have , as far as possible , the effect of placing suspects or accused persons in the same position in which they would have found themselves had the breach not occurred , with a view to preserving the right to a fair trial and the right to defence . ### the remedy shall both consist of an appropriate mechanism of compensation for damages and the effect of placing suspects or accused persons in the same position in which they would have found themselves had the breach not occurred , with a view to preserving the right to a fair trial and the right to defence .


### member states shall ensure that where the suspects or accused persons were not present at the trial referred to in article 8 and the conditions laid down in article 8 and are not met , the person concerned has the right to a new trial at which they have the right to be present and which allows a fresh determination of the merits of the case , including examination of new evidence , and which may lead to the original decision to be reversed . ### member states shall ensure that where the suspects or accused persons were not present at the trial referred to in article 8 and the conditions laid down in article 8 and are not met , the person concerned has the right to a new trial meeting at least all the requirements of article 6 of the echr and any directives adopted under article 82 tfeu , at which they have the right to be present and which allows a fresh determination of the merits of the case , including confrontation or evidence which served as the basis for the initial determination , cross - examination of witnesses and examination of new evidence , and which may lead to the original decision to be reversed .


### however , the right of the accused person to be present at the trial is not absolute . under certain conditions the accused person may , expressly or tacitly but unequivocally , waive that right . ### however , the right of the accused person to be present at the trial is not absolute . under certain conditions the accused person may , expressly and unequivocally , waive that right .


### member states may provide for a possibility under which the trial court may decide on the guilt in the absence of the suspect or the accused person , provided that the suspect or accused person : ### member states may provide for a possibility under which the trial court may decide on the guilt in the absence of the suspect or the accused person , only if the offence which gave rise to the proceedings is punishable by a fine , and under no circumstances if the offence is punishable by a term of imprisonment , provided that the suspect or accused person :


### this directive applies to natural persons suspected or accused in criminal proceedings until the final conclusion of those proceedings . ### this directive applies to natural persons suspected or accused at every stage of the criminal proceedings , irrespective of their nationality or place of residence , even before being informed by the member state authorities , through official notification or any other means of the fact that they are suspected or accused of having committed an offence , and until the proceedings are finally concluded , either definitively by the criminal investigation authorities or with the handing down of a final and unappealable judicial finding of innocence or guilt . this directive shall also apply to proceedings brought by the european public prosecutor ' s office referred to in article 86 of the treaty on the functioning of the european union .


### the right referred to in paragraph 1 shall not extend to the use in criminal proceedings of material which may be obtained from the suspects or accused persons through the use of lawful compulsory powers but which has an existence independent of the will of the suspects or accused persons . ### the right referred to in paragraph 1 shall not extend to the use in criminal proceedings of the following material , provided that it is obtained from the suspects or accused persons by lawful means , without the use of non - accepted intrusive medical procedures : material acquired pursuant to a warrant ; material in respect of which there is a legal obligation of retention and production on request ; breath , blood and urine samples and bodily tissue for the purpose of dna testing .


### any evidence obtained in breach of this article shall not be admissible , unless the use of such evidence would not prejudice the overall fairness of the proceedings . ### any evidence obtained in breach of this article shall not be admissible .


### member states shall ensure that the burden of proof in establishing the guilt of suspects or accused persons is on the prosecution . this is without prejudice to any ex officio fact finding powers of the trial court . ### member states shall ensure that the burden of proof in establishing the guilt of suspects or accused persons is on the prosecution . this is without prejudice to any ex officio fact finding powers of the trial court and to the right of the defence to present evidence in accordance with the applicable national rules , including the opportunity to submit evidence for the defence or to conduct investigations for the defence . . member states shall also ensure that suspects or accused persons have the benefit of any doubt as to their guilt .


### the presumption of innocence is violated if , without the accused’s having previously been proved guilty according to law , a judicial decision or a public statement by judicial or other public authorities presents the suspects or accused persons as if they were convicted . ### the presumption of innocence is violated if , without the accused ' s having been proved guilty according to law , a judicial decision , a public statement or other act by judicial or other public authorities or public officials presents the suspects or accused persons as if they were convicted .


### this directive should apply only to criminal proceedings . administrative proceedings leading to sanctions such as competition , trade , tax , financial services proceedings and other investigations by administrative authorities in relation to these proceedings , and also civil proceedings are not covered by this directive . ### this directive should apply only to criminal proceedings and similar administrative proceedings leading to comparable sanctions of a punitive and deterrent nature administrative proceedings leading to sanctions of a non - punitive nature and investigations by administrative authorities in relation to these proceedings , and also civil proceedings are not covered by this directive .


### member states shall ensure that , before a final conviction , public statements and official decisions from public authorities do not refer to the suspects or accused persons as if they were convicted . ### member states shall ensure that , before a final conviction or after a final acquittal , public statements , official decisions and other acts by public authorities or public officials do not refer to the suspects or accused persons as if they were convicted . in particular , any statements should not be of such a nature as to serve to encourage the public to believe the person is guilty and to prejudge assessment of the facts by the competent judiciary authority . member states shall ensure that appropriate measures are taken in the event of a breach of that requirement , such as a retrial and compensation .


### this directive should apply to natural persons who are suspected or accused of having committed a criminal offence . it should apply at any stage of the proceedings , even before those persons are made aware by the competent authorities of a member state , by official notification or otherwise , that they are suspected or accused of having committed a criminal offence , until the conclusion of such proceedings . ### this directive should apply to natural and legal persons who are suspected or accused of having committed a criminal offence . it should apply at any stage of the proceedings , even before those persons are made aware by the competent authorities of a member state , by official notification or otherwise , that they are suspected or accused of having committed a criminal offence , until the conclusion of such proceedings .


### member states shall ensure that where the trial court makes an assessment as to the guilt of a suspect or accused person and there is reasonable doubt as to the guilt of that person , the person concerned shall be acquitted . ### any doubt shall benefit natural persons suspected or accused in criminal proceedings . member states shall ensure that where the trial court makes an assessment as to the guilt of a suspect or accused person and there is reasonable doubt as to the guilt of that person , the person concerned shall be acquitted .


### the purpose of this directive is to enhance the right to a fair trial in criminal proceedings by laying down minimum rules concerning certain aspects of the presumption of innocence and the right to be present at the trial . ### the purpose of this directive is to enhance the right to a fair trial in criminal proceedings by laying down minimum rules concerning certain aspects of the presumption of innocence and the right to be present at the trial , and to ensure that a common high level of protection and the procedural safeguards linked thereto are available to suspects and accused persons throughout the eu , without prejudice to the higher protection standards which may be in use in a given member state .


### member states shall ensure that suspects or accused persons have the right not to incriminate themselves and not to cooperate in any criminal proceeding . ### member states shall ensure that suspects or accused persons have the right not to incriminate themselves in any criminal proceeding .


### this directive applies to natural persons suspected or accused in criminal proceedings until the final conclusion of those proceedings . ### this directive applies to natural and legal persons , regardless of their nationality , place of residence or place of registration or incorporation , suspected or accused in criminal proceedings and similar administrative proceedings leading to comparable sanctions of a punitive and deterrent nature until the final conclusion of those proceedings .


### member states may provide for a possibility under which the trial court may decide on the guilt in the absence of the suspect or the accused person , provided that the suspect or accused person : in due time : either was summoned in person and thereby informed of the scheduled date and place of the trial , or by other means actually received official information of the scheduled date and place of that trial in such a manner that it was unequivocally established that he or she was aware of the scheduled trial ; and was informed that a decision may be handed down if he or she does not appear for the trial ; or being aware of the scheduled trial , had given a mandate to a legal counsellor , who was either appointed by the person concerned or by the state , to defend him or her at the trial , and was indeed defended by that counsellor at the trial . ### member states may provide for a possibility under which the trial court may decide on the guilt in the absence of the suspect or the accused person , provided that the suspect or accused person : in due time : was summoned in person and thereby clearly and unequivocally informed of the scheduled date and place of the trial ; and ii ) was informed that a decision may be handed down if he or she does not appear for the trial ; and b ) being aware of the scheduled trial , had given a mandate to a legal counsellor , who was either appointed by the person concerned or by the state , to defend him or her at the trial , and was indeed defended by that counsellor at the trial .


### different arrangements , based on the implementation of the exception provided for in directive 2001 / 29 / ec or on licensing agreements covering further uses , are in place in a number of member states in order to facilitate educational uses of works and other subject - matter . such arrangements have usually been developed taking account of the needs of educational establishments and different levels of education . whereas it is essential to harmonise the scope of the new mandatory exception or limitation in relation to digital uses and cross - border teaching activities , the modalities of implementation may differ from a member state to another , to the extent they do not hamper the effective application of the exception or limitation or cross - border uses . this should allow member states to build on the existing arrangements concluded at national level . in particular , member states could decide to subject the application of the exception or limitation , fully or partially , to the availability of adequate licences , covering at least the same uses as those allowed under the exception . this mechanism would , for example , allow giving precedence to licences for materials which are primarily intended for the educational market . in order to avoid that such mechanism results in legal uncertainty or administrative burden for educational establishments , member states adopting this approach should take concrete measures to ensure that licensing schemes allowing digital uses of works or other subject - matter for the purpose of illustration for teaching are easily available and that educational establishments are aware of the existence of such licensing schemes . ### different arrangements , based on the implementation of the exception provided for in directive 2001 / 29 / ec or on extended collective licensing agreements , are in place in a number of member states in order to facilitate educational uses of works and other subject - matter . such arrangements have usually been developed taking account of the constraints set by the closed list of voluntary exceptions at union level , the needs of educational establishments and different levels of education . whereas it is essential to harmonise the scope of the new mandatory exception or limitation in relation to offline and online uses and particularly cross - border teaching activities , the modalities of implementation may differ from a member state to another , to the extent they do not hamper the effective application of the exception or limitation or cross - border uses . this should allow member states to build on the existing extended collective licencing arrangements concluded at national level . in particular , member states may decide to subject the application of the exception or limitation , fully or partially , to the actual availability of adequate extended collective licencing agreements , covering at least the same uses as those allowed under the exception . in order to avoid that such mechanism results in legal uncertainty or administrative burden for educational establishments , member states adopting this approach should take concrete measures to ensure that extended collective licensing schemes allowing uses of works or other subject - matter for the purpose of illustration for teaching are easily available and affordable , covering all uses allowed under the exception , and that educational establishments are aware of the existence of such extended collective licensing schemes .