### in order to allow businesses to rely on a single set of rules across the union , it is necessary to fully harmonise the period of time during which the burden of proof for the lack of conformity is reversed in favour of the consumer . within the first two years , in order to benefit from the presumption of lack of conformity , the consumer should only establish that the good is not conforming , without needing to demonstrate that the lack of conformity actually existed at the relevant time for establishing conformity . in order to increase legal certainty in relation to available remedies for lack of conformity with the contract and in order to eliminate one of the major obstacles inhibiting the digital single market , a fully harmonised order in which remedies can be exercised should be provided for . in particular , the consumer should enjoy a choice between repair or replacement as a first remedy which should help in maintaining the contractual relation and mutual trust . moreover , enabling consumers to require repair should encourage a sustainable consumption and could contribute to a greater durability of products . ### there is a need for a free choice of remedies in order to prevent consumers’ rights in several member states being diminished . it would be arbitrary to impose a hierarchy of remedies upon consumers when there is also an absence of clear information regarding the order in which consumers will prioritise the available remedies . it should be left to the consumer to have the choice available to them to decide on an individual basis .


### the union rules applicable to the sales of goods are still fragmented although rules on pre - contractual information requirements , the right of withdrawal for distance contracts and delivery conditions have already been fully harmonised . other key contractual elements such as the conformity criteria , the remedies and modalities for their exercise for goods which do not conform to the contract are currently subject to minimum harmonisation in directive 1999 / 44 / ec of the european parliament and of the council46 . member states have been allowed to go beyond the union standards and introduce rules that ensure even higher level of consumer protection . having done so , they have acted on different elements and to different extents . thus , national provisions transposing directive 1999 / 44 / ec significantly diverge today on essential elements , such as the absence or existence of a hierarchy of remedies , the period of the legal guarantee , the period of the reversal of the burden of proof , or the notification of the defect to the seller . __________________ 46 directive 1999 / 44 / ec of the european parliament and of the council of 25 may 1999 on certain aspects of the sale of consumer goods and associated guarantees oj l 171 , 7 . 7 . 1999 , p . 12 . ### certain union rules applicable to the sales of goods have already been harmonised , including rules on pre - contractual information requirements , the right of withdrawal for distance contracts and delivery conditions have already been fully harmonised . other key contractual elements such as the conformity criteria , the remedies and modalities for their exercise for goods which do not conform to the contract are currently regulated at a minimum level by directive 1999 / 44 / ec of the european parliament and of the council46 . in practice , therefore , national provisions transposing the union legislation on consumer contract law , in particular directive 1999 / 44 / ec , significantly diverge today on essential elements of what constitutes a sales contract , such as the absence or existence of a hierarchy of remedies , the period of the legal guarantee , the period of the reversal of the burden of proof , or the notification of the defect to the seller . __________________ 46 directive 1999 / 44 / ec of the european parliament and of the council of 25 may 1999 on certain aspects of the sale of consumer goods and associated guarantees oj l 171 , 7 . 7 . 1999 , p . 12 .


### where the seller is liable to the consumer because of a lack of conformity with the contract resulting from an act or omission by a person in earlier links of the chain of transactions , the seller shall be entitled to pursue remedies against the person or persons liable in the chain of transactions . the person against whom the seller may pursue remedies and the relevant actions and conditions of exercise , shall be determined by national law . ### where the seller is liable to the consumer because of a lack of conformity with the contract resulting from an act or omission by a person in earlier links of the chain of transactions , the seller shall be entitled to pursue remedies against the person or persons liable in the chain of transactions . the person against whom the seller may pursue remedies , and the relevant actions and conditions of exercise , shall be determined by national law . however , the seller shall be entitled to pursue remedies for at least the duration of the legal guarantee period , and the period during which a presumption exists that any lack of conformity with the contract already existed at the time indicated in article 8 and shall be no shorter than as provided for in article 8 .


### this directive lays down certain requirements concerning distance sales contracts concluded between the seller and the consumer , in particular rules on conformity of goods , remedies in case of non - conformity and the modalities for the exercise of these remedies . ### the purpose of this directive is , through the achievement of a high level of consumer protection , to contribute to the proper functioning of the internal market by laying down certain requirements concerning sales contracts concluded between the seller and the consumer , in particular rules on conformity of goods with the contract , remedies in cases of non - conformity and the modalities for the exercise of these remedies .


### since the objectives of this directive , namely to contribute to the functioning of the internal market by tackling in a consistent manner contract law - related obstacles for the online and other distance sales of goods cannot be sufficiently achieved by the member states but can rather be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this directive does not go beyond what is necessary in order to achieve those objectives . ### since the objectives of this directive , namely to improve the conditions for the establishment and the functioning of the internal market , to ensure a high level of consumer protection and confidence and to help provide a level playing field for traders cannot be sufficiently achieved by the member states but can rather be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this directive does not go beyond what is necessary in order to achieve those objectives .


### considering that the right to terminate the contract due to the lack of conformity is an important remedy applicable where repair or replacement are not feasible or have failed , the consumer should also enjoy the right to terminate the contract in cases where the lack of conformity is minor . this would provide a strong incentive to remedy all cases of a lack of conformity at an early stage . in order to make the right to terminate effective for consumers , in situations where the consumer acquires multiple goods , some being an accessory to the main item which the consumer would not have acquired without the main item , and the lack of conformity impacts that main item , the consumer should have the right to terminate the contract also in relation to the accessory elements , even if the latter are in conformity with the contract . ### considering that the right to terminate the contract due to the lack of conformity is an important remedy applicable where repair or replacement are not feasible or have failed , the consumer should also enjoy the right to terminate the contract in cases where the lack of conformity is minor . this would provide a strong incentive to remedy all cases of a lack of conformity at an early stage . in order to make the right to terminate effective for consumers , in situations where the consumer acquires multiple goods , some being an accessory to or acquired in conjunction with the main item which the consumer would not have acquired without the main item , and the lack of conformity impacts that main item , the consumer should have the right to terminate the contract also in relation to the accessory or additional elements , even if the latter are in conformity with the contract .


### increased competition among retailers is likely to result in wider choices at more competitive prices being offered to consumers . consumers will benefit from a high level of consumer protection and welfare gains through targeted fully harmonised rules . this in turn would increase their trust in the cross - border commerce at a distance and in particular online . consumers will more confidently buy at a distance cross - border knowing they would enjoy the same rights across the union . ### increased competition among retailers is likely to result in wider choices at more competitive prices being offered to consumers . consumers will benefit from a high level of consumer protection and welfare gains through harmonised rules . this in turn would increase their trust in the cross - border commerce at a distance and in particular online . consumers will more confidently buy at a distance cross - border knowing they would enjoy the same rights across the union .


### where the seller has not remedied the lack of conformity through repair or replacement without significant inconvenience for the consumer and within a reasonable time , the consumer should be entitled to a price reduction or to terminate the contract . in particular any repair or replacement needs to be successfully accomplished within this reasonable period . what is a reasonable time should be objectively ascertained considering the nature of the goods and the lack of conformity . if upon the laps of the reasonable period , the seller has failed to successfully remedy the lack of conformity , the consumer should not be obliged to accept any further attempts by the seller in relation to the same lack of conformity . ### if , in the case of non - conformity of the goods with the contract , the consumer has opted for a repair or replacement , any repair or replacement needs to be successfully accomplished within a reasonable period . what is a reasonable time should be objectively ascertained considering the nature of the goods and the lack of conformity . if upon the laps of the reasonable period , the seller has failed to successfully remedy the lack of conformity , the consumer should not be obliged to accept any further attempts by the seller in relation to the same lack of conformity .


### possess qualities and performance capabilities which are normal in goods of the same type and which the consumer may expect given the nature of the goods and taking into account any public statement made by or on behalf of the seller or other persons in earlier links of the chain of transactions , including the producer , unless the seller shows that : ### possess qualities , durability and performance capabilities which are normal in goods of the same type and which the consumer can expect given the nature of the goods and taking into account any public statement made by or on behalf of the seller or other persons in earlier links of the chain of transactions , including the producer , unless the seller shows that


### in order to provide clarity as to what a consumer can expect from the goods and what the seller would be liable for in case of failure to deliver what is expected , it is essential to fully harmonise rules for determining the conformity with the contract . applying a combination of subjective and objective criteria should safeguard legitimate interests of both parties to a sales contract . conformity with the contract should be assessed by taking into account not only requirements which have actually been set in the contract - including in pre - contractual information which forms an integral part of the contract - but also certain objective requirements which constitute the standards normally expected for goods , in particular in terms of fitness for the purpose , packaging , installation instructions and normal qualities and performance capabilities . ### in order to provide clarity as to what a consumer can expect from the goods and what the seller would be liable for in case of failure to deliver what is expected , it is justifiable to harmonise rules for determining the conformity with the contract . applying a combination of subjective and objective criteria should safeguard legitimate interests of both parties to a sales contract . conformity with the contract should be assessed by taking into account not only requirements which have actually been set in the contract - including in pre - contractual information which forms an integral part of the contract - but also certain objective requirements which constitute the standards normally expected for goods , in particular in terms of fitness for the purpose , durability , packaging , installation instructions and normal qualities and performance capabilities .


### in order to provide clarity as to what a consumer can expect from the goods and what the seller would be liable for in case of failure to deliver what is expected , it is essential to fully harmonise rules for determining the conformity with the contract . applying a combination of subjective and objective criteria should safeguard legitimate interests of both parties to a sales contract . conformity with the contract should be assessed by taking into account not only requirements which have actually been set in the contract - including in pre - contractual information which forms an integral part of the contract - but also certain objective requirements which constitute the standards normally expected for goods , in particular in terms of fitness for the purpose , packaging , installation instructions and normal qualities and performance capabilities . ### in order to provide clarity as to what a consumer can expect from the goods and what the seller would be liable for in case of failure to deliver what is expected , it is essential to apply a combination of subjective and objective criteria in order to safeguard the legitimate interests of the parties , consumers and sellers , to a sales contract . conformity with the contract should be assessed by taking into account not only requirements which have actually been set in the contract - including in pre - contractual information which forms an integral part of the contract or models and samples shown in shop windows , showrooms and trade fairs - but also certain objective requirements which constitute the standards normally expected for goods , in particular in terms of fitness for the purpose , packaging , installation instructions and normal qualities and performance capabilities .


### given that the programme aims particularly at enhancing cooperation between undertakings across member states , an action should be eligible for funding under the programme only if it is undertaken by a cooperation of at least three undertakings based in at least two different member states . ### given that the programme aims particularly at enhancing cooperation between undertakings across member states , an action should be eligible for funding under the programme only if it is undertaken by a cooperation of at least three undertakings based in at least three different member states and remains open for expanding by undertakings based in other member states .


### when it relates to actions defined under point to of the first paragraph , the action must be based on common technical specifications . ### when it relates to actions defined under : point of the first paragraph , the action must be based on a common capability requirement ; point and points to of the first paragraph , the action must be based on common technical specifications .


### to support and leverage the cooperation between undertakings , including small and medium - sized enterprises , in the development of technologies or products in line with defence capability priorities commonly agreed by member states within the union ; ### to support and leverage the cross - border cooperation between undertakings , including small and medium - sized enterprises as well as intermediate manufacturing enterprises , in the value chains of defence technologies or products ; where appropriate , regional or international cooperative initiatives , such as in the nato context , and serving the union security and defence interest , shall also be taken into account ;


### the commission shall not own the products or technologies resulting from the action nor shall it have any ipr claim pertaining to the action ### the union shall not own the products or technologies resulting from the action nor shall it have any ipr claim pertaining to the action


### the action shall be undertaken in a cooperation of at least three undertakings which are established in at least two different member states . the undertakings which are beneficiaries shall not effectively be controlled , directly or indirectly , by the same entity or shall not control each other . ### the action shall be undertaken in a cooperation of at least three undertakings which are established in at least three different member states . the undertakings which are beneficiaries shall not effectively be controlled , directly or indirectly , by the same entity or shall not control each other .


### as the programme aims at enhancing the competitiveness of the union ' s defence industry , only entities established in the union and effectively controlled by member states or their nationals should be eligible for support . additionally , in order to ensure the protection of essential security interests of the union and its member states , the infrastructure , facilities , assets and resources used by the beneficiaries and subcontractors in actions funded under the programme , shall not be located on the territory of non - member states . ### as the programme aims at enhancing the competitiveness of the union ' s defence industry , only entities established in the union and effectively controlled by member states or their nationals should be eligible for support . additionally , in order to ensure the protection of essential security interests of the union and its member states , the infrastructure , facilities , assets and resources used by the beneficiaries and subcontractors in actions funded under the programme , shall not be located on the territory of non - member states and shall not be subject to control or restriction by third - countries , undertakings or public entities in third countries .


### to foster the competitiveness and innovation capacity of the union defence industry by supporting actions in their development phase ; ### to foster the competitiveness and innovation capacity of the defence industry in the european union by supporting actions in the development phase of defence technologies or products ;


### to foster the competitiveness and innovation capacity of the union defence industry by supporting actions in their development phase ; ### to foster the technological and industrial autonomy of the union and the competitiveness and innovation capacity of&#160 ; its defence industry by supporting actions in their development phase ;


### to support and leverage the cooperation between undertakings , including small and medium - sized enterprises , in the development of technologies or products in line with defence capability priorities commonly agreed by member states within the union ; ### to support and leverage the cooperation between undertakings , including small and medium - sized enterprises , in the development of technologies or products in line with defence capability priorities agreed by the union ;


### the programme shall have the following objectives : ### in order to enhance eu defence , the collaboration between member states and the freedom of action of the member states and the union , and in accordance with common defence capability priorities agreed by member states , the programme shall have the following objectives :


### contribution to the innovation and technological development of defence industries and thus to fostering the industrial autonomy of the union in the field of defence technologies ; and , ### contribution to the innovation and technological development of defence industries and thus to fostering the industrial and strategic autonomy of the union in the field of defence technologies ; and ,


### the commission shall be assisted by a committee . that committee shall be a committee within the meaning of regulation no 182 / 2011 . the european defence agency shall be invited as observer . ### the commission shall be assisted by a committee . that committee shall be a committee within the meaning of regulation no 182 / 2011 and it shall be composed of representatives of the member states and chaired by a representative of the commission . the european defence agency shall be invited to contribute as observer . the european external action service , through its relevant structures , shall also assist the work of the committee .


### the programme should be implemented in full compliance with regulation no 966 / 2012 of the european parliament and of the council6 . funding may take in particular the form of grants . financial instruments or public procurement may be used where appropriate . _________________ 6 regulation no 966 / 2012 of the european parliament and of the council of 25 october 2012 on the financial rules applicable to the general budget of the union and repealing council regulation no 1605 / 2002 . ### the programme should be implemented in full compliance with regulation no 966 / 2012 of the european parliament and of the council . funding may take in particular the form of grants and public procurement for the provision of studies . financial instruments could also be used in the future based on the experience of this programme , notably for the post 2020 european defence fund capability window . the commission will start the preparatory work , assessment and relevant proposals as soon as possible .


### the work programme shall ensure that a credible proportion of the overall budget will benefit actions enabling the cross - border participation of smes . ### the work programme shall ensure that at least 10% of the overall budget will benefit the cross - border participation of smes and / or mid - caps ; in addition , a specific category of projects dedicated to smes and / or mid - caps shall be established by the work programme .


### the financial assistance of the union provided under the programme may not exceed 20% of the total cost of the action where it relates to prototyping . in all the other cases , the assistance may cover up to the total cost of the action . ### the financial assistance of the union provided under the programme may not exceed 30% of the total cost of the action where it relates to prototyping . in all the other cases , the assistance may cover up to the total cost of the action .


### as the objective of the programme is to support the competitiveness of the union defence industry by de - risking the development phase of cooperative projects , actions related to the development of a defence product or technology , namely definition of common technical specifications , design , prototyping , testing , qualification , certification as well feasibility studies and other supporting measures , should be eligible to benefit from it . this will also apply to the upgrade of existing defence products and technologies . ### as the objective of the programme is to support the integration of the union defence industry by bearing some of the risks of the development phase of cooperative projects , actions related to the development of a defence product or technology , namely definition of common technical specifications , design , prototyping , testing , qualification , certification as well feasibility studies and other supporting measures as well as actions aimed at converting military production lines into civilian production lines , should be eligible to benefit from it . this will also apply to the upgrade of existing defence products and technologies .


### beneficiaries shall be undertakings established in the union , in which member states and / or nationals of member states own more than 50% of the undertaking and effectively control it within the meaning of article 6 , whether directly or indirectly through one or more intermediate undertakings . in addition , all infrastructure , facilities , assets and resources used by the participants , including subcontractors and other third parties , in actions funded under the programme shall not be located on the territory of non - member states during the entire duration of the action . ### beneficiaries and their subcontractors shall be undertakings established in the union , in which member states and / or nationals of member states own more than 50% of the undertaking and effectively control it within the meaning of article&#160 ; 6 , whether directly or indirectly through one or more intermediate undertakings . in addition , all infrastructure , facilities , assets and resources used by the participants , including subcontractors and other third parties , in actions funded under the programme shall not be located on the territory of non - member states during the entire duration of the action .


### the promotion of innovation and technological development in the union defence industry should take place in a manner coherent with the security interests of the union . accordingly , the action ' s contribution to those interests and to the defence capability priorities commonly agreed by member states should serve as an award criterion . within the union , common defence capability priorities are identified notably through the capability development plan . other union processes such as the coordinated annual review on defence and the permanent structured cooperation will support the implementation of relevant priorities through enhanced cooperation . where appropriate regional or international cooperative initiatives , such as in the nato context , and serving the union security and defence interest , may also be taken into account . ### the promotion of innovation and technological development in the union defence industry should take place in a manner coherent with the security interests of the union . accordingly , the action ' s contribution to those interests and to the defence capability priorities commonly agreed by member states should serve as an award criterion . within the union , common defence capability priorities are identified notably through the capability development plan . other union processes such as the coordinated annual review on defence and the permanent structured cooperation will support the implementation of relevant priorities through enhanced cooperation . where appropriate regional or international cooperative initiatives , such as in the nato context , and serving the union security and defence interest , should also be taken into account .


### the commission should establish a multiannual work programme in line with the objectives of the programme . the commission should be assisted in the establishment of the work programme by a committee of member states . in light of the union policy on small and medium enterprises as key to ensuring economic growth , innovation , job creation , and social integration in the union and the fact that the supported actions will typically require trans - national collaboration , it is of importance that the work programme will reflect and enable such cross - border participation of smes and that therefore a proportion of the overall budget will benefit such action . ### the commission should establish a multiannual work programme in line with the objectives of the programme . the commission should be assisted in the establishment of the work programme by a committee of member states . in light of the union policy on small and medium enterprises as key to ensuring economic growth , innovation , job creation , and social integration in the union and the fact that the supported actions will typically require trans - national collaboration , it is of importance that the work programme will reflect and enable such cross - border participation of smes , earmarking a share of the overall budget for this purpose .


### the financial assistance of the union under the programme should not exceed 20% of the total eligible cost of the action when it relates to prototyping which is often the most costly action in the development phase . the totality of the eligible costs should however be covered for other actions in the development phase . ### the financial assistance of the union under the programme should not exceed 30% of the total eligible cost of the action , including part of the indirect cost of the action , within the meaning of article 126 of regulation no . 966 / 2012 , when it relates to system prototyping which is often the most costly action in the development phase . the totality of the eligible costs should however be covered for other actions in the development phase .


### the financial assistance of the union under the programme should not exceed 20% of the total eligible cost of the action when it relates to prototyping which is often the most costly action in the development phase . the totality of the eligible costs should however be covered for other actions in the development phase . ### the financial assistance of the union under the programme should not exceed 30% of the eligible cost including part of the indirect cost of the action , within the meaning of article 126 of regulation no 966 / 2012 , where it relates to system prototyping which is often the costliest action in the development phase . the totality of the eligible costs could however be covered for other actions in the development phase .


### to support greater efficiency and effectiveness of future union policy actions , the commission shall draw up a retrospective evaluation report and send it to the european parliament and to the council . the report - building on relevant consultations of member states and key stakeholders - shall notably assess the progress made towards the achievement of objectives set out in article 2 . it shall also analyse cross border participation of smes in projects implemented under the programme as well as the participation of smes to the global value chain . ### to support greater efficiency and effectiveness of future union policy actions , the commission and the high representative of the union for foreign affairs and security policy / vice - president of the commission shall draw up a retrospective evaluation report and send it to the european parliament and to the council . the report - building on relevant consultations of member states and key stakeholders - shall notably assess the progress made towards the achievement of objectives set out in article 2 . it shall also analyse cross border participation , including that of smies , in projects implemented under the programme as well as the participation of smies to the value chains of defence technologies or products . the commission shall provide an interim progress report by the end of the first year of the programme .


### to support and leverage the cooperation between undertakings , including small and medium - sized enterprises , in the development of technologies or products in line with defence capability priorities commonly agreed by member states within the union ; ### to support and leverage collaboration between member states and cross - border cooperation between undertakings throughout the union , including small and medium - sized enterprises and middle capitalisation companies , in the development of technologies or products in line with defence capability priorities commonly agreed by member states within the union , while improving the agility of supply chains ;


### contribution to the innovation and technological development of defence industries and thus to fostering the industrial autonomy of the union in the field of defence technologies ; and , ### contribution to excellence by showing that the proposed work achieves measurable enhancements and advantages over existing products or technologies ; and ,


### to support and leverage the cooperation between undertakings , including small and medium - sized enterprises , in the development of technologies or products in line with defence capability priorities commonly agreed by member states within the union ; ### to support and leverage the cross - border cooperation between undertakings , including small and medium - sized enterprises as well as intermediate manufacturing enterprises , in the value chains of defence technologies or products ; where appropriate , regional or international cooperative initiatives , such as in the nato context , and serving the union security and defence interest , shall also be taken into account ;


### to foster better exploitation of the results of defence research and contribute to closing the gaps between research and development . ### to foster better exploitation of the results of defence research thus contributing to closing the gaps between research and development .


### the union financial support should not affect the export of products , equipment or technologies , and it should not affect the discretion of member states regarding policy on the export of defence related products . the union financial support should not affect member states ' export policies on defence related products . ### the union financial support should not affect the export of products , equipment or technologies , and it should not affect the discretion of member states regarding policy on the export of defence related products . the union financial support should not affect member states ' export policies on defence related productswhich are framed by decision 2008 / 944 / cfsp .


### the programme should be implemented in full compliance with regulation no 966 / 2012 of the european parliament and of the council6 . funding may take in particular the form of grants . financial instruments or public procurement may be used where appropriate . _________________ 6 regulation no 966 / 2012 of the european parliament and of the council of 25 october 2012 on the financial rules applicable to the general budget of the union and repealing council regulation no 1605 / 2002 . ### the programme should be implemented in full compliance with regulation no 966 / 2012 of the european parliament and of the council6 . funding may take in particular the form of grants and public procurement for the provision of studies . financial instruments could also be used in the future based on the experience of this programme , notably for the post 2020 european defence fund capability window . the commission will start the preparatory work , assessment and relevant proposals as soon as possible . _________________ 6 regulation no 966 / 2012 of the european parliament and of the council of 25 october 2012 on the financial rules applicable to the general budget of the union and repealing council regulation no 1605 / 2002 .


### the commission should draw up an implementation report at the end of the programme , examining the financial activities in terms of financial implementation results and where possible , impact . this report should also analyse the cross border participation of smes in projects under the programme as well as the participation of smes to the global value chain . ### the commission should draw up an implementation and evaluation report at the end of each financial year , examining the financial activities in terms of financial implementation results and where possible , impact . this report should also analyse the cross border participation of smes in projects under the programme as well as the participation of smes to the global value chain .


### an action developed by a beneficiary referred to in article 7 paragraph 2 may benefit from a funding rate increased by an additional 10 percentage points . ### an action developed by a consortium referred to in article 7 paragraph 2 may benefit from a funding rate increased by an additional 10 percentage points .


### the programme shall provide support for actions by beneficiaries in the development phase covering both new and the upgrade of existing products and technologies , in relation to : ### the programme shall provide support for actions by beneficiaries in the development phase covering both new and the upgrade of existing products and technologies developed&#160 ; by member states , in relation to :


### the commission should draw up an implementation report at the end of the programme , examining the financial activities in terms of financial implementation results and where possible , impact . this report should also analyse the cross border participation of smes in projects under the programme as well as the participation of smes to the global value chain . ### the commission should draw up an interim and a final report once the programme has been fully implemented , examining the financial activities in terms of financial implementation , results and impact . these reports should also analyse the development of industrial expertise and defence capacity , as well as coherence with the foreign policy objectives of the eu and its member states and the cross border participation of smes in projects under the programme , as well as the participation of smes to the global value chain .


### in the european defence action plan , adopted on 30 november 2016 , the commission committed to complement , leverage and consolidate collaborative efforts by member states in developing defence capabilities to respond to security challenges , as well as to foster a competitive and innovative european defence industry . it proposed in particular to launch a european defence fund to support investment in joint research and the joint development of defence equipment and technologies . the fund would support cooperation during the whole cycle of defence product and technology development . ### in the european defence action plan , adopted on 30 november 2016 , the commission committed to complement , leverage and consolidate collaborative efforts by member states in developing and acquiring defence capabilities to respond to security challenges , &#160 ; to foster a competitive and innovative european defence industry as well as to contribute to the technological and industrial autonomy of the union . it proposed in particular to launch a european defence fund to support investment in joint research and the joint development of defence equipment and technologies . the fund would support cooperation during the whole cycle of defence product and technology development .


### to support greater efficiency and effectiveness of future union policy actions , the commission shall draw up a retrospective evaluation report and send it to the european parliament and to the council . the report - building on relevant consultations of member states and key stakeholders - shall notably assess the progress made towards the achievement of objectives set out in article 2 . it shall also analyse cross border participation of smes in projects implemented under the programme as well as the participation of smes to the global value chain . ### to support greater efficiency and effectiveness of future union policy actions , the commission and the high representative shall draw up an interim and a final evaluation report and send it to the european parliament and to the council . the report - building on relevant consultations of member states and key stakeholders - shall notably assess the progress made towards the achievement of objectives set out in article 2 . it shall also analyse cross border participation of smes in projects implemented under the programme as well as the participation of smes to the global value chain .


### the financial assistance of the union under the programme should not exceed 20% of the total eligible cost of the action when it relates to prototyping which is often the most costly action in the development phase . the totality of the eligible costs should however be covered for other actions in the development phase . ### the financial assistance of the union under the programme should not exceed 20% of the total eligible cost of the action when it relates to prototyping which is often the most costly action in the development phase . up to 50% of the eligible costs should however be covered for other actions in the development phase .


### contribution to the security and defence interests of the union by enhancing defence technologies which contribute to implement defence capability priorities commonly agreed by member states within the union ; and , ### contribution to the innovation and technological development of defence industries and thus to fostering the industrial autonomy of the union in the field of defence technologies ; and ,


### the commission should draw up an implementation report at the end of the programme , examining the financial activities in terms of financial implementation results and where possible , impact . this report should also analyse the cross border participation of smes in projects under the programme as well as the participation of smes to the global value chain . ### the commission should draw up an interim progress report by the end of the first year of implementation and an implementation report at the end of the programme , examining the financial activities in terms of financial implementation results and where possible , impact . this report should also analyse the cross border participation of smes in projects under the programme as well as the participation of smes to the global value chain .


### the commission shall be assisted by a committee . that committee shall be a committee within the meaning of regulation no 182 / 2011 . the european defence agency shall be invited as observer . ### the commission shall be assisted by a committee . that committee shall be a committee within the meaning of regulation no 182 / 2011 and it shall be composed of representatives of the member states and chaired by a representative of the commission . the european defence agency shall be invited to contribute as observer . the european external action service , through its relevant structures , shall also assist the work of the committee .


### as the union support aims at enhancing the competitiveness of the sector and concerns only the specific development phase , the commission should not have ownership or intellectual property rights over the products or technologies resulting from the funded actions . the applicable intellectual property rights regime will be defined contractually by the beneficiaries . ### the commission shall have ownership or intellectual property rights over the products or technologies resulting from the funded actions . the applicable intellectual property rights regime will be defined contractually between the commission and the beneficiaries .


### the financial assistance of the union under the programme should not exceed 20% of the total eligible cost of the action when it relates to prototyping which is often the most costly action in the development phase . the totality of the eligible costs should however be covered for other actions in the development phase . ### the financial assistance of the union under the programme should not exceed 30% of the eligible cost including part of the indirect cost of the action , within the meaning of article 126 of regulation no 966 / 2012 , where it relates to system prototyping which is often the costliest action in the development phase . the totality of the eligible costs could however be covered for other actions in the development phase .


### contribution to the security and defence interests of the union by enhancing defence technologies which contribute to implement defence capability priorities commonly agreed by member states within the union ; and , ### contribution to the security and defence interests of the union by enhancing defence technologies which contribute to implement defence capability priorities agreed by union ; and ,


### the programme shall provide support for actions by beneficiaries in the development phase covering both new and the upgrade of existing products and technologies , in relation : ### the programme shall provide support for actions by beneficiaries in the development phase covering both new and the upgrade of existing products and technologies , as follows :


### national authorities of the member states experience difficulties in returning illegally staying third - country nationals who possess no valid travel documents . ### since third - country nationals residing irregularly in the union do not possess valid travel documents , national authorities of the member states experience serious difficulties in lawfully and safely returning them to their country of destination .


### where necessary , additional documents necessary for the return of third - country nationals may be attached to the european travel document for return . ### where necessary , and for the sole purpose of ensuring the safe readmission of the third - country nationals , additional documents may be attached to the european travel document for return , provided that they do not endanger the private life , liberty or property of the returnee and respect the data protection safeguards provided for in regulation 2016 / . . . of the european parliament and of the council and the national laws , regulations or administrative provisions transposing directive 2016 / . . . of the european parliament and of the council .


### a more secure european travel document for the return of third - country nationals should be established to facilitate return and readmission of illegally staying third - country nationals . its enhanced security features should facilitate its recognition by third countries . such document should help carry out returns in the context of readmission agreements or other arrangements with third countries , as well as in the context of return - related co - operation with third countries not covered by formal agreements . ### a more secure harmonised european travel document for the return of third - country nationals should help facilitate the return and readmission of third - country nationals staying illegally in the union . its enhanced security and technical features should facilitate its recognition by third countries . such document should help carry out returns in the context of readmission agreements or other arrangements with third countries , as well as in the context of return - related co - operation with third countries not covered by formal agreements .


### the european travel document for return shall be established in the official language or languages of the member state that issues the return decision and , where appropriate , it shall be translated into english and french . ### the european travel document for return shall be established in the official language or languages of the member state that issues the return decision and it shall be translated into english and french .


### with regard to the processing of personal data within the framework of this regulation , competent authorities shall carry out their tasks for the purposes of this regulation in accordance with the national laws , regulations or administrative provisions transposing directive 95 / 46 / ec12 . _________________ 12 directive 95 / 46 / ec of the european parliament and of the council of 24 october 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data . ### with regard to the processing of personal data within the framework of this regulation , competent authorities shall carry out their tasks for the purposes of this regulation in accordance with regulation 2016 / . . . of the european parliament and of the council1a and the national laws , regulations or administrative transposing directive 2016 / . . . 1b . _________________ 1a regulation 2016 / . . . of the european parliament and of the council of 27 april 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data , and repealing directive 95 / 46 / ec . 1b directive 2016 / … of the european parliament and of the council on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of prevention , investigation , detection or prosecution of criminal offences or the execution of criminal penalties , and the free movement of such data and repealing council framework decision 2008 / 977 / jha .


### improving cooperation on return and readmission with the main countries of origin and transit of illegally staying third - country nationals is essential for increasing rates of return , which are unsatisfactory . ### improving cooperation on return and readmission with the main countries of origin and transit of illegally staying third - country nationals , with full respect for fundamental rights , is essential for increasing rates of return , which are as yet unsatisfactory .


### the european travel document for return shall be established in the official language or languages of the member state that issues the return decision and , where appropriate , it shall be translated into english and french . ### the european travel document for return shall be established in the official language or languages of the member state that issues the return decision and it shall be translated into english and french and into an official language of the third country of return .


### the current standard travel document for the expulsion of third - country nationals , established by council recommendation of 30 november 199410 , is not widely accepted by authorities of third countries , for reasons including its inadequate security standards . _________________ 10 council recommendation of 30 november 1994 concerning the adoption of a standard travel document for the expulsion of third - country nationals . ### the current standard travel document for the return of third - country nationals , established by council recommendation of 30 november 199410 , is not widely accepted by authorities of third countries , for various reasons including the lack of harmonised security and technical features and the lack of safeguards against counterfeiting and falsification . _________________ 10 council recommendation of 30 november 1994 concerning the adoption of a standard travel document for the expulsion of third - country nationals .


### the efsi should target projects delivering high societal and economic value . in particular , the efsi should target projects that promote job creation , long - term growth and competitiveness . the efsi should support a wide range of financial products , including equity , debt or guarantees , to best accommodate the needs of the individual project . this wide range of products should allow the efsi to adapt to market needs whilst encouraging private investment in the projects . the efsi should not be a substitute for private market finance but should instead catalyse private finance by addressing market failures so as to ensure the most effective and strategic use of public money . the requirement for consistency with state aid principles should contribute to such effective and strategic use . ### the efsi should target projects delivering high societal , environmental and economic benefits . in particular , the efsi should target projects that promote job creation , long - term and sustainable growth , the efficient use of energy and competitiveness . the efsi should support a wide range of financial products , including equity , debt or guarantees , to best accommodate the needs of the individual project . this wide range of products should allow the efsi to adapt to market needs whilst encouraging private investment in the projects . the efsi should not be a substitute for private market finance but should instead catalyse private finance by addressing market failures so as to ensure the most effective and strategic use of public money . the requirement for consistency with state aid principles should contribute to such an effective and strategic use .


### investment in education and training , health , research and development , information and communications technology and innovation ; ### investment in education and training , in innovative health solutions and new effective medicines ; in research and development , particularly in new types of renewable energy and low - carbon technologies and alternative fuels ; in projects which are still in their demonstration phase ; in eco - innovation ; in information and communications technology ;


### expansion of renewable energy and energy and resource efficiency ; ### expansion of renewable energy , low - carbon energy technologies , resource efficiency measures and accentuated support for energy efficiency projects , in particular major energy efficient refurbishment of buildings ;


### infrastructure projects in the environmental , natural resources , urban development and social fields ; ### infrastructure projects in the environmental , agricultural , natural resources , resource efficiency , waste reduction , rural and urban development , sustainable urban mobility and social fields ;


### the efsi should target projects delivering high societal and economic value . in particular , the efsi should target projects that promote job creation , long - term growth and competitiveness . the efsi should support a wide range of financial products , including equity , debt or guarantees , to best accommodate the needs of the individual project . this wide range of products should allow the efsi to adapt to market needs whilst encouraging private investment in the projects . the efsi should not be a substitute for private market finance but should instead catalyse private finance by addressing market failures so as to ensure the most effective and strategic use of public money . the requirement for consistency with state aid principles should contribute to such effective and strategic use . ### the efsi should target projects delivering high societal and economic value . in particular , the efsi should target projects that promote job creation , long - term sustainable growth and competitiveness . the efsi should support a wide range of financial products , including equity , debt or guarantees , to best accommodate the needs of the individual project . this wide range of products should allow the efsi to adapt to market needs whilst encouraging private investment in the projects . the efsi should not be a substitute for private market finance but should instead catalyse private finance by addressing market failures so as to ensure the most effective and strategic use of public money . the requirement for consistency with state aid principles should contribute to such effective and strategic use .


### the efsi should target projects delivering high societal and economic value . in particular , the efsi should target projects that promote job creation , long - term growth and competitiveness . the efsi should support a wide range of financial products , including equity , debt or guarantees , to best accommodate the needs of the individual project . this wide range of products should allow the efsi to adapt to market needs whilst encouraging private investment in the projects . the efsi should not be a substitute for private market finance but should instead catalyse private finance by addressing market failures so as to ensure the most effective and strategic use of public money . the requirement for consistency with state aid principles should contribute to such effective and strategic use . ### the efsi should target projects delivering high societal , sustainable and economic added value . in particular , the efsi should target projects that promote sustainable high quality employment creation , long - term sustainable growth and competitiveness , which will help achieve the eu ' s climate , energy and digital agenda goals . the efsi should support a wide range of financial products , including equity , debt or guarantees , to best accommodate the needs of the individual project . this wide range of products should allow the efsi to adapt to market needs whilst encouraging private investment in the projects . the efsi should not be a substitute for private market finance but should instead catalyse private finance by addressing market failures so as to ensure the most effective and strategic use of public money . the requirement for consistency with state aid principles should contribute to such effective and strategic use .


### the purpose of the efsi shall be to support investments in the union and to ensure increased access to financing for companies having up to 3000 employees , with a particular focus on small and medium enterprises , through the supply of risk bearing capacity to the eib . ### the purpose of the efsi shall be to support environmentally sound and socially acceptable investments in the union and to ensure increased access to financing for companies having up to 3000 employees , with a particular focus on small and medium enterprises , through the supply of risk bearing capacity to the eib .


### the efsi agreement shall provide for the creation of a european investment advisory hub within the eib . the eiah shall have as its objective to build upon existing eib and commission advisory services in order to provide advisory support for investment project identification , preparation and development , and act as a single technical advisory hub for project financing within the union . this shall include support on the use of technical assistance for project structuring , use of innovative financial instruments , use of public - private partnerships and advice , as appropriate , on relevant issues of eu legislation . ### the efsi agreement shall provide for the creation of a european investment advisory hub within the eib . the eiah shall have as its objective to build upon existing eib and commission advisory services in order to provide advisory support for investment project identification , preparation and development by prioritising sustainable and low - carbon energy , transport and resource - efficiency projects , and act as a single technical advisory hub for project financing within the union . this shall include support on the use of technical assistance for project structuring , use of innovative financial instruments , use of public - private partnerships and advice , as appropriate , on relevant issues of union legislation .


### development of infrastructure , including in the areas of transport , particularly in industrial centres ; energy , in particular energy interconnections ; and digital infrastructure ; ### development of sustainable , low - carbon infrastructure , including in the areas of transport , particularly sustainable modes of transport , electric mobility , eco - friendly solutions in industrial centres , and the deployment of alternative and low - carbon transport infrastructures ; energy , in particular intra - union energy interconnections , smart grids , smart meters , electricity and gas energy storage capacities ; and digital infrastructure ;


### the efsi should target projects with a higher risk - return profile than existing eib and union instruments to ensure additionality over existing operations . the efsi should finance projects across the union , including in the countries most affected by the financial crisis . the efsi should only be used where financing is not available from other sources on reasonable terms . ### the efsi should target projects with a higher risk - return profile than existing eib and union instruments to ensure additionality over existing operations . the efsi should finance environmentally sound and socially acceptable projects across the union , including in the countries most affected by the financial crisis . the efsi should only be used where financing is not available from other sources on reasonable terms .


### the investment committee shall be composed of six independent experts and the managing director . independent experts shall have a high level of relevant market experience in project finance and be appointed by the steering board for a renewable fixed term of three years . ### the investment committee shall be composed of eight independent experts and the managing director . independent experts shall have a high level of relevant market experience in project structuring and project financing , as well as macroeconomic expertise . the investment committee shall have a pluridisciplinary composition encompassing a broad range of expertise in various sectors , such as environment , research and development , transport and smes . it shall be appointed by the steering board for a renewable fixed term of three years . when appointing the committee , the steering board shall take into account the gender balance of the members .


### infrastructure projects in the environmental , natural resources , urban development and social fields ; ### infrastructure projects in the environmental , natural resources , resource efficiency , waste reduction , urban development , sustainable urban mobility and social fields ;


### the efsi should support strategic investments with high economic value added contributing to achieving union policy objectives . ### the efsi should support strategic investments or operations between a member state and a country falling within the scope of the european neighbourhood policy including the strategic partnership , the enlargement policy , and the european economic area or the european free trade association , or investments implementing the eu macro - regional strategies and operations between a member state and an overseas country or territory , as set out in annex ii of the treaty on the functioning of the european union . the investment should guarantee high economic , social and environmental value added , promoting quality jobs , sustainable innovation , skills and high quality employment , integrating and completing the single market , boosting the competitiveness of the eu . these strategic projects should benefit from positive externalities created by public investment and european structural and investment funds in order to achieve union policy objectives , including economic convergence between member states and social cohesion .


### the efsi should support strategic investments with high economic value added contributing to achieving union policy objectives . ### the efsi should support strategic investments with high economic , social and environmental value added contributing to achieving union policy objectives in an objective manner .


### the commission and the eib , with support from the member states , shall promote the creation of a transparent pipeline of current and potential future investment projects in the union . the pipeline is without prejudice to the final projects selected for support according to article 3 . ### the commission and the eib , with support from the member states , shall promote the creation of a transparent pipeline of current and potential environmentally sound and socially acceptable future investment projects in the union . the pipeline is without prejudice to the final projects selected for support according to article 3 .


### the efsi agreement shall provide that the efsi shall have an investment committee , which shall be responsible for examining potential operations in line with the efsi investment policies and approving the support of the eu guarantee for operations in line with article 5 , irrespective of their geographic location . ### the efsi agreement shall provide that the efsi shall have an investment committee , which shall be responsible for examining potential operations in line with the efsi investment policies and approving the support of the eu guarantee for operations in line with article 5 in a fully transparent and accountable manner , irrespective of their geographic location .


### the commission and the eib shall develop , update and disseminate , on a regular and structured basis , information on current and future investments which significantly contribute to achieving eu policy objectives . ### the commission and the eib shall develop , update and disseminate , on a regular and structured basis , information on current and future investments which are environmentally sound and socially acceptable and which significantly contribute to achieving eu policy objectives .


### the efsi should target investments that are expected to be economically and technically viable , which may entail a degree of appropriate risk , whilst still meeting the particular requirements for efsi financing . ### the efsi should target investments that are expected to be economically and technically viable and sufficiently mature to be considered an option , which may entail a degree of appropriate risk , whilst still meeting the particular requirements for efsi financing , namely , creating quality jobs , encouraging the transition to a low - carbon economy and promoting social and territorial cohesion within the union .


### the purpose of the efsi should be to help resolve the difficulties in financing and implementing productive investments in the union and to ensure increased access to financing . it is intended that increased access to financing should be of particular benefit to small and medium enterprises . it is also appropriate to extend the benefit of such increased access to financing to mid - cap companies , which are companies having up to 3000 employees . overcoming europe ' s current investment difficulties should contribute to strengthening the union ' s economic , social and territorial cohesion . ### the purpose of the efsi should be to help resolve the difficulties in financing and implementing productive investments in the union and to ensure increased access to financing . it is intended that increased access to financing should be of particular benefit to small and medium enterprises . it is also appropriate to extend the benefit of such increased access to financing to mid - cap companies , which are companies having up to 3000 employees . overcoming europe ' s current investment difficulties should contribute to strengthening the union ' s economic , social and territorial cohesion and energy and resource efficiency by transitioning into a sustainable , digital and circular economy .


### the efsi agreement shall provide for the creation of a european investment advisory hub within the eib . the eiah shall have as its objective to build upon existing eib and commission advisory services in order to provide advisory support for investment project identification , preparation and development and act as a single technical advisory hub for project financing within the union . this shall include support on the use of technical assistance for project structuring , use of innovative financial instruments , use of public - private partnerships and advice , as appropriate , on relevant issues of eu legislation . ### the efsi agreement shall provide for the creation of a european investment advisory hub within the eib . the eiah shall have as its objective to build upon existing eib and commission advisory services in order to provide advisory support for investment project identification , preparation and development and act as a single technical advisory hub for project financing within the union . the eiah shall provide targeted assistance in line with the specific characteristics and needs of member states with more weakly developed financial markets . this shall include support on the use of technical assistance for project structuring , use of innovative financial instruments , use of public - private partnerships and advice , as appropriate , on relevant issues of eu legislation .


### the efsi should support strategic investments with high economic value added contributing to achieving union policy objectives . ### the efsi should support strategic investments with high economic added value and the potential for achieving union policy objectives , in particular the union ' s energy , climate and efficiency targets as well as its sustainable development goals .


### any decision on re - use shall contain a reference to the means of redress in case the applicant wishes to appeal the decision . the means of redress shall include the possibility of review by an impartial review body with the appropriate expertise , such as the national competition authority , the national access to documents authority or a national judicial authority , whose decisions are binding upon the public sector body concerned . ### any decision on re - use shall contain a reference to the means of redress in case the applicant wishes to appeal the decision . the means of redress shall include the possibility of review by an impartial review body with the appropriate expertise , such as the national competition authority , the national supervisory authority set up in accordance with article 51 of regulation 2016 / 679 , the national access to documents authority or a national judicial authority , whose decisions are binding upon the public sector body concerned .


### enhancing the effectiveness of labour markets and access to quality employment through developing social innovation and infrastructure ; ### enhancing the effectiveness of labour markets and access to quality employment and support for worker mobility through developing social innovation and infrastructure ;


### promoting climate change adaptation , risk prevention and disaster resilience ; ### promoting climate change adaptation , risk prevention and management and disaster resilience ;


### promoting sustainable multimodal urban mobility ; ### promoting sustainable multimodal mobility in both urban and rural areas ;


### increasing the socioeconomic integration of marginalised communities , migrants and disadvantaged groups , through integrated measures including housing and social services ; ### increasing the socio - economic integration of marginalised communities and disadvantaged groups , through integrated measures including housing and social services ;


### ' a greener , low - carbon europe by promoting clean and fair energy transition , green and blue investment , the circular economy , climate adaptation and risk prevention and management by : ### ' a greener , lower - carbon europe by promoting and supporting clean and fair energy transition , green and blue investment , the circular economy , climate adaptation and risk prevention and management by :


### the european border and coast guard agency is to be considered a data controller in accordance with article 2 of regulation no 45 / 2001 in relation to the processing of personal data in the etias central system . ### the european border and coast guard agency is to be considered a data controller in accordance with article 2 of regulation no 45 / 2001 in relation to the processing of personal data in the etias central system . in relation to information security management of the etias central system , the european border and coast guard agency and eu - lisa are to be considered joint controllers .


### a travel authorisation with limited territorial validity may be issued exceptionally , when the member state concerned considers it necessary on humanitarian grounds , for reasons of national interest or because of international obligations notwithstanding the fact that the manual assessment process pursuant to article 22 is not yet completed or that a travel authorisation has been refused , annulled or revoked . ### a travel authorisation with limited territorial validity may be issued exceptionally , when the member state or member states concerned consider it necessary on humanitarian grounds , for reasons of national interest or because of international obligations notwithstanding the fact that the manual assessment process pursuant to article 22 is not yet completed or that a travel authorisation has been refused , annulled or revoked .


### in order to assess the security , irregular migration or public health risk which could be posed by a traveller , interoperability between the etias information system and other information systems consulted by etias such as the entry / exit system , the visa information system , the europol data , the schengen information system , the eurodac and the european criminal records information system should have to be established . however this interoperability can only be fully ensured once the proposals to establish the ees33 , the ecris34 and the recast proposal of the eurodac regulation35 have been adopted . _________________ 33 proposal for a regulation of the european parliament and of the council establishing an entry / exit system to register entry and exit data and refusal of entry data of third country nationals crossing the external borders of the member states of the european union and determining the conditions for access to the ees for law enforcement purposes and amending regulation no 767 / 2008 and regulation com 194 final . 34 proposal for a directive of the european parliament and of the council amending council framework decision 2009 / 315 / jha , as regards the exchange of information on third country nationals and as regards the european criminal records information system , and replacing council decision 2009 / 316 / jha . 35 proposal for a regulation of the european parliament and of the council on the establishment of ' eurodac ' for the comparison of fingerprints for the effective application of [ regulation no 604 / 2013 establishing the criteria and mechanisms for determining the member state responsible for examining an application for international protection lodged in one of the member states by a third - country national or a stateless person ] , for identifying an illegally staying third - country national or stateless person and on requests for the comparison with eurodac data by member states ' law enforcement authorities and europol for law enforcement purposes com 272 final . ### in order to assess the security or irregular migration which could be posed by a traveller , interoperability between the etias information system and other information systems consulted by etias such as the entry / exit system , the visa information system , the europol data , the schengen information system , the eurodac and the european criminal records information system should have to be established . however this interoperability can only be fully ensured once the proposals to establish the ees33 , the ecris34 and the recast proposal of the eurodac regulation35 have been adopted . _________________ 33 proposal for a regulation of the european parliament and of the council establishing an entry / exit system to register entry and exit data and refusal of entry data of third country nationals crossing the external borders of the member states of the european union and determining the conditions for access to the ees for law enforcement purposes and amending regulation no 767 / 2008 and regulation com 194 final . 34 proposal for a directive of the european parliament and of the council amending council framework decision 2009 / 315 / jha , as regards the exchange of information on third country nationals and as regards the european criminal records information system , and replacing council decision 2009 / 316 / jha . 35 proposal for a regulation of the european parliament and of the council on the establishment of ' eurodac ' for the comparison of fingerprints for the effective application of [ regulation no 604 / 2013 establishing the criteria and mechanisms for determining the member state responsible for examining an application for international protection lodged in one of the member states by a third - country national or a stateless person ] , for identifying an illegally staying third - country national or stateless person and on requests for the comparison with eurodac data by member states ' law enforcement authorities and europol for law enforcement purposes com 272 final .


### where the automated processing laid down in article 18 has reported a hit , the etias national unit of the responsible member state shall assess the irregular migration , security or public health risk and decide whether to issue or refuse a travel authorisation . ### where the automated processing laid down in article 18 has reported a hit , the etias national unit of the responsible member state shall assess the irregular migration or security risk and decide whether to issue or refuse a travel authorisation .


### applicants who have been refused a travel authorisation shall have the right to appeal . appeals shall be conducted in the member state that has taken the decision on the application and in accordance with the national law of that member state . the etias national unit of the responsible member state shall provide applicants with information regarding the procedure to be followed in the event of an appeal . ### applicants who have been refused a travel authorisation shall have the right to appeal and to an effective remedy . appeals and remedies shall be conducted in the member state that has taken the decision on the application and in accordance with the national law of that member state . appeals and remedies shall be supervised by a judicial body . the etias national unit of the responsible member state shall provide applicants with information regarding the procedure to be followed in the event of an appeal or a remedy .


### where a travel authorisation is amended by the etias central unit or an etias national unit during its validity period , the etias central system shall carry out the automated processing laid down in article 18 to determine whether the amended application file triggers a hit pursuant to article 18 to . where the automated processing does not report any hit , the etias central system shall issue an amended travel authorisation with the same validity of the original and notify the applicant . where the automated processing reports one or several hit , the etias national unit of the member state of first entry as declared by the applicant in accordance with article 15 shall assess the irregular migration , security or public health risk and shall decide whether to issue an amended travel authorisation or , where it concludes that the conditions for granting the travel authorisation are no longer met , revoke the travel authorisation . ### where a travel authorisation is amended following a request pursuant to in this paragraph by the etias central unit or an etias national unit during its validity period , the etias central system shall carry out the automated processing laid down in article 18 to determine whether the amended application file triggers a hit pursuant to article 18 to . where the automated processing does not report any hit , the etias central system shall issue an amended travel authorisation with the same validity of the original and notify the applicant . where the automated processing reports one or several hit , in accordance with article 22 , the etias national unit of the responsible member state shall assess the irregular migration , security or public health risk and shall decide whether to issue an amended travel authorisation or , where it concludes that the conditions for granting the travel authorisation are no longer met , revoke the travel authorisation .


### the travel authorisation fee shall be waived for children under eighteen years . ### the travel authorisation fee shall be waived for children under 18 years and elderly persons aged 65 years and above .


### for the purpose of paragraph 1 , eu - lisa shall establish , implement and host a central repository containing the data referred to in paragraph 1 which would not allow for the identification of individuals and would allow the authorities listed in paragraph 1 to obtain customisable reports and statistics to improve the assessment of the irregular migration , security and health risks , to enhance the efficiency of border checks , to help the etias central unit processing the travel authorisation applications and to support evidence - based union migration policymaking . the repository shall also contain daily statistics on the data referred to in paragraph 4 . access to the central repository shall be granted by means of secured access through s - testa with control of access and specific user profiles solely for the purpose of reporting and statistics . ### for the purpose of paragraph 1 , eu - lisa shall , according to the principles of data protection by design and by default , establish , implement and host a central repository containing the data referred to in paragraph 1 which would not allow for the identification of individuals and would allow the authorities listed in paragraph 1 to obtain customisable reports and statistics to improve the assessment of the irregular migration and security risks , to enhance the efficiency of border checks , to help the etias central unit processing the travel authorisation applications and to support evidence - based union migration policymaking . the repository shall also contain daily statistics on the data referred to in paragraph 4 . access to the central repository shall be granted by means of secured access through s - testa with control of access and specific user profiles solely for the purpose of reporting and statistics .


### detailed rules on the operation of the central repository and the data protection and security rules applicable to the repository shall be adopted in accordance with the examination procedure referred to in article 79 . ### the commission shall be empowered to adopt delegated acts in accordance with article 78 on the detailed rules on the operation of the central repository and the data protection and security rules applicable to the repository .


### the member state responsible for the manual processing of applications pursuant to this article shall be the member state of first entry as declared by the applicant in accordance with article 15 . ### the member state responsible for the manual processing of applications pursuant to this article shall be : in case of a hit from any of the checked systems , the member state which entered the most recent alert resulting in a hit ; in the case of a hit from the etias watchlist , the member state which provided the data for the watchlist ; in all other cases , the member state of intended destination as declared by the applicant in accordance with article 15 .


### this regulation establishes a ' european travel information and authorisation system ' for third country nationals exempt from the requirement to be in possession of a visa when crossing the external borders enabling to determine whether their presence in the territory of the member states does not pose an irregular migration , security or public health risk . for this purpose a travel authorisation and the conditions and procedures to issue or refuse it are introduced . ### this regulation establishes a ' european travel information and authorisation system ' for third country nationals exempt from the requirement to be in possession of a visa when crossing the external borders enabling to determine whether their presence in the territory of the member states does not pose an irregular migration or security risk . for this purpose a travel authorisation and the conditions and procedures to issue or refuse it are introduced .


### issued travel authorisations should be annulled or revoked as soon as it becomes evident that the conditions for issuing it were not or are no longer met . in particular , when a new sis alert is created for a refusal of entry or for a reported lost or stolen travel document , the sis should inform the etias which should verify whether this new alert corresponds to a valid travel authorisation . in such a case , the etias national unit of the member state having created the alert should be immediately informed and revoke the travel authorisation . following a similar approach , new elements introduced in the etias watchlist shall be compared with the application files stored in the etias in order to verify whether this new element corresponds to a valid travel authorisation . in such a case , the etias national unit of the member state of first entry should assess the hit and , where necessary , revoke the travel authorisation . a possibility to revoke the travel authorisation at the request of the applicant should also be provided . ### issued travel authorisations should be annulled or revoked as soon as it becomes evident that the conditions for issuing it were not or are no longer met . in particular , when a new sis alert is created for a refusal of entry or for a reported lost or stolen travel document , the sis should inform the etias which should verify whether this new alert corresponds to a valid travel authorisation . in such a case , the etias national unit of the member state having created the alert should be immediately informed and revoke the travel authorisation . following a similar approach , new elements introduced in the etias watchlist shall be compared with the application files stored in the etias in order to verify whether this new element corresponds to a valid travel authorisation . in such a case , the etias national unit of the responsible member state should assess the hit and , where necessary , revoke the travel authorisation . a possibility to revoke the travel authorisation at the request of the applicant should also be provided .


### for third country nationals referred to in article 2 , the travel authorisation as defined in article 3 shall be understood as a decision issued in accordance with this regulation indicating that there are no factual indications or reasonable grounds to conclude that the presence of the person on the territory of the member states poses a security or public health risk in accordance with directive 2004 / 38 / ec . ### for third country nationals referred to in article 2 , the travel authorisation as defined in article 3 shall be understood as a decision issued in accordance with this regulation indicating that there are no factual indications or reasonable grounds to conclude that the presence of the person on the territory of the member states poses a security risk in accordance with directive 2004 / 38 / ec .


### where the hit corresponds to one or several of the categories laid down in article 18 to , refuse a travel authorisation . ### where the hit corresponds to one or several of the categories laid down in article 18 and , refuse a travel authorisation .


### the continuous emergence of new forms of security threats , new patterns of irregular migration and public health threats requires effective responses and needs to be countered with modern means . since these means entail the processing of important amounts of personal data , appropriate safeguards should be introduced to keep the interference with the right to protection of private life and to the right of protection of personal data limited to what is necessary in a democratic society . ### the continuous emergence of new forms of security threats and new patterns of public health threats requires effective responses and needs to be countered with modern means . since these means entail the processing of important amounts of personal data , appropriate safeguards should be introduced to keep the interference with the right to protection of private life and to the right of protection of personal data limited to what is necessary in a democratic society .


### reasonable grounds exist to consider that the consultation of data stored in the etias central system may substantially contribute to the prevention , detection or investigation of any of the criminal offences in question , in particular where there is a substantiated suspicion that the suspect , perpetrator or victim of a terrorist offence or other serious criminal offence falls under the category of third country nationals covered by this regulation ; ### detailed grounds exist based on the established facts to consider that the information on the data stored in the etias central system may substantially contribute to the prevention , detection or investigation of any of the criminal offences in question , in particular where the suspect , perpetrator or victim of a terrorist offence or other serious criminal offence falls under the category of third country nationals covered by this regulation ;


### in an exceptional case of urgency , where there is a need to immediately obtain personal data necessary for preventing the commission of a serious crime or for prosecuting its perpetrators , the central access point shall process the request immediately and without the independent verification provided in paragraph 2 . an ex post independent verification shall take place without undue delay after the processing of the request , including whether an exceptional case of urgency actually existed . ### in an exceptional case of urgency , where there is a need to prevent an imminent danger associated with a terrorist offence or other serious criminal offence , the central access point shall process the request immediately and without the independent verification provided in paragraph 2 . an independent ex post verification shall verify whether the conditions referred to in article 45 are fulfilled , including whether an exceptional case of urgency actually existed . the ex post independent verification shall take place without undue delay after the processing of the request .


### that decisions on applications must be notified to the applicant , that such decisions must state , where relevant , the reasons for refusal on which they are based and that applicants whose applications are refused have a right to appeal , with information regarding the procedure to be followed in the event of an appeal , including the competent authority , as well as the time limit for lodging an appeal ; ### that decisions on applications must be notified to the applicant , that such decisions must state clearly , where relevant , the reasons for refusal on which they are based and that applicants whose applications are refused have a right to appeal and to an effective remedy , with information regarding the procedure to be followed in the event of an appeal or a remedy , including the competent authority , as well as the time limit for lodging an appeal or a remedy ;


### to meet its objectives , the etias should provide an online application form that the applicant should fill in with declarations relating to his or her identity , travel document , residence information , contact details , education and current occupation , his or her condition of family member to eu citizens or third country nationals benefiting from free movement not holding a residence card , if the applicant is minor , identity of the responsible person and answers to a set of background questions . access to the applicants ' health data should only be allowed to determine whether they represent a threat to public health . ### to meet its objectives , the etias should provide an online application form that the applicant should fill in with declarations relating to his or her identity , travel document , residence information , contact details , his or her condition of family member to eu citizens or third country nationals benefiting from free movement not holding a residence card , if the applicant is minor , identity of the responsible person and answers to a set of background questions .


### for the purpose of paragraph 1 , eu - lisa shall establish , implement and host a central repository containing the data referred to in paragraph 1 which would not allow for the identification of individuals and would allow the authorities listed in paragraph 1 to obtain customisable reports and statistics to improve the assessment of the irregular migration , security and health risks , to enhance the efficiency of border checks , to help the etias central unit processing the travel authorisation applications and to support evidence - based union migration policymaking . the repository shall also contain daily statistics on the data referred to in paragraph 4 . access to the central repository shall be granted by means of secured access through s - testa with control of access and specific user profiles solely for the purpose of reporting and statistics . ### for the purpose of paragraph 1 , eu - lisa shall establish , implement and host a central repository containing the data referred to in paragraph 1 which would not allow for the identification of individuals and would allow the authorities listed in paragraph 1 to obtain customisable reports and statistics to improve the assessment of the security and health risks , to enhance the efficiency of border checks , to help the etias central unit processing the travel authorisation applications and to support evidence - based union migration policymaking . the repository shall also contain daily statistics on the data referred to in paragraph 4 . access to the central repository shall be granted by means of secured access through s - testa with control of access and specific user profiles solely for the purpose of reporting and statistics .


### where the examination of an application pursuant to the procedures laid down in chapters iii , iv and v indicates that there are no factual indications or reasonable grounds to conclude that the presence of the person on the territory of the member states poses an irregular migration , security or public health risk , a travel authorisation shall be issued by the etias central system or the etias national unit of the responsible member state . ### where the examination of an application pursuant to the procedures laid down in chapters iii , iv and v indicates that there are no factual indications or reasonable grounds to conclude that the presence of the person on the territory of the member states poses a security or public health risk , a travel authorisation shall be issued by the etias central system or the etias national unit of the responsible member state .


### the etias central system shall compare the relevant data referred to in article 15 , , and and the specific risk indicators referred to in article 28 . ### the etias central system shall compare the relevant data referred to in article 15 and and the specific risk indicators referred to in article 28 .


### a travel authorisation with limited territorial validity shall be valid for the territory of the issuing member state and for a maximum of 15 days . ### a travel authorisation with limited territorial validity shall be valid for the territory of member states concerned and for a maximum of 30 days .


### five years from the last decision to refuse , revoke or annul the travel authorisation in accordance with articles 31 , 34 and 35 . ### two years from the last decision to refuse , revoke or annul the travel authorisation in accordance with articles 31 , 34 and 35 .


### the etias watchlist shall consist of data related to persons who are suspected of having committed or taken part in a criminal offence or persons regarding whom there are factual indications or reasonable grounds to believe that they will commit criminal offences . ### the etias watchlist shall consist of data related to persons who are suspected by one or several member states of having committed or taken part in a serious criminal offence or persons regarding whom there are factual indications or reasonable grounds to believe that they will commit criminal offences .


### information on the procedure to be followed for an appeal . ### information on the procedure to be followed for an appeal or a remedy .


### consultation of the etias central system shall , in the event of a hit with data recorded in an application file , give access to the data referred to in article 15 to and to as recorded in that application file as well as to data entered in that application file in respect of the issuing , refusal , revocation or annulment of a travel authorisation in accordance with articles 33 and 37 . access to the data referred to in article 15 and in to as recorded in the application file shall only be given if consultation of that data was explicitly requested by the operating units in the reasoned electronic request submitted under article 44 and approved by the independent verification . consultation of the etias central system shall not give access to data concerning the education as referred to in article 15 or on whether or not the applicant may pose a public health risk as referred to in article 15 . ### consultation of the etias central system shall , in the event of a hit with data recorded in an application file , give access to the data referred to in article 15 to and to as recorded in that application file as well as to data entered in that application file in respect of the issuing , refusal , revocation or annulment of a travel authorisation in accordance with articles 33 and 37 . access to the data referred to in article 15 and in to as recorded in the application file shall only be given if consultation of that data was explicitly requested by the operating units in the reasoned electronic request submitted under article 44 and approved by the independent verification .