### 1. for the prevention , detection and investigation of criminal offences , member states shall allow national contact points of other member states and europol access to facial images stored in their national databases , to conduct automated searches. ### 1. for the prevention , detection and investigation of criminal offences , member states shall allow national contact points of other member states and europol access to facial images stored in their national databases for the purpose of prevention , detection and investigation of serious criminal offences , to conduct automated searches.


### searches may be conducted only in individual cases and in compliance with the national law of the requesting member state. ### searches shall be conducted only in individual cases where they are proportionate and necessary for the purpose of this regulation and incompliance with the national law of the requesting member state.


### 2. the requesting member state shall receive a list composed of matches concerning likely candidates. that member state shall review the list to determine the existence of a confirmed match. ### 2. the requesting member state shall receive a list composed of matches concerning likely candidates. that member state shall manually conduct a review of the list by qualified staff to determine the existence of a confirmed match.


### 1. member states may decide to participate in the automated exchange of police records. member states participating in the automated exchange of police records shall ensure the availability of biographical data of suspects and criminals from their national police records indexes established for the investigation of criminal offences. this set of data , if available , shall contain the following data: ### 1. member states may decide to participate in the automated exchange of police records. member states participating in the automated exchange of police records shall ensure the availability of biographical data of suspects and persons convicted of a serious criminal offence from their national police records indexes established for the prevention , detection and investigation of criminal offences. this set of data , if available , shall contain the following data:


### alias(es); ### alias(es) and previously used name(s);


### i general provisions ### i general and procedural provisions


### 1. this regulation addresses situations of crisis and force majeure in the field of migration and asylum within the union and provides for specific rules derogating from those set out in regulations (eu) xxx/xxx [asylum and migration management] and (eu) xxx/xxx [asylum procedures regulation] and in directive xxx [recast return directive]. ### 1. this regulation addresses situations of crisis in the field of migration and asylum within the union and provides for specific rules derogating from those set out in regulations (eu) xxx/xxx [asylum and migration management] , (eu) xxx/xxx [asylum procedures regulation] , regulation (eu) xxx/xxx [screening regulation] and in directive xxx [recast return directive]. this regulation establishes a crisis response mechanism , aiming at alleviating pressure for member states facing a situation of crisis , while protecting the rights of applicants and beneficiaries of international protection , including their access to relevant procedures and to adequate reception conditions in a situation of crisis.


### an exceptional situation of mass influx of third-country nationals or stateless persons arriving irregularly in a member state or disembarked on its territory following search and rescue operations , being of such a scale , in proportion to the population and gdp of the member state concerned , and nature , that it renders the member state’s asylum , reception or return system non-functional and can have serious consequences for the functioning the common european asylum system or the common framework as set out in regulation (eu) xxx/xxx [asylum and migration management] , or ### an exceptional situation of mass influx of third-country nationals or stateless persons arriving irregularly in a member state by land or by sea , being of such a scale , in proportion to the population and gdp of the member state concerned , and nature , that it renders a demonstrably well-prepared member state’s asylum , reception or return system non-functional , in particular by that member state receiving more applications for international protection than what is determined as the minimum crisis capacity for that member state under this regulation , leading to serious consequences for the functioning the common european asylum system or the common framework as set out in regulation (eu) xxx/xxx [asylum and migration management] , or


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


### an imminent risk of such a situation. ### an imminent risk of such a situation which cannot be diminished by external dimension policies within the union’s asylum and migration framework , including through the eu migration preparedness and crisis blueprint9a or before entry of the persons referred to in point (a).


### an imminent risk of such a situation. ### an imminent risk of such a situation which cannot be diminished by immediate actions in the external dimension or before entry of those persons.


### ii solidarity mechanism ### ii solidarity and asylum and return procedures in a situation of crisis


### 1. for the purpose of providing solidarity contributions for the benefit of a member state in situations of crisis as set out in article 1(2)(a) , part iv of regulation (eu) xxx/xxx [asylum and migration management] shall apply mutatis mutandis , with the exception of article 45(1) , point (d) , article 47 , article 48 , article 49 , article 51(3)(b)(iii) and (4) , article 52(2) and (5) and article 53(2) , second and third subparagraphs. ### 1. for the purpose of providing solidarity contributions for the benefit of a member state in situations where measures according to chapter iii of this regulation are not sufficient for managing the situation of crisis as set out in article 1(2)(a) , part iv of regulation (eu) xxx/xxx [asylum and migration management] shall apply mutatis mutandis , with the exception of article 47 , article 48 and article 49.


### 4. by way of derogation from article 51(2) of regulation (eu) xxx/xxx [asylum and migration management] the report referred to therein shall indicate whether the member state concerned is in a situation of crisis as defined in article 1(2)(a) of this regulation. ### 4. by way of derogation from article 51(2) of regulation (eu) xxx/xxx [asylum and migration management] the report referred to therein shall indicate whether the member state concerned is in a situation of crisis as defined in article 1(2)(a) of this regulation or there is an imminent risk of such a situation as defined in article 1(2)(b) of this regulation.


### 5. by way of derogation from article 51(3)(b)(ii) , article 52(1) and 52(3) first sub-paragraph and article 53(3)(a) of regulation (eu) xxx/xxx [asylum and migration management] , relocation shall include not only persons referred to in points (a) and (c) of article 45(1) of that regulation , but also persons referred to in points (a) and (b) of article 45(2). ### deleted


### 5. by way of derogation from article 51(3)(b)(ii) , article 52(1) and 52(3) first sub-paragraph and article 53(3)(a) of regulation (eu) xxx/xxx [asylum and migration management] , relocation shall include not only persons referred to in points (a) and (c) of article 45(1) of that regulation , but also persons referred to in points (a) and (b) of article 45(2). ### 5. by way of derogation from article 51(3)(b)(ii) , article 52(1) and 52(3) first sub-paragraph and article 53(3)(a) of regulation (eu) xxx/xxx [asylum and migration management] , relocation shall include not only persons referred to in points (a) and (c) of article 45(1) of that regulation , but also persons referred to in point (a) of article 45(2).


### 6. by way of derogation from article 54 of regulation (eu) xxx/xxx [asylum and migration management] , the share calculated in accordance with the formula set out in that article shall also apply to measures set out in article 45(2) , points (a) and (b) of that regulation. ### deleted


### 6. by way of derogation from article 54 of regulation (eu) xxx/xxx [asylum and migration management] , the share calculated in accordance with the formula set out in that article shall also apply to measures set out in article 45(2) , points (a) and (b) of that regulation. ### 6. by way of derogation from article 54 of regulation (eu) xxx/xxx [asylum and migration management] , the share calculated in accordance with the formula set out in that article shall also apply to measures set out in article 45(2) , point (a) of that regulation.


### 7. by way of derogation from article 55(2) of regulation (eu) xxx/xxx [asylum and migration management] , the deadline set therein shall be set at four months. ### deleted


### iii asylum and return procedures in a situation of crisis ### iii deleted


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


### by way of derogation from article 41(11) and (13) of regulation (eu) xxx/xxx [asylum procedures regulation] , the maximum duration of the border procedure for the examination of applications set out in that article may be prolonged by an additional period of maximum eight weeks. following this period , the applicant shall be authorised to enter the member state’s territory for the completion of the procedure for international protection. ### by way of derogation from article 41(11) and (13) of regulation (eu) xxx/xxx [asylum procedures regulation] , the maximum duration of the border procedure for the examination of applications set out in that article may be prolonged by an additional period of maximum eight weeks. following this period , the applicant shall be authorised to enter the member state’s territory for the completion of the procedure for international protection. the applicant may be detained under the conditions laid down by directive xxx/xxx/eu [reception conditions directive recast].


### 1. in a crisis situation as referred to in article 1(2) , and in accordance with the procedures laid down in article 3 , member states may , in respect of illegally staying third-country nationals or stateless persons whose applications were rejected in the context of the asylum crisis management procedure pursuant to article 4 , and who have no right to remain and are not allowed to remain , derogate from article 41a of regulation (eu) xxx/xxx [asylum procedures regulation] as follows: ### 1. in a crisis situation as referred to in article 1(2) , and in accordance with the procedures laid down in article 1b , member states may , in respect of illegally staying third-country nationals or stateless persons whose applications were rejected in the context of the asylum crisis management procedure pursuant to article 4 , and who have no right to remain and are not allowed to remain , derogate from article 41a of regulation (eu) xxx/xxx [asylum procedures regulation] as follows:


### in addition to the cases provided for by article 6(2) of directive xxx [recast return directive] , member states shall establish that a risk of absconding is presumed in an individual case , unless proven otherwise , when the criterion referred to in article 6(1) , point (f) of directive xxx [recast return directive] is fulfilled or when the applicant , third-country national or stateless person concerned is manifestly and persistently not fulfilling the obligation to cooperate established by article 7 of that directive. ### in addition to the cases provided for by article 6(2) of directive xxx [recast return directive] , member states shall establish that a risk of absconding is presumed in an individual case , unless proven otherwise , when the criterion referred to in article 6(1) , point (f) of directive xxx [recast return directive] is fulfilled or when the applicant , third-country national or stateless person concerned is not fulfilling the obligation to cooperate established by article 7 of that directive.


### article 6 ### deleted


### iv time limits in a situation of force majeure ### iv operational and capacity support


### article 7 ### deleted


### 1. where a member state is facing a situation of force majeure which renders it impossible to comply with the time limits set out in article 27 of regulation (eu) xxx/xxx [asylum procedures regulation] , that member state shall notify the commission. after such notification , by way of derogation from article 27 of regulation (eu) xxx/xxx [asylum procedures regulation] , applications may be registered by that member state no later than four weeks from when they are made. in the notification , the member state concerned shall indicate the precise reasons for which it considers that this paragraph has to be applied and indicate the period of time during which it will be applied. ### 1. where a member state is facing a situation of force majeure which renders it impossible to comply with the time limits set out in article 27 and article 34 (2) of regulation (eu) xxx/xxx [asylum procedures regulation] , that member state shall notify the commission. after such notification , by way of derogation from article 27 and article 34(2) of regulation (eu) xxx/xxx [asylum procedures regulation] , applications may be registered by that member state no later than four weeks from when they are made and an examination of the applications on the merits shall be concluded not later than one year. in the notification , the member state concerned shall indicate the precise reasons for which it considers that this paragraph has to be applied and indicate the period of time during which it will be applied.


### 3. where a member state is facing a situation of force majeure which renders it impossible to receive persons it is responsible for pursuant to regulation (eu) xxx/xxx [asylum and migration management] , it shall notify the other member states and the commission , indicating the precise reasons for such impossibility. in such cases , the requesting or notifying member state shall not carry out the transfer until the member state responsible is no longer facing a situation of force majeure. where , because of the persistence of the situation of force majeure or for any other reason , the transfer does not take place within one year of the acceptance of the take charge request or of the confirmation of the take back notification by another member state or of the final decision on an appeal or review of a transfer decision where there is a suspensive effect in accordance with article 33(3) of that regulation , by way of derogation from article 35 of regulation (eu) xxx/xxx [asylum and migration management] , the member state responsible shall be relieved of its obligations to take charge of or to take back the person concerned and responsibility shall be transferred to the requesting or notifying member state. ### 3. where a member state is facing a situation of force majeure which renders it impossible to receive persons it is responsible for pursuant to regulation (eu) xxx/xxx [asylum and migration management] , it shall notify the other member states and the commission , indicating the precise reasons for such impossibility. in such cases , the requesting or notifying member state shall not carry out the transfer until the member state responsible is no longer facing a situation of force majeure. where , because of the persistence of the situation of force majeure or for any other reason , the transfer does not take place within two years of the acceptance of the take charge request or of the confirmation of the take back notification by another member state or of the final decision on an appeal or review of a transfer decision where there is a suspensive effect in accordance with article 33(3) of that regulation , by way of derogation from article 35 of regulation (eu) xxx/xxx [asylum and migration management] , the member state responsible shall be relieved of its obligations to take charge of or to take back the person concerned and responsibility shall be transferred to the requesting or notifying member state.


### article 9 ### deleted


### v granting of immediate protection ### v simplified and accelerated procedures for well-founded cases


### granting of immediate protection status ### obligation for member states to apply simplified and accelerated procedures for well-founded cases


### 1. in a crisis situation as referred to in article 1(2)(a) , and on the basis of an implementing act adopted by the commission in accordance with paragraph 4 of this article , member states may suspend the examination of applications for international protection in accordance with regulation (eu) xxx/xxx [asylum procedures regulation] and regulation (eu) xxx/xxx [qualification regulation] in respect of displaced persons from third countries who are facing a high degree of risk of being subject to indiscriminate violence , in exceptional situations of armed conflict , and who are unable to return to their country of origin. in such a case , member states shall grant immediate protection status to the persons concerned , unless they represent a danger to the national security or public order of the member state. such status shall be without prejudice to their ongoing application for international protection in the relevant member state. ### 1. in a situation of crisis , and on the basis of the decision referred to in article 1b(2) , member states may be obliged to apply simplified and accelerated procedures for applicants of a specific country of origin or part(s) of it pursuant to paragraph 4 of this article , for persons from third countries who are facing a high degree of risk of being subject to indiscriminate violence or situations of armed conflict , and who are unable to return to their country of origin.


### 2. member states shall ensure that beneficiaries of immediate protection have effective access to all the rights laid down in regulation (eu) xxx/xxx [qualification regulation] applicable to beneficiaries of subsidiary protection. ### 2. the applications for international protection of the persons referred to in paragraph 1 shall be prioritised in accordance with the basic principles and guarantees of chapter ii , of regulation (eu) xxx/xxx [asylum procedures regulation] based on article 33(5)(a) of that regulation. as these applications for international protection are likely to be well-founded , their examination shall not last longer than one month from their registration.


### 3. member states shall resume the examination of the applications for international protection that have been suspended pursuant to paragraph 1 after a maximum of one year. ### 3. the procedure in paragraph 2 shall always entail a compulsory assessment to determine a possible threat to the national security or public order of the member state.


### establish that there is a situation of crisis on the basis of the elements referred to in article 3; ### establish that there is a need to prioritise a certain group of applicants through accelerated and simplified procedures in examining their application for international protection within the timeline described in paragraph 2;


### establish that there is a need to suspend the examination of applications for international protection; ### define the specific country of origin , or a part of a specific country of origin on the basis of well-defined criteria , drawn from regulation (eu) xxx/xxx [qualification regulation] , in respect of the persons referred to in paragraph 1 where their application for international protection is likely to be well-founded.


### define the specific country of origin , or a part of a specific country of origin , in respect of the persons referred to in paragraph 1; ### deleted


### establish the date from which this article shall be applied and set out the time period during which applications for international protection of displaced person as referred to in point (a) may be suspended and immediate protection status shall be granted. ### deleted


### 1. the commission shall adopt implementing acts in respect of authorising the application of the derogatory procedural rules referred to in articles 4 , 5 and 6 , and triggering the granting of immediate protection status in accordance with article 10. those implementing acts shall be adopted in accordance with the examination procedure referred to in article 12(2). ### 1. the commission shall adopt implementing acts in respect of authorising the application of the derogatory procedural rules referred to in articles 2 , 3a , 3b , 4 , 5 , 5a , and 5b and triggering the obligation to apply simplified and accelerated procedures in accordance with article 10. those implementing acts shall be adopted in accordance with the examination procedure referred to in article 12(2).


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


### 3. the implementing acts shall remain in force for a period not exceeding one year. ### deleted


### 1. for the implementing act referred to in article 3 , the commission shall be assisted by a committee. that committee shall be a committee within the meaning of regulation (eu) no 182/2011. ### 1. for the implementing act referred to in article 1b , the commission shall be assisted by a committee. that committee shall be a committee within the meaning of regulation (eu) no 182/2011.


### article 14 ### deleted


### 1. grants the director of the european monitoring centre for drugs and drug addiction discharge in respect of the implementation of the centre’s budget for the financial year 2020 / postpones its decision on granting the director of the european monitoring centre for drugs and drug addiction discharge in respect of the implementation of the budget of the centre for the financial year 2020; ### 1. grants the director of the european monitoring centre for drugs and drug addiction discharge in respect of the implementation of the centre’s budget for the financial year 2020;


### 1. approves the closure of the accounts of the european monitoring centre for drugs and drug addiction for the financial year 2020 / postpones the closure of the accounts of the european monitoring centre for drugs and drug addiction for the financial year 2020; ### 1. approves the closure of the accounts of the european monitoring centre for drugs and drug addiction for the financial year 2020;


### 7. acknowledges the centre’s existing measures and ongoing efforts to secure transparency , prevent and manage conflicts of interest , and provide whistleblower protection; notes that the centre published on its website the cvs of the members of its management board , of its director , and of the external experts who are members of its scientific committee; ### 7. acknowledges the centre’s existing measures and ongoing efforts to secure transparency , prevent and manage conflicts of interest , and provide whistleblower protection; notes that the centre published on its website the cvs of the members of its management board , of its director , and of the external experts who are members of its scientific committee; welcomes that the centre publishes the declarations of interest of the members of its management board;


### a. whereas many women face intersecting inequalities and discrimination in the eu; whereas intersectional discrimination refers to a situation in which several grounds of discrimination operate and interact with each other , for example gender with other grounds of discrimination such as race , colour , ethnic or socio-economic status , age , sexual orientation , gender identity and expression , sex characteristics , genetic features , religion or belief , nationality , residence status , or disability , among others , in a way that they are inseparable and produce specific types of discrimination; ### a. whereas many women face intersecting inequalities and discrimination in the eu; whereas intersectional discrimination refers to a situation in which several grounds of discrimination operate and interact with each other , for example gender with other grounds of discrimination such as race , colour , ethnic or 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 , among others , in a way that they are inseparable and produce synergistic effects , resulting in a qualitatively different and specific types of discrimination as well as disadvantage because of the confluence of different identities;


### b. whereas the precarious situation faced by migrant domestic workers is an example where the intersectionality of race , gender , socioeconomic status and nationality is visible; ### b. whereas the precarious situation faced by migrant domestic workers is an example where the intersectionality of race , gender , socio-economic status , migrant status and nationality is visible;


### 1. urges the eu institutions to address intersectional forms of discrimination in eu anti-discrimination and gender equality legislation and policies; ### 1. urges the eu institutions to address intersectional forms of discrimination in eu anti-discrimination and gender equality legislation and policies; emphasizes that intersectional perspective helps to uncover the cases of people who tend to be overlooked in conventional anti-discrimination frameworks , such as women at the intersections of race , religion , sexual orientation and gender identity , social class , disability , migrant status or age;


### 2. stresses the importance of taking into account the specific experience of women victims of intersectional discrimination in the design , implementation and evaluation of asylum , migration and integration policies; ### 2. emphasises the need to ensure meaningful participation of all groups affected by intersectional discrimination at all policy levels , especially racialised groups; stresses the importance of taking into account the specific experience of women who have been victims of intersectional discrimination in the design , implementation and evaluation of relevant policies , including asylum , migration and integration policies;


### 3. calls on forthcoming presidencies of the council to make equal treatment and the fight against discrimination a key priority and to adopt without delay the anti-discrimination directive; stresses that this directive presents a unique opportunity to address intersectional discrimination in fields other than employment and occupation; ### 3. calls on forthcoming presidencies of the council to make equal treatment and the fight against discrimination a key priority; emphasizes the need to harmonise the scope and the reach of the anti-discrimination instruments in one horizontal instrument and therefore urges the council to adopt without delay the anti-discrimination directive; stresses that this directive presents a unique opportunity to address intersectional discrimination in fields other than employment and occupation;


### 4. calls on the member states to collect equality data disaggregated by gender , racial and ethnic origin , sexual orientation and identity based on voluntary participation , self-identification and informed consent , while protecting anonymity and confidentiality and respecting the key principles of data protection and fundamental rights. ### 4. calls on the member states to collect equality data disaggregated by gender , racial and ethnic origin , sexual orientation and identity based on voluntary participation , self-identification and informed consent , while protecting anonymity and confidentiality and respecting the key principles of the eu data protection legislation and fundamental rights as well as the relevant national legal frameworks; emphasizes that the collection of such data should be utilized for the sole purpose of identifying the roots of discrimination in order to inform relevant policy-making; calls on the commission to develop common methodology in this regard in order to ensure the comparability across member states , accuracy and reliability of the data collected;


### (1) transnational threats involving criminal activities call for a coordinated , targeted and adapted response. while national authorities operating on the ground are on the frontline in the fight against organised crime and terrorism , action at union level is paramount to ensure efficient and effective cooperation , including as regards the exchange of information. furthermore , organised crime and terrorism , in particular , are emblematic of the link between internal and external security. those threats spread across borders and manifest themselves in organised crime and terrorist groups that engage in a wide range of criminal activities. ### (1) transnational threats involving criminal activities pose a significant threat to the internal security of the union and call for a coordinated , targeted and adapted response. while national authorities operating on the ground are on the frontline in the fight against serious and organised crime and terrorism , action at union level is paramount to ensure efficient and effective cooperation , including as regards the exchange of information. furthermore , serious and organised crime and terrorism , in particular , are emblematic of the link between internal and external security. those threats spread across borders and manifest themselves in organised crime and terrorist groups that engage in a wide range of increasingly dynamic and complex criminal activities calling for an adaptation of our police and law enforcement authorities towards more efficient detection , prevention and investigation systems.


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


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


### (5) therefore , the existing legal framework consisting of the relevant provisions of the convention implementing the schengen agreement and framework decision 2006/960/jha should be updated and replaced , so as to facilitate and ensure , through the establishment of clear and harmonised rules , the adequate and rapid exchange of information between the competent law enforcement authorities of different member states. ### (5) therefore , the existing legal framework consisting of the relevant provisions of the convention implementing the schengen agreement and framework decision 2006/960/jha should be updated and replaced , so as to facilitate and ensure , through the establishment of clear and harmonised rules , the adequate and rapid exchange of information between the competent law enforcement authorities of different member states to adapt to a rapidly changing and expanding organised crime landscape , in the context of the globalisation and the digitalisation of the society.


### (7) it is necessary to lay down rules governing the cross-cutting aspects of such information exchange between member states. the rules of this directive should not affect the application of rules of union law on specific systems or frameworks for such exchanges , such as under regulations (eu) 2018/186050 , (eu) 2018/186151 , (eu) 2018/186252 , and (eu) 2016/79453 of the european parliament and of the council , directives (eu) 2016/68154 and 2019/115355 of the european parliament and of the council , and council decisions 2008/615/jha56 and 2008/616/jha57 . ### (7) it is necessary to lay down harmonised rules governing the cross-cutting aspects of such information exchange between member states. the rules of this directive should not affect the application of rules of union law on specific systems or frameworks for such exchanges , such as under regulations (eu) 2018/186050 , (eu) 2018/186151 , (eu) 2018/186252 , and (eu) 2016/79453 of the european parliament and of the council , directives (eu) 2016/68154 and 2019/115355 of the european parliament and of the council , and council decisions 2008/615/jha56 and 2008/616/jha57 .


### (7) it is necessary to lay down rules governing the cross-cutting aspects of such information exchange between member states. the rules of this directive should not affect the application of rules of union law on specific systems or frameworks for such exchanges , such as under regulations (eu) 2018/186050 , (eu) 2018/186151 , (eu) 2018/186252 , and (eu) 2016/79453 of the european parliament and of the council , directives (eu) 2016/68154 and 2019/115355 of the european parliament and of the council , and council decisions 2008/615/jha56 and 2008/616/jha57 . ### (7) it is necessary to lay down rules governing the cross-cutting aspects of such information exchange between member states. the rules of this directive should not affect the application of rules of union law on specific systems or frameworks for such exchanges , such as under regulations (eu) 2018/186050 , (eu) 2018/186151 , (eu) 2022/...52 , and (eu) 2016/79453 of the european parliament and of the council , directives (eu) 2016/68154 and 2019/115355 of the european parliament and of the council , and council decisions 2008/615/jha56 and 2008/616/jha57 .


### (9) all exchanges of information under this directive should be subject to three general principles , namely those of availability , equivalent access and confidentiality. while those principles are without prejudice to the more specific provisions of this directive , they should guide its interpretation and application where relevant. for example , the principle of availability should be understood as indicating that relevant information available to the single point of contact or the law enforcement authorities of one member state should also be available , to the largest extent possible , to those of other member states. however , the principle should not affect the application , where justified , of specific provisions of this directive restricting the availability of information , such as those on the grounds for refusal of requests for information and judicial authorisation. in addition , pursuant to the principle of equivalent access , the access of the single point of contact and the law enforcement authorities of other member states to relevant information should be substantially the same as , and thus be neither stricter nor less strict than , the access of those of one and the same member state , subject to the directive’s more specific provisions. ### (9) all exchanges of information under this directive should be subject to three general principles , namely those of availability , equivalent access , confidentiality and data minimisation. while those principles are without prejudice to the more specific provisions of this directive , they should guide its interpretation and application where relevant. the principle of availability should be understood as indicating that relevant information available to the single point of contact or the law enforcement authorities of one member state should also be available , to the largest extent possible , to those of other member states. however , the principle should not affect the application , where justified , of specific provisions of this directive restricting the availability of information , such as those on the grounds for refusal of requests for information and judicial authorisation. pursuant to the principle of equivalent access , the access of the single point of contact and the law enforcement authorities of other member states to relevant information should be substantially the same as , and thus be neither stricter nor less strict than , the access of those of one and the same member state , subject to the directive’s more specific provisions. the principle of confidentiality requires that member states respect each other’s confidentiality requirements when treating such information by ensuring a similar level of protection. the principle of data minimisation requires to defining exhaustively the categories of personal data that may be exchanged between law enforcement authorities.


### (10) in order to achieve the objective to facilitate and ensure the adequate and rapid exchange of information between member states , provision should be made for obtaining such information by addressing a request for information to the single point of contact of the other member state concerned , in accordance with certain clear , simplified and harmonised requirements. concerning the content of such requests for information , it should in particular be specified , in an exhaustive and sufficiently detailed manner and without prejudice to the need for a case-by-case assessment , when they are to be considered as urgent and which explanations they are to contain as minimum. ### (10) in order to achieve the objective to facilitate and ensure the adequate and rapid exchange of information between member states , provision should be made for obtaining such information by addressing a request for information to the single point of contact of the other member state concerned , in accordance with certain clear , simplified and harmonised requirements. concerning the content of such requests for information , it should in particular be specified , in an exhaustive and sufficiently detailed manner and without prejudice to the need for a case-by-case assessment , when they are to be considered as urgent , which explanations they are to contain as minimum and in which language they are to be submitted.


### (10) in order to achieve the objective to facilitate and ensure the adequate and rapid exchange of information between member states , provision should be made for obtaining such information by addressing a request for information to the single point of contact of the other member state concerned , in accordance with certain clear , simplified and harmonised requirements. concerning the content of such requests for information , it should in particular be specified , in an exhaustive and sufficiently detailed manner and without prejudice to the need for a case-by-case assessment , when they are to be considered as urgent and which explanations they are to contain as minimum. ### (10) in order to achieve the objective to facilitate and ensure the adequate and rapid exchange of information between member states , provision should be made for obtaining such information by addressing a request for information to the single point of contact of the other member state concerned , in accordance with certain clear , simplified and harmonised requirements. concerning the content of such requests for information , it should in particular be specified , in an exhaustive and sufficiently detailed manner and without prejudice to the need for a case-by-case assessment , when they are to be considered as urgent , which explanations they are to contain as minimum and the language to be used.


### (11) whilst the single points of contact of each member state should in any event have the possibility to submit requests for information to the single point of contact of another member state , in the interest of flexibility , member states should be allowed to decide that , in addition , their law enforcement authorities may also submit such requests. in order for single points of contact to be able to perform their coordinating functions under this directive , it is however necessary that , where a member state takes such a decision , its single point of contact is made aware of all such outgoing requests , as well as of any communications relating thereto , by always being put in copy. ### (11) whilst the single points of contact of each member state should in any event have the possibility to submit requests for information to the single point of contact of another member state , in the interest of flexibility , member states should be allowed to decide that , in addition , their law enforcement authorities may also submit such requests , the procedure of which laid down in a specific national legal framework , and communicated to the commission. the commission should publish the list of law enforcement authorities able to submit such requests. in order for single points of contact to be able to perform their coordinating functions under this directive , it is however necessary that , where a member state takes such a decision , its single point of contact is made aware of all such outgoing requests , as well as of any communications relating thereto , by always being put in copy.


### (11) whilst the single points of contact of each member state should in any event have the possibility to submit requests for information to the single point of contact of another member state , in the interest of flexibility , member states should be allowed to decide that , in addition , their law enforcement authorities may also submit such requests. in order for single points of contact to be able to perform their coordinating functions under this directive , it is however necessary that , where a member state takes such a decision , its single point of contact is made aware of all such outgoing requests , as well as of any communications relating thereto , by always being put in copy. ### (11) whilst the single points of contact of each member state should in any event have the possibility to submit requests for information to the single point of contact of another member state , in the interest of flexibility , member states should be allowed to decide that , in addition , their law enforcement authorities may also submit such requests. in order for single points of contact to be able to perform their coordinating functions under this directive , it is however necessary that , where a member state takes such a decision , its single point of contact is made aware of all such outgoing requests , as well as of any communications relating thereto , by always being put in copy. meanwhile , the member states should seek to reduce the duplication of personal data to a strict minimum.


### (11) whilst the single points of contact of each member state should in any event have the possibility to submit requests for information to the single point of contact of another member state , in the interest of flexibility , member states should be allowed to decide that , in addition , their law enforcement authorities may also submit such requests. in order for single points of contact to be able to perform their coordinating functions under this directive , it is however necessary that , where a member state takes such a decision , its single point of contact is made aware of all such outgoing requests , as well as of any communications relating thereto , by always being put in copy. ### (11) whilst the single points of contact of each member state should in any event have the possibility to submit requests for information to the single point of contact of another member state , in the interest of flexibility , member states should be allowed to decide that , in addition , their competent law enforcement authorities may also submit such requests. in order for single points of contact to be able to perform their coordinating functions under this directive , it is however necessary that , where a member state takes such a decision , its single point of contact is made aware of all such outgoing requests , as well as of any communications relating thereto , by always being put in copy.


### (11) whilst the single points of contact of each member state should in any event have the possibility to submit requests for information to the single point of contact of another member state , in the interest of flexibility , member states should be allowed to decide that , in addition , their law enforcement authorities may also submit such requests. in order for single points of contact to be able to perform their coordinating functions under this directive , it is however necessary that , where a member state takes such a decision , its single point of contact is made aware of all such outgoing requests , as well as of any communications relating thereto , by always being put in copy. ### (11) whilst the single points of contact of each member state should in any event have the possibility to submit requests for information to the single point of contact of another member state , in the interest of flexibility , member states should be allowed to decide that , in addition , their law enforcement authorities may also submit such requests in accordance with the procedure laid down in a specific national legal framework. in order for single points of contact to be able to perform their coordinating functions under this directive , it is however necessary that , where a member state takes such a decision , its single point of contact is made aware of all such outgoing requests , as well as of any communications relating thereto , by always being put in copy.


### (12) time limits are necessary to ensure rapid processing of requests for information submitted to a single point of contact. such time limits should be clear and proportionate and take into account whether the request for information is urgent and whether a prior judicial authorisation is required. in order to ensure compliance with the applicable time limits whilst nonetheless allowing for a degree of flexibility where objectively justified , it is necessary to allow , on an exceptional basis , for deviations only where , and in as far as , the competent judicial authority of the requested member state needs additional time to decide on granting the necessary judicial authorisation. such a need could arise , for example , because of the broad scope or the complexity of the matters raised by the request for information. ### (12) clearly specified time limits are necessary to ensure rapid processing of requests for information submitted to a single point of contact. such time limits should be clear and proportionate and take into account whether the request for information is urgent and whether a prior judicial authorisation is required. in order to ensure compliance with the applicable time limits whilst nonetheless allowing for a degree of flexibility where objectively justified , it is necessary to allow , on an exceptional basis , for deviations only where , and in as far as , the competent judicial authority of the requested member state needs additional time to decide on granting the necessary judicial authorisation. such a need could arise , for example , because of the broad scope or the complexity of the matters raised by the request for information.


### (12) time limits are necessary to ensure rapid processing of requests for information submitted to a single point of contact. such time limits should be clear and proportionate and take into account whether the request for information is urgent and whether a prior judicial authorisation is required. in order to ensure compliance with the applicable time limits whilst nonetheless allowing for a degree of flexibility where objectively justified , it is necessary to allow , on an exceptional basis , for deviations only where , and in as far as , the competent judicial authority of the requested member state needs additional time to decide on granting the necessary judicial authorisation. such a need could arise , for example , because of the broad scope or the complexity of the matters raised by the request for information. ### (12) time limits are necessary to ensure rapid processing of requests for information submitted to a single point of contact or a member state law enforcement authority. such time limits should be clear and proportionate and take into account whether the request for information is urgent and whether a prior judicial authorisation is required. in order to ensure compliance with the applicable time limits whilst nonetheless allowing for a degree of flexibility where objectively justified , it is necessary to allow for deviations only where , and in as far as , the competent judicial authority of the requested member state needs additional time to decide on granting the necessary judicial authorisation. such a need could arise , for example , because of the broad scope or the complexity of the matters raised by the request for information.


### (13) in exceptional cases , it may be objectively justified for a member state to refuse a request for information submitted to a single point of contact. in order to ensure the effective functioning of the system created by this directive , those cases should be exhaustively specified and interpreted restrictively. when only parts of the information concerned by such a request for information relate to the reasons for refusing the request , the remaining information is to be provided within the time limits set by this directive. provision should be made for the possibility to ask for clarifications , which should suspend the applicable time limits. however , such possibility should only exist where the clarifications are objectively necessary and proportionate , in that the request for information would otherwise have to be refused for one of the reasons listed in this directive. in the interest of effective cooperation , it should remain possible to request necessary clarifications also in other situations , without this however leading to suspension of the time limits. ### (13) in exceptional cases , it may be objectively justified for a member state to refuse a request for information submitted to a single point of contact. in order to ensure the effective functioning of the system created by this directive , those cases should be exhaustively specified and interpreted restrictively. in particular , necessary safeguards should be established to prevent any misuse of the mechanism for exchanging information for any purpose that falls outside the scope and objectives of this directive , for example in the case of politically-motivated objectives or manifest breaches of fundamental rights. specific attention should be kept on requests formulated by a single point of contact or a law enforcement authority from a member state subject to a procedure under article 7 of the treaty on the european union. when only parts of the information concerned by such a request for information relate to the reasons for refusing the request , the remaining information is to be provided within the time limits set by this directive. provision should be made for the possibility to ask for clarifications , which should suspend the applicable time limits. however , such possibility should only exist where the clarifications are objectively necessary and proportionate to evaluate the request of information or in case the request for information would otherwise have to be refused for one of the reasons listed in this directive. in the interest of effective cooperation , it should remain possible to request necessary clarifications also in other situations , without this however leading to suspension of the time limits.


### (14) in order to allow for the necessary flexibility in view of operational needs that may vary in practice , provision should be made for two other means of exchanging information , in addition to requests for information submitted to the single points of contact. the first one is the spontaneous provision of information , that is , on the own initiative of either the single point of contact or the law enforcement authorities without a prior request. the second one is the provision of information upon requests for information submitted either by single points of contact or by law enforcement authorities not to the single point of contact , but rather directly to the law enforcement authorities of another member state. in respect of both means , only a limited number of minimum requirements should be set , in particular on keeping the single points of contact informed and , as regards own-initiative provision of information , the situations in which information is to be provided and the language to be used. ### (14) in order to allow for the necessary flexibility in view of operational needs that may vary in practice , provision should be made for two other means of exchanging information , in addition to requests for information submitted to the single points of contact. the first one is the spontaneous provision of information , that is , on the own initiative of either the single point of contact or the law enforcement authorities without a prior request. the second one is the provision of information upon requests for information submitted either by single points of contact or by law enforcement authorities not to the single point of contact , but rather directly to the law enforcement authorities of another member state. in respect of both means , only a limited number of minimum requirements should be set , in particular on keeping the relevant single points of contact informed and , as regards own-initiative provision of information , the situations in which information is to be provided and the language to be used.


### (15) the requirement of a prior judicial authorisation for the provision of information can be an important safeguard. the member states' legal systems are different in this respect and this directive should not be understood as affecting such requirements established under national law , other than subjecting them to the condition that domestic exchanges and exchanges between member states are treated in an equivalent manner , both on the substance and procedurally. furthermore , in order to keep any delays and complications relating to the application of such a requirement to a minimum , the single point of contact or the law enforcement authorities , as applicable , of the member state of the competent judicial authority should take all practical and legal steps , where relevant in cooperation with the single point of contact or the law enforcement authority of another member state that requested the information , to obtain the judicial authorisation as soon as possible. ### (15) the requirement of a prior judicial authorisation for the provision of information can be an important safeguard and should be respected when provided in national law. the member states' legal systems are different in this respect and this directive should not be understood as affecting such requirements established under national law , other than subjecting them to the condition that domestic exchanges and exchanges between member states are treated in an equivalent manner , both on the substance and procedurally. furthermore , in order to keep any delays and complications relating to the application of such a requirement to a minimum , the single point of contact or the law enforcement authorities , as applicable , of the member state of the competent judicial authority should take all practical and legal steps , where relevant in cooperation with the single point of contact or the law enforcement authority of another member state that requested the information , to obtain the judicial authorisation as soon as possible.


### (15) the requirement of a prior judicial authorisation for the provision of information can be an important safeguard. the member states' legal systems are different in this respect and this directive should not be understood as affecting such requirements established under national law , other than subjecting them to the condition that domestic exchanges and exchanges between member states are treated in an equivalent manner , both on the substance and procedurally. furthermore , in order to keep any delays and complications relating to the application of such a requirement to a minimum , the single point of contact or the law enforcement authorities , as applicable , of the member state of the competent judicial authority should take all practical and legal steps , where relevant in cooperation with the single point of contact or the law enforcement authority of another member state that requested the information , to obtain the judicial authorisation as soon as possible. ### (15) the requirement of a prior judicial authorisation for the provision of information can be an important safeguard. the member states' legal systems are different in this respect and this directive should not be understood as affecting such requirements established under national law , other than subjecting them to the condition that domestic exchanges and exchanges between member states are treated in an equivalent manner , both on the substance and procedurally. furthermore , in order to keep any delays and complications relating to the application of such a requirement to a minimum , the single point of contact or the law enforcement authorities , as applicable , of the member state of the competent judicial authority should take all practical and legal steps , where relevant in cooperation with the single point of contact or the law enforcement authority of another member state that requested the information , to obtain the judicial authorisation within the indicated time limits.


### (16) it is particularly important that the protection of personal data , in accordance with union law , is ensured in connection to all exchanges of information under this directive. to that aim , the rules of this directive should be aligned with directive (eu) 2016/680 of the european parliament and of the council60 . in particular , it should be specified that any personal data exchanged by single points of contacts and law enforcement authorities is to remain limited to the categories of data listed in section b point 2 , of annex ii to regulation (eu) 2016/794 of the european parliament and of the council61 . furthermore , as far as possible , any such personal data should be distinguished according to their degree of accuracy and reliability , whereby facts should be distinguished from personal assessments , in order to ensure both the protection of individuals and the quality and reliability of the information exchanged. if it appears that the personal data are incorrect , they should be rectified or erased without delay. such rectification or erasure , as well as any other processing of personal data in connection to the activities under this directive , should be carried out in compliance with the applicable rules of union law , in particular directive (eu) 2016/680 and regulation (eu) 2016/679 of the european parliament and of the council62 , which rules this directive leaves unaffected. ### (16) it is particularly important that the protection of personal data , in accordance with union law , is ensured in connection to all exchanges of information under this directive. to that aim , the rules of this directive should be aligned with directive (eu) 2016/680 of the european parliament and of the council60 . in particular , it should be specified that any personal data exchanged by single points of contacts and law enforcement authorities is to remain limited to the categories of data listed in section b point 2 , of annex ii to regulation (eu) 2016/794 of the european parliament and of the council61 . furthermore , as far as possible , any such personal data should be distinguished according to their degree of accuracy and reliability , whereby facts should be distinguished from personal assessments , in order to ensure both the protection of individuals and the quality and reliability of the information exchanged. the processing and storage of personal data by single points of contact or law enforcement authorities following a request of information pursuant to this directive should be as quick as possible to ensure the accuracy and reliability of the personal data , to avoid unnecessary duplication of data and to reduce the risk that such data is outdated or not available to the initial competent authority anymore. if it appears that the personal data are incorrect , they should be rectified or erased without delay. such rectification or erasure , as well as any other processing of personal data in connection to the activities under this directive , should be carried out in compliance with the applicable rules of union law , in particular directive (eu) 2016/680 , which rules this directive leaves unaffected.


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


### (17) in order to allow for adequate and rapid provision of information by single points of contact , either upon request or on their own initiative , it is important that the relevant officials of the member states concerned understand each other. language barriers often hamper the cross-border exchange of information. for this reason , rules should be established on the use of languages in which requests for information submitted to the single points of contact , the information to be provided by single points of contact as well as any other communications relating thereto , such as on refusals and clarifications , are to be provided. those rules should strike a balance between , on the one hand , respecting the linguistic diversity within the union and keeping costs of translation as limited as possible and , on the other hand , operational needs associated with adequate and rapid exchanges of information across borders. therefore , member states should establish a list containing one or more official languages of the union of their choice , but containing also one language that is broadly understood and used in practice , namely , english. ### (17) in order to allow for adequate and rapid provision of information by single points of contact , either upon request or on their own initiative , it is important that the relevant officials of the member states concerned understand each other. language barriers often hamper the cross-border exchange of information. for this reason , rules should be established on the use of languages in which requests for information submitted to the single points of contact , the information to be provided by single points of contact as well as any other communications relating thereto , such as on refusals and clarifications , are to be provided. those rules should strike a balance between , on the one hand , respecting the linguistic diversity within the union and keeping costs of translation as limited as possible and , on the other hand , operational needs associated with adequate and rapid exchanges of information across borders. therefore , member states should establish a list containing one or more official languages of the union of their choice , but containing also one language that is broadly understood and used in practice , namely , english. besides , member states should also engage in the overall improvement of their staff’s foreign language skills , such as by delivering specific trainings.


### (17) in order to allow for adequate and rapid provision of information by single points of contact , either upon request or on their own initiative , it is important that the relevant officials of the member states concerned understand each other. language barriers often hamper the cross-border exchange of information. for this reason , rules should be established on the use of languages in which requests for information submitted to the single points of contact , the information to be provided by single points of contact as well as any other communications relating thereto , such as on refusals and clarifications , are to be provided. those rules should strike a balance between , on the one hand , respecting the linguistic diversity within the union and keeping costs of translation as limited as possible and , on the other hand , operational needs associated with adequate and rapid exchanges of information across borders. therefore , member states should establish a list containing one or more official languages of the union of their choice , but containing also one language that is broadly understood and used in practice , namely , english. ### (17) in order to allow for adequate and rapid provision of information by single points of contact , either upon request or on their own initiative , it is important that the relevant officials of the member states concerned understand each other. language barriers often hamper the cross-border exchange of information. for this reason , rules should be established on the use of a list of common eu working languages in which requests for information submitted to the single points of contact , the information to be provided by single points of contact as well as any other communications relating thereto , such as on refusals and clarifications , are to be provided. those rules should strike a balance between , on the one hand , respecting the linguistic diversity within the union and keeping costs of translation as limited as possible and , on the other hand , operational needs associated with adequate and rapid exchanges of information across borders. therefore , member states should establish a list containing one or more official languages of the union of their choice , but containing also one language that is broadly understood and used in practice , namely , english.


### (18) the further development of the european union agency for law enforcement cooperation (europol) as the union’s criminal information hub is a priority. that is why , when information or any related communications are exchanged , irrespective of whether that is done pursuant to a request for information submitted to a single point of contact or law enforcement authority , or on their own-imitative , a copy should be sent to europol , however only insofar as it concerns offences falling within the scope of the objectives of europol. in practice , this can be done through the ticking by default of the corresponding siena box. ### (18) the further development of the european union agency for law enforcement cooperation (europol) as the union’s criminal information hub is a priority for supporting the member states’ law enforcement authorities. that is why , when information or any related communications are exchanged , irrespective of whether that is done pursuant to a request for information submitted to a single point of contact or law enforcement authority , or on their own-imitative , a copy should be sent to europol , however only insofar as it concerns offences falling within the scope of the objectives of europol. member states should ensure adequate support and training of their staff to quickly and accurately identify which information exchanged in the context of this directive falls within the mandate of europol and is necessary for the agency to fulfil its objectives.


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


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


### (19) the proliferation of communication channels used for the transmission of law enforcement information between member states and of communications relating thereto should be remedied , as it hinders the adequate and rapid exchange of such information. therefore , the use of the secure information exchange network application called siena , managed by europol in accordance with regulation (eu) 2016/794 , should be made mandatory for all such transmissions and communications under this directive , including the sending of requests for information submitted to single points of contact and directly to law enforcement authorities , the provision of information upon such requests and on their own initiative , communications on refusals and clarifications , as well as copies to single points of contact and europol. to that aim , all single points of contact , as well as all law enforcement authorities that may be involved in such exchanges , should be directly connected to siena. in this regard , a transition period should be provided for , however , in order to allow for the full roll-out of siena. ### (19) the proliferation of communication channels used for the transmission of law enforcement information between member states and of communications relating thereto should be remedied , as it hinders the adequate and rapid exchange of such information and increase the risk towards the security of personal data. therefore , the use of the secure information exchange network application called siena , managed by europol in accordance with regulation (eu) 2016/794 , should be made mandatory for all such transmissions and communications under this directive , including the sending of requests for information submitted to single points of contact and directly to law enforcement authorities , the provision of information upon such requests and on their own initiative , communications on refusals and clarifications , as well as copies to single points of contact and europol. to that aim , all single points of contact , as well as all law enforcement authorities that may be involved in such exchanges , should be directly connected to siena. in this regard , a transition period should be provided for in order to allow for the full roll-out of siena.


### (19) the proliferation of communication channels used for the transmission of law enforcement information between member states and of communications relating thereto should be remedied , as it hinders the adequate and rapid exchange of such information. therefore , the use of the secure information exchange network application called siena , managed by europol in accordance with regulation (eu) 2016/794 , should be made mandatory for all such transmissions and communications under this directive , including the sending of requests for information submitted to single points of contact and directly to law enforcement authorities , the provision of information upon such requests and on their own initiative , communications on refusals and clarifications , as well as copies to single points of contact and europol. to that aim , all single points of contact , as well as all law enforcement authorities that may be involved in such exchanges , should be directly connected to siena. in this regard , a transition period should be provided for , however , in order to allow for the full roll-out of siena. ### (19) the proliferation of communication channels used for the transmission of law enforcement information between member states and of communications relating thereto should be remedied , as it hinders the adequate and rapid exchange of such information. therefore , the use of the secure information exchange network application called siena , managed by europol in accordance with regulation (eu) 2016/794 , should be made mandatory for all such transmissions and communications under this directive , including the sending of requests for information submitted to single points of contact and directly to law enforcement authorities , the provision of information upon such requests and on their own initiative , communications on refusals and clarifications , as well as copies to single points of contact and europol. to that aim , all single points of contact , as well as all law enforcement authorities that may be involved in such exchanges , should be directly connected to siena. in this regard , it is essential that the full roll-out of siena has taken place by the transposition date of this directive.


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


### (21) those capabilities of the single points of contact should include having access to all information available within its own member state , including by having user-friendly access to all relevant union and international databases and platforms , in accordance with the modalities specified in the applicable union and national law. in order to be able to meet the requirements of this directive , especially those on the time limits , the single points of contact should be provided with adequate resources , including adequate translation capabilities , and function around the clock. in that regard , having a front desk that is able to screen , process and channel incoming requests for information may increase their efficiency and effectiveness. those capabilities should also include having at their disposition , at all times , judicial authorities competent to grant necessary judicial authorisations. in practice , this can be done , for example , by ensuring the physical presence or the functional availability of such judicial authorities , either within the premises of the single point of contact or directly available on call. ### (21) those capabilities of the single points of contact should include having access to all information available within its own member state , including by having user-friendly access to all relevant union and international databases and platforms , in accordance with the modalities specified in the applicable union and national law. in order to be able to meet the requirements of this directive , especially those on the time limits , the single points of contact should be provided with adequate resources in terms of budget and staff , including adequate translation capabilities , and function around the clock. in that regard , having a front desk that is able to screen , process and channel incoming requests for information may increase their efficiency and effectiveness. those capabilities should also include having at their disposition , at all times , judicial authorities competent to grant necessary judicial authorisations. in practice , this can be done , for example , by ensuring the physical presence or the functional availability of such judicial authorities , either within the premises of the single point of contact or directly available on call.


### (23) the deployment and operation of an electronic single case management system having certain minimum functions and capabilities by the single points of contact is necessary to allow them to carry out their tasks under this directive in an effective and efficient manner , in particular as regards information management. ### (23) the deployment and operation of an electronic single case management system having certain minimum functions and capabilities by the single points of contact is necessary to allow them to carry out their tasks under this directive in an effective and efficient manner , in particular as regards information exchange , processing and storage. the storage of personal metadata and content data should be for the sole purpose of the processing of such data by the requesting law enforcement authorities and be as quick as possible to limit the duplication of the same data to the strict minimum. at the end of this process , the data should be irrevocably deleted.


### (24) to enable the necessary monitoring and evaluation of the application of this directive , member states should be required to collect and annually provide to the commission certain data. this requirement is necessary , in particular , to remedy the lack of comparable data quantifying relevant information exchanges and also facilitates the reporting obligation of the commission. ### (24) to enable the necessary monitoring and evaluation of the application of this directive , member states should be required to collect and annually provide to the commission certain data. this requirement is necessary , in particular , to remedy the lack of comparable data quantifying relevant information exchanges and also facilitates the reporting obligation of the commission regarding the implementation and application of this directive.


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


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


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


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


### requests for information submitted to the single points of contact established or designated by the member states , in particular on the content of such requests , mandatory time limits for providing the requested information , reasons for refusals of such requests and the channel of communication to be used in connection to such requests; ### requests for information submitted to the single points of contact established or designated by the member states , in particular on the content of such requests , mandatory time limits for providing the requested information , reasons for refusals of such requests , the working language(s) and the channel of communication to be used in connection to such requests;


### requests for information submitted to the single points of contact established or designated by the member states , in particular on the content of such requests , mandatory time limits for providing the requested information , reasons for refusals of such requests and the channel of communication to be used in connection to such requests; ### requests for information submitted to the single points of contact established or designated by the member states , in particular on the content of such requests , mandatory time limits for providing the requested information , reasons for refusals of such requests and the single channel of communication to be used in connection to such requests;


### the channel of communication to be used for all exchanges of information and the information to be provided to the single points of contact in relation to exchanges of information directly between the law enforcement authorities of the member states; ### the single channel of communication to be used for all exchanges of information pursuant to this directive and the information to be provided to the single points of contact in relation to exchanges of information directly between the law enforcement authorities of the member states;


### the establishment , tasks , composition and capabilities of the single point of contact , including on the deployment of a single electronic case management system for the fulfilment of its tasks. ### the establishment or designation , organisation , tasks , composition and capabilities of member states’ single point of contact , including on the deployment of a single electronic case management system for the fulfilment of its tasks.


### the establishment , tasks , composition and capabilities of the single point of contact , including on the deployment of a single electronic case management system for the fulfilment of its tasks. ### the establishment , tasks , composition and capabilities of the single point of contact , including on the deployment and functioning of a single electronic case management system for the fulfilment of its tasks.


### (1) 'law enforcement authority' means any authority of the member states competent under national law for the purpose of preventing , detecting or investigating criminal offences; ### (1) 'law enforcement authority' means any authority of the member states competent under national law for the purpose of preventing , detecting or investigating criminal offences , such as national police , customs or other authority that is authorised by national law to detect , prevent and investigate serious or organised criminal activities.


### (1) 'law enforcement authority' means any authority of the member states competent under national law for the purpose of preventing , detecting or investigating criminal offences; ### (1) 'law enforcement authority' means police and border authority and any authority of the member states competent under national law for the purpose of preventing , detecting or investigating criminal offences;


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


### (4) 'available' information means information that is either held by the single point of contact or the law enforcement authorities of the requested member state , or information that those single points of contact or those law enforcement authorities can obtain from other public authorities or from private parties established in that member state without coercive measures; ### (4) 'available' information means information that is either held by the single point of contact or the law enforcement authorities of the requested member state , or information that those single points of contact or those law enforcement authorities can obtain from other public authorities or from private parties established in that member state without coercive measures , in compliance with regulation (eu) 2016/794;


### (4) 'available' information means information that is either held by the single point of contact or the law enforcement authorities of the requested member state , or information that those single points of contact or those law enforcement authorities can obtain from other public authorities or from private parties established in that member state without coercive measures; ### (4) 'available' information means information that is either held by the single point of contact or the law enforcement authorities of the requested member state , or information that those single points of contact or those law enforcement authorities can obtain from other public authorities or from private parties established in that member state without coercive measures under national law;


### (6) ‘personal data’ means personal data as defined in article 4 , point (1) of regulation (eu) 2016/679. ### (6) ‘personal data’ means personal data as defined in article 3 , point (2) of regulation (eu) 2016/794.


### (6) ‘personal data’ means personal data as defined in article 4 , point (1) of regulation (eu) 2016/679. ### (6) ‘personal data’ means personal data as defined in article 3 , point (1) of directive (eu) 2016/680.


### the conditions for requesting information from the single point of contact or the law enforcement authorities of other member states , and those for providing information to the single points of contact and the law enforcement authorities of other member states , are equivalent to those applicable for requesting and providing similar information from and to their own law enforcement authorities (‘principle of equivalent access’); ### the conditions for requesting and providing information from and to the single point of contact or the law enforcement authorities of other member states , and those for providing information to the single points of contact and the law enforcement authorities of other member states , are equivalent to those applicable for requesting and providing similar information from and to their own law enforcement authorities (‘principle of equivalent access’);