### 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 .


### 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 management board may establish a small - sized executive board composed of the chairperson of the management board , one representative of the commission and three members of the management board , to assist it and the executive director with regard to the preparation of the decisions , programmes and activities to be adopted by the management board and when necessary , because of urgency , to take certain provisional decisions on behalf of the management board . ### the management board may establish a small - sized executive board , to assist it and the executive director with regard to the preparation of the decisions , programmes and activities to be adopted by the management board and when necessary , because of urgency , to take certain provisional decisions on behalf of the management board , excluding decisions on which a reinforced majority is needed in the management board


### the commission shall propose candidates for the post of the executive director and the deputy executive director based on a list following publication of the post in the official journal of the european union and other press or internet sites as appropriate . ### the appointment of the executive director and the deputy executive director shall take place in accordance with the cooperation procedure provided for in paragraph 2 . the executive director and deputy executive director shall be appointed on the basis of his or her merit , documented high - level administrative and management skills , and senior professional experience in the field of the management of external borders .


### supervisory board ### advisory board


### the european border and coast guard agency should carry out a vulnerability assessment to assess the capacity of the member states to face challenges at their external borders , including by assessing the equipment and resources of member states as well as their contingency plans to address possible crises at the external borders . member states should take corrective action to address any deficiencies identified in that assessment . the executive director , on the advice of a supervisory board created within the european border and coast guard agency , should identify the measures to be taken by the member state concerned and should set a time - limit within which those measures should be taken . that decision should be binding on that member state and where the necessary measures are not taken within the set time - limit , the matter needs to be referred to the management board for a further decision . ### the european border and coast guard agency should carry out a vulnerability assessment to assess the capacity of the member states to face challenges at their external borders , including by assessing the equipment and resources of member states as well as their contingency plans to address possible crises at the external borders . member states should take corrective action to address any deficiencies identified in that assessment . the executive director , on the advice of an advisory board created within the european border and coast guard agency , should identify the measures to be taken by the member state concerned and should set a time - limit within which those measures should be taken . that decision should be binding on that member state and where the necessary measures are not taken within the set time - limit , the matter needs to be referred to the management board for a further decision .


### the national authorities which are responsible for border management , including coast guards to the extent that they carry out border control tasks , shall provide the agency in a timely and accurate manner with all the information necessary for the agency to perform the tasks conferred on it by this regulation , in particular for the agency to monitor the migratory flows towards and within the union , to carry out risk analysis and to perform the vulnerability assessment . ### to be able to perform to the best of their abilities the tasks conferred on them by this regulation , the national authorities which are responsible for border management and return , including coast guards , to the extent that they carry out border control tasks and the agency shall in accordance with relevant union and national laws share in a timely and accurate manner all the information necessary for the agency and the relevant national authorities to perform the tasks conferred on them by this regulation .


### ‘ returnee’ means an illegally staying third - country national subject to a return decision ; ### ‘ returnee’ means an irregularly staying third - country national subject to a return decision ;


### to ensure a coherent european integrated border management at all external borders , the agency shall facilitate and render more effective the application of existing and future union measures relating to the management of external borders , in particular the schengen borders code established by regulation no 562 / 2006 . ### to ensure a coherent european integrated border management at all external borders , the agency shall facilitate and render more effective the application of existing and future union measures relating to the management of external borders , including the schengen borders code established by regulation no 2016 / 399 .


### 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 forced return escorts corresponding to the defined profile . ### the management board on a proposal of 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 overall numbers . member states shall contribute to the pool by nominating the forced return escorts corresponding to the defined profile


### the executive director shall appoint experts from the staff of the agency to be deployed as liaison officers . the executive director shall , based on risk analysis and in consultation with the management board , determine the nature of the deployment , the member state to which a liaison officer may be deployed and the duration of the deployment . the executive director shall notify the member state concerned of the appointment and shall determine , together with the member state , the location of deployment . ### the management board shall , based on a risk analysis and on a proposal of the executive director , decide on the nature of the deployment , the member state to which a liaison officer may be deployed and the duration of the deployment and notify its decision to the member state concerned . the executive director shall consult the member state concerned on the nature and duration of the deployment before making its proposal , and on the tasks which are not covered by article 11 paragraph 3 , of this regulation .


### appoint the members of the supervisory board in accordance with article 69 ; ### appoint the members of the advisory board in accordance with article 69 ;


### the european border and coast guard agency should facilitate and encourage operational cooperation between member states and third countries in the framework of the external relations policy of the union , including by coordinating operational cooperation between member states and third countries in the field of management of external borders and by deploying liaison officers to third countries , as well as by cooperating with the authorities of third countries on return , including as regards the acquisition of travel documents . in their cooperation with third countries , the european border and coast guard agency and member states should comply with norms and standards at least equivalent to those set by union legislation also when the cooperation with third countries takes place on the territory of those countries . ### the european border and coast guard agency should facilitate and encourage operational cooperation between member states and third countries in the framework of the external relations policy of the union , including by coordinating operational cooperation between member states and third countries in the field of management of external borders and by deploying liaison officers to third countries , as well as by cooperating with the authorities of third countries on return , including as regards the acquisition of travel documents . in their cooperation with third countries , the european border and coast guard agency and member states should comply with norms and standards at least equivalent to those set by union legislation , in particular regarding protection of fundamental rights , including when the cooperation with third countries takes place on the territory of those countries . the agency’s relations with third countries must meet the requirements of transparency , democratic oversight and accountability .


### the european border and coast guard agency should develop specific training tools and it should provide training at union level for national instructors of border guards and additional training and seminars related to control at external borders and return of third - country nationals illegally staying on the territory of member states for officers of the competent national bodies . the agency should be authorised to organise training activities in cooperation with member states and third countries on their territory . ### the european border and coast guard agency should develop specific training tools and it should provide training at union level for national instructors of border guards and additional training and seminars related to integrated border management tasks , including for officers of the competent national bodies . the agency should be authorised to organise training activities in cooperation with member states and third countries on their territory .


### in the performance of its tasks the european border and coast guard shall ensure that no person is disembarked in , forced to enter , conducted to or otherwise handed over or returned to the authorities of a country in contravention of the principle of non - refoulement , or from which there is a risk of expulsion or return to another country in contravention of that principle . ### in the performance of its tasks the european border and coast guard shall ensure that no person is , in contravention of the principle of non - refoulement , disembarked in , forced to enter , conducted to or otherwise handed over or returned to the authorities of a country where , inter alia , there is a serious risk that he or she would be subjected to the death penalty , torture , persecution or other inhuman or degrading treatment or punishment , or where his or her freedom would be threatened on account of his or her race , religion , nationality , sexual orientation , membership of a particular social group or political opinion , or from which there is a serious risk of an expulsion , removal or extradition to another country in contravention of that principle .


### the tasks of the agency’s liaison officers shall include , in compliance with union law and in accordance with fundamental rights , establishing and maintaining contacts with the competent authorities of the third country to which they are assigned with a view to contributing to the prevention of and fight against irregular immigration and the return of illegally staying third - country nationals . those liaison officers shall coordinate closely with union delegations . ### the tasks of the agency’s liaison officers shall include , in compliance with union law and in accordance with fundamental rights , establishing and maintaining contacts with the competent authorities of the third country to which they are assigned with a view to contributing to the prevention of and fight against irregular immigration and the return of illegally staying third - country nationals . those liaison officers shall coordinate closely with union delegations and shall , wherever possible , have their offices in the same building .


### the european border and coast guard shall implement the european integrated border management as a shared responsibility of the european border and coast guard agency and of the national authorities responsible for border management , including coast guards to the extent that they carry out border control tasks . ### the european border and coast guard shall implement the european integrated border management as a shared responsibility of the european border and coast guard agency and of the national authorities responsible for border management , including coast guards to the extent that they carry out maritime border surveillance operations and any other border control tasks .


### a member state or other union agency providing personal data to the agency shall determine the purpose or the purposes for which it shall be processed as referred to in paragraph 1 . if it has not done so , the agency in consultation with the provider of personal data concerned shall process it in order to determine its necessity in relation to the purpose or the purposes as referred to in paragraph 1 for which it shall be further processed . the agency may process information for a different purpose than the one in paragraph 1 only if authorised by the data provider of the information . ### a member state or other union agency providing personal data to the agency shall determine the purpose or the purposes for which it shall be processed as referred to in paragraph 1 . the agency may process information for a purpose under paragraph 1 different to the original purpose only if authorised by the data provider of the information .


### personal data regarding persons who cross the external borders illegally and whose data is collected by the european border and coast guard teams , including when acting in the framework of the migration management support teams ; ### personal data regarding persons who cross the external borders irregularly and whose data is collected by the european border and coast guard teams , including when acting in the framework of the migration management support teams ;


### 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 .


### member states shall , at the request of the agency , provide information as regards technical equipment , staff and financial resources available at national level to carry out border control and they shall submit their contingency plans . ### member states shall , at the request of the agency , provide information as regards technical equipment , staff and to the extent possible financial resources available at national level to carry out border control and provide information on their contingency plans on border management


### 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 order to safeguard the interest of the complainants , complaints shall be dealt with confidentially unless the complainant waives his or her right to confidentiality . for complainants who waive their right to confidentiality , it is understood that he or she consents to the fundamental rights officer or the agency disclosing his or her identity in relation to the matter under complaint . ### in order to safeguard the interest of the complainants , complaints shall be dealt with confidentially unless the complainant waives his or her right to confidentiality . any waivers of confidentiality shall be valid only where given freely by a specific , informed and unambiguous indication of the complainant ' s wishes . the agency shall be able to demonstrate that the confidentiality was waived . for complainants who waive their right to confidentiality , it is understood that he or she consents to the fundamental rights officer or the agency disclosing his or her identity to the competent authority and the relevant authority or body competent for fundamental rights of the relevant member state in relation to the matter under complaint .


### 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 agency shall ensure regular monitoring of the management of the external borders through liaison officers of the agency in member states . ### the agency shall monitor the management of the external borders , if necessary , through liaison officers of the agency in member states .


### member states shall , at the request of the agency , provide information as regards technical equipment , staff and financial resources available at national level to carry out border control and they shall submit their contingency plans . ### member states shall , at the request of the agency , provide information as regards infrastructure , technical equipment , staff and financial resources available at national level to carry out border control and they shall submit their contingency plans .


### 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 .


### the agency shall , without delay and in any case within three working days from establishment of the operational plan , deploy the necessary technical equipment and staff from the rapid reserve pool referred to in article 19 for the practical execution of the measures set out in the commission decision . additional technical equipment and european border and coast guard teams shall be deployed as necessary at a second stage and in any case within five working days from the deployment of the rapid reserve pool . ### the agency shall , without delay and in any case within three working days from establishment of the operational plan , deploy the necessary technical equipment and staff from the rapid reserve pool referred to in article 19 for the practical execution of the measures set out in the council decision . additional technical equipment and european border and coast guard teams shall be deployed as necessary at a second stage and in any case within five working days from the deployment of the rapid reserve pool .


### the european border and coast guard agency should facilitate and encourage operational cooperation between member states and third countries in the framework of the external relations policy of the union , including by coordinating operational cooperation between member states and third countries in the field of management of external borders and by deploying liaison officers to third countries , as well as by cooperating with the authorities of third countries on return , including as regards the acquisition of travel documents . in their cooperation with third countries , the european border and coast guard agency and member states should comply with norms and standards at least equivalent to those set by union legislation also when the cooperation with third countries takes place on the territory of those countries . ### the european border and coast guard agency should facilitate and encourage operational cooperation between member states and third countries in the framework of the external relations policy of the union and by deploying liaison officers to third countries , as well as by cooperating with the authorities of third countries . in their cooperation with third countries , the european border and coast guard agency and member states should comply with union law , including norms and standards which form part of the union acquis , when the cooperation with third countries takes place on the territory of those countries .


### carry out a vulnerability assessment including the assessment of the capacity of member states to face threats and pressures at the external borders ; ### carry out a vulnerability assessment including the assessment of the capacity of member states to face challenges and pressures at the external borders while complying with the relevant eu legislation and their international human rights obligations ;


### the rapid reserve pool shall be a standing corps placed at the immediate disposal of the agency and which can be deployed from each member state within three working days from when the operational plan is agreed upon by the executive director and the host member state . for that purpose , each member state shall , on a yearly basis , make available to the agency a number of border guards commensurate to at least 3% of the staff of member states without land or sea external borders and 2% of the staff of member states with land or sea external borders , and which shall amount to a minimum of 1 500 border guards , corresponding to the profiles identified by the decision of the management board . ### the rapid reserve pool shall be a standing corps placed at the immediate disposal of the agency and which can be deployed from each member state within five working days from when the operational plan is agreed upon by the executive director and the host member state . for that purpose , each member state shall , on a yearly basis , make available to the agency a number of border guards or other relevant staff which shall amount to a minimum of 1 500 border guards , corresponding to the profiles identified by the decision of the management board .


### within the framework of the external relations policy of the union , priority for deployment of liaison officers shall be given to those third countries which , on the basis of risk analysis , constitute a country of origin or transit regarding irregular immigration . on a reciprocal basis the agency may receive liaison officers posted by those third countries . the management board shall adopt , on a proposal of the executive director the list of priorities on a yearly basis . the deployment of liaison officers shall be approved by the management board . ### within the framework of the external relations policy of the union , priority for deployment of liaison officers shall be given to those third countries which , on the basis of risk analysis , constitute a country of origin or transit regarding irregular migration . on a reciprocal basis the agency may receive liaison officers posted by those third countries . the management board shall adopt , on a proposal of the executive director the list of priorities on a yearly basis . the deployment of liaison officers shall be approved by the management board .


### 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 . ### complaints which are ill founded , malicious , frivolous , vexatious , hypothetical or unidentifiable shall be excluded from the complaint mechanism . anonymous complaints shall be admissible if they are submitted by third parties acting in good faith in the interest of a complainant .


### the tasks of the agency’s liaison officers shall include , in compliance with union law and in accordance with fundamental rights , establishing and maintaining contacts with the competent authorities of the third country to which they are assigned with a view to contributing to the prevention of and fight against irregular immigration and the return of illegally staying third - country nationals . those liaison officers shall coordinate closely with union delegations . ### the tasks of the agency’s liaison officers shall include , in compliance with union law and in accordance with fundamental rights , establishing and maintaining contacts with the competent authorities of the third country to which they are assigned with a view to contributing to the prevention of and fight against irregular migration and the return of those third - country nationals who are the subject of a final return decision . those liaison officers shall coordinate closely with union delegations .


### the results of the risk analysis shall be submitted to the supervisory board and to the management board . ### the results of the risk analysis shall be submitted to the advisory board and to the management board .


### the executive director shall be appointed by the management board on the grounds of merit and documented high - level administrative and management skills , as well as senior professional experience in the field of management of the external borders and return . the management board shall take its decision by a two - thirds majority of all members with a right to vote . ### taking into account these opinions , the executive director shall be appointed by the management board on the grounds of merit and documented high - level administrative and management skills , as well as senior professional experience in the field of management of the external borders and return . the management board shall take its decision by a two - thirds majority of all members with a right to vote .


### to ensure the effective implementation of the european integrated border management , a european border and coast guard should be established . the european border and coast guard , which comprises the european border and coast guard agency and national authorities which are responsible for border management , including coast guards to the extent that they carry out border control tasks , relies upon the common use of information , capabilities and systems at national level and the response of the european border and coast guard agency at union level . ### to ensure the effective implementation of the european integrated border management , a european border and coast guard should be established . the european border and coast guard , which comprises the european border and coast guard agency and national authorities which are responsible for border management , including national navies and coast guards to the extent that they carry out border control tasks and maritime security , relies upon the sharing and common use of information , intelligence , capabilities and systems at national level and the response of the european border and coast guard agency at union level .


### the agency shall organise the appropriate technical and operational assistance for the host member state and it may take one or more of the following measures : ### the agency shall organise the appropriate technical and operational assistance for the host member state and it may , in accordance with the relevant union and international law , including the principle of non - refoulement , take one or more of the following measures :


### 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 .


### personal data regarding persons who are suspected , on reasonable grounds , by the competent authorities of the member states of involvement in cross - border criminal activities , including in facilitating irregular immigration activities , in trafficking in human beings or terrorism ; ### personal data regarding persons who are suspected , on reasonable grounds , by the competent authorities of the member states of involvement in the criminal smuggling of persons , in trafficking in human beings or in terrorism ;


### any person who is directly affected by the actions of staff involved in a joint operation , pilot project , rapid border intervention , return operation or return intervention , and who considers him or herself to have been the subject of a breach of his or her fundamental rights due to those actions , or any third parties intervening on behalf of such a person , may submit a complaint , in writing , to the agency . ### any person who is directly affected by the actions of staff involved in a joint operation , pilot project , rapid border intervention , migration management support teams , return operation or return intervention , and who considers him or herself to have been the subject of a breach of his or her fundamental rights due to those actions , or any third parties intervening on behalf of such a person , may submit a complaint , in writing , to the agency .


### the european border and coast guard shall implement the european integrated border management as a shared responsibility of the european border and coast guard agency and of the national authorities responsible for border management , including coast guards to the extent that they carry out border control tasks . ### the european border and coast guard shall implement the european integrated border management as a shared responsibility of the european border and coast guard agency and of the national authorities responsible for border management , including coast guards to the extent that they carry out border control tasks and national navies . nonetheless , member states retain the primary responsibility for the management of their section of the external borders .


### border control , including measures related to the prevention , detection and investigation of cross - border crime , where appropriate ; ### border control , which may include measures related to the prevention , detection and investigation of cross - border crime , where appropriate and in articulation with europol ;


### ‘ return intervention’ means an operation to return illegally staying third - country nationals providing for enhanced technical and operational assistance consisting of the deployment of european return intervention teams to member states and the organisation of return operations . ### ‘ return intervention’ means an operation to return third - country nationals who are the subject of a final return decision providing for enhanced technical and operational assistance consisting of the deployment of european return intervention teams to member states and the organisation of return operations .


### the european agency for the management of operational cooperation at the external borders of the member states of the european union , commonly referred to as frontex , was established by council regulation no 2007 / 2004 . 14 since taking up its responsibilities on 1 may 2005 , it has been successful in assisting member states with implementing the operational aspects of external border management through joint operations and rapid border interventions , as well as risk analysis , information exchange , relations with third countries and the return of third - country nationals illegally staying on the territory of member states . __________________ 14 council regulation no 2007 / 2004 of 26 october 2004 establishing a european agency for the management of operational cooperation at the external borders of the member states of the european union . ### the european agency for the management of operational cooperation at the external borders of the member states of the european union , commonly referred to as frontex , was established by council regulation no 2007 / 2004 . 14 since taking up its responsibilities on 1 may 2005 , it has been successful in assisting member states with implementing the operational aspects of external border management through joint operations and rapid border interventions , as well as risk analysis , information exchange , relations with third countries and the return of irregularly staying third - country nationals who are the subject of a final return decision issued by a member state , __________________ 14 council regulation no 2007 / 2004 of 26 october 2004 establishing a european agency for the management of operational cooperation at the external borders of the member states of the european union .


### the agency shall proactively monitor and contribute to research and innovation activities relevant for the control of the external borders , including the use of advanced surveillance technology such as remotely piloted aircraft systems , and for return . the agency shall disseminate the results of that research to the commission and the member states . it may use those results as appropriate in joint operations , rapid border interventions , return operations and return interventions . ### the agency shall proactively monitor and contribute to research and innovation activities relevant for the control of the external borders , including the use of advanced surveillance technology . the agency shall disseminate the results of that research to the commission and the member states . it may use those results as appropriate in joint operations , rapid border interventions , return operations and return interventions .


### assist member states in circumstances requiring increased technical assistance and operational assistance for implementing the obligation to return illegally staying third - country nationals , including through the coordination or organisation of return operations ; ### assist member states in circumstances requiring increased technical assistance and operational assistance for implementing the obligation to return those third - country nationals who are the subject of a final return decision issued by a member state , including through the coordination or organisation of return operations ;


### the management board may establish a small - sized executive board composed of the chairperson of the management board , one representative of the commission and three members of the management board , to assist it and the executive director with regard to the preparation of the decisions , programmes and activities to be adopted by the management board and when necessary , because of urgency , to take certain provisional decisions on behalf of the management board . ### the management board may establish a small - sized executive board , to assist it and the executive director with regard to the preparation of the decisions , programmes and activities to be adopted by the management board and when necessary , because of urgency , to take certain provisional decisions on behalf of the management board , excluding decisions on which a reinforced majority is needed in the management board


### the european border and coast guard agency should prepare general and tailored risk analysis based on a common integrated risk analysis model , to be applied by the agency itself and by member states . the european border and coast guard agency should , based also on information provided by member states , provide adequate information and intelligence covering all aspects relevant to european integrated border management , especially border control , return , irregular secondary movements of third - country nationals within the union , prevention of cross - border crime including facilitation of irregular immigration , trafficking in human beings and terrorism , as well as the situation at neighbouring third countries , so as to allow for appropriate measures to be taken or to tackle identified threats and risks with a view to improving the integrated management of external borders . ### the european border and coast guard agency should prepare general and tailored risk analysis based on a common integrated risk analysis model , to be applied by the agency itself and by member states . the european border and coast guard agency should , based also on information provided by member states , provide adequate information and intelligence covering all aspects relevant to european integrated border management , as well as the situation at neighbouring third countries , so as to allow for appropriate measures to be taken or to tackle identified threats and risks with a view to improving the integrated management of external borders .


### 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 .


### 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 european border and coast guard agency shall establish an operational and technical strategy for the european integrated border management . it shall promote and ensure the implementation of european integrated border management in all member states . ### the european border and coast guard agency shall establish an operational and technical strategy for the european integrated border management . it shall promote and ensure the implementation of european integrated border management in all member states , taking into account the need to ensure consistency between union policies and activities in line with article 7 of the treaty on the functioning of the european union .


### a european border and coast guard is hereby set up to ensure a european integrated border management at the external borders with a view to managing migration effectively and ensuring a high level of internal security within the union , while safeguarding the free movement of persons therein . ### a european border and coast guard is hereby set up to ensure a european integrated border management at the external borders , to safeguard free movement and the fundamental rights of persons in the area of freedom , security and justice without internal borders by effectively managing migration and thereby ensuring a high level of internal security .


### the european border and coast guard agency should facilitate and encourage operational cooperation between member states and third countries in the framework of the external relations policy of the union , including by coordinating operational cooperation between member states and third countries in the field of management of external borders and by deploying liaison officers to third countries , as well as by cooperating with the authorities of third countries on return , including as regards the acquisition of travel documents . in their cooperation with third countries , the european border and coast guard agency and member states should comply with norms and standards at least equivalent to those set by union legislation also when the cooperation with third countries takes place on the territory of those countries . ### the european border and coast guard agency should facilitate and encourage operational cooperation between member states and third countries in the framework of the external relations policy of the union and by deploying liaison officers to third countries , as well as by cooperating with the authorities of third countries . in their cooperation with third countries , the european border and coast guard agency and member states should comply with union law , including norms and standards which form part of the union acquis , when the cooperation with third countries takes place on the territory of those countries .


### the commission shall propose candidates for the post of the executive director and the deputy executive director based on a list following publication of the post in the official journal of the european union and other press or internet sites as appropriate . ### the appointment of the executive director and the deputy executive director shall take place in accordance with the cooperation procedure provided for in paragraph 2 . the executive director and deputy executive director shall be appointed on the basis of his or her merit , documented high - level administrative and management skills , and senior professional experience in the field of the management of external borders .


### the agency , in cooperation with the fundamental rights officer , shall take the necessary measures to set up a complaint mechanism in accordance with this article to monitor and ensure the respect for fundamental rights in all the activities of the agency . ### the agency , in cooperation with the fundamental rights officer , shall take the necessary measures to set up a complaint mechanism in accordance with this article to monitor and ensure the respect for fundamental rights in all the activities of the agency , including within the framework of the working arrangements concluded with the competent authorities of third countries . this mechanism has to take into account the needs of persons in a vulnerable situation , such as children , victims of trafficking in human beings , persons in need of medical assistance , pregnant women , and persons in need of international protection .


### the european border and coast guard agency shall establish an operational and technical strategy for the european integrated border management . it shall promote and ensure the implementation of european integrated border management in all member states . ### the european border and coast guard agency by decision of the management board shall establish an operational and technical strategy for the european integrated border management , taking into account , where justified , the specific situation of the member states , in particular their geographical location . this strategy shall be in line with article 4 of this regulation . it shall promote and support the implementation of european integrated border management in all member states .


### –critical technologies , including artificial intelligence , robotics , semiconductors , technologies with potential dual use applications , cybersecurity , space or nuclear technology ; ### –critical technologies , including artificial intelligence , robotics , semiconductors , technologies with potential dual use applications , cybersecurity , aerospace , defence , space or nuclear technology ;


### –critical infrastructure , including energy , transport , communications , data storage , space or financial infrastructure , as well as sensitive facilities ; ### –critical infrastructure , including energy , energy security , transport , water , communications , public health provision , data storage , space or financial infrastructure , as well as sensitive facilities and any security and defence infrastructure ;


### each member state shall appoint a foreign direct investment screening contact point for the screening of foreign direct investment . the commission and other member states shall involve these fdi screening contact points on all issues related to implementation of this regulation . ### each member state shall appoint a foreign direct investment screening contact point for the screening of foreign direct investment . the commission and other member states shall involve these fdi screening contact points on all issues related to implementation of this regulation . the commission and the member states shall meet regularly to discuss best practices in investment screening and coordinate on factors that are taken into consideration within the meaning of article 4 with a view to harmonising those factors .


### to guide member states and the commission in the application of the regulation , it is appropriate to provide a list of factors that may be taken into consideration when screening foreign direct investment on the grounds of security or public order . this list will also improve transparency of the screening process for investors considering making or having made foreign direct investments in the union . this list of factors that may affect security or public order should remain non - exhaustive . ### to guide member states and the commission in the application of the regulation , it is appropriate to provide a list of factors that may be taken into consideration when screening foreign direct investment on the grounds of security or public order . this list will also improve transparency of the screening process for investors considering making or having made foreign direct investments in the union as well as providing a basis for the competent authority to respond to any potential judicial review of the screening . this list of factors that may affect security or public order should remain non - exhaustive .


### 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 .


### a mechanism which enables member states to cooperate and assist each other where a foreign direct investment in one member state may affect the security or public order of other member states should be set up . member states should be able to provide comments to a member state in which the investment is planned or has been completed , irrespective of whether the member states providing comments or the member states in which the investment is planned or has been completed maintain a screening mechanism or are screening the investment . the comments of member states should also be forwarded to the commission . the commission should also have the possibility , where appropriate , to issue an opinion to the member state in which the investment is planned or has been completed , irrespective of whether this member state maintains a screening mechanism or is screening the investment and irrespective of whether other member states have provided comments . ### a mechanism which enables member states to cooperate and assist each other where a foreign direct investment in one member state may affect the security or public order of other member states should be set up . member states should be able to provide comments to a member state in which the investment is planned or has been completed , irrespective of whether the member states providing comments or the member states in which the investment is planned or has been completed maintain a screening mechanism or are screening the investment . the comments of member states should also be forwarded to the commission . the commission should also have the possibility , where appropriate , to issue an opinion to the member state in which the investment is planned or has been completed , irrespective of whether this member state maintains a screening mechanism or is screening the investment and irrespective of whether other member states have provided comments . the possibility of setting up voluntary cooperation agreements between the relevant national authorities and the commission on the one hand and third countries with similar equivalent screening mechanisms should be included in the economic and partnership agreements adopted as part of the union’s external action .


### –access to sensitive information or the ability to control sensitive information . ### –access to sensitive national and european security information or the ability to control sensitive security information .


### an eu - wide list of datasets with a particular potential to generate socio - economic benefits together with harmonised re - use conditions constitutes an important enabler of cross - border data applications and services . in the process leading to the establishment of the list , the commission should carry out appropriate consultations , including at expert level . the list should take into account sectoral legislation that already regulates the publication of datasets , as well as the categories indicated in the technical annex of the g8 open data charter and in the commission ' s notice 2014 / c 240 / 01 . ### an eu - wide list of datasets with a particular potential to generate socio - economic benefits together with harmonised re - use conditions constitutes an important enabler of cross - border data applications and services . in the process leading to the establishment of the list , according to the priority categories set out in annex iia , the commission should carry out appropriate consultations , including a public consultation and consultations at expert level . all interested stakeholders including public sector bodies , public undertakings , data re - users , research organisations , civil society groups , and other representative organisations may submit suggestions for specific datasets . the list should take into account sectoral legislation that already regulates the publication of datasets .


### in order to set in place conditions supporting the re - use of documents which is associated with important socio - economic benefits having a particular high value for economy and society , 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 adoption of a list of high - value datasets among the documents to which this directive applies , along with the modalities of their publication and re - use . 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 of 13 april 2016 on better law - making . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states ' experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts . ### in order to set in place conditions supporting the re - use of documents which is associated with important socio - economic benefits having a particular high value for economy and society , a list of categories for high value datasets is included in annex iia . 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 adoption of specific high - value datasets from the priority categories specified in annex iia , along with the modalities of their publication and re - use . 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 of 13 april 2016 on better law - making . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states ' experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts .


### with a view to achieving the objectives of this directive , the commission shall adopt the list of high value datasets among the documents to which this directive applies , together with the modalities of their publication and re - use . ### with a view to achieving the objectives of this directive , a list of categories for high value datasets is set out in annex iia . the commission shall adopt the list of high value datasets from the categories , together with the modalities of their publication and re - use .


### the re - use of high value datasets , the list of which shall be defined in accordance with article 13 , and of research data referred to in point of article 1 shall be free of charge for the user . ### the re - use of high value datasets , the list of which shall be defined in accordance with article 13 and annex iia , and of research data referred to in point of article 1 shall be free of charge for the user .


### 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 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 .


### ' confiscation order ' means a final penalty or measure imposed by a court following proceedings in relation to a criminal offence , resulting in the final deprivation of property from a natural or legal person ; ### ' confiscation order ' means a final penalty or measure imposed by a court or a competent authority following proceedings in relation to a criminal or civil offence , resulting in the final deprivation of property from a natural or legal person ;


### it is important to facilitate the mutual recognition and execution of orders to freeze and to confiscate property by establishing rules obliging a member state to recognise and execute in its territory freezing and confiscation orders issued by another member state within the framework of criminal proceedings . ### it is important to facilitate the mutual recognition and execution of orders to freeze and to confiscate property by establishing rules obliging a member state to recognise and execute in its territory freezing and confiscation orders issued by another member state within the framework of criminal , civil and administrative proceedings .


### ' proceeds ' means any economic advantage derived directly or indirectly from a criminal offence ; it may consist of any form of property and includes any subsequent reinvestment or transformation of direct proceeds and any valuable benefits ; ### ' proceeds ' means any economic advantage derived directly or indirectly from a criminal , civil or administrative offence ; it may consist of any form of property and includes any subsequent reinvestment or transformation of direct proceeds and any valuable benefits ;


### this regulation should apply to all confiscation orders imposed by a court following proceedings in relation to a criminal offence and all freezing orders issued with a view to possible subsequent confiscation . it should therefore cover all types of orders covered by directive 2014 / 42 / eu , as well as other types of orders issued without final conviction within the framework of criminal proceedings . this regulation should not apply to freezing and confiscation orders issued within the framework of civil or administrative procedings . ### this regulation should apply to all confiscation orders imposed by a court following proceedings in relation to a criminal , civil or administrative offence and all freezing orders issued with a view to possible subsequent confiscation . it should therefore cover all types of orders covered by directive 2014 / 42 / eu , as well as other types of orders issued without final conviction within the framework of criminal , civil or administrative proceedings .


### in respect of a confiscation order , a competent authority as defined by the issuing state which , in criminal proceedings , has competence to enforce a confiscation order issued by a court in accordance with national law ; ### in respect of a confiscation order , a competent authority as defined by the issuing state which , in criminal , civil or administrative proceedings , has competence to enforce a confiscation order issued by a court in accordance with national law ;


### ' confiscation order ' means a final penalty or measure imposed by a court following proceedings in relation to a criminal offence , resulting in the final deprivation of property from a natural or legal person ; ### ' confiscation order ' means a final penalty or measure imposed by a court or a competent authority following proceedings in relation to a criminal , civil or administrative offence , resulting in the final deprivation of property from a natural or legal person ;


### however , this point shall only apply where such an order would have priority over subsequent national freezing orders in criminal proceedings under national law . ### however , this point shall only apply where such an order would have priority over subsequent national freezing orders in criminal , civil or administrative proceedings under national law .


### this regulation lays down the rules under which a member state shall recognise and execute in its territory a freezing or a confiscation order issued by another member state within the framework of criminal proceedings . ### this regulation lays down the rules under which a member state shall recognise and execute in its territory a freezing or a confiscation order issued by another member state within the framework of criminal , civil and administrative proceedings .


### a shared biometric matching service storing biometric templates and enabling querying with biometric data across several eu information systems is established for the purposes of supporting the cir and the multiple - identity detector and the objectives of the ees , the vis , eurodac , the sis and [ the ecris - tcn system ] . ### a shared biometric matching service shall be established to enable querying with biometric data across several eu information systems , the sis , and the multiple - identity detector and to support the objectives of the ees , the vis , eurodac , the sis and [ the ecris - tcn system ] .


### the two - step data consultation approach is particularly valuable in cases where the suspect , perpetrator or suspected victim of a terrorist offence or other serious criminal offence is unknown . in those cases the common identity repository should enable identifying the information system that knows the person in one single search . by creating the obligation to use this new law enforcement access approach in these cases , access to the personal data stored in the ees , the vis , [ the etias ] and eurodac should take place without the requirements of a prior search in national databases and the launch of a prior search in the automated fingerprint identification system of other member states under decision 2008 / 615 / jha . the principle of prior search effectively limits the possibility of member state’ authorities to consult systems for justified law enforcement purposes and could thereby result in missed opportunities to uncover necessary information . the requirements of a prior search in national databases and the launch of a prior search in the automated fingerprint identification system of other member states under decision 2008 / 615 / jha should only cease to apply once the alternative safeguard of the two - step approach to law enforcement access through the cir has become operational . ### the two - step data consultation approach is particularly valuable in cases where the suspect , perpetrator or suspected victim of a terrorist offence or other serious criminal offence is unknown . in those cases , using the european search portal or the shared biometric matching service should enable the relevant authority to identify the information system that knows the suspect , perpetrator or suspected victim in one single search , following the necessary checks in national databases and once a query of the automated fingerprint identification system of other member states under decision 2008 / 615 / jha has been launched . by creating the obligation to use this new law enforcement access approach in these cases , access to the personal data stored in the ees , the vis , [ the etias ] and eurodac should take place without the requirements of a prior search in national databases and the launch of a prior search in the automated fingerprint identification system of other member states under decision2008 / 615 / jha . the principle of prior search in national databases and afis which were designed specifically for preventing , detecting and investigating terrorist offences or other serious criminal offences before searching in other eu information systems which do not have that as their primary purpose helps to ensure the necessity and proportionality of such a search .


### contributing to fighting identity fraud ; ### contributing to combatting identity fraud


### ‘ europol data’ means personal data provided to europol for the purpose referred to in article 18 of regulation 2016 / 794 ; ### ‘ europol data’ means personal data processed by europol for the purposes referred to in article 18 to of regulation 2016 / 794 ;


### the linked data has similar identity data and the authority responsible for the verification of different identities concluded it refers unlawfully to the same person . ### the linked data has similar identity data and the authority responsible for the verification of different identities concluded it refers to the same person in an unjustified manner .


### in order to ensure the correct identification of a person , member state authorities competent for preventing and combating irregular migration and competent authorities within the meaning of article 3 of directive 2016 / 680 should be allowed to query the common identity repository with the biometric data of that person taken during an identity check . ### in order to assist in the correct identification of a person , where a travel document or other identity document proves insufficient or is unavailable , member state competent authorities within the meaning of article 3 of directive 2016 / 680 should be allowed to query the european search portal or the shared biometric matching service and the underlying union information systems with the biographical or biometric data of that person taken during an identity check provided always that individual concerned is physically present during such a check .


### with a view to improve the management of the external borders , to contribute to preventing and combating irregular migration and to contribute to a high level of security within the area of freedom , security and justice of the union , including the maintenance of public security and public policy and safeguarding the security in the territories of the member states , interoperability between eu information systems , namely the entry / exit system , the visa information system , [ the european travel information and authorisation system ] , eurodac , the schengen information system , and the [ european criminal records information system for third - country nationals ] should be established in order for these eu information systems and their data to supplement each other . to achieve this , a european search portal , a shared biometric matching service , a common identity repository and a multiple - identity detector should be established as interoperability components . ### with a view to improve the management of the external borders , to facilitating regular border crossings , to contribute to preventing and combating irregular migration , and , to assist in the prevention , detection and investigation of terrorist offences or other serious criminal offences , interoperability between eu information systems , namely [ the entry / exit system ] , the visa information system , [ the european travel information and authorisation system ] , eurodac , the schengen information system , and the [ european criminal records information system for third - country nationals ] should be established in so far as that is possible while respecting the fundamental rights of the individual , in particular , the right to protection of personal data . to achieve this , a european search portal , a shared biometric matching service , and a multiple - identity detector should be established as interoperability components .


### 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 umf standard shall be used in the development of the [ eurodac ] , the [ ecris - tcn system ] , the european search portal , the cir , the mid and , if appropriate , in the development by eu - lisa or any other eu body of new information exchange models and information systems in the area of justice and home affairs . ### the umf standard shall be used in the development of the [ eurodac ] , the [ ecris - tcn system ] , the european search portal , the mid and , if appropriate , in the development by eu - lisa or any other eu body of new information exchange models and information systems in the area of justice and home affairs .


### access to the multiple - identity detector by member state authorities and eu bodies having access to at least one eu information system included in the common identity repository or to the sis should be limited to so called red links where the linked data shares the same biometric but different identity data and the authority responsible for the verification of different identities concluded it refers unlawfully to the same person , or where the linked data has similar identity data and the authority responsible for the verification of different identities concluded it refers unlawfully to the same person . where the linked identity data is not similar , a yellow link should be established and a manual verification should take place in order to confirm the link or change its colour accordingly . ### access to the multiple - identity detector by member state authorities and eu bodies having access to at least one of the relevant eu information system should be limited to red links , where the linked data shares the same biometric but different identity data and the authority responsible for the verification of different identities concluded it refers to the same person in an unjustified manner , or where the linked data has different identity data and the authority responsible for the verification of different identities concluded it refers to the same person in an unjustified manner . where the linked identity data are not similar , a yellow link should be established and a manual verification should take place in order to confirm the link or change its colour accordingly .


### the query of the common identity repository by member state designated authorities and europol in order to obtain a hit - flag type of response indicating the data is recorded in the ees , the vis , [ the etias ] or eurodac requires automated processing of personal data . a hit - flag would not reveal personal data of the concerned individual other than an indication that some of his or her data are stored in one of the systems . no adverse decision for the concerned individual should be made by the authorised end - user solely on the basis of the simple occurrence of a hit - flag . access by the end - user of a hit - flag would therefore realise a very limited interference with the right to protection of personal data of the concerned individual , while it would be necessary to allow the designated authority and europol to address its request for access for personal data more effectively directly to the system that was flagged as containing it . ### the query of the eu information systems by member state designated authorities and europol in order to obtain a hit - flag type of response indicating the data is recorded in the ees , the vis , [ the etias ] or eurodac requires automated processing of personal data . a hit - flag should reveal only an indication that some of his or her data are stored in one of the systems , provided the authority making the search has access to that system . no adverse decision for the concerned individual should be made by the authorised end - user solely on the basis of the simple occurrence of a hit - flag , and the hit - flag should be used by the relevant authorities only for the purpose of deciding which database to query . access by the end - user of a hit - flag would therefore constitute an interference with the right to protection of personal data of the concerned individual and therefore should comply with the principles of necessity and proportionality .


### the commission shall lay down the procedures to determine the cases where identity data can be considered as identical or similar in implementing acts . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 64 . ### the commission shall lay down the procedures to determine the cases where identity data can be considered as identical or similar in delegated acts . such delegated acts should be designed in a manner that protects persons with multiple lawful identities against discrimination . those delegated acts shall be adopted in accordance with article 63 .


### the linked data shares the same biometric but different identity data and the authority responsible for the verification of different identities concluded it refers unlawfully to the same person ; ### the linked data shares the same biometric but different identity data and the authority responsible for the verification of different identities concluded it refers to the same person who has evidently provided false information with the intent of committing a serious criminal offence ;


### without prejudice to the notification and communication of a personal data breach pursuant to article 33 of regulation 2016 / 679 , article 30 of directive 2016 / 680 , or both , member states shall notify the commission , eu - lisa and the european data protection supervisor of security incidents . in the event of a security incident in relation to the central infrastructure of the interoperability components , eu - lisa shall notify the commission and the european data protection supervisor . ### without prejudice to the notification and communication of a personal data breach pursuant to article 33 of regulation 2016 / 679 , article 30 of directive 2016 / 680 , or both , member states shall notify the commission , eu - lisa , the national supervisory authority and the european data protection supervisor of security incidents . in the event of a security incident in relation to the central infrastructure of the interoperability components , eu - lisa shall notify the commission and the european data protection supervisor .


### this regulation applies to persons in respect of whom personal data may be processed in the eu information systems referred to in paragraph 1 and in the europol data referred to in paragraph 2 . ### this regulation applies to persons in respect of whom personal data may be processed in the eu information systems referred to in paragraph 1 and in the europol data referred to in paragraph 2 , only for the purposes as defined in the underlying legal basis for those information systems .


### a central infrastructure , including a search engine and the storage of the data referred to in article 13 ; ### a central infrastructure , including a search engine ;


### with a view to improve the management of the external borders , to contribute to preventing and combating irregular migration and to contribute to a high level of security within the area of freedom , security and justice of the union , including the maintenance of public security and public policy and safeguarding the security in the territories of the member states , interoperability between eu information systems , namely the entry / exit system , the visa information system , [ the european travel information and authorisation system ] , eurodac , the schengen information system , and the [ european criminal records information system for third - country nationals ] should be established in order for these eu information systems and their data to supplement each other . to achieve this , a european search portal , a shared biometric matching service , a common identity repository and a multiple - identity detector should be established as interoperability components . ### with a view to the management of the external borders , interaction between eu information systems , namely [ the entry / exit system ] , the visa information system , [ the european travel information and authorisation system ] , the schengen information system , should be established in order for these eu information systems and their data to supplement each other . to achieve this , a european search portal should be established maintaining all the requirements of the existing legal instruments , namely access rights and purpose limitation .


### eu - lisa shall establish automated data quality control mechanisms and procedures on the data stored in the sis , eurodac , [ the ecris - tcn system ] , the shared biometric matching service , the common identity repository and the multiple - identity detector . ### eu - lisa shall establish as soon as possible automated data quality control mechanisms and procedures on the data stored in the ees , the [ etias ] , the vis and the sis , and the multiple - identity detector . those automated data quality control mechanisms should be adequately tested prior to the start of operations of the interoperability components in accordance with article 62 .


### 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 . ### 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 .


### without prejudice to the right of information referred to in articles 11 and 12 of regulation 45 / 2001 and articles 13 and 14 of regulation 2016 / 679 , persons whose data are stored in the shared biometric matching service , the common identity repository or the multiple - identity detector shall be informed by the authority collecting their data , at the time their data are collected , about the processing of personal data for the purposes of this regulation , including about identity and contact details of the respective data controllers , and about the procedures for exercising their rights of access , rectification and erasure , as well as about the contact details of the european data protection supervisor and of the national supervisory authority of the member state responsible for the collection of the data . ### without prejudice to the right to information referred to in articles 11 and 12 of regulation 45 / 2001 , articles 13 and 14 of regulation 2016 / 679 , and article 13 of directive 2016 / 680 , persons whose data are stored in the one of the eu information systems , the sis , or in the multiple - identity detector shall be informed by the authority collecting their data , at the time their data are collected , about the processing of personal data for the purposes of this regulation , including about identity and contact details of the respective data controllers , about the procedures for exercising their rights of access , rectification and erasure as laid down in article 47 , about their right to lodge a complaint with the supervisory authority , the purpose of the data processing , the data retention period , the fact that personal data may be accessed by law enforcement authorities , and the contact details of the european data protection supervisor and of the national supervisory authority of the member state responsible for the collection of the data .


### 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 .


### without prejudice to the right of information referred to in articles 11 and 12 of regulation 45 / 2001 and articles 13 and 14 of regulation 2016 / 679 , persons whose data are stored in the shared biometric matching service , the common identity repository or the multiple - identity detector shall be informed by the authority collecting their data , at the time their data are collected , about the processing of personal data for the purposes of this regulation , including about identity and contact details of the respective data controllers , and about the procedures for exercising their rights of access , rectification and erasure , as well as about the contact details of the european data protection supervisor and of the national supervisory authority of the member state responsible for the collection of the data . ### without prejudice to the right of information referred to in articles 11 and 12 of regulation 45 / 2001 , articles 13 and 14 of regulation 2016 / 679 , and article 13 of directive 2016 / 680 , persons whose data are stored in the shared biometric matching service , the common identity repository or the multiple - identity detector shall be informed by the authority collecting their data , at the time their data are collected , about the processing of personal data for the purposes of this regulation , including about identity and contact details of the respective data controllers , and about the procedures for exercising their rights of access , rectification and erasure , about the relevant retention periods , the automated decision - making and the fact that personal data is not transferred or made available to third countries , international organisations or private parties with the exception of transfer to interpol , as well as about the contact details of the european data protection supervisor and of the national supervisory authority of the member state responsible for the collection of the data .


### the ees , [ the etias ] , the vis , the sis , eurodac , [ the ecris - tcn system ] , the cir and the multiple - identity detector , as well as the europol data and the interpol databases , shall provide the data that they contain resulting from the query of the esp . ### the ees , [ the etias ] , the vis , the sis , eurodac , [ the ecris - tcn system ] , and the multiple - identity detector , as well as the europol data and the interpol databases , shall provide the data that they contain resulting from the query of the esp .


### eu - lisa shall render the data anonymous and shall record such anonymous data in the crrs . the process for rendering the data anonymous shall be automated . ### eu - lisa shall render the data anonymous , by ensuring that the data is non - identifiable , and shall record such anonymous data in the crrs . the process for rendering the data anonymous shall be automated .


### where the query indicates that data on that person is stored in the cir , the member states authority shall have access to consult the data referred to in article 18 . ### where the query indicates that data on that person is stored in the eu information systems or the sis , the member states police authority shall have access to consult the following data : the data referred to in [ article 16 to and article 17 to of the ees regulation ] ; the data referred to in article 9 to , and of regulation no767 / 2008 ; and [ the data referred to in article 15 to of the etias regulation ] .


### with a view to improve the management of the external borders , to contribute to preventing and combating irregular migration and to contribute to a high level of security within the area of freedom , security and justice of the union , including the maintenance of public security and public policy and safeguarding the security in the territories of the member states , interoperability between eu information systems , namely the entry / exit system , the visa information system , [ the european travel information and authorisation system ] , eurodac , the schengen information system , and the [ european criminal records information system for third - country nationals ] should be established in order for these eu information systems and their data to supplement each other . to achieve this , a european search portal , a shared biometric matching service , a common identity repository and a multiple - identity detector should be established as interoperability components . ### with a view to improve the management of the external borders , to facilitating regular border crossings , to contribute to preventing and combating irregular migration , and , to assist in the prevention , detection and investigation of terrorist offences or other serious criminal offences , interoperability between eu information systems , namely [ the entry / exit system ] , the visa information system , [ the european travel information and authorisation system ] , eurodac , the schengen information system , and the [ european criminal records information system for third - country nationals ] should be established in so far as that is possible while respecting the fundamental rights of the individual , in particular , the right to protection of personal data . to achieve this , a european search portal , a shared biometric matching service , and a multiple - identity detector should be established as interoperability components .


### the sirene bureaux of the member state for hits that occurred when creating a sis alert in accordance with the [ regulations on sis in the field of law enforcement and on sis in the field of illegal return ] ; ### the sirene bureaux of the member state for hits that occurred when creating or updating a sis alert in accordance with the [ regulations on sis in the field of law enforcement and on sis in the field of illegal return ] ;


### in order to ensure the correct identification of a person , member state authorities competent for preventing and combating irregular migration and competent authorities within the meaning of article 3 of directive 2016 / 680 should be allowed to query the common identity repository with the biometric data of that person taken during an identity check . ### in order to assist in the correct identification of a person , where a travel document or other identity document proves insufficient or is unavailable , member state competent authorities within the meaning of article 3 of directive 2016 / 680 should be allowed to query the european search portal or the shared biometric matching service and the underlying union information systems with the biographical or biometric data of that person taken during an identity check provided always that individual concerned is physically present during such a check .