### monitor the correct implementation of the operational plan ; ### monitor the correct implementation of the operational plan , including on the protection of fundamental rights ;


### the executive director shall withdraw the financing of a joint operation or a rapid border intervention , or suspend or terminate , in whole or in part , a joint operation or rapid border intervention if he or she considers that there are violations of fundamental rights or international protection obligations that are of a serious nature or are likely to persist . ### the executive director shall after informing the member state concerned , withdraw the financing of a joint operation , rapid border intervention or deployment of migration management support teams , or suspend or terminate , in whole or in part , a joint operation , rapid border intervention or deployment of migration management support teams if he or she considers that there are violations of fundamental rights or international protection obligations that are of a serious nature or are likely to persist . the executive director shall inform the management board of such a decision


### the agency may provide the necessary assistance and ensure , at the request of the participating member states , or propose on its own initiative , the coordination or the organisation of return operations , for which the means of transport and forced return escorts are made available by a third country of return . the participating member states and the agency shall ensure that the respect of fundamental rights and the proportionate use of means of constraints are guaranteed during the entire removal operation . at least a member state representative and a forced return monitor from the pool established under article 28 shall be present throughout the entire return operation until arrival at the third country of return . ### the agency may provide the necessary assistance and ensure , at the request of the participating member states , or propose on its own initiative , the coordination or the organisation of return operations , for which the means of transport and forced return escorts are made available by a third country of return , provided that that third country is bound by the european convention on human rights . the agency shall ensure that the respect of fundamental rights and the proportionate use of means of constraints are guaranteed during the entire removal operation . at least a member state representative and a forced return monitor from the pool established under article 28 shall be present throughout the entire return operation until arrival at the third country of return .


### the agency may provide the necessary assistance and ensure , at the request of the participating member states , or propose on its own initiative , the coordination or the organisation of return operations , for which the means of transport and forced return escorts are made available by a third country of return . the participating member states and the agency shall ensure that the respect of fundamental rights and the proportionate use of means of constraints are guaranteed during the entire removal operation . at least a member state representative and a forced return monitor from the pool established under article 28 shall be present throughout the entire return operation until arrival at the third country of return . ### the agency may provide the necessary assistance and ensure , at the request of the participating member states , or propose on its own initiative , the coordination or the organisation of return operations , for which the means of transport and forced return escorts are made available by a third country of return . the participating member states and the agency shall ensure that the respect of fundamental rights and the proportionate use of means of constraints are guaranteed during the entire removal operation , in the strictest compliance with international human rights law , namely the principle of non - refoulement . at least a member state representative and a forced return monitor from the pool established under article 28 shall be present throughout the entire return operation until arrival at the third country of return .


### every return operation shall be monitored in accordance with article 8 of directive 2008 / 115 / ec . the monitoring of return operations shall be carried out on the basis of objective and transparent criteria and shall cover the whole return operation from the pre - departure phase until the hand - over of the returnees in the third country of return . ### every return operation shall be monitored in accordance with article 8 of directive 2008 / 115 / ec . the monitoring of return operations shall be carried by the forced return monitor out on the basis of objective and transparent criteria and shall cover the whole return operation from the pre - departure phase until the hand - over of the returnees in the third country of return . the forced return monitor shall submit a report on the monitoring of the operation to the executive director and to the competent national authorities of all the member states involved in that operation . any appropriate follow - up shall be ensured by the executive director and competent national authorities respectively .


### the executive director shall determine the profile and the number of the forced return escorts to be made available to that pool . the same procedure shall apply with regard to any subsequent changes in the profile and the number . member states shall contribute to the pool by nominating the specialists corresponding to the defined profile . ### the management board on a proposal of the executive director shall determine the profile and the number of the return specialists to be made available to that pool . the same procedure shall apply with regard to any subsequent changes in the profile and overall numbers . member states shall contribute to the pool by nominating the specialists corresponding to the defined profile


### the european border and coast guard shall , in the performance of its tasks , take into account the special needs of children , victims of trafficking in human beings , persons in need of medical assistance , persons in need of international protection , persons in distress at sea and other persons in a particularly vulnerable situation . ### the european border and coast guard shall , in the performance of its tasks , better identify and take into account the special needs of persons in a vulnerable situation , such as children , victims of trafficking in human beings , persons in need of medical assistance , pregnant women , persons in need of international protection and persons in distress at sea .


### the agency shall develop and regularly update a code of conduct for the return of illegally staying third - country nationals which shall apply during all return operations and return interventions coordinated or organised by the agency . that code of conduct shall describe common standardised procedures to simplify the organisation of return operations and return interventions , and assure return in a humane manner and with full respect for fundamental rights , in particular the principles of human dignity , prohibition of torture and of inhuman or degrading treatment or punishment , the right to liberty and security and the right to the protection of personal data and non - discrimination . ### the agency shall develop and regularly update a code of conduct for the return of those third - country nationals who are subject to a final return decision which shall apply during all return operations and return interventions coordinated or organised by the agency . that code of conduct shall describe common standardised procedures to simplify the organisation of return operations and return interventions , and assure return in a humane manner and with full respect for fundamental rights , in particular the principles of human dignity , prohibition of torture and of inhuman or degrading treatment or punishment , the right to liberty and security and the right to the protection of personal data and non - discrimination .


### the agency shall , in cooperation with the appropriate training entities of the member states , develop specific training tools and provide border guards and other relevant staff who are members of the european border and coast guard teams with advanced training relevant to their tasks and powers . experts from the staff of the agency shall conduct regular exercises with those border guards in accordance with the advanced training and exercise schedule referred to in the annual work programme of the agency . ### the agency shall , in cooperation with the appropriate training entities of the member states , develop specific training tools , including child specific measures when children are involved , and provide border guards and other relevant staff who are members of the european border and coast guard teams with advanced training relevant to their tasks and powers . experts from the staff of the agency shall conduct regular exercises with those border guards in accordance with the advanced training and exercise schedule referred to in the annual work programme of the agency .


### the agency shall take the necessary initiatives to ensure training for staff involved in return - related tasks to be part of the pools referred to in articles 28 , 29 and 30 . the agency shall ensure that all staff who participate in return operations and in return interventions , as well as the staff of the agency , have received , prior to their participation in operational activities organised by the agency , training in relevant union and international law , including fundamental rights and access to international protection . ### the agency shall take the necessary initiatives to ensure training for staff involved in return - related tasks to be part of the pools referred to in articles 28 , 29 and 30 . the agency shall ensure that all staff who participate in return operations and in return interventions , as well as the staff of the agency , have received , prior to their participation in operational activities organised by the agency , training in relevant union and international law and practice , including fundamental rights , access to international protection , as well as better identification of and assistance to persons in a vulnerable situation .


### the agency shall establish and further develop common core curricula for the training of border guards and provide training at european level for instructors of the national border guards of member states , including with regard to fundamental rights , access to international protection and relevant maritime law . the agency shall draw up the common core curricula after consulting the consultative forum . member states shall integrate the common core curricula in the training of their national border guards and staff involved in return - related tasks . ### the agency shall establish and further develop common core curricula for the training of border guards and provide training at european level for instructors of the national border guards of member states , including with regard to fundamental rights , access to international protection , relevant maritime law , the codes of conduct drawn up in accordance with article 34 , and relevant international standards such as the sphere minimum standards in humanitarian response . the agency shall draw up the common core curricula after consulting the consultative forum . member states shall integrate the common core curricula in the training of their national border guards and staff involved in return - related tasks .


### members of the teams shall have the capacity to perform all tasks and exercise all powers for border control and return as well as those which are necessary for the realisation of the objectives of regulation no 562 / 2006 and directive 2008 / 115 / ec , respectively . ### members of the teams shall have the capacity to perform all tasks and exercise all powers for external border control and return as well as those which are necessary for the realisation of the objectives of regulation no 562 / 2006 and directive 2008 / 115 / ec , respectively .


### for the purpose of this regulation , the host member state shall authorise members of the teams to consult its national and european databases the consultation of which is necessary for border checks , border surveillance and return . the members of the teams shall consult only those data which are required for performing their tasks and exercising their powers . the host member state shall , in advance of the deployment of the members of the teams , inform the agency of the national and european databases which may be consulted . the agency shall make this information available to all member states participating in the deployment . ### for the purpose of this regulation , the host member state shall authorise members of the teams to consult european databases and it may authorise them to consults its national database which are necessary for fulfilling operational aims specified in the operational plan on border checks , border surveillance and return . the members of the teams shall consult only those data which are required for performing their tasks and exercising their powers . the host member state shall , in advance of the deployment of the members of the teams , inform the agency of the national and european databases which may be consulted . the agency shall make this information available to all member states participating in the deployment .


### where members of the teams are operating in a host member state , that member state shall be liable in accordance with its national law for any damage caused by them during their operations . ### where members of the teams are operating in a host member state , which is responsible for their instructions in accordance with article 20 , that member state shall be liable in accordance with its national law for any damage caused by them during their operations .


### the management board shall establish measures for the application of regulation no 45 / 2001 by the agency , including those concerning the data protection officer of the agency . those measures shall be established after consultation of the european data protection supervisor . ### a data protection officer shall be appointed in accordance with regulation no 45 / 2001 . the management board shall establish measures for the application of that regulation by the agency . those measures shall be established after consultation of the european data protection supervisor .


### license plate numbers , telephone numbers or ship identification numbers , which are necessary for investigating and analysing routes and methods used for irregular immigration and cross - border criminal activities . ### license plate numbers , telephone numbers or ship identification numbers , which are necessary for investigating and analysing routes and methods used for irregular migration and cross - border criminal activities .


### where transmissionto the european asylum support office , europol or eurojust is necessary for use in accordance with their respective mandates and in accordance with article 51 ; ### where transmission to the european asylum support office , europol or eurojust is necessary for use in accordance with their respective mandates and in accordance with article 51 ;


### the agency shall cooperate with the commission , other union institutions , the european external action service , europol , the european asylum support office , the european union agency for fundamental rights , eurojust , the european union satellite centre , the european maritime safety agency and the european fisheries control agency as well as other union , agencies , bodies , offices in matters covered by this regulation , and in particular with the objectives of preventing and combating irregular immigration and cross - border crime including the facilitation of irregular immigration , trafficking in human being and terrorism . ### the agency shall cooperate with the european parliament , the commission and other union institutions , the european external action service , europol , the european asylum support office , the european union agency for fundamental rights , eurojust , the european union satellite centre , the european maritime safety agency and the european fisheries control agency as well as other union , agencies , bodies , offices in matters covered by this regulation , and in particular with the objectives of preventing and combating irregular immigration and cross - border crime including the facilitation of irregular immigration , trafficking in human being and terrorism .


### in matters covered by its activities and to the extent required for the fulfilment of its tasks , the agency shall facilitate and encourage operational cooperation between member states and third countries , within the framework of the external relations policy of the union , including with regard to the protection of fundamental rights . the agency and the member states shall comply with norms and standards at least equivalent to those set by union legislation also when cooperation with third countries takes place on the territory of those countries . the establishment of cooperation with third countries shall serve to promote european border management and return standards . ### in matters covered by its activities and to the extent required for the fulfilment of its tasks , the agency shall facilitate and encourage operational cooperation between member states and third countries , within the framework of the external relations policy of the union , in particular with regard to the protection of fundamental rights . the agency and the member states shall comply with norms and standards at least equivalent to those set by union legislation also when cooperation with third countries takes place on the territory of those countries . the establishment of cooperation with third countries shall serve to promote european border management and return standards , with full respect for human rights and international law .


### in matters covered by its activities and to the extent required for the fulfilment of its tasks , the agency shall facilitate and encourage operational cooperation between member states and third countries , within the framework of the external relations policy of the union , including with regard to the protection of fundamental rights . the agency and the member states shall comply with norms and standards at least equivalent to those set by union legislation also when cooperation with third countries takes place on the territory of those countries . the establishment of cooperation with third countries shall serve to promote european border management and return standards . ### in matters covered by its activities and to the extent required for the fulfilment of its tasks , the agency shall facilitate and encourage operational cooperation between member states and third countries , within the framework of the external relations policy of the union , including with regard to the protection of fundamental rights and the principle of non - refoulement . the agency and the member states shall comply with union law , including norms and standards which form part of the union acquis , when cooperation with third countries takes place on the territory of those countries . the establishment of cooperation with third countries shall serve to promote european border management and return standards .


### the agency may cooperate with the authorities of third countries competent in matters covered by this regulation with the support of and in coordination with union delegations , as well as within the framework of working arrangements concluded with those authorities in accordance with union law and policy . those working arrangements shall be related to the management of operational cooperation . such arrangements shall have received the commission’s prior approval . ### the agency may cooperate with the authorities of third countries competent in matters covered by this regulation with the support of and in coordination with union delegations , as well as within the framework of working arrangements concluded with those authorities in accordance with union law , policy , and norms for the protection of fundamental rights . those working arrangements shall be related to the management of operational cooperation . the european parliament shall be consulted before the determination of such arrangements , which shall also have received the commission ' s prior approval .


### the agency may cooperate with the authorities of third countries competent in matters covered by this regulation with the support of and in coordination with union delegations , as well as within the framework of working arrangements concluded with those authorities in accordance with union law and policy . those working arrangements shall be related to the management of operational cooperation . such arrangements shall have received the commission’s prior approval . ### the agency may cooperate with the authorities of third countries competent in matters covered by this regulation with the support of and in coordination with union delegations , as well as within the framework of working arrangements concluded with those authorities in accordance with union law and policy . those working arrangements shall detail the scope , nature and purpose of the cooperation and the management of operational cooperation . such arrangements have received the commission ' s prior approval and shall have been presented to the relevant committee in the european parliament prior to receiving such approval .


### in circumstances requiring increased technical and operational assistance , the agency may coordinate operational cooperation between member states and third countries in the field of management of external borders , and it shall have the possibility of carrying out joint operations at the external borders involving one or more member states and a third country neighbouring at least one of those member states , subject to the agreement of that neighbouring third country , including on the territory of that third country . the commission shall be informed of such activities . ### in circumstances requiring increased technical and operational assistance , the agency may coordinate operational cooperation between member states and third countries in the field of management of external borders . the agency shall have the possibility of carrying out actions at the external borders involving one or more member states and a third country neighbouring at least one of those member states , subject to the agreement of that neighbouring third country , including on the territory of that third country . operations shall be carried out on the basis of an operational plan agreed also by the member state bordering the operational area . the participation of member states in joint operations on the territory of third countries , shall be on a voluntary basis . the commission shall be informed of such activities


### the agency may also , with the agreement of the member states concerned invite observers from third countries to participate in its activities at the external borders referred to in article 13 , return operations referred to in article 27 , return interventions referred to in article 32 and training referred to in article 35 , to the extent that their presence is in accordance with the objectives of those activities , may contribute to improving cooperation and the exchange of best practices , and does not affect the overall safety of those activities . the participation of those observers may take place only with the agreement of the member states concerned regarding the activities referred to in articles 13 , 27 and 35 and only with the agreement of the host member state regarding those referred to in article 13 and 32 . detailed rules on the participation of observers shall be included in the operational plan . those observers shall receive the appropriate training from the agency prior to their participation . ### the agency may also , with the agreement of the member states concerned invite observers from third countries to participate in its activities at the external borders referred to in article 13 , return operations referred to in article 27 , return interventions referred to in article 32 and training referred to in article 35 , to the extent that their presence is in accordance with the objectives of those activities , may contribute to improving cooperation and the exchange of best practices , and does not affect the overall safety of those activities . the participation of those observers may take place only with the agreement of the member states concerned regarding the activities referred to in articles 13 , 27 and 35 and only with the agreement of the host member state regarding those referred to in article 13 and 32 . detailed rules on the participation of observers shall be included in the operational plan . those observers shall receive the appropriate training from the agency prior to their participation and shall be required to adhere to the codes of conduct of the agency while participating in its activities .


### only substantiated complaints involving concrete fundamental rights violations shall be admissible . complaints which are anonymous , malicious , frivolous , vexatious , hypothetical or inaccurate shall be excluded from the complaint mechanism . ### only complaints based on violations of fundamental rights as protected by eu and international law shall be admissible . complaints submitted by third parties acting in good faith in the interest of a complainant who may wish to keep his or her identity undisclosed shall be admitted in the complaint mechanism .


### the fundamental rights officer shall be responsible for handling complaints received by the agency in accordance with the right to good administration . for this purpose , the fundamental rights officer shall review the admissibility of a complaint , register admissible complaints , forward all registered complaints to the executive director , forward complaints concerning border guards to the home member state and register the follow - up by the agency or that member state . ### the fundamental rights officer shall be responsible for handling complaints received by the agency in accordance with the eu charter of fundamental rights , including the right to good administration . for this purpose , the fundamental rights officer shall review the admissibility of a complaint , register admissible complaints , forward all registered complaints to the executive director and complaints concerning border guards to the home member state , including the relevant authority or body competent for fundamental rights in member state , within a determined time period . the fundamental rights officer will also register and ensure the follow - up by the agency or that member state . any decision shall be in written form and reasoned . the fundamental rights officer shall inform the complainant of the decision on admissibility , and of the national authorities to which his or her complaint was forwarded . the person shall have the right to appeal decisions on admissibility .


### in case of a registered complaint concerning a staff member of the agency , the executive director shall ensure appropriate follow - up , including disciplinary measures as necessary . the executive director shall report back to the fundamental rights officer as to the findings and follow - up given by the agency to a complaint . ### in case of a registered complaint concerning a staff member of the agency , the fundamental rights officer shall ensure appropriate follow - up , including recommending disciplinary measures to the executive director , and referral to civil or criminal justice procedures as necessary in accordance with this regulation and national law . the executive director shall report back to the fundamental rights officer regarding the implementation of disciplinary measures within a determined time period , and if necessary , at regular intervals thereafter . in the case of civil or criminal justice proceedings , the relevant member state shall report back to the fundamental rights officer as to the findings and follow - up to a complaint within a determined time period , and if necessary , at regular intervals thereafter . in case the relevant member state does not report back , the agency shall send a letter of warning recalling the possible actions which the agency can take if no follow - up is received to the letter .


### the fundamental rights officer shall , after consulting the consultative forum , draw up a standardized complaint form requiring detailed and specific information concerning the alleged breach of fundamental rights . the fundamental rights officer shall submit that form to the executive director and to the management board . ### the fundamental rights officer shall establish the procedure for the complaints mechanism , after consulting the consultative forum , on the basis of article 41 and 47 of the eu charter of fundamental rights , including a standardized complaint form requiring detailed and specific information concerning the alleged breach of fundamental rights , and the detailed procedures for information , admissibility , follow - up and appeal , including , where necessary , measures to facilitate access to the complaints mechanism and effective remedies for individuals who are residing in a third country . the fundamental rights officer shall submit that form to the executive director and to the management board .


### the agency shall ensure that the standardized complaint form is available in most common languages and that it shall be made available on the agency’s website and in hardcopy during all activities of the agency . complaints shall be considered by the fundamental rights officer even when they are not submitted in the standardized complaint form . ### the agency shall ensure that information about the possibility and procedure for making a complaint is readily available . the standardized complaint form shall be made available in languages that third - country nationals understand or may be reasonably supposed to understand on the agency ' s website and in hardcopy during all activities of the agency . further guidance and assistance on the complaints procedure shall be provided to alleged victims and on request . information tailored to children and other vulnerable groups shall be provided to facilitate their access to the complaints mechanism . complaints shall be considered by the fundamental rights officer even when they are not submitted in the standardized complaint form .


### the revenue of the agency shall consist , without prejudice to other types of income , of : ### the revenue of the agency shall consist of :


### the estimate shall be forwarded by the commission to the european parliament and the council together with the preliminary draft budget of the european union . ### upon receipt , the estimate shall be forwarded by the commission to the european parliament and the council .


### in the view of financing the deployment of rapid border interventions and return interventions , the budget of the agency adopted by the management board shall include a financial operational reserve amounting at least to 4% of the allocation foreseen for the operational activities . the reserve should be maintained throughout the year . ### in the view of financing the deployment of rapid border interventions and return interventions , the budget of the agency adopted by the management board shall include a financial operational reserve amounting at least to 4% of the allocation foreseen for the operational activities . on 1 october each year , at least one - quarter of the reserve should remain available in order to cover needs arising until the end of the year .


### in determining whether a foreign direct investment may affect security or public order , member states and the commission should be able to consider all relevant factors , including the effects on critical infrastructure , technologies , including key enabling technologies , and inputs which are essential for security or the maintenance of public order , and the disruption , loss or destruction of which would have a significant impact in a member state or in the union . in that regard , member states and the commission should also be able to take into account whether a foreign investor is controlled directly or indirectly by the government of a third country . ### in determining whether a foreign direct investment may affect security or public order , member states and the commission should be able to consider all relevant factors , including the effects on critical infrastructure , implications for national defence and the european defence industry , critical technologies , including key enabling technologies , and inputs which are essential for security or the maintenance of public order , and the disruption , loss or destruction of which would have a significant impact in a member state or in the union . in that regard , member states and the commission should also be able to take into account whether a foreign investor is controlled directly or indirectly by the government of a third country . effective control may also arise through the use of extended credit and lending by the government of a third country or a state - owned financial institution , or any other state - owned enterprise of a third country .


### the opinion of the commission shall be communicated to the other member states . ### the opinion of the commission shall be communicated to the other member states . where the commission has provided an opinion under this article , it shall inform the european parliament as part of a structured dialogue on foreign direct investment affecting security and public order .


### the public sector in the member states collects , produces , reproduces and disseminates a wide range of information in many areas of activity , such as social , economic , geographical , weather , tourist , business , patent and educational information . documents produced by public sector bodies of executive , legislative or judicial nature constitute a vast , diverse and valuable pool of resources that can benefit the knowledge economy . ### the public sector in the member states collects , produces , reproduces and disseminates a wide range of information in many areas of activity , such as social , economic , geographical , weather , tourist , business , patent and educational information . documents produced by public sector bodies of executive , legislative or judicial nature constitute a vast , diverse and valuable pool of resources that can benefit the knowledge economy as well as the consumer .


### the public sector in the member states collects , produces , reproduces and disseminates a wide range of information in many areas of activity , such as social , economic , geographical , weather , tourist , business , patent and educational information . documents produced by public sector bodies of executive , legislative or judicial nature constitute a vast , diverse and valuable pool of resources that can benefit the knowledge economy . ### the public sector at national , regional and local levels in the member states collects , produces , reproduces and disseminates a wide range of information in many areas of activity , such as social , economic , geographical , weather , tourist , business , patent and educational information . documents produced by public sector bodies of executive , legislative or judicial nature constitute a vast , diverse and valuable pool of resources that can benefit the knowledge economy .


### directive 2003 / 98 / ec of the european parliament and of the council of 17 november 2003 on the re - use of public sector information established a minimum set of rules governing the re - use and the practical means of facilitating re - use of existing documents held by public sector bodies of the member states , including executive , legislative and judicial bodies . since the adoption of the first set of rules on re - use of public sector information , the amount of data in the world , including public data , has increased exponentially and new types of data are being generated and collected . in parallel , we are witnessing a continuous evolution in technologies for analysis , exploitation and processing of data . this rapid technological evolution makes it possible to create new services and new applications , which are built upon the use , aggregation or combination of data . the rules originally adopted in 2003 and later amended in 2013 no longer keep pace with these rapid changes and as a result the economic and social opportunities offered by re - use of public data risk being missed . ### directive 2003 / 98 / ec of the european parliament and of the council of 17 november 2003 on the re - use of public sector information established a minimum set of rules governing the re - use and the practical means of facilitating re - use of existing documents held by public sector bodies of the member states , including executive , legislative and judicial bodies . since the adoption of the first set of rules on re - use of public sector information , the amount of data in the world , including public data , has increased exponentially and new types of data are being generated and collected . in parallel , we are witnessing a continuous evolution in technologies for analysis , exploitation and processing of data such as artificial intelligence , machine learning and internet of things . this rapid technological evolution makes it possible to create new services and new applications , which are built upon the use , aggregation or combination of data . the rules originally adopted in 2003 and later amended in 2013 no longer keep pace with these rapid changes and as a result the economic and social opportunities offered by re - use of public data risk being missed .


### open data policies which encourage the wide availability and re - use of public sector information for private or commercial purposes , with minimal or no legal , technical or financial constraints , and which promote the circulation of information not only for economic operators but also for the public , can play an important role in kick - starting the development of new services based on novel ways to combine and make use of such information , stimulate economic growth and promote social engagement . ### open data policies which encourage the wide availability and re - use of public sector information for private or commercial purposes , with minimal or no legal , technical or financial constraints , and which promote the circulation of information not only for economic operators but also for the public , can play an important role in kick - starting the development of new services based on novel ways to combine and make use of such information , stimulate economic growth and promote social engagement . thus , public administrations should have open access to government public data by default . in this respect , the isa2 programme is an opportunity to develop interoperability standards for big data management within public administrations and in their dealings with businesses and citizens .


### open data policies which encourage the wide availability and re - use of public sector information for private or commercial purposes , with minimal or no legal , technical or financial constraints , and which promote the circulation of information not only for economic operators but also for the public , can play an important role in kick - starting the development of new services based on novel ways to combine and make use of such information , stimulate economic growth and promote social engagement . ### coupled with strong data protection policies where appropriate , open data policies which encourage the wide availability and re - use of public sector information for private or commercial purposes , with minimal or no legal , technical or financial constraints , and which promote the circulation of information not only for economic operators but also for the public , can play an important role in kick - starting the development of new services based on novel ways to combine and make use of such information , stimulate economic growth and promote social engagement .


### moreover , without minimum harmonisation at community level , legislative activities at national level , which have already been initiated in a number of member states in order to respond to the technological challenges , might result in even more significant differences . the impact of such legislative differences and uncertainties will become more significant with the further development of the information society , which has already greatly increased cross - border exploitation of information . ### moreover , without minimum harmonisation at community level , legislative activities at national level , which have already been initiated in a number of member states in order to respond to the technological challenges , might result in even more significant differences . the impact of such legislative differences and uncertainties will become more significant with the further development of the information society , which has already greatly increased cross - border exploitation of information . thus , interoperability , open standards and open data are not only fundamental in a cross - border context but are also needed at the national , regional and local administrative levels in each member state .


### the directive lays down an obligation for member states to make all documents re - usable unless access is restricted or excluded under national rules on access to documents and subject to the other exceptions laid down in this directive . the directive builds on the existing access regimes in the member states and does not change the national rules for access to documents . it does not apply in cases in which citizens or companies can , under the relevant access regime , only obtain a document if they can prove a particular interest . at union level , articles 41 and 42 of the charter of fundamental rights of the european union recognise the right of any citizen of the union and any natural or legal person residing or having its registered office in a member state to have access to european parliament , council and commission documents . public sector bodies should be encouraged to make available for re - use any documents held by them . public sector bodies should promote and encourage re - use of documents , including official texts of a legislative and administrative nature in those cases where the public sector body has the right to authorise their re - use . ### the directive lays down an obligation for member states to make all documents re - usable unless access is restricted or excluded under national rules on access to documents and subject to the other exceptions laid down in this directive , such as on the grounds of protection of personal data or national security . the directive builds on the existing access regimes in the member states and does not change the national rules for access to documents . it does not apply in cases in which citizens or companies can , under the relevant access regime , only obtain a document if they can prove a particular interest . this directive does not set any minimum or maximum data retention obligation , applicable national rules will apply . at union level , articles 41 and 42 of the charter of fundamental rights of the european union recognise the right of any citizen of the union and any natural or legal person residing or having its registered office in a member state to have access to european parliament , council and commission documents . public sector bodies should be encouraged to make available for re - use any documents held by them . public sector bodies should promote and encourage re - use of documents , including official texts of a legislative and administrative nature in those cases where the public sector body has the right to authorise their re - use .


### directive 2003 / 98 / ec should therefore be amended in order to ensure that its provisions can be applied to the re - use of documents produced in the performance of services in the general interest by public undertakings pursuing one of the activities referred to in articles 8 to 14 of directive 2014 / 25 / eu of the european parliament and of the council33 , as well as by public undertakings acting as public service operators pursuant to article 2 of regulation no 1370 / 2007 of the european parliament and the council on public passenger transport services by rail and by road , public undertakings acting as air carriers fulfilling public service obligations pursuant to article 16 of regulation no 1008 / 2008 of the european parliament and of the council of 24 september 2008 on common rules for the operation of air services in the community , and public undertakings acting as community shipowners fulfilling public service obligations pursuant to article 4 of regulation no 3577 / 92 of 7 december 1992 applying the principle of freedom to provide services to maritime transport within member states . _________________ 33 directive 2014 / 25 / eu of the european parliament and of the council of 26 february 2014 on procurement by entities operating in the water , energy , transport and postal services sectors and repealing directive 2004 / 17 / ec . ### directive 2003 / 98 / ec should therefore be amended in order to ensure that its provisions can be applied to the re - use of documents produced in the performance of services in the general interest by public undertakings pursuing one of the activities referred to in articles 8 to 14 of directive 2014 / 25 / eu of the european parliament and of the council33 , as well as by public undertakings acting as public service operators pursuant to article 2 of regulation no 1370 / 2007 of the european parliament and the council on public passenger transport services by rail and by road , public undertakings acting as air carriers fulfilling public service obligations pursuant to article 16 of regulation no 1008 / 2008 of the european parliament and of the council of 24 september 2008 on common rules for the operation of air services in the community , and public undertakings acting as community shipowners fulfilling public service obligations pursuant to article 4 of regulation no 3577 / 92 of 7 december 1992 applying the principle of freedom to provide services to maritime transport within member states , without creating an obligation for the public undertakings . _________________ 33 directive 2014 / 25 / eu of the european parliament and of the council of 26 february 2014 on procurement by entities operating in the water , energy , transport and postal services sectors and repealing directive 2004 / 17 / ec .


### this directive should not contain an obligation to allow the re - use of documents produced by public undertakings . the decision whether or not to authorise re - use should remain with the public undertaking concerned . only after the public undertaking has chosen to make a document available for re - use , should it observe the relevant obligations laid down in chapters iii and iv of this directive , in particular as regards formats , charging , transparency , licences , non - discrimination and prohibition of exclusive arrangements . on the other hand , the public undertaking is not required to comply with the requirements laid down in chapter ii , such as the rules applicable to processing of requests . ### this directive does not contain an obligation to allow the re - use of documents produced by public undertakings . the decision whether or not to authorise re - use of any or all documents , within the scope of this directive , remains with the public undertaking concerned . only after the public undertaking has chosen to make a document available for re - use , should it observe the relevant obligations laid down in chapters iii and iv of this directive , in particular as regards formats , charging , transparency , licences , non - discrimination and prohibition of exclusive arrangements . on the other hand , the public undertaking is not required to comply with the requirements laid down in chapter ii , such as the rules applicable to processing of requests .


### public sector bodies are increasingly making their documents available for re - use in a proactive manner , by ensuring online discoverability and actual availability of both metadata and the underlying content . documents should also be made available for re - use following a request lodged by a re - user . in those cases , the time limit for replying to requests for re - use should be reasonable and in accordance with the equivalent time for requests to access the document under the relevant access regimes . public undertakings , educational establishments , research performing organisations and research funding organisations should however be exempt from this requirement . reasonable time limits throughout the union will stimulate the creation of new aggregated information products and services at pan - european level . this is particularly important for dynamic data , the economic value of which depends on the immediate availability of the information and of regular updates . dynamic data should therefore be made available immediately after collection , via an application programming interface so as to facilitate the development of internet , mobile and cloud applications based on such data . whenever this is not possible due to technical or financial constraints , public sector bodies should make the documents available in a timeframe that allows their full economic potential to be exploited . should a licence be used , the timely availability of documents may be a part of the terms of the licence . ### public sector bodies are increasingly making their documents available for re - use in a proactive manner , by ensuring online discoverability and actual availability of both metadata and the underlying content . documents should also be made available for re - use following a request lodged by a re - user . in those cases , the time limit for replying to requests for re - use should be reasonable and in accordance with the equivalent time for requests to access the document under the relevant access regimes . public undertakings , educational establishments , research performing organisations and research funding organisations should however be exempt from this requirement . reasonable time limits throughout the union will stimulate the creation of new aggregated information products and services at pan - european level . this is particularly important for dynamic data , the economic value of which depends on the immediate availability of the information and of regular updates . dynamic data should therefore be made available immediately after collection , via an application programming interface so as to facilitate the development of internet , mobile and cloud applications based on such data . whenever this is not possible due to technical or financial constraints , public sector bodies should make the documents available in a timeframe that allows their full economic potential to be exploited . should a licence be used , the timely availability of documents may be a part of the terms of the licence . however , there are considerable differences among member states in this area , with 22 out of 28 member states using api traffic less than 10 % . in this sense , additional practical support is necessary for many public sector bodies across europe to move towards web - based use of dynamic data and apis in general . consequently , this directive and the digital europe programme com 434 need to be fully consistent with one another .


### charges for the re - use of documents constitute an important market entry barrier for start - ups and smes . documents should therefore be made available for re - use without charges and , where charges are necessary , they should in principle be limited to the marginal costs . in exceptional cases , the necessity of not hindering the normal running of public sector bodies that are required to generate revenue to cover a substantial part of their costs relating to the performance of their public tasks should be taken into consideration . the role of public undertakings in a competitive economic environment should also be acknowledged . in such cases , public sector bodies and public undertakings should therefore be able to charge above marginal costs . those charges should be set according to objective , transparent and verifiable criteria and the total income from supplying and allowing re - use of documents should not exceed the cost of collection , production , reproduction and dissemination , together with a reasonable return on investment . where applicable , the costs of anonymisation of personal data or of commercially sensitive information should also be included in the eligible cost . the requirement to generate revenue to cover a substantial part of the public sector bodies’ costs relating to the performance of their public tasks or the scope of the services of general interest entrusted with public undertakings does not have to be a legal requirement and may stem , for example , from administrative practices in member states . such a requirement should be regularly reviewed by the member states . ### heterogeneous practices in terms of charging persists not only between member states , but also between public bodies within the same member state . charges for the re - use of documents negatively affect the extent of public sector information re - use by start - ups and smes . documents should therefore be made available for re - use without charges or where charges are made , they should be limited to the marginal costs relating to the collection , production , reproduction , dissemination , storage and where applicable , anonymisation of certain documents for re - use . in exceptional cases , the necessity of not hindering the normal running of public sector bodies that are required to generate revenue to cover a substantial part of their costs relating to the performance of their public tasks should be taken into consideration . the role of public undertakings in a competitive economic environment should also be acknowledged . in such cases , public sector bodies and public undertakings should therefore be able to charge above marginal costs . those charges should be set according to objective , transparent and verifiable criteria and the total income from supplying and allowing re - use of documents should not exceed the cost of collection , production , reproduction and dissemination , together with a reasonable return on investment . where applicable , the costs of anonymisation of personal data or of commercially sensitive information should also be included in the eligible cost . the requirement to generate revenue to cover a substantial part of the public sector bodies’ costs relating to the performance of their public tasks or the scope of the services of general interest entrusted with public undertakings does not have to be a legal requirement and may stem , for example , from administrative practices in member states . such a requirement should be regularly reviewed by the member states .


### in view of ensuring their maximum impact and to facilitate re - use , the high - value datasets should be made available for re - use with minimal legal restrictions and at no cost . they should also be published via application programming interfaces , whenever the dataset in question contains dynamic data . ### in view of ensuring their maximum impact and to facilitate re - use , the high - value datasets should be made available for re - use with minimal legal restrictions and at no cost . high value datasets should be aggregated at union level to simplify access and promote discoverability . they should also be published via application programming interfaces , whenever the dataset in question contains dynamic data .


### existing documents held by public undertakings active in the areas defined in directive 2014 / 25 / eu of the european parliament and of the council42 and by public undertakings acting as public service operators pursuant to article 2 of regulation no 1370 / 2007 of the european parliament and of the council43 , public undertakings acting as air carriers fulfilling public service obligations pursuant to article 16 of regulation no 1008 / 2008 of the european parliament and of the council44 , and public undertakings acting as community shipowners fulfilling public service obligations pursuant to article 4 of council regulation no 3577 / 9245 . _________________ 42 directive 2014 / 25 / eu of the european parliament and of the council of 26 february 2014 on procurement by entities operating in the water , energy , transport and postal services sectors and repealing directive 2004 / 17 / ec . 43 regulation no . 1370 / 2007 of the european parliament and of the council of 23 october 2007on public passenger transport services by rail and by road and repealing council regulations nos 1191 / 69 and 1107 / 70 . 44 regulation no 1008 / 2008 of the european parliament and of the council of 24 september 2008 on common rules for the operation of air services in the community . 45 council regulation no 3577 / 92 of 7 december 1992 applying the principle of freedom to provide services to maritime transport within member states . ### existing documents held by public undertakings active in the areas defined in directive 2014 / 25 / eu of the european parliament and of the council42 and by public undertakings acting as public service operators pursuant to article 2 of regulation no 1370 / 2007 of the european parliament and of the council43 , public undertakings acting as air carriers fulfilling public service obligations pursuant to article 16 of regulation no 1008 / 2008 of the european parliament and of the council44 , and public undertakings acting as community ship - owners fulfilling public service obligations pursuant to article 4 of council regulation no 3577 / 9245 . this directive shall not contain an obligation to allow the re - use of documents produced by public undertakings . the decision whether or not to authorise re - use shall remain with the public undertaking concerned , without prejudice to applicable sectoral rules . _________________ 42 directive 2014 / 25 / eu of the european parliament and of the council of 26 february 2014 on procurement by entities operating in the water , energy , transport and postal services sectors and repealing directive 2004 / 17 / ec . 43 regulation no . 1370 / 2007 of the european parliament and of the council of 23 october 2007on public passenger transport services by rail and by road and repealing council regulations nos 1191 / 69 and 1107 / 70 . 44 regulation no 1008 / 2008 of the european parliament and of the council of 24 september 2008 on common rules for the operation of air services in the community . 45 council regulation no 3577 / 92 of 7 december 1992 applying the principle of freedom to provide services to maritime transport within member states .


### re - use of documents shall be&#160 ; free of charge or limited to the marginal costs incurred for their reproduction , provision and dissemination&#160 ; , and &#8211 ; where applicable &#8211 ; anonymisation of personal data and measures taken to protect commercially confidential information . ### re - use of documents shall be&#160 ; free of charge or limited to the marginal costs incurred for their reproduction , provision and dissemination&#160 ; , and &#8211 ; where applicable &#8211 ; anonymisation of personal data , in accordance with regulation eu 2016 / 679 , and measures taken to protect commercially confidential information .


### in the cases referred to in points and of paragraph 2 , the total charges shall be calculated according to objective , transparent and verifiable criteria to be laid down by the member states . the total income from supplying and allowing re - use of documents over the appropriate accounting period shall not exceed the cost of collection , production , reproduction and dissemination , and – where applicable – anonymisation of personal data and measures taken to protect commercially confidential information , together with a reasonable return on investment . charges shall be calculated in line with the applicable accounting principles . ### in the cases referred to in points and of paragraph 2 , the total charges shall be calculated according to objective , transparent and verifiable criteria to be laid down by the member states . the total income from supplying and allowing re - use of documents over the appropriate accounting period shall not exceed the cost of collection , production , reproduction and dissemination , and – where applicable – anonymisation of personal data , in accordance with regulation eu 2016 / 679 , and measures taken to protect commercially confidential information , together with a reasonable return on investment . charges shall be calculated in line with the applicable accounting principles .


### where charges are made by the public sector bodies referred to in point of paragraph 2 , the total income from supplying and allowing re - use of documents over the appropriate accounting period shall not exceed the cost of collection , production , reproduction , dissemination , preservation and rights clearance and – where applicable – anonymisation of personal data and measures taken to protect commercially confidential information , together with a reasonable return on investment . charges shall be calculated in line with the accounting principles applicable to the public sector bodies involved . ### where charges are made by the public sector bodies referred to in point of paragraph 2 , the total income from supplying and allowing re - use of documents over the appropriate accounting period shall not exceed the cost of collection , production , reproduction , dissemination , preservation and rights clearance and – where applicable – anonymisation of personal data , in accordance with regulation eu 2016 / 679 , and measures taken to protect commercially confidential information , together with a reasonable return on investment . charges shall be calculated in line with the accounting principles applicable to the public sector bodies involved .


### the re - use of documents shall be open to all potential actors in the market , even if one or more market actors already exploit added - value products based on these documents . contracts or other arrangements between the public sector bodies or public undertakings holding the documents and third parties shall not grant exclusive rights . ### the re - use of documents shall be open to all potential actors in the market , even if one or more market actors already exploit added - value products based on these documents . contracts or other arrangements between the public sector bodies or public undertakings holding the documents and third parties shall not grant exclusive rights nor any preferential use of the data .


### the selection of datasets for the list referred to in paragraph 1 shall be based on the assessment of their potential to generate socio - economic benefits , the number of users and the revenues they may help generate , and their potential for being combined with other datasets . ### the selection of datasets for the list referred to in paragraph 1 shall be based on the assessment of their potential to generate significant socio - economic benefits , innovation , the number of users , especially smes and start - ups , and the revenues they may help generate , and their potential for being combined with other datasets .


### the power to adopt delegated acts referred to in article 13 shall be conferred on the commission for a period of five years from [ date of entry into force of the directive ] . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five - year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period . ### the power to adopt implementing acts referred to in article 13 shall be conferred on the commission for a period of five years from [ date of entry into force of the directive ] . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five - year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period . the preparation of implementing acts shall provide for rights to participation in decision - making and for the financial and human resources for the effective use of such rights ; the european social partners – stakeholders such as the austrian public sector and social economy association and the european centre of employers and enterprises providing public services of general interest – shall be involved in the preparatory process .


### the evaluation shall in particular address the scope and impact of this directive , including the extent of the increase in re - use of public sector documents to which this directive applies , the effects of the principles applied to charging and the re - use of official texts of a legislative and administrative nature , the re - use of documents held by other entities than public sector bodies , the interaction between data protection rules and re - use possibilities , as well as further possibilities of improving the proper functioning of the internal market and the development of the european data economy . ### the evaluation shall in particular address the scope and socio - economic impact of this directive , including the extent of the increase in re - use of public sector documents to which this directive applies , especially by smes , the impact of the high value datasets , the effects of the principles applied to charging and the re - use of official texts of a legislative and administrative nature , the re - use of documents held by other entities than public sector bodies , the uptake of application programming interfaces , the interaction between data protection rules and re - use possibilities , as well as further possibilities of improving the proper functioning of the internal market and the development of the european data economy .


### establish , manage and update the etias watchlist referred to in article 29 of [ regulation establishing a european travel information and authorisation system ] in accordance with article 18 . ### establish and update the etias watchlist referred to in article 29 of [ regulation establishing a european travel information and authorisation system ] in accordance with article 18 .


### - computer - related crime , ### –cybercrime ,


### the interoperability between the eu information systems should allow said systems to supplement each other in order to facilitate the correct identification of persons , contribute to fighting identity fraud , improve and harmonise data quality requirements of the respective eu information systems , facilitate the technical and operational implementation by member states of existing and future eu information systems , strengthen and simplify the data security and data protection safeguards that govern the respective eu information systems , streamline the law enforcement access to the ees , the vis , the [ etias ] and eurodac , and support the purposes of the ees , the vis , the [ etias ] , eurodac , the sis and the [ ecris - tcn system ] . ### the interoperability between the eu information systems should allow said systems to communicate with one another in order to facilitate the correct identification of persons at external borders , for the purpose of applications of international protection , or in the context of the prevention , detection and investigation of serious criminal offences - including terrorist offences , to contribute to fighting identity fraud , to improve and harmonise data quality requirements of the respective eu information systems , to facilitate the technical and operational implementation by member states of existing and future eu information systems , to strengthen data security and data protection safeguards that govern the respective eu information systems , in particular by ensuring that all union data protection rules are applicable to all the information systems , and to streamline the law enforcement access to the ees , the vis , the [ etias ] and eurodac , and support the purposes of the ees , the vis , the [ etias ] , eurodac , the sis and the [ ecris - tcn system ] .


### the european search portal should be established to facilitate technically the ability of member state authorities and eu bodies to have fast , seamless , efficient , systematic and controlled access to the eu information systems , the europol data and the interpol databases needed to perform their tasks , in accordance with their access rights , and to support the objectives of the ees , the vis , the [ etias ] , eurodac , the sis , the [ ecris - tcn system ] and the europol data . enabling the simultaneous querying of all relevant eu information systems in parallel , as well as of the europol data and the interpol databases , the esp should act as a single window or ‘ message broker’ to search various central systems and retrieve the necessary information seamlessly and in full respect of the access control and data protection requirements of the underlying systems . ### the european search portal should facilitate technically the ability of the authorised member state authorities and eu bodies to have a controlled yet fast , seamless and efficient access to the relevant eu databases , to europol data and to interpol databases in so far as this is necessary for the performance of their tasks and in accordance with their access rights . in that way , the esp should support the objectives of the ees , the vis , the [ etias ] , eurodac , the sis , the [ ecris - tcn system ] and the europol data . enabling the simultaneous querying of all relevant eu databases in parallel , as well as of the europol data and the interpol databases , the esp should act as a single window or ‘ message broker’ to search various central systems and retrieve the necessary information seamlessly and in full respect of the access control and data protection requirements of the underlying systems .


### to ensure fast and systematic use of all eu information systems , the european search portal should be used to query the common identity repository , the ees , the vis , [ the etias ] , eurodac and [ the ecris - tcn system ] . however , the national connection to the different eu information systems should remain in order to provide a technical fall back . the esp should also be used by union bodies to query the central sis in accordance with their access rights and in order to perform their tasks . the esp should be an additional means to query the central sis , the europol data and the interpol systems , complementing the existing dedicated interfaces . ### to ensure fast and seamless use of all eu information systems , the european search portal should be used to query the ees , the vis , [ the etias ] , eurodac and [ the ecris - tcn system ] . however , the national connection to the different eu information systems should remain in order to provide a technical fall back . the esp should also be used by union bodies to query the central sis in accordance with their access rights and in order to perform their tasks . the esp should be an additional means to query the central sis , the europol data and the interpol systems , complementing the existing dedicated interfaces .


### the systems established by regulation 2017 / 2226 of the european parliament and of the council54 , regulation no 767 / 2008 of the european parliament and of the council55 , [ the etias regulation ] for the management of the borders of the union , the system established by [ the eurodac regulation ] to identify the applicants for international protection and combat irregular migration , and the system established by [ the ecris - tcn system regulation ] require in order to be effective to rely on the accurate identification of the third - country nationals whose personal data are stored therein . _________________ 54 regulation 2017 / 2226 of the european parliament and of the council of 30 november 2017 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 and determining the conditions for access to the ees for law enforcement purposes , and amending the convention implementing the schengen agreement and regulations no 767 / 2008 and no 1077 / 2011 . 55 regulation no 767 / 2008 of the european parliament and of the council of 9 july 2008 concerning the visa information system and the exchange of data between member states on short - stay visas . ### the systems established by regulation 2017 / 2226 of the european parliament and of the council54 , regulation no 767 / 2008 of the european parliament and of the council55 , [ the etias regulation ] for the management of the borders of the union , the system established by [ the eurodac regulation ] to identify the applicants for international protection and combat irregular migration , and the system established by [ the ecris - tcn system regulation ] require the accurate identification of those third - country nationals whose personal data are stored therein . _________________ 54 regulation 2017 / 2226 of the european parliament and of the council of 30 november 2017 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 and determining the conditions for access to the ees for law enforcement purposes , and amending the convention implementing the schengen agreement and regulations no 767 / 2008 and no 1077 / 2011 . 55 regulation no 767 / 2008 of the european parliament and of the council of 9 july 2008 concerning the visa information system and the exchange of data between member states on short - stay visas .


### full access to the necessary data contained in the eu information systems necessary for the purposes of preventing , detecting and investigating terrorist offences or other serious criminal offences , beyond the relevant identity data covered under common identity repository obtained using biometric data of that person taken during an identity check , should continue to be governed by the provisions in the respective legal instruments . the designated law enforcement authorities and europol do not know in advance which of the eu information systems contains data of the persons they need to inquire upon . this results in delays and inefficiencies in the conduct of their tasks . the end - user authorised by the designated authority should therefore be allowed to see in which of the eu information systems the data corresponding to the query introduced are recorded . the concerned system would thus be flagged following the automated verification of the presence of a hit in the system . ### full access to the data contained in the eu information systems necessary for the purposes of preventing , detecting and investigating terrorist offences or other serious criminal offences , should continue to be governed by the provisions in the respective legal instruments . the designated law enforcement authorities and europol do not always know in advance which of the eu information systems contains data of the persons they need to inquire upon . therefore , following the necessary checks in national databases and where a query of the automated fingerprint identification system of the other member states under decision 2008 / 615 / jha has been launched , the end - user authorised by the designated authority should therefore be allowed to see in which of the eu information systems the data corresponding to the query introduced are recorded . the concerned system would thus be flagged following the automated verification of the presence of a hit in the system .


### the possibility to achieve the objectives of the eu information systems is undermined by the current inability for the authorities using these systems to conduct sufficiently reliable verifications of the identities of the third - country nationals whose data are stored in different systems . that inability is determined by the fact that the set of identity data stored in a given individual system may be fraudulent , incorrect , or incomplete , and that there is currently no possibility to detect such fraudulent , incorrect or incomplete identity data by way of comparison with data stored in another system . to remedy this situation it is necessary to have a technical instrument at union level allowing accurate identification of third - country nationals for these purposes . ### to better realise the objectives of eu information systems , the authorities using those systems should be able to conduct sufficiently reliable verifications of the identities of the third - country nationals whose data are stored in different systems . the set of identity data stored in a given individual system may be incorrect , incomplete of fraudulent , and there is currently no way of detecting incorrect , incomplete or fraudulent identity data by way of comparison with data stored in another system . to remedy this situation it is necessary to have a technical instrument at union level allowing accurate identification of third - country nationals for these purposes .


### eu - lisa should establish automated data quality control mechanisms and common data quality indicators . eu - lisa should be responsible to develop a central monitoring capacity for data quality and to produce regular data analysis reports to improve the control of implementation and application by member states of eu information systems . the common quality indicators should include the minimum quality standards to store data in the eu information systems or the interoperability components . the goal of such a data quality standards should be for the eu information systems and interoperability components to automatically identify apparently incorrect or inconsistent data submissions so that the originating member state is able to verify the data and carry out any necessary remedial actions . ### eu - lisa should establish automated data quality control mechanisms and common data quality indicators . eu - lisa should be responsible for developing a central monitoring capacity for data quality , and for producing regular data analysis reports to improve supervision of the member states’ implementation and application of eu information systems . the common quality indicators should include the minimum quality standards to store data in the eu information systems or the interoperability components . the goal of such a data quality standards should be for the eu information systems and interoperability components to automatically identify apparently incorrect or inconsistent data submissions so that the originating member state is able to verify the data and carry out any necessary remedial actions .


### the universal message format should establish a standard for structured , cross - border information exchange between information systems , authorities and / or organisations in the field of justice and home affairs . umf should define a common vocabulary and logical structures for commonly exchanged information with the objective to facilitate interoperability by enabling the creation and reading of the contents of the exchange in a consistent and semantically equivalent manner . ### the universal message format should establish a standard for structured , cross - border information exchange between information systems , authorities and / or organisations in the field of justice and home affairs . umf should define a common vocabulary and logical structures for commonly exchanged information with the objective of facilitating interoperability by enabling the creation and reading of the contents of the exchange in a consistent and semantically equivalent manner .


### regulation 2016 / 679 should apply to the processing of personal data under this regulation by national authorities unless such processing is carried out by the designated authorities or central access points of the member states for the purposes of the prevention , detection or investigation of terrorist offences or of other serious criminal offences , when directive 2016 / 680 of the european parliament and of the council should apply . ### regulation 2016 / 679 should apply to the processing of personal data under this regulation by national authorities unless such processing is carried out by the designated authorities or central access points of the member states for the purposes of the prevention , detection or investigation of terrorist offences or of other serious criminal offences , in which case directive 2016 / 680 of the european parliament and of the council should apply .


### in order to allow competent authorities and the eu bodies to adapt to the new requirements on the use of the european search portal , it is necessary to provide for a transitional period . similarly , in order to allow for the coherent and optimal functioning of the multiple - identity detector , transitional measures should be established for the start of its operations . ### in order to allow competent authorities and the eu bodies to adapt to the new requirements on the use of the european search portal , it is necessary to provide for a transitional period which should entail , inter alia , training programmes for end users so as to ensure that the new instruments operate to their full potential . similarly , in order to allow for the coherent and optimal functioning of the multiple - identity detector , transitional measures should be established for the start of its operations .


### the costs for the development of the interoperability components projected under the current multiannual financial framework are lower than the remaining amount on the budget earmarked for smart borders in regulation no 515 / 2014 of the european parliament and the council57 . accordingly , this regulation , pursuant to article 5 of regulation no 515 / 2014 , should reallocate the amount currently attributed for developing it systems supporting the management of migration flows across the external borders . _________________ 57 regulation no 515 / 2014 of the european parliament and of the council of 16 april 2014 establishing as part of the internal security fund , the instrument for financial support for external borders and visa and repealing decision no 574 / 2007 / ec . ### the remaining amount on the budget earmarked for developing it systems supporting the management of migration flows across the external borders in regulation no 515 / 2014 of the european parliament and the council57 should be reallocated to this regulation , pursuant to article 5 of regulation no 515 / 2014 . _________________ 57 regulation no 515 / 2014 of the european parliament and of the council of 16 april 2014 establishing as part of the internal security fund , the instrument for financial support for external borders and visa and repealing decision no 574 / 2007 / ec .


### in order to supplement certain detailed technical aspects of this regulation , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of the profiles for the users of the european search portal and the content and format of the esp replies . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law - making of 13 april 201658 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council should receive all documents at the same time as member state experts , and their experts should systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts . _________________ 58 http : / / eur - lex . europa . eu / legal - content / en / txt / ? uri=uriserv : oj . l_ . 2016 . 123 . 01 . 0001 . 01 . eng . ### in order to supplement certain detailed technical aspects of this regulation , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission . in particular , power should be delegated to the commission in respect of the profiles for the users of the european search portal , the content and format of the esp replies , the procedures to determine the cases where identity data can be considered as identical or similar , and the rules on the operation of the central repository for reporting and statistics , including specific safeguards for processing of personal data and security rules applicable to the repository . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law - making of 13 april 201658 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council should receive all documents at the same time as member state experts , and their experts should systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts . _________________ 58 http : / / eur - lex . europa . eu / legal - content / en / txt / ? uri=uriserv : oj . l_ . 2016 . 123 . 01 . 0001 . 01 . eng .


### the objectives of ensuring interoperability shall be achieved by : ### those objectives shall be achieved by :


### strengthening and simplifying and making more uniform the data security and data protection conditions that govern the respective eu information systems ; ### strengthening and simplifying data security and data protection conditions that govern the respective eu information systems , without prejudice to the special protection and safeguards afforded to certain categories of data .


### ‘ match’ means the existence of a correspondence established by comparing two or more occurrences of personal data recorded or being recorded in an information system or database ; ### ‘ match’ means the existence of an exact correspondence established by comparing two or more occurrences of personal data recorded or being recorded in an information system or database ;


### processing of personal data for the purposes of this regulation shall not result in discrimination against persons on any grounds such as sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation . it shall fully respect human dignity and integrity . particular attention shall be paid to children , the elderly and persons with a disability . ### this regulation shall ensure respect of the fundamental rights and the observation of the principles recognised in the charter of fundamental rights of the european union and shall be applied in accordance with those rights and principles . processing of personal data for the purposes of this regulation shall not result , either directly or indirectly , in undue interference with the right to respect for private and family life and the right to protection of personal data . processing of personal data for the purposes of this regulation shall not result in discrimination against persons on any grounds such as sex , racial or ethnic origin , religion or belief , disability , social origin , colour , genetic features , language , political or any other opinion , membership of a national minority , property , birth , age or sexual orientation . it shall fully respect human dignity and integrity . particular attention shall be paid to children , persons in need of international protection , the elderly and persons with a disability . in reference to this , regulation 2016 / 6793a and directive 2016 / 6804a shall apply . _________________ 3a regulation 2016 / 679 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 4a directive 2016 / 680 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 by competent authorities for the purposes of the prevention , investigation , detection or prosecution of criminal offences or the execution of criminal penalties , and on the free movement of such data , and repealing council framework decision 2008 / 977 / jha


### processing of personal data for the purposes of this regulation shall not result in discrimination against persons on any grounds such as sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation . it shall fully respect human dignity and integrity . particular attention shall be paid to children , the elderly and persons with a disability . ### processing of personal data for the purposes of this regulation shall not result in discrimination against persons on any grounds such as sex , racial or ethnic origin , religion or belief , nationality , disability , age or sexual orientation . it shall fully respect human rights , dignity , integrity . particular attention shall be paid to children , the elderly and persons with a disability .


### a european search portal is established for the purposes of ensuring that member state authorities and eu bodies have fast , seamless , efficient , systematic and controlled access to the eu information systems , the europol data and the interpol databases that they need to perform their tasks in accordance with their access rights and of supporting the objectives of the ees , the vis , [ the etias ] , eurodac , the sis , [ the ecris - tcn system ] and the europol data . ### a european search portal is established for the purposes of ensuring that member state authorities and eu bodies have fast , seamless , efficient and controlled access to the eu information systems , the europol data and the interpol databases that they need to perform their tasks in accordance with the objectives of those eu information systems and of the sis and with their access rights under the relevant legal basis .


### eu - lisa shall develop the shared bms and ensure its technical management . ### eu - lisa shall develop the shared bms and ensure its technical management . it shall not , however , have access to any of the personal data processed through the shared bms .


### eu - lisa shall develop the mid and ensure its technical management . ### eu - lisa shall develop the mid and ensure its technical management . it shall not , however , have access to any of the personal data processed through the mid .


### eu - lisa shall develop the esp and ensure its technical management . ### eu - lisa shall develop the esp and ensure its technical management . it shall not , however , have access to any of the personal data processed through the eps .


### the authorities referred to in paragraph 1 shall use the esp to search data related to persons or their travel documents in the central systems of eurodac and [ the ecris - tcn system ] in accordance with their access rights under union and national law . they shall also use the esp to query the cir in accordance with their access rights under this regulation for the purposes referred to in articles 20 , 21 and 22 . ### where they are required under union law to search data related to persons or their travel documents in the ees , the vis and [ the etias ] , the authorities referred to in paragraph 1 shall use the esp to search such data in accordance with their access rights under union and national law .


### the authorities referred to in paragraph 1 may use the esp to search data related to persons or their travel documents in the europol data in accordance with their access rights under union and national law . ### where so required under union or national law , the authorities referred to in paragraph 1 may use the esp to search data related to persons or their travel documents in the europol data in accordance with their access rights under union and national law .


### the users of the esp shall launch a query by introducing data in the esp in accordance with their user profile and access rights . where a query has been launched , the esp shall query simultaneously , with the data introduced by the user of the esp , the ees , [ the etias ] , the vis , the sis , eurodac , [ the ecris - tcn system ] and the cir as well as the europol data and the interpol databases . ### the users of the esp shall launch a query by introducing data in the esp in accordance with their user profile and access rights . where a query has been launched , the esp shall query simultaneously , with the data introduced by the user of the esp , the ees , [ the etias ] , the vis , the sis , eurodac , [ the ecris - tcn system ] as well as the europol databases and the interpol databases .


### the logs may be used only for data protection monitoring , including checking the admissibility of a query and the lawfulness of data processing , and for ensuring data security pursuant to article 42 . those logs shall be protected by appropriate measures against unauthorised access and erased one year after their creation , unless they are required for monitoring procedures that have already begun . ### the logs may be used only for data protection monitoring , including checking the admissibility of a query and the lawfulness of data processing , and for ensuring data security pursuant to article 42 . to that end , access to those logs shall be granted as appropriate to the data controllers identified pursuant to article 40 , to national supervisory authorities designated pursuant to article 51 of regulation 2016 / 679 and article 41 of directive 2016 / 680 , and to the european data protection supervisor . those logs shall be protected by appropriate measures against unauthorised access and erased two years after their creation , unless they are required for monitoring procedures that have already begun .


### the logs may be used only for data protection monitoring , including checking the admissibility of a request and the lawfulness of data processing , and for ensuring data security pursuant to article 42 . those logs shall be protected by appropriate measures against unauthorised access and erased one year after their creation , unless they are required for monitoring procedures that have already begun . ### the logs may be used only for data protection monitoring , including checking the admissibility of a request and the lawfulness of data processing in accordance with regulation eu 2016 / 679 , and for ensuring data security pursuant to article 42 . those logs shall be protected by appropriate measures against unauthorised access and erased one year after their creation , unless they are required for monitoring procedures that have already begun .


### the logs may be used only for data protection monitoring , including checking the admissibility of a query and the lawfulness of data processing , and for ensuring data security pursuant to article 42 . those logs shall be protected by appropriate measures against unauthorised access and erased one year after their creation , unless they are required for monitoring procedures that have already begun . the logs referred to in paragraph 1 shall be erased once the data is erased . ### the logs may be used only for data protection monitoring , including checking the admissibility of a query and the lawfulness of data processing , and for ensuring data security pursuant to article 42 . to that end , access to those logs shall be granted as appropriate to the data controllers identified pursuant to article 40 , to national supervisory authorities designated pursuant to article 51 of regulation 2016 / 679 and article 41 of directive 2016 / 680 , and to the european data protection supervisor . those logs shall be protected by appropriate measures against unauthorised access and erased two years after their creation , unless they are required for monitoring procedures that have already begun . the logs referred to in paragraph 1 shall be erased once the data is erased .


### the logs may be used only for data protection monitoring , including checking the admissibility of a request and the lawfulness of data processing , and for ensuring data security pursuant to article 42 . the logs shall be protected by appropriate measures against unauthorised access and erased one year after their creation , unless they are required for monitoring procedures that have already begun . the logs related to the history of the identity confirmation file shall be erased once the data in the identity confirmation file is erased . ### the logs may be used only for data protection monitoring , including checking the admissibility of a request and the lawfulness of data processing , and for ensuring data security pursuant to article 42 . to that end , access to those logs shall be granted as appropriate to the data controllers identified pursuant to article 40 , to national supervisory authorities designated pursuant to article 51 of regulation 2016 / 679 and article 41 of directive 2016 / 680 , and to the european data protection supervisor . the logs shall be protected by appropriate measures against unauthorised access and erased two years after their creation , unless they are required for monitoring procedures that have already begun . the logs related to the history of the identity confirmation file shall be erased once the data in the identity confirmation file is erased