### 22. stresses , with a view to future cooperation , that despite recent reforms transparency remains a challenge both at the individual and the organisational level in interpol , as does a lack of available statistical information on the operation of its notices systems; encourages the commission , therefore , to take actions to ensure that interpol further develops the legal framework and substantive tools allowing consistent and transparent processing of requests , reviews , challenges , corrections and deletions; ### 22. stresses , with a view to future cooperation , that despite recent reforms transparency remains a challenge both at the individual and the organisational level in interpol , as does a lack of available statistical information on the operation of its notices systems; considers that the commission should only conclude the agreement once interpol has developed and implemented the legal framework substantive tools allowing consistent and transparent processing of requests , reviews , challenges , corrections and deletions;


### 23. calls on the commission , in the context of this agreement , to explore possible ways the esp could address the problem of politically-motivated red notices , which in practice would be one of tools that could prove effective against politically motivated red notice requests in some situations; ### 23. stresses that before concluding this agreement , the commission should develop and implement a legal and institutional framework for the way in which the esp addresses the problem of politically-motivated red notices , which in practice would be one of tools that could prove effective against politically motivated red notice requests in some situations;


### 24. notes the announcement by interpol’s secretary-general that it would implement enhanced monitoring measures to identify and prevent further abuse of interpol’s systems by russia; remains concerned , however , that monitoring alone will not fully mitigate the risks of russian abuse; stresses , therefore , that given the current special circumstances interpol should take immediate and firm measures to exclude the russian federation from the organisation; ### 24. notes the announcement by interpol’s secretary-general that it would implement enhanced monitoring measures to identify and prevent further abuse of interpol’s systems by russia; remains concerned , however , that monitoring alone will not fully mitigate the risks of russian abuse; stresses , therefore , that given the current special circumstances , including russia’s blatant breaches of international law and disregard for the rules based international system , interpol should take immediate and firm measures to exclude the russian federation’s access to interpol’s systems;


### 26. calls on the commission to report to parliament on the conduct and the outcome of the negotiations both on a regular basis and whenever requested by the council; ### 26. calls on the commission to report to parliament on the conduct and the outcome of the negotiations both on a regular basis and whenever requested by the council; recalls that parliament has consenting power to the conclusion of the envisaged cooperation agreement and that it should thus be closely involved in the negotiating process; calls on the commission to ensure that reporting to parliament is part of the monitoring and evaluation mechanisms foreseen in the cooperation agreement;


### b. enhance the preventive measures such as human rights risk assessment guidelines , the application of consistent human rights standards for processing red notices and diffusions , and enhanced check , review and monitoring systems and ex post scrutiny; ### b. enhance the preventive measures such as human rights risk assessment guidelines including a gender perspective , the application of consistent human rights standards for processing red notices and diffusions , and enhanced check , review and monitoring systems and ex post scrutiny;


### f. put a stop to politically motivated notices , including by more effectively imposing corrective action on member states that frequently break interpol’s rules. ### f. put a stop to politically motivated notices , including by more effectively imposing corrective action , including temporary suspension from interpol , on states that frequently break interpol’s rules.


### (7) to combat terrorism effectively , efficient exchange of information for investigation or prosecution of terrorist offences between competent authorities and union agencies is crucial. it is essential to have the most complete and updated information possible. the persistence of the terrorist threat and the complexity of the phenomenon raise the need for an ever greater exchange of information. ### (7) to combat terrorism effectively , efficient exchange of information for investigation or prosecution of terrorist offences between competent authorities and union agencies is crucial. it is essential to have the most complete , structured and updated information possible. the persistence of the terrorist threat and the complexity of the phenomenon raise the need for an ever greater exchange of information.


### (9) in order to enable eurojust to identify cross-links between cross-border judicial proceedings against suspects of terrorist offences as well as cross-links between judicial proceedings against suspects of terrorist offences and information processed at eurojust relating to other cases of serious crimes , it is essential that eurojust receives sufficient information to enable eurojust to cross-check this data. ### (9) in order to enable eurojust to identify cross-links between cross-border judicial proceedings against suspects of terrorist offences as well as cross-links between judicial proceedings against suspects of terrorist offences and information processed at eurojust relating to other cases of serious crimes , it is essential that eurojust receives , at the earliest possible stage , sufficient information to enable eurojust to cross-check this data.


### (12) for the identification of cross-links between terrorism investigations and judicial proceedings against suspects of terrorist offences , reliable identification data is crucial. due to the uncertainties regarding alphanumerical data especially for third country nationals , it should be possible to exchange biometric data. due to the sensitive nature of biometric data and the impact processing of biometric data has on the respect for private and family life and the protection of personal data , as enshrined in articles 7 and 8 of the charter of fundamental rights of the european union , a strict necessity test should be applied by the competent authorities and eurojust in each case. ### (12) for the identification of cross-links between terrorism investigations and judicial proceedings against suspects of terrorist offences , reliable identification data is crucial. due to the uncertainties regarding alphanumerical data especially for third country nationals , it should be possible to exchange biometric data. due to the sensitive nature of biometric data and the impact processing of biometric data has on the respect for private and family life and the protection of personal data , as enshrined in articles 7 and 8 of the charter of fundamental rights of the european union , those data should be transmitted only in cases where it is necessary for the identification of the data subject.


### (13) as information about existing cross-links to other judicial proceedings is most useful at an early stage of the investigation , it is necessary that the competent authorities provide information to eurojust as soon as judicial authorities are involved. if the competent national authorities are already aware of cross-links , they should inform eurojust accordingly. ### (13) as information about existing cross-links to other judicial proceedings is most useful at an early stage of the investigation , it is necessary that the competent authorities provide information to eurojust as soon as the case is referred to a judicial authority in accordance with national law. a case should be considered to be referred to a judicial authority when , for instance , the authority is informed of an ongoing investigation , approves or orders an investigation measure , or decides to prosecute , depending on the applicable national law. if the competent national authorities are already aware of cross-links , they should inform eurojust accordingly.


### (14) in order to ensure the accuracy of the data in the european judicial counter-terrorism register , to identify cross-links early and to ensure time limits are respected , the competent national authorities should update the information provided regularly. such updates should include new information relating to the person under investigation , judicial decisions such as pre-trial detention or opening of the court proceedings and judicial cooperation requests or identified links with other jurisdictions. ### (14) in order to ensure the accuracy of the data in the european judicial counter-terrorism register , to identify cross-links early and to ensure time limits are respected , the competent national authorities should update the information provided regularly. such updates should include new information relating to the person under investigation , developments in the proceedings and judicial decisions such as pre-trial detention or opening of the court proceedings and judicial cooperation requests or identified links with other jurisdictions.


### (15) given the sensitive nature of judicial proceedings against suspects of terrorist offences , it is not always possible for the competent national authorities to share the information on terrorist offences at the earliest stage. such derogations from the obligation to provide information should remain an exception. ### (15) given the sensitive nature of judicial proceedings against suspects of terrorist offences , it is not always possible for the competent national authorities to share the information on terrorist offences at the earliest stage. such derogations from the obligation to provide information should remain an exception. when considering a derogation , the fact that the information provided is covered by union law on protection of personal data and that eurojust is obligated to treat it accordingly should be taken into account while also ensuring the confidentiality of the judicial proceedings.


### (19) a modernized case management system is necessary for eurojust to process the sensitive personal data securely. the new system needs to integrate and enable the functionalities of the european judicial counter-terrorism register and improve the capacities of eurojust regarding link detection. ### (19) a modernized case management system is necessary for eurojust to process the sensitive personal data securely. the new system needs to integrate and enable the functionalities of the european judicial counter-terrorism register and improve the capacities of eurojust regarding link detection while taking , as a rule , full advantage of pre-existing and already-in- place national and union level mechanisms for comparing biometric data.


### (21) terrorist activities often affect two or more member states. terrorism already had a strong transnational component in the past. however , with the use and availability of electronic communication , transnational collaboration between terrorist offenders has increased significantly. therefore , terrorist offences should be considered per se transnational in their nature , if the specific circumstances of the case do not clearly indicate a purely national character. ### (21) terrorist activities often affect two or more member states. terrorism already had a strong transnational component in the past. however , with the use and availability of electronic communication , transnational collaboration between terrorist offenders has increased significantly. when a case is referred to a judicial body , the international nature of a terrorist offense might , however , not be discovered. through cross-checking , eurojust might be able to identify the transnational nature of a terrorist offense. that is why prosecution of terrorist offences require , as allowed for in article 85 tfeu , coordination and collaboration among prosecuting agencies or a prosecution on common bases. information on terrorism cases should therefore be exchanged with eurojust , unless the specific circumstances of the case clearly indicates a purely national character.


### (22) investigations and prosecutions in terrorism cases are often impeded by the lack of information exchange between national investigation and prosecution authorities. in order to be able to cross check new terrorist investigations also with previous investigations and establish potential links , it is necessary to store the data on any previous investigations , not only on convictions and to extend the time limits for storing data in the european judicial counter-terrorism register. however , it is necessary to ensure that such data is processed for prosecution purposes only. the information may not be used for anything else but identifying links with ongoing investigations and prosecutions and for the support of those investigations and prosecutions. ### (22) investigations and prosecutions in terrorism cases are often impeded by the lack of information exchange between national investigation and prosecution authorities. in order to be able to cross check new terrorist investigations also with previous investigations and establish potential links , it is necessary to adequately extend the time limits for storing the data on any previous investigations , not only on convictions and to extend the time limits for storing data in the european judicial counter-terrorism register. however , it is necessary to ensure that such data is processed for prosecution purposes only. the information may not be used for anything else but identifying links with ongoing investigations and prosecutions and for the support of those investigations and prosecutions. however , when the competent national authority determines that the processing of the data of acquitted or non-prosecuted persons is not required , including because of the particularities of the case or the grounds for the acquittal or non-prosecution , that data should be deleted after the decision on acquittal or non-prosecution becomes final.


### (24) while regulation (eu) 2018/1727 provides a legal basis for the cooperation and exchange of data with third countries , it does not contain any rules on the formal and technical aspects of the cooperation with third country liaison prosecutors seconded to eurojust , in particular their access to the case management system. in the interest of legal certainty , regulation (eu) 2018/1727 should provide an explicit legal basis for the cooperation between eurojust and the third country liaison prosecutors and their access to the eurojust case management system. eurojust should ensure adequate safeguards and security measures for the protection of data and fundamental rights through the technical setup and internal rules. ### (24) while regulation (eu) 2018/1727 provides a legal basis for the cooperation and exchange of data with third countries , it does not contain any rules on the formal and technical aspects of the cooperation with third country liaison prosecutors seconded to eurojust , in particular their access to the case management system. in the interest of legal certainty , regulation (eu) 2018/1727 should provide an explicit legal basis for the cooperation between eurojust and the third country liaison prosecutors and their access to the eurojust case management system. eurojust should ensure adequate safeguards and security measures for the protection of data and fundamental rights through the updated technical setup and strict internal rules.


### 2a. each member state shall designate a competent national authority as eurojust national correspondent for terrorism matters. this national correspondent for terrorism matters shall be a judicial or other competent authority. where the national legal system requires , more than one authority can be designated. the national correspondent for terrorism matters shall have access to all relevant information in accordance with article 21a(1). it shall be competent to collect such information and to send it to eurojust.; ### 2a. each member state shall designate a competent national authority as eurojust national correspondent for terrorism matters. this national correspondent for terrorism matters shall be a judicial or other competent authority. where the national legal system requires , more than one authority can be designated. the national correspondent for terrorism matters shall have access to all relevant information in accordance with article 21a(1). it shall be competent to collect such information and to send it to eurojust in compliance with the applicable data protection rules;


### paragraph 10 is deleted; ### paragraph 10 is replaced by the following:


### 1. the competent national authorities shall inform their national members of any ongoing or concluded criminal investigations supervised by judicial authorities , prosecutions , court proceedings and court decisions on terrorist offences as soon as judicial authorities are involved. ### 1. the competent national authorities shall inform their national members of any ongoing or concluded criminal investigations supervised by judicial authorities , prosecutions , court proceedings and court decisions on terrorist offences at the earliest possible stage , in accordance with national law.


### 3. the information transmitted in accordance with paragraph 1 shall include the operational personal data and non-personal data listed in annex iii. ### 3. the information transmitted in accordance with paragraph 1 shall include the operational personal data and non-personal data listed in annex iii. however , personal data referred to in annex iii , point d , shall only be included if such data is held by or may be shared with the relevant national authorities under applicable national law and if its transmission is required to accurately identify a person referred to in article 27(5).


### 4. the competent national authorities shall inform their national member without delay about any relevant changes in the national proceedings. ### 4. the competent national authorities shall inform their national member without delay about any relevant changes in the national proceedings. that obligation shall not apply , however , where the sharing of information would jeopardise current investigations or the safety of an individual , or when it would be contrary to essential interests of the security of the member state concerned.


### 2. where exchange of information in accordance with paragraph 1 is not possible due to the unavailability of the decentralised it system or due to exceptional circumstances , it shall be carried out by the swiftest , most appropriate alternative means. member states and eurojust shall ensure that the alternative means of communication are reliable and provide an equivalent level of security. ### 2. where exchange of information in accordance with paragraph 1 is not possible due to the unavailability of the decentralised it system or due to exceptional circumstances , it shall be carried out by the swiftest , most appropriate alternative means. member states and eurojust shall ensure that the alternative means of communication are reliable and provide an equivalent level of security and data protection.


### 3. the competent national authorities shall transmit the information in accordance with articles 21 and 21a to eurojust in a semi-automated manner from national registers and in a structured way determined by eurojust. ### 3. the competent national authorities shall transmit the information in accordance with articles 21 and 21a to eurojust in a semi-automated manner from national registers and in a structured way determined by the european commission , in consultation with eurojust , by means of an implementing act , pursuant to articles 22b and 22c. in particular , that implementing act shall determine the format of and necessary safeguards with respect to transmission of data referred to in annex iii , point d.


### the national members may , however , temporarily store and analyse personal data for the purpose of determining whether such data are relevant to eurojust’s tasks and can be included in the operational data management system. that data may be held for up to three months. ### the national members may , however , temporarily store and analyse personal data for the purpose of determining whether such data are relevant to eurojust’s tasks and can be included in the case management system. that data may be held for up to three months.


### 3. the national member shall indicate , in general or specific terms , any restrictions on the further handling , access and transfer of the information if a cross-link referred to in article 23(2) , point (c) , has been identified. ### 3. the national member shall indicate and justify , in general or specific terms , any restrictions on the further handling , access and transfer of the information if a cross-link referred to in article 23(2) , point (c) , has been identified.


### 1. in so far as they are connected to the case management system , persons referred to in article 20(3) shall only have access to: ### 1. persons referred to in article 20(3) points (a) , (b) and (c) , shall have access to:


### data controlled by the national member of their member state , unless the national member , who has decided to introduce the data in the case management system , expressly denied such access; ### data controlled by the national member of their member state;


### 2. the national member shall , within the limitations provided for in paragraph 1 of this article , decide on the extent of access , which is granted in their member state to the persons referred to in article 20(3) in so far as they are connected to the case management system. ### 2. the national member shall , within the limitations provided for in paragraph 1 of this article , decide on the extent of access ,which is granted in their member state to the persons referred to in article 20(3) , points (a) , (b) and (c).


### 3. each member state shall decide , after consultation with its national member , on the extent of access , which is granted in that member state to the persons referred to in article 20(3) in so far as they are connected to the case management system. ### 3. each member state shall decide , after consultation with its national member , on the extent of access , which is granted in that member state to the persons referred to in article 20(3) , points (a) , (b) and(c).


### eurojust may continue to process the operational personal data referred to in point (a) of the first subparagraph also after the proceedings have been concluded under the national law of the member state concerned , even in case of an acquittal. where the proceedings did not result in a conviction , processing of personal data may only take place in order to identify links with other ongoing or concluded investigations and prosecutions as referred to in article 23(2) , point (c).; ### unless the competent national authority decides otherwise , on a case-by-case basis , eurojust may continue to process the operational personal data referred to in point (a) of the first subparagraph also after the proceedings have been concluded under the national law of the member state concerned , even in case of an acquittal. where the proceedings did not result in a conviction , processing of personal data may only take place in order to identify links with other ongoing or concluded investigations and prosecutions as referred to in article 23(2) , point (c);


### 5 years after the date on which the judicial decision of the last of the member states concerned by the investigation or prosecution became final , 3 years in case of an acquittal.; ### 5 years after the date on which the judicial decision of the last of the member states concerned by the investigation or prosecution became final , 3 years in case of indictment withdrawal , an acquittal or final decision of non-prosecution;


### 3. liaison prosecutors seconded to eurojust shall be granted access to the case management system for the secure exchange of data. ### 3. liaison prosecutors seconded to eurojust shall be granted access to the case management system for the secure exchange of data but eurojust remains liable for the personal data processing.


### kuwait (*)(**)” ### kuwait (*)(**)(***)”


### qatar (*)(**)” ### qatar (*)(**)(***)”


### (5) apart from the information in relation to financial services , capital markets and sustainability that has to be made public under union law , investors , market participants , advisors and the public at large may have an interest in obtaining other information that an entity wants to make accessible. small and medium-sized enterprises may want to make more information publicly accessible in order to become more visible to potential investors and thereby increase funding and diversify funding opportunities. also , market participants may want to provide more information than that required by law or to make public the information required by national law but not available at union level in order to complement the information provided to the public at the union level. any entity should therefore be allowed to make financial , sustainability-related and other relevant information accessible on esap. pursuant to the principle of data minimisation , entities should ensure that no personal data are included , except where those data constitute a necessary element of the information about their economic activities , including when the name of the entity coincides with the name of the owner. where such information contains personal data , the entities should ensure that they can rely for such disclosure on one of the lawful grounds of processing laid down in article 6 of regulation (eu) 2016/679 of the european parliament and of the council26 . ### (5) apart from the information in relation to financial services , capital markets and sustainability that has to be made public under union law , investors , market participants , advisors , academia and the public at large may have an interest in obtaining other information that an entity wants to make accessible. small and medium-sized enterprises , that are not subject to the mandatory disclosure requirements under union law , may want to make more information publicly accessible in order to become more visible to potential investors and thereby increase funding and diversify funding opportunities. also , market participants may want to provide more information than that required by law or to make public the information required by national law but not available at union level in order to complement the information provided to the public at the union level. any entity should therefore be allowed to make financial , sustainability-related and other relevant information accessible on esap. such voluntary submission should , nonetheless , be subject to the same format and data quality requirements so as not to jeopardise the integrity of the esap. moreover , entities that are not subject to mandatory reporting , in accordance with the union law listed in the annex to this regulation , that choose to voluntarily submit information corresponding to that due under union law , should ensure that they submit a complete data set to facilitate comparison and contextualise the data.


### (6) the objective of the european securities and markets authority (esma) is to protect the public interest by contributing to the stability and effectiveness of the financial system for the union economy , its citizens and businesses. in that context , esma is to contribute in particular to ensure the integrity , transparency , efficiency and orderly functioning of financial markets. it has , amongst others , the task to improve investor protection. because of those reasons , esma should be given the task of establishing and operating esap. ### (6) the objective of the european securities and markets authority (esma) is to protect the public interest by contributing to the stability and effectiveness of the financial system for the union economy , its citizens and businesses. in that context , esma is to contribute in particular to ensure the integrity , transparency , efficiency and orderly functioning of financial markets. it has , amongst others , the task to improve investor protection. because of those reasons , esma should be given the task of establishing , operating and controlling esap.


### (10) re-using information that is available on esap can improve the functioning of the internal market and promote the development of new services that combine and make use of such information. it is therefore necessary , where justified on grounds of a public interest objective , to allow re-use of the information that is available on esap for purposes other than the purposes for which the information was drawn up. however , the use and re-use of that information should be subject to objective , proportionate and non-discriminatory conditions. for that purpose , conditions corresponding to those laid down in open , standard licences within the meaning of directive (eu) 2019/1024 of the european parliament and of the council27 should apply. the licensing terms of those standard licences should allow for data and content to be freely accessible , used , modified and shared by anyone for any purpose. esma should bear no liability for the use and re-use of information accessible on esap. the submission of information by the collection bodies should either not be subject to conditions or be subject to an open standard licence enabling the licensing terms applying for information accessible in the esap. ### (10) re-using information that is available on esap can improve the functioning of the internal market and promote the development of new services that combine and make use of such information. it is therefore necessary , where justified on grounds of a public interest objective , to allow re-use of the information that is available on esap for purposes other than the purposes for which the information was drawn up. however , the use and re-use of that information should be subject to objective , proportionate and non-discriminatory conditions. for that purpose , conditions corresponding to those laid down in open , standard licences within the meaning of directive (eu) 2019/1024 of the european parliament and of the council27 should apply. the licensing terms of those standard licences should allow for data and content to be freely accessible , used , modified and shared by anyone for any purpose. esma should bear no liability for the re-use of information accessible on esap. the submission of information by the collection bodies should either not be subject to conditions or be subject to an open standard licence enabling the licensing terms applying for information accessible in the esap.


### (10) re-using information that is available on esap can improve the functioning of the internal market and promote the development of new services that combine and make use of such information. it is therefore necessary , where justified on grounds of a public interest objective , to allow re-use of the information that is available on esap for purposes other than the purposes for which the information was drawn up. however , the use and re-use of that information should be subject to objective , proportionate and non-discriminatory conditions. for that purpose , conditions corresponding to those laid down in open , standard licences within the meaning of directive (eu) 2019/1024 of the european parliament and of the council27 should apply. the licensing terms of those standard licences should allow for data and content to be freely accessible , used , modified and shared by anyone for any purpose. esma should bear no liability for the use and re-use of information accessible on esap. the submission of information by the collection bodies should either not be subject to conditions or be subject to an open standard licence enabling the licensing terms applying for information accessible in the esap. ### (10) re-using information that is available on esap can improve the functioning of the internal market and promote the development of new services that combine and make use of such information. it is therefore necessary to allow re-use of the information that is available on esap for purposes other than the purposes for which the information was drawn up , unless it is justified on grounds of a public interest objective to place conditions on the use and re-use of that information. these conditions should be subject to objective , proportionate and non-discriminatory conditions. for that purpose , conditions corresponding to those laid down in open , standard licences within the meaning of directive (eu) 2019/1024 of the european parliament and of the council27 should apply. the licensing terms of those standard licences should allow for data and content to be freely accessible , used , modified and shared by anyone for any purpose. esma should bear no liability for the use and re-use of information accessible on esap. the submission of information by the collection bodies should either not be subject to conditions or be subject to an open standard licence enabling the licensing terms applying for information accessible in the esap.


### (13) to promote data-driven innovation in finance , help integrate capital markets in the european union , channel investments into sustainable activities , and bring efficiencies for consumers and businesses , esap should improve access to information that include personal data. esap should , however , only improve access to those personal data that have to be processed pursuant to union law , or that are processed voluntarily provided that there is a lawful ground for such processing pursuant to regulation (eu) 2016/679 of the european parliament and of the council. for any processing of personal data in the context of providing information via esap , the collection bodies , and esma in its capacity as operator of esap , should ensure that regulation (eu) 2016/679 and regulation (eu) 2018/1725 of the european parliament and of the council28 are complied with. ### (13) to promote data-driven innovation in finance , help integrate capital markets in the european union , channel investments into sustainable activities , and bring efficiencies for consumers and businesses , esap should improve access to information that include personal data. esap should , however , only improve access to those personal data that have to be processed pursuant to union law , or that are processed voluntarily provided that there is a lawful ground for such processing pursuant to regulation (eu) 2016/679 of the european parliament and of the council. for any processing of personal data in the context of providing information via esap , the collection bodies , and esma in its capacity as controller of esap , should ensure that regulation (eu) 2016/679 and regulation (eu) 2018/1725 of the european parliament and of the council28 are complied with.


### (14) the european data protection supervisor was consulted in accordance with article 42(1) of regulation (eu) 2018/1725 and delivered an opinion on [insert date]. ### (14) the european data protection supervisor was consulted in accordance with article 42(1) of regulation (eu) 2018/1725 and delivered an opinion on 19 january 2022.


### (16) in order for the information to be comparable over time , users should have access to past information. it is therefore necessary to require esap to provide access to information for a reasonable period of time , to the extent compatible with other applicable provisions of union law. for that purpose , esma should ensure that no personal data are made accessible for longer than necessary as provided for under union law. in order to enable esma and the collection bodies to prepare the operation of esap , esap should only provide access to the information submitted as from 1 january 2024. ### (16) in order for the information to be comparable over time , users should have access to past information. it is therefore necessary to require esap to provide access to information for a reasonable period of time , to the extent compatible with other applicable provisions of union law. for that purpose , esma should ensure that no personal data are made accessible for longer than necessary as provided for under union law. in order to enable esma and the collection bodies to prepare the operation of esap , esap should only provide access to the information currently available as from 1 january 2024.


### (16) in order for the information to be comparable over time , users should have access to past information. it is therefore necessary to require esap to provide access to information for a reasonable period of time , to the extent compatible with other applicable provisions of union law. for that purpose , esma should ensure that no personal data are made accessible for longer than necessary as provided for under union law. in order to enable esma and the collection bodies to prepare the operation of esap , esap should only provide access to the information submitted as from 1 january 2024. ### (16) in order for the information to be comparable over time , users should have access to past information. it is therefore necessary to require esap to provide access to information for a reasonable period of time , to the extent compatible with other applicable provisions of union law. for that purpose , esma should ensure that no personal data are made accessible for longer than necessary as provided for under union law. in order to enable esma and the collection bodies to prepare the operation of esap , esap should only provide access to the information submitted as from 1 january 2025.


### 2. esap shall not provide access to information submitted before 1 january 2024. ### deleted


### 2. esap shall not provide access to information submitted before 1 january 2024. ### 2. esap shall not provide access to information submitted before 1 january 2025.


### 1. any natural or legal person may submit to a collection body the information referred to in article 1(1) , point (b) to make that information accessible on esap. when submitting that information , the natural or legal person shall: ### 1. any natural or legal person may submit to a collection body the information referred to in article 1(1) to make that information accessible on esap. when submitting that information , the natural or legal person shall:


### ensure that no personal data are included , except where the personal data constitute a necessary element of the information about its economic activities. ### ensure that no personal data are included , except where the personal data constitute a necessary element of the information about its economic activities , including when the name of the entity coincides with the name of the owner. if personal data is justifiably included , this shall be specified.


### 3. where the information referred to in paragraph 1 contains personal data , entities shall ensure that the processing relies on one of the lawful grounds of processing listed in article 6(1) of regulation (eu) 2016/679 of the european parliament and of the council. this regulation does not create a legal basis for the processing of personal data by those entities. ### 3. where the information referred to in paragraph 1 contains personal data , entities shall ensure that the processing relies on one of the lawful grounds of processing listed in article 6(1) of regulation (eu) 2016/679 of the european parliament and of the council. in particular , consent cannot be considered as a legal basis to submit information containing personal. this regulation does not create a legal basis for the processing of personal data by those entities.


### 4. entities shall ensure the accuracy of the information they submit to the collection bodies. ### 4. entities subject to mandatory reporting shall be responsible for ensuring the accuracy of the information submitted owing to their legal obligations under the relevant union law listed in the annex to this regulation or national law.


### 1. esma shall perform automated validations to verify compliance of the information submitted by the collection bodies with the requirements laid down in article 5(1) , point (b). ### 1. esma shall perform validations , where possible in an automated manner , to verify compliance of the information submitted by the collection bodies with the requirements laid down in article 5(1) , point (b).


### by [po , please insert a date 5 years after the entry into force of this regulation] , the commission shall review the functioning of esap and assess its effectiveness. the commission shall report to the european parliament and to the council on the results of this review. ### by [po , please insert a date 5 years after the entry into force of this regulation] , the commission shall , taking into account the annual reports referred to in article 12 , review the functioning of esap and assess its effectiveness , including:


### (3) esap should provide the public with an easy centralised access to information about entities and their products that is made public in relation to financial services , capital markets and sustainability. esap should also provide access to information relevant to financial services and capital markets that is made public on a voluntary basis by any entity governed by the law of a member state , where such entity chooses to make that information accessible on esap. as presented in the digital finance strategy , esap should be established as from 2024. ### (3) esap should provide the public with an easy centralised access to information about entities and their products that is made public in relation to financial services , capital markets and sustainability. esap should also provide access to information relevant to financial services and capital markets that is made public on a voluntary basis by any entity governed by the law of a member state , where such entity chooses to make that information accessible on esap. esap should be established as from 2025. it should also allow for more retail-oriented accessibility of relevant information in order to meet growing demand for quality information , in particular when it comes to sustainability. that should translate into an interface that is as user-friendly as possible , with a high degree of data comparability , and search criteria that are relevant to retail investors.


### (4) the information to be made publicly accessible on esap should be collected by collection bodies designated for the purpose of collecting the information that the entities are under an obligation to make public. in order to ensure the efficient functioning of esap , the collection bodies should make the information available to esap in automated ways through a single application programming interface. for the information to be digitally usable , entities should make such information available in a data extractable format or , where required by union law , in a machine-readable format. compared to data extractable formats , machine-readable formats are file formats structured so that software applications can easily identify , recognise and extract specific data , including individual statements of fact , and their internal structure. to ensure that entities submit the information in the correct format and to address possible technical issues encountered by the entities , the collection bodies should provide assistance to those entities. ### (4) the information to be made publicly accessible on esap should be collected by collection bodies designated for the purpose of collecting the information that the entities are under an obligation to make public. in order to ensure the efficient functioning of esap , the collection bodies should make the information available to esap in automated ways through a single application programming interface. for the information to be digitally usable and searchable , entities should make such information available in a data extractable format or , where required by union law , in a machine-readable format. compared to data extractable formats , machine-readable formats are file formats structured so that software applications can easily identify , recognise and extract specific data , including individual statements of fact , and their internal structure. to ensure that entities submit the information in the correct format and to address possible technical issues encountered by the entities , the collection bodies should provide technical assistance to those entities.


### (12) esap should provide users with access to information for free and without discrimination and should make it possible for those users to search , access and download the information through esap. however , taking into account the need to protect esma from an excessive financial burden in relation to costs incurred for serving the needs of intensive users , if any , esma should have the ability to generate revenues. therefore , by way of derogation from the principle that information should be accessible free of charge , esma should be allowed to impose fees for those specific services , including for services with high maintenance costs due to searches for very large volumes of information or to frequent access to esap. any fees imposed should , however , not exceed the cost of the service provided. ### (12) esap should provide users with access to information for free and without discrimination and should make it possible for those users to search , access and download the information through esap. however , taking into account the need to protect esma from an excessive financial burden in relation to costs incurred for serving the needs of intensive users , if any , esma should have the ability to generate revenues. therefore , by way of derogation from the principle that information should be accessible free of charge , esma should be allowed to impose fees for those specific services , including for services with high maintenance costs due to searches for and downloads of very large volumes of information or to frequent access to esap. public bodies , academic institutions , and civil society organisations should not be subject to fees. the calculation of fees should be transparent and based on clear principles. any fees imposed should , however , not exceed the cost of the service provided.


### (17) to ensure a smooth processing of the information received or drawn-up by the collection bodies and made available to esap , it is necessary to lay down certain requirements specifying the format and the metadata of that information and which collection bodies should collect such information. in order to ensure the quality of the information submitted to esap by the collection bodies , it is also necessary to define the characteristics of the automated validations to be carried out on each information reaching the collection bodies , and the characteristics of the qualified electronic seal to be attached to that information by the entities. to ensure the use and re-use of data on esap , a list of the designated open standard licences would need to be defined. to facilitate the searching , finding , retrieving of the data in a timely manner , the characteristics of the application programming interface and the metadata to be implemented will also need to be designed. additional requirements as regards efficient search functions will need to be implemented such as the specific legal entity identifier , the classification of the type of information , and the categories of the size of the entities. to that purpose , the joint committee of the european supervisory authorities should develop draft implementing technical standards. additionally , esma might develop draft implementing technical standards to determine the nature and extent of the specific services for which fees may be charged and the associated fee structure. the commission should be empowered to adopt those implementing technical standards by means of implementing acts pursuant to article 291 tfeu and in accordance with article 15 of regulation (eu) no 1093/2010 of the european parliament and of the council30 , no 1094/2010 of the european parliament and of the council31 and no 1095/2010 of the european parliament and of the council32 . ### (17) to ensure a smooth processing of the information received or drawn-up by the collection bodies and made available to esap , it is necessary to lay down certain clear and detailed requirements specifying the format and the metadata of that information and which collection bodies should collect such information. in order to ensure the quality of the information submitted to esap by the collection bodies , it is also necessary to define the characteristics of the automated validations to be carried out on each information reaching the collection bodies , and the characteristics of the qualified electronic seal to be attached to that information by the entities. to ensure the use and re-use of data on esap , a list of the designated open standard licences would need to be defined. to facilitate the searching , finding , retrieving of the data in a timely manner , the characteristics of the application programming interface and the metadata to be implemented will also need to be designed. additional requirements as regards efficient search functions will need to be implemented such as the specific legal entity identifier , the classification of the type of information , and the categories of the size of the entities. to that purpose , the joint committee of the european supervisory authorities should develop draft implementing technical standards. in respect of standards concerning sustainability information , the joint committee of the european supervisory authorities should consult the european financial reporting advisory group (efrag) on the development of these draft implementing standards , in particular on standards defining requirements for the accessibility formats of sustainability information. all standards should seek to make esap future-proof and consider potential interoperability at a global level in the future , thus should draw upon global standards and best practices where relevant. additionally , esma might develop draft implementing technical standards to determine the nature and extent of the specific services for which fees may be charged and the associated fee structure. to ensure full transparency of the cases when fees may be charged , esma should make public and easily available on esap the thresholds of volumes of information and the frequencies above which those fees apply. the commission should be empowered to adopt those implementing technical standards by means of implementing acts pursuant to article 291 tfeu and in accordance with article 15 of regulation (eu) no 1093/2010 of the european parliament and of the council30 , no 1094/2010 of the european parliament and of the council31 and no 1095/2010 of the european parliament and of the council32 .


### esma may , however , charge fees for specific services that involve searches for a very large volume of information or for frequently updated information. those fees shall not exceed the cost incurred by esma for the provision of the service. ### esma may , however , charge fees for specific services that involve searches and downloads for a very large volume of information or for frequently updated information , except when those services are used by civil society organisations , public bodies and academic institutions. those fees shall not exceed the cost incurred by esma for the provision of the service.


### (7) in order to enable entities and the public to identify the collection bodies providing information to esap , esma should publish on its website a list of the collection bodies and keep it up to date. ### (7) in order to enable entities and the public to identify the collection bodies providing information to esap , esma should publish on its website a list of the collection bodies and keep it up to date. the designation of collection bodies should be at the discretion of member states but should respect the “file-once principle”.


### (8) esap risks being subject to confidentiality breaches , integrity risks or risks on availability of the system and on the information processed therein. those threats include accidents , errors , deliberate attacks and natural events , and need to be recognised as operational risks. esma should implement appropriate and proportionate policies to ensure that esap protects the information processed and functions as needed. ### (8) esap risks being subject to confidentiality breaches , integrity risks or risks on availability of the system and on the information processed therein. those threats include accidents , errors , deliberate attacks and natural events , and need to be recognised as operational risks. esma , and the collection bodies , should implement appropriate and proportionate policies to ensure that the protection of the information processed and functions as needed.


### (9) to facilitate the searching , finding , retrieving and use of data , esma should ensure that esap offers a set of functionalities , including a search function , machine translation and possibilities to extract the information. the search functions should be offered in all the official languages of the union and build at least on the metadata provided pursuant to the directives and regulations listed in the annex. by 31 december 2024 , esma should ensure that esap provides users with a minimum set of functionalities , to be completed by 31 december 2025. ### (9) to facilitate the searching , finding , retrieving and use of data , esma should ensure that esap offers a set of functionalities , including a search function , machine translation and possibilities to extract the information. the search functions should be offered in all the official languages of the union and build at least on the metadata provided pursuant to the directives and regulations listed in the annex. by 31 december 2025 , esma should ensure that esap provides users with a minimum set of functionalities , to be completed by 31 december 2026.


### (15) in order to build and maintain public trust in esap and to protect each entity from undue alteration of its information , esap should ensure data integrity and credibility of the source of the information submitted to the collection bodies. therefore , information submitted by the entities should include a qualified electronic seal attached to the information submitted as defined in article 3(20) , of regulation (eu) no 910/2014 of the european parliament and of the council29 . a specific legal entity identifier may be a mandatory attribute of that certificate. that seal or signature acquired by esap should be made available to users. ### (15) in order to build and maintain public trust in esap and to protect each entity from undue alteration of its information , esap should ensure data integrity and credibility of the source of the information submitted to the collection bodies. therefore , information submitted by the entities should include a qualified electronic seal attached to the information submitted as defined in article 3(20) , of regulation (eu) no 910/2014 of the european parliament and of the council29 . a specific legal entity identifier may be a mandatory attribute of that certificate. that seal or signature acquired by esap should be made available to users. where available , the legal entity identifier should be based on a globally recognised standard in order to facilitate interoperability.


### 1. by 31 december 2024 , the european securities and markets authority (esma) shall establish and operate a european single access point (“esap”) providing centralised electronic access to the following information: ### 1. by 31 december 2025 , the european securities and markets authority (esma) shall establish and operate a european single access point (“esap”) providing centralised electronic access to the following information:


### (7) ‘metadata’ means structured information that makes it easier to retrieve , use , or manage an information resource , including by describing , explaining , or locating that information resource. ### (7) ‘metadata’ means structured information that makes it easier to retrieve , use , contextualise or manage an information resource , including by describing , explaining , or locating that information resource.


### use a data extractable format for drawing up that information; ### use , at least , a data extractable format for drawing up that information;


### 5. as regards the information falling under this regulation , the collection bodies shall not exercise the right of the maker of a database , referred to in article 7(1) of directive 96/9/ec of the european parliament and of the council33 , to prevent or restrict the re-use of the contents of the database or to restrict re-use of those contents. ### 5. as regards the information falling under this regulation , the collection bodies shall not exercise the right of the maker of a database , referred to in article 7(1) of directive 96/9/ec of the european parliament and of the council33 , or any other intellectual property rights , in a way that prevents or restricts the use and re-use of the contents of the database pursuant to article 9.


### the legal entity identifier of the entity that submitted the information; ### the legal entity identifier of the entity that submitted the information and , where applicable , the legal entity identifier of its subsidiaries;


### the type of information submitted by the entity that submitted the information; ### the type of information submitted by the entity;


### 2. esma shall implement appropriate technical processes to automatically notify a collection body that the information submitted does not comply with the requirements laid down in article 5(1) , point (b). ### 2. esma shall implement appropriate technical processes to automatically notify a collection body that the information submitted does not comply with the requirements laid down in article 5(1) , point (b). the collection body shall notify the submitting entity of the rejection and the reasons for in accordance with article 2(2) , subparagraph 2.


### 28. notes that the supervisor does currently not use the interinstitutional transparency register but that the agenda , recorded meetings and the interventions of the supervisor , including meetings with interest representatives are published on the supervisor’s website; further notes with satisfaction that the supervisor has announced plans to explore the option of using the transparency register in the context of reviewing of transparency related policies , taking into account the institutional independence and the specificities of the organisation , in particular its small size; ### 28. notes that the supervisor does currently not use the interinstitutional transparency register but that the agenda , recorded meetings and the interventions of the supervisor , including meetings with interest representatives are published on the supervisor’s website; calls on the supervisor to finalise its internal analysis of the available options and to join the interinstitutional agreement on a mandatory transparency register;


### 32. appreciates that the supervisor continues to pilot and showcase the use of open source tools in order to prevent vendor lock-in , retain control over technical systems , provide stronger safeguards for user’s privacy and data protection , and increase security and transparency for the public , as an alternative to proprietary tools ; encourages the supervisor to communicate such considerations to other union institutions; ### 32. notes that the supervisor continues to pilot and showcase the use of open source tools as an alternative to proprietary tools;


### 45. appreciates that the edps is leading by example in joining decentralised social networks , such as mastodon , as an alternative to the concentration of personal data by very large online platforms; ### deleted


### 1. highlights the role of international investigative journalism and whistleblowers in exposing tax avoidance and evasion , corruption , organised crime and money laundering; deems it necessary to further protect the confidentiality of the sources of investigative journalism , including whistleblowers; ### 1. highlights the role of international investigative journalism and whistleblowers in exposing tax avoidance and evasion , corruption , organised crime and money laundering; regrets that the obligation repeatedly falls on journalists and whistleblowers to identify and expose the loopholes in the international tax and money laundering and terrorist financing frameworks;


### 1. denounces the existence of a shadowy offshore financial system with offices all over the world , which is allowing enrichment at the public’s expense; ### 1. denounces the existence of a shadowy offshore financial system with offices all over the world , which is allowing enrichment of already most powerful and richest at the public’s expense;


### b. whereas the pandora papers revealed how high-net-worth individuals , including politically exposed persons , criminals , public officials and celebrities , are assisted by intermediaries , such as banks , accountants and law firms , in designing complex corporate structures registered in secrecy jurisdictions or tax havens in close cooperation with offshore professional service providers in order to shield income and assets from taxation and possibly launder money; ### b. whereas the pandora papers revealed how high-net-worth individuals , including politically exposed persons , criminals , public officials and celebrities , are assisted by intermediaries , such as banks , accountants and law firms , in designing complex corporate structures registered in secrecy jurisdictions or tax havens in close cooperation with offshore professional service providers in order to shield income and assets from taxation , sanctions and other legal obligations and to enable money laundering and terrorist financing;


### 2. emphasises that the practices brought to light by the pandora papers revelations have a severe impact on the fiscal space of developing countries; ### 2. emphasises that the practices brought to light by the pandora papers revelations have an especially severe impact on the fiscal space and public expenditure of developing countries;


### 3. considers that tax avoidance by multinationals and the existence of tax havens offering no or extremely low effective tax rates are heavily detrimental to the fair collection of tax in countries in the global south; ### 3. considers that tax avoidance by multinationals and the existence of tax havens offering no or extremely low effective tax rates are heavily detrimental to the fair collection of tax which is detrimental to the rest of society; highlights that the ability to hide money has a direct impact on people’s life: it affects access to education , to health , to a home , among others , and especially in developing countries;


### 3. considers that tax avoidance by multinationals and the existence of tax havens offering no or extremely low effective tax rates are heavily detrimental to the fair collection of tax in countries in the global south; ### 3. considers that tax avoidance by multinationals , as well as by some of the world’s richest and most powerful people , including current and former presidents , prime ministers and heads of state , and the existence of tax havens offering no or extremely low effective tax rates are heavily detrimental to the fair collection of tax in countries in the global south;


### 4. emphasises the structural implications of the tax avoidance practices of both multinationals and individuals for developing countries’ fiscal capacities and mid to long-term growth prospects; highlights the increase in inequality and poverty caused by the lack of fiscal space as a result of tax avoidance; ### 4. emphasises the structural implications of the tax avoidance practices of both multinationals and individuals for developing countries’ fiscal capacities and mid to long-term growth prospects; highlights the increase in inequality and poverty caused by tax avoidance;


### 5. recalls that the upcoming global corporate minimum tax will define a fixed baseline for corporate taxation , thereby combating corporate tax avoidance , and calls for the resulting fiscal capacities to be used to build resilient , sustainable and equal societies; calls for international cooperation on the corporate minimum tax to be utilised in such a way as to introduce better transparency measures for the prosecution of tax avoiders; ### 5. welcomes and encourages the further effort to building on the global corporate minimum tax that will define a fixed baseline for corporate taxation , thereby combating corporate tax avoidance , and calls for the resulting fiscal capacities to be used to build more resilient , sustainable and equal societies; calls for international cooperation on the corporate minimum tax to be utilised in such a way as to introduce better transparency measures for the prosecution of tax avoiders; calls on the eu mss to live up to the ambition and give their political backing to this global project;


### third-country nationals who are long-term residents under council directive 2003/109/ec56 , persons deriving their right to reside from other instruments of union or national law or who hold national long-term visas , as well as their respective family members; ### third-country nationals who are long-term residents under council directive 2003/109/ec56 , persons deriving their right to reside from other instruments of union or national law or who hold national long-term visas , as well as their respective family members and those third-country nationals fulfilling the entry conditions set out in article 6(1);


### 1. this article shall apply to situations where the european centre for disease prevention and control or the commission identify the existence in one or more third countries of an infectious disease with epidemic potential as defined by the relevant instruments of the world health organization. ### 1. this article shall apply to situations where the european centre for disease prevention and control or the health emergency preparedness and response authority identify the existence in one or more third countries of an infectious disease with epidemic potential as defined by the relevant instruments of the world health organization.


### iv) are carried out , where appropriate , on the basis of monitoring and surveillance technologies generally used in the territory , for the purposes of addressing threats to public security or public policy as set out under ii); ### iv) are carried out , where appropriate , on the basis of monitoring and surveillance technologies generally used in the territory , in line with national legislation , for the purposes of addressing threats to public security or public policy as set out under ii);


### e) checks for security purposes of passenger data against relevant databases on persons traveling in the area without controls at internal borders which can be carried out by the competent authorities under the applicable law. ### deleted


### e) checks for security purposes of passenger data against relevant databases on persons traveling in the area without controls at internal borders which can be carried out by the competent authorities under the applicable law. ### e) checks for security purposes of passenger data against relevant databases established under union law on persons traveling in the area without controls at internal borders which can be carried out by the competent authorities under the applicable law.


### 2. the competent authorities of the member state may , based on a finding that the third country national concerned has no right to stay on its territory , decide to immediately transfer the person to the member state from which the person entered or sought to enter , in accordance with the procedure set out in annex xii. ### 2. the competent authorities of the member state may , based on a finding that the third country national concerned has no right to stay on its territory , decide to immediately transfer the person to the member state from which the person entered or sought to enter , in accordance with the procedure set out in annex xii. this transfer is without prejudice to article 6(3) of directive 2008/115/ec.


### activities relating to terrorism or organised crime; ### identified threats relating to terrorism or organised crime;


### a situation characterised by large scale unauthorised movements of third-country nationals between the member states , putting at risk the overall functioning of the area without internal border control; ### an exceptional situation characterised by large scale unauthorised movements of third-country nationals between the member states , putting at risk the overall functioning of the area without internal border control;


### 3. where the same threat continues to persist , border controls at internal borders may be prolonged in accordance with articles 25a , 28 or 29. ### deleted


### 2. the member state shall , at the same time as reintroducing border control under paragraph 1 , notify the commission and the other member states of the reintroduction of border controls , in accordance with article 27(1). ### 2. the member state shall , at the same time as reintroducing border control under paragraph 1 , notify the commission , parliament , and the other member states of the reintroduction of border controls , in accordance with article 27(1).


### 2. the member state shall , at the same time as reintroducing border control under paragraph 1 , notify the commission and the other member states of the reintroduction of border controls , in accordance with article 27(1). ### 2. the member state shall , at the same time as reintroducing border control under paragraph 1 , notify the commission , parliament and the other member states of the reintroduction of border controls , in accordance with article 27(1).


### 5. for the purposes of paragraph 4 , and without prejudice to article 27a(4) , border control at internal borders may be reintroduced for a period of up to six months. where the serious threat to public policy or internal security persists beyond that period , the member state may prolong the border control at internal borders for renewable periods of up to six months. ### 5. for the purposes of paragraph 4 , and without prejudice to article 27a(4) , border control at internal borders may be reintroduced for a period of up to three months. where the serious threat to public policy or internal security persists beyond that period , the member state may prolong the border control at internal borders for renewable periods of up to three months.


### 5. for the purposes of paragraph 4 , and without prejudice to article 27a(4) , border control at internal borders may be reintroduced for a period of up to six months. where the serious threat to public policy or internal security persists beyond that period , the member state may prolong the border control at internal borders for renewable periods of up to six months. ### 5. for the purposes of paragraph 4 , and without prejudice to article 27a(4) , border control at internal borders may be reintroduced for a period of up to six months. where the serious threat to public policy or internal security persists beyond that period , the member state may prolong the border control at internal borders for renewable periods of up to six months.


### 6. the period referred to in paragraph 5 shall not include periods referred to in paragraph 3. ### deleted


### 1. to establish whether the reintroduction of border control at internal borders is necessary and proportionate in accordance with article 25 , a member state shall in particular consider: ### 1. to establish whether the reintroduction or prolongation of border controls at internal borders is necessary and proportionate in accordance with article 25 , a member state shall in particular consider:


### 2. where a member states decides to prolong the border control at internal borders pursuant to article 25a(5) , it shall also assess in detail whether the objectives pursued by such prolongation could be attained by: ### deleted


### a) the use of alternative measures such as proportionate checks carried out in the context of the lawful exercise of powers as referred to in article 23 point (a); ### deleted


### b) the use of the procedure as referred to in article 23a; ### deleted


### c) forms of police cooperation as provided for under union law , including on matters such as joint patrols , joint operations , joint investigation teams , cross-border hot pursuits , or cross-border surveillance. ### deleted


### the scope of the proposed reintroduction or prolongation , specifying at which part or parts of the internal borders border control is to be reintroduced , or prolonged; ### the scope and duration of the proposed reintroduction or prolongation , specifying at which part or parts of the internal borders border control is to be reintroduced , or prolonged;


### the considerations as to the necessity and proportionality referred to in article 26(1) and , in the case of a prolongation , in article 26(2); ### a comprehensive assessment of the necessity and proportionality referred to in article 26(1);


### 2. where border controls have been in place for six months in accordance with article 25a(4) , any subsequent notification for the prolongation of such controls shall include a risk assessment. the risk assessment shall present the scale and anticipated evolution of the identified serious threat , in particular how long the identified serious threat is expected to persist and which sections of the internal borders may be affected , as well as information regarding coordination measures with the other member states impacted or likely to be impacted by such measures. ### 2. where border controls are reintroduced or prolonged in accordance with article 25a(4) or article 25(a)(5) , the notification of such controls shall include a risk assessment.


### 2. where border controls have been in place for six months in accordance with article 25a(4) , any subsequent notification for the prolongation of such controls shall include a risk assessment. the risk assessment shall present the scale and anticipated evolution of the identified serious threat , in particular how long the identified serious threat is expected to persist and which sections of the internal borders may be affected , as well as information regarding coordination measures with the other member states impacted or likely to be impacted by such measures. ### 2. where border controls have been in place for three months in accordance with article 25a(4) , any subsequent notification for the prolongation of such controls shall include a risk assessment in accordance with article 26(2). the risk assessment shall present the scale and anticipated evolution of the identified serious threat , in particular how long the identified serious threat is expected to persist and which sections of the internal borders may be affected , as well as information regarding coordination measures with the other member states impacted or likely to be impacted by such measures.


### 1. following receipt of notifications , submitted under article 27(1) , the commission may establish a consultation process , where appropriate , including joint meetings between the member state that is planning to reintroduce or prolong border control at internal borders , and the other member states , especially those directly affected by such measures and the relevant union agencies. ### 1. following receipt of notifications , submitted under article 27(1) , the commission shall establish a consultation process , where appropriate , including joint meetings between the member state that is planning to reintroduce or prolong border control at internal borders , and the other member states , especially those directly affected by such measures and the relevant union agencies.


### 3. following receipt of notifications submitted in relation to a prolongation of border control at the internal border under article 25a(4) which leads to the continuation of border controls at internal borders for eighteen months in total , the commission shall issue an opinion on necessity and proportionality of such internal border controls. ### 3. following receipt of notifications submitted in relation to a prolongation of border control at the internal border under article 25a(4) which leads to the continuation of border controls at internal borders for six months in total , the commission shall issue an opinion on necessity and proportionality of such internal border controls.


### 4. where an opinion referred to in paragraphs 2 or 3 is issued , the commission may establish a consultation process in order to discuss the opinion with the member states. where the commission or a member state issues an opinion expressing concerns on the necessity or proportionality of reintroduced internal border controls the commission shall launch such a process. ### 4. where an opinion referred to in paragraphs 2 or 3 is issued , the commission shall establish a consultation process in order to discuss the opinion with the member states. where the commission or a member state issues an opinion expressing concerns on the necessity or proportionality of reintroduced internal border controls the commission shall launch such a process.


### 2. without prejudice to the first paragraph 1 , where border controls are prolonged as referred to in article 25a(5) , the member state concerned shall submit a report at the expiry of twelve months and every twelve months thereafter if border control is exceptionally maintained. ### 2. without prejudice to the first paragraph 1 , where border controls are prolonged as referred to in article 25a(5) , the member state concerned shall submit a report at the expiry of six months if border control is exceptionally maintained.


### 2. without prejudice to the first paragraph 1 , where border controls are prolonged as referred to in article 25a(5) , the member state concerned shall submit a report at the expiry of twelve months and every twelve months thereafter if border control is exceptionally maintained. ### 2. without prejudice to the first paragraph 1 , where border controls are prolonged as referred to in article 25a(5) , the member state concerned shall submit a report at the expiry of six months and every six months thereafter if border control is exceptionally maintained.


### (3) in recent years , the schengen area has been subject to unprecedented challenges , which by their nature were not confined to the territory of any single member state. such challenges underscored the fact that the preservation of public order and security in the schengen area is a shared responsibility requiring joined and coordinated action between member states and at union level. they also highlighted gaps in the existing rules governing the functioning of the schengen area both at external and internal borders and the need to create a stronger and more robust framework allowing for a more effective response to challenges faced by the schengen area. ### (3) in recent years , the schengen area has been subject to unprecedented challenges , which by their nature were not confined to the territory of any single member state. such challenges underscored the fact that the preservation of public order and security in the schengen area is a shared responsibility requiring joined and coordinated action between member states and at union level. they also highlighted the need for meaningful reform in order to strengthen mutual trust and solidarity , gaps in the existing rules governing the functioning of the schengen area both at external and internal borders , and the need to create a stronger and more robust framework allowing for a more effective response to challenges faced by the schengen area.


### (4) border control at external borders is in the interest not only of the member state at whose external borders it is carried out but of all member states which have abolished internal border control and the union as a whole. member states are required to ensure high standards in management of their external borders , including through enhanced cooperation between border guards , police , customs and other relevant authorities. the union provides active support through the provision of financing support by the agencies , the european border and coast guard in particular and management of the schengen evaluation mechanism. the rules applicable to external borders need to be reinforced in order to better respond to new challenges that have recently emerged at the external borders. ### (4) border control at external borders is in the interest not only of the member state at whose external borders it is carried out but of all member states which have abolished internal border control and the union as a whole. member states are required to ensure high standards in management of their external borders , including through enhanced cooperation between border guards , police , customs and other relevant authorities. the union provides active support through the provision of financing support by the agencies , the european border and coast guard in particular and management of the schengen evaluation mechanism. the rules in the schengen borders code need to be reinforced and modernised in order to assure a high level of security within the schengen area , in the absence of internal border controls.


### (4) border control at external borders is in the interest not only of the member state at whose external borders it is carried out but of all member states which have abolished internal border control and the union as a whole. member states are required to ensure high standards in management of their external borders , including through enhanced cooperation between border guards , police , customs and other relevant authorities. the union provides active support through the provision of financing support by the agencies , the european border and coast guard in particular and management of the schengen evaluation mechanism. the rules applicable to external borders need to be reinforced in order to better respond to new challenges that have recently emerged at the external borders. ### (4) border control at external borders is in the interest not only of the member state at whose external borders it is carried out but of all member states which have abolished internal border control and the union as a whole. member states are required to ensure high standards in management of their external borders , including through enhanced cooperation between border guards , police , customs and other relevant authorities. member states should respect the entry conditions for third-country nationals enshrined in article 6 and not introduce additional conditions on national level as this compromises the cohesion of the external border of the union. furthermore , all decisions taken regarding the refusal of entry should be done on an individual basis. the union provides active support through the provision of financing support by the agencies , the european border and coast guard in particular and management of the schengen evaluation mechanism. the rules applicable to external borders need to be reinforced in order to better respond to new challenges that have recently emerged at the external borders.


### (5) the covid-19 pandemic has reinforced the need for the union to be better prepared to respond to crisis situations at the external borders related to situations of diseases with an epidemic potential that are a threat to public health. the covid-19 pandemic has shown that threats to public health can require uniform rules concerning travel restrictions for travel into the european union by third country nationals. the adoption of inconsistent and divergent measures at the external borders to address such threats negatively affects the functioning of the entire schengen area , reduces predictability for third-country travellers and people-to-people contacts with third countries. to prepare the schengen area for future challenges of a comparable scale related to threats to public health , it is necessary to establish a new mechanism which should allow for a timely adoption and lifting of coordinated measures at union level. the new procedure at the external border should be applied in a situation of an infectious disease with epidemic potential as identified by the european centre for disease prevention and control or the commission. this mechanism should complement the procedures proposed to be established in the proposal for a regulation of the european parliament and of the council on serious cross-border threats to health43 , notably in case of the recognition of a public health emergency , and the revised mandate of the european centre for disease control.44 ### (5) the covid-19 pandemic has reinforced the need for the union to be better prepared to respond to crisis situations at the external borders related to situations of diseases with an epidemic potential that are a threat to public health. the covid-19 pandemic has shown that threats to public health can require uniform rules concerning travel restrictions for travel into the european union by third country nationals. the adoption of inconsistent and divergent measures at the external borders to address such threats negatively affects the functioning of the entire schengen area , reduces predictability for third-country travellers and people-to-people contacts with third countries. to prepare the schengen area for future challenges of a comparable scale related to threats to public health , it is necessary to establish a new mechanism which should allow for a timely adoption and lifting of coordinated measures at union level. the new procedure at the external border should be applied in a situation of an infectious disease with epidemic potential as identified by the european centre for disease prevention and control and the health emergency preparedness and response authority (hera). this mechanism should complement the procedures proposed to be established in the proposal for a regulation of the european parliament and of the council on serious cross-border threats to health43 , notably in case of the recognition of a public health emergency , and the revised mandate of the european centre for disease control.44


### (12) in particular , in a situation of instrumentalisation , it should , where necessary , be possible for the member state concerned , to limit border traffic to the minimum by closing some border crossing points , while guaranteeing genuine and effective access to international protection procedures. any such decision should take into account whether the european council has acknowledged that the union or one or more of its member states are facing a situation of instrumentalisation of migrants. furthermore , any such limitations should take full account of the rights of union citizens , third country nationals who are beneficiaries of the right of free movement pursuant an international agreement and third-country nationals who are long-term residents under national or union law or are holders of long-term visas , as well as their respective family members. such limitations should also be applied in a manner that ensures respect for obligations related to access to international protection , in particular the principle of non-refoulement. ### (12) in particular , in a situation of instrumentalisation , it should , where necessary , be possible for the member state concerned , to limit border traffic to the minimum by closing some border crossing points , while guaranteeing genuine and effective access to international protection procedures. any such decision should take into account whether the european council has acknowledged that the union or one or more of its member states are facing a situation of instrumentalisation of migrants. furthermore , any such limitations should take full account of the rights of union citizens , third country nationals who are beneficiaries of the right of free movement pursuant an international agreement and third-country nationals who are long-term residents under national or union law or are holders of long-term visas , as well as their respective family members as well as third-country national fulfilling the entry conditions set out in article 6(1). such limitations should also be applied in a manner that ensures respect for obligations related to access to international protection , in particular the principle of non-refoulement.


### (25) measures need to be taken to address unauthorised movements of illegally staying third country nationals in an area without internal border controls. in order to strengthen the functioning of the schengen area , member states should be able to take additional measures to counter irregular movements between member states , and combat illegal stays. where national law enforcement authorities of a member state apprehend illegally staying third country nationals at the internal borders as part of cross-border police operational cooperation it should be possible for those authorities to refuse such persons the right to enter or remain in their territory and to transfer them to the member state from which they entered. the member state from where the person came directly should in turn be required to receive the apprehended third country nationals. ### (25) measures need to be taken to address unauthorised movements of illegally staying third country nationals in an area without internal border controls. in order to strengthen the functioning of the schengen area , and as an alternative to internal border controls , member states should be able to take additional measures to counter irregular movements between member states , and combat illegal stays. where national law enforcement authorities of a member state apprehend illegally staying third country nationals at the internal borders as part of cross-border police operational cooperation it should be possible for those authorities to refuse such persons the right to enter or remain in their territory and to transfer them to the member state from which they entered. the member state from where the person came directly should in turn be required to receive the apprehended third country nationals.


### (27) the transfer procedure provided for under this regulation should not affect the existing possibility for member states to return irregular third country nationals in accordance with bilateral agreements or arrangements referred to in article 6(3) of directive 2008/115/ec (the “return directive”) , where such persons are detected outside of the vicinity of internal borders. in order to facilitate the application of such agreements , and to complement the objective of protecting the area without internal borders , the member states should be afforded the possibility to conclude new agreements or arrangements and update existing ones. the commission should be notified of any such modifications or updates of new agreements or arrangements. where a member state has taken back a third country national under the procedure provided for in this regulation or on the basis of a bilateral agreement or arrangement , the member state concerned should be required to issue a return decision in accordance with the return directive. in order to ensure consistency between the new procedures provided for in this regulation and existing rules on the return of third country nationals , a targeted modification of article 6(3) of the return directive is therefore necessary. ### (27) the transfer procedure provided for under this regulation should not affect the existing possibility for member states to return irregular third country nationals in accordance with bilateral agreements or arrangements referred to in article 6(3) of directive 2008/115/ec (the “return directive”) , where such persons are detected outside of the vicinity of internal borders. at the same time , it is important that union legislation provides a european framework for such cooperation. in order to facilitate the application of such agreements , and to complement the objective of protecting the area without internal borders , the member states should be afforded the possibility to conclude new agreements or arrangements and update existing ones. the commission should be notified of any such modifications or updates of new agreements or arrangements. where a member state has taken back a third country national under the procedure provided for in this regulation or on the basis of a bilateral agreement or arrangement , the member state concerned should be required to issue a return decision in accordance with the return directive. in order to ensure consistency between the new procedures provided for in this regulation and existing rules on the return of third country nationals , a targeted modification of article 6(3) of the return directive is therefore necessary.


### (28) in exceptional cases , addressing threats to the schengen area may require the adoption , by the member states , of measures at the internal borders. member states remain competent to determine the need for the temporary reintroduction or prolongation of border controls. under the existing rules , the reintroduction of controls at internal borders is provided for in circumstances where a serious threat to internal security or public policy manifests itself in a single member state for a limited period of time. in particular , terrorism and organised crime , large scale public health emergencies or large scale or high profile international events such as sporting , trade or political events can amount to a serious threat to public policy or internal security. ### (28) in exceptional cases , addressing threats to the schengen area may , as a measure of last resort , require the adoption of measures at the internal borders by the member states. member states remain competent to determine the need for the temporary reintroduction or prolongation of border controls. under the existing rules , the reintroduction of controls at internal borders is provided for in circumstances where a serious threat to internal security or public policy manifests itself in a single member state for a limited period of time. in particular , terrorism and organised crime , large scale public health emergencies or large scale or high profile international events such as sporting , trade or political events can amount to a serious threat to public policy or internal security.


### (36) the reintroduction of border controls at internal borders , whether on the basis of unilateral decisions of the member states or at a union level , has serious implications for the functioning of the schengen area. in order to ensure that any decision to reintroduce border controls is only taken where necessary , as a measure of last resort , the decision on temporary reintroduction or prolongation of border controls should be based on common criteria , putting an emphasis on necessity and proportionality. the proportionality principle requires that the reintroduction of internal border controls be subject to safeguards that increase over time. ### (36) the reintroduction of border controls at internal borders , whether on the basis of unilateral decisions of the member states or at a union level , has serious implications for the functioning of the schengen area. in order to ensure that any decision to reintroduce border controls is only taken where necessary , as a measure of last resort , the decision on temporary reintroduction or prolongation of border controls should be based on common criteria , putting an emphasis on necessity and proportionality. the proportionality principle requires that the reintroduction of internal border controls be subject to safeguards that are to be respected before an internal border control is considered and which increase over time.


### (37) in the first instance , member states should assess the appropriateness of internal border controls having regard to the nature of the serious threat identified. in this context , the member states should pay particular attention to and assess the likely impact of internal border controls on the movement of persons within the area without internal border controls and the functioning of the cross-border regions. this assessment should be part of the notification that member states are required to transmit to the commission. in case of prolongation of internal border controls for foreseeable events beyond an initial period of six months , the member state should also assess the appropriateness of alternative measures to pursue the same objectives as internal border controls , such as proportionate checks as carried out in the exercise of police or other public powers or through forms of police cooperation as provided for under union law , and the possibility to use the transfer procedure. ### (37) member states should assess the appropriateness of internal border controls having regard to the nature of the serious threat identified. in this context , the member states should pay particular attention to and assess the likely impact of internal border controls on the movement of persons within the area without internal border controls and the functioning of the cross-border regions. in addition , the member state should also assess the appropriateness of alternative measures to pursue the same objectives as internal border controls , such as proportionate checks as carried out in the exercise of police or other public powers or through forms of police cooperation as provided for under union law , and the possibility to use the transfer procedure. this assessment should be part of the notification that member states are required to transmit to the commission.