### the introduction of an automated fingerprint identification service within sis complements the existing prüm mechanism on mutual cross - border online access to designated national dna databases and automated fingerprint identification systems46 . the prüm mechanism enables interconnectivity of national fingerprint identification systems whereby a member state can launch a request to ascertain if the perpetrator of a crime whose fingerprints have been found , is known in any other member state . the prüm mechanism verifies if the owner of the fingerprints are known in one point in time therefore if the perpetrator becomes known in any of the member states later on he or she will not necessarily be captured . the sis fingerprint search allows an active search of the perpetrator . therefore , it should be possible to upload the fingerprints of an unknown perpetrator into sis , provided that the owner of the fingerprints can be identified to a high degree of probability as the perpetrator of a serious crime or act of terrorism . this is in particular the case if fingerprints are found on the weapon or on any object used for the offence . the mere presence of the fingerprints at the crime scene should not be considered as indicating a high degree of probability that the fingerprints are those of the perpetrator . a further precondition for the creation of such alert should be that the identity of the perpetrator cannot be established via any other national , european or international databases . should such fingerprint search lead to a potential match the member state should carry out further checks with their fingerprints , possibly with the involvement of fingerprint experts to establish whether he or she is the owner of the prints stored in sis , and should establish the identity of the person . the procedures should be subject of national law . an identification as the owner of an ' unknown wanted person ' in sis may substantially contribute to the investigation and it may lead to an arrest provided that all conditions for an arrest are met . _________________ 46 council decision 2008 / 615 / jha of 23 june 2008 on the stepping up of cross - border cooperation , particularly in combating terrorism and cross - border crime ; and council decision 2008 / 616 / jha of 23 june 2008 on the implementation of decision 2008 / 615 / jha on the stepping up of cross - border cooperation , particularly in combating terrorism and cross - border crime . ### the introduction of an automated fingerprint identification service within sis complements the existing prüm mechanism on mutual cross - border online access to designated national dna databases and automated fingerprint identification systems46 . the prüm mechanism enables interconnectivity of national fingerprint identification systems whereby a member state can launch a request to ascertain if the perpetrator of a crime whose fingerprints have been found , is known in any other member state . the prüm mechanism verifies if the owner of the fingerprints are known in one point in time therefore if the perpetrator becomes known in any of the member states later on he or she will not necessarily be captured . the sis fingerprint search allows an active search of the perpetrator . therefore , it should be possible to upload the fingerprints of an unknown perpetrator into sis , provided that there is evidence to show that the owner of the fingerprints is the perpetrator of a serious crime or act of terrorism . the mere presence of the fingerprints at the crime scene should not be considered as evidence that the fingerprints are those of the perpetrator . a further precondition for the creation of such alert should be that the identity of the perpetrator cannot be established via any other national , european or international databases . should such fingerprint search lead to a potential match the member state should carry out further checks with their fingerprints , possibly with the involvement of fingerprint experts to establish whether he or she is the owner of the prints stored in sis , and should establish the identity of the person . the procedures should be subject of national law . an identification as the owner of an ' unknown wanted person ' in sis may contribute to the investigation . _________________ 46 council decision 2008 / 615 / jha of 23 june 2008 on the stepping up of cross - border cooperation , particularly in combating terrorism and cross - border crime ; and council decision 2008 / 616 / jha of 23 june 2008 on the implementation of decision 2008 / 615 / jha on the stepping up of cross - border cooperation , particularly in combating terrorism and cross - border crime .


### fingerprints found at a crime scene should be allowed to be checked against the fingerprints stored in sis if it can be established to a high degree of probability that they belong to the perpetrator of the serious crime or terrorist offence . serious crime should be the offences listed in council framework decision 2002 / 584 / jha47 and ‘ terrorist offence’ should be offences under national law referred to in council framework decision 2002 / 475 / jha48 . _________________ 47 council framework decision of 13 june 2002 on the european arrest warrant and the surrender procedures between member states . 48 council framework decision 2002 / 475 / jha of 13 june 2002 on combating terrorism . ### fingerprints found at a crime scene should be allowed to be checked against the fingerprints stored in sis if there is evidence to show that they belong to the perpetrator of a serious crime or terrorist offence . serious crimes should be those offences , for which there is automatic surrender to the requesting member state , as listed in council framework decision 2002 / 584 / jha47 and ‘ terrorist offence’ should be those offences under national law set out in articles 3 , 4 , 12 and 14 of directive 2017 / 541 on combating terrorism48 _________________ 47 council framework decision of 13 june 2002 on the european arrest warrant and the surrender procedures between member states . 48 council framework decision 2002 / 475 / jha of 13 june 2002 on combating terrorism .


### sis should contain alerts on missing persons to ensure their protection or to prevent threats to public security . issuing an alert in sis for children at risk of abduction should be limited , therefore it is appropriate to provide for strict and appropriate safeguards . in cases of children , these alerts and the corresponding procedures should serve the best interests of the child having regard to article 24 of the charter of fundamental rights of the european union and the united nations convention on the rights of the child of 20 november 1989 . ### sis should contain alerts on missing persons to ensure their protection or to prevent threats to public security . issuing an alert in sis for children at risk of abduction should be limited , therefore it is appropriate to provide for strict and appropriate safeguards . in cases of children , these alerts and the corresponding procedures should serve the best interests of the child having regard to article 24 of the charter of fundamental rights of the european union and the united nations convention on the rights of the child of 20 november 1989 . law enforcement authorities ' decisions on the follow up to an alert related to a child shall be taken in cooperation with child protection authorities and the national hotline for missing children shall be informed . in case of missing unaccompanied minors the purpose for competent authorities to access the data inserted in sis shall be to protect children and their best interest ;


### alerts should not be kept in sis longer than the time required to fulfil the purposes for which they were issued . in order to reduce the administrative burden on the different authorities involved in processing data on individuals for different purposes , it is appropriate to align the retention period of alerts on persons with the retention periods envisaged for return and illegal stay purposes . moreover , member states regularly extend the expiry date of alerts on persons if the required action could not be taken within the original time period . therefore , the retention period for alerts on persons should be a maximum of five years . as a general principle , alerts on persons should be automatically deleted from sis after a period of five years , except for alerts issued for the purposes of discreet , specific and inquiry checks . these should be deleted after one year . alerts on objects entered for discreet checks , inquiry checks or specific checks should be automatically deleted from the sis after a period of one year , as they are always related to persons . alerts on objects for seizure or use as evidence in criminal proceedings should be automatically deleted from sis after a period of five years , as after such a period the likelihood of finding them is very low and their economic value is significantly diminished . alerts on issued and blank identification documents should be kept for 10 years , as the validity period of documents is 10 years at the time of issuance . decisions to keep alerts on persons should be based on a comprehensive individual assessment . member states should review alerts on persons within the defined period and keep statistics about the number of alerts on persons for which the retention period has been extended . ### alerts should not be kept in sis longer than the time required to fulfil the purposes for which they were issued . it is therefore necessary to maintain a review of the necessity of an alert after a period of three years . it is already the case that member states may and do regularly extend the expiry date of alerts on persons if the required action could not be taken within the original time period . as a general principle , alerts on persons should be automatically deleted from sis as soon as they are no longer necessary , or after a period of three years , except for alerts issued for the purposes of discreet , specific and inquiry checks . these should be deleted after one year . alerts on objects entered for discreet checks , inquiry checks or specific checks should be automatically deleted from the sis after a period of one year , as they are always related to persons . alerts on objects for seizure or use as evidence in criminal proceedings should be automatically deleted from sis after a period of five years , as after such a period the likelihood of finding them is very low and their economic value insignificantly diminished . alerts on issued and blank identification documents should be kept for 10 years , as the validity period of documents is 10 years at the time of issuance . decisions to keep alerts on persons should be based on comprehensive individual assessment . member states should review alerts on persons within the defined period and keep statistics about the number of alerts on persons for which the retention period has been extended .


### entering and extending the expiry date of a sis alert should be subject to the necessary proportionality requirement , examining whether a concrete case is adequate , relevant and important enough to insert an alert in sis . offences pursuant to articles 1 , 2 , 3 and 4 of council framework decision 2002 / 475 / jha on combating terrorism50 constitute a very serious threat to public security and integrity of life of individuals and to society , and these offences are extremely difficult to prevent , detect and investigate in an area without internal border controls where potential offenders circulate freely . where a person or object is sought in relation to these offences , it is always necessary to create the corresponding alert in sis on persons sought for a criminal judicial procedure , on persons or objects subject to a discreet , inquiry and specific check as well as on objects for seizure , as no other means would be as effective in relation to that purpose . _________________ 50 council framework decision 2002 / 475 / jha of 13 june 2002 on combating terrorism . ### entering and extending the expiry date of a sis alert should be subject to the necessary proportionality requirement , examining whether a concrete case is adequate , relevant and important enough to insert an alert in sis . offences pursuant to articles 3 , 4 , 12 and 14 of directive 2017 / 54 on combating terrorism constitute a very serious threat to public security and integrity of life of individuals and to society , and these offences are extremely difficult to prevent , detect and investigate in an area without internal border controls where potential offenders circulate freely . where a person or object is sought in relation to these offences , it is always necessary to create the corresponding alert in sis on persons sought for a criminal judicial procedure , on persons or objects subject to a discreet , inquiry and specific check as well as on objects for seizure , as no other means would be as effective in relation to that purpose .


### it is necessary to provide clarity concerning the deletion of alerts . an alert should be kept only for the time required to achieve the purpose for which it was entered . considering the diverging practices of member states concerning the definition of the point in time when an alert fulfils its purpose , it is appropriate to set out detailed criteria for each alert category to determine when it should be deleted from sis . ### it is necessary to provide rules concerning the deletion of alerts . an alert should be kept only for the time required to achieve the purpose for which it was entered . considering the diverging practices of member states concerning the definition of the point in time when an alert fulfils its purpose , it is appropriate to set out detailed criteria for each alert category to determine when it should be deleted from sis .


### the national independent supervisory authorities should monitor the lawfulness of the processing of personal data by the member states in relation to this regulation . the rights of data subjects for access , rectification and erasure of their personal data stored in sis , and subsequent remedies before national courts as well as the mutual recognition of judgments should be set out . therefore , it is appropriate to require annual statistics from member states . ### the national independent supervisory authorities should monitor the lawfulness of the processing of personal data by the member states in relation to this regulation and should be granted sufficient resources to carry out this task . the rights of data subjects for access , rectification and erasure of their personal data stored in sis , the number of cases brought before national courts and subsequent remedies as well as the mutual recognition of judgments should be set out . therefore , it is appropriate to require annual statistics from member states .


### owing to their technical nature , level of detail and need for regular updating , certain aspects of sis cannot be covered exhaustively by the provisions of this regulation . these include , for example , technical rules on entering data , updating , deleting and searching data , data quality and search rules related to biometric identifiers , rules on compatibility and priority of alerts , the adding of flags , links between alerts , specifying new object categories within the technical and electronic equipment category , setting the expiry date of alerts within the maximum time limit and the exchange of supplementary information . implementing powers in respect of those aspects should therefore be conferred to the commission . technical rules on searching alerts should take into account the smooth operation of national applications . ### owing to their technical nature , level of detail and need for regular updating , certain aspects of sis cannot be covered exhaustively by the provisions of this regulation . these include , for example , technical rules on entering data , updating , deleting and searching data , data quality and search rules related to biometric identifiers , rules on compatibility and priority of alerts , the adding of flags , links between alerts , specifying new object categories within the technical and electronic equipment category . implementing powers in respect of those aspects should therefore be conferred to the commission . technical rules on searching alerts should take into account the smooth operation of national applications .


### this regulation respects the fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union . in particular , this regulation seeks to ensure a safe environment for all persons residing on the territory of the european union and special protection for children who could be victim of trafficking or parental abduction while fully respecting the protection of personal data . ### this regulation respects the fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union . in particular , this regulation seeks to ensure a safe environment for all persons residing on the territory of the european union and special protection for children who could be victim of trafficking or parental abduction while fully respecting the protection of personal data . facial images , fingerprints , palm prints and dna of children shall be collected , stored , retrieved and used only for the purpose of the protection of the child and her / his best interest


### this regulation respects the fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union . in particular , this regulation seeks to ensure a safe environment for all persons residing on the territory of the european union and special protection for children who could be victim of trafficking or parental abduction while fully respecting the protection of personal data . ### this regulation respects the fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union . in particular , this regulation should fully respect the protection of personal data in accordance with article 8 of the charter of fundamental rights while seeking to ensure a safe environment for all persons residing on the territory of the european union and special protection for children who could be victim of trafficking or parental abduction .


### ‘ processing of personal data’ means any operation or set of operations which is performed on personal data or on sets of personal data , whether or not by automated means , such as collection , logging , organisation , structuring , storage , adaptation or alteration , retrieval , consultation , use , disclosure by transmission , dissemination or otherwise making available , alignment or combination , restriction , erasure or destruction ; ### ‘ processing of personal data’ means any operation or set of operations which is performed on personal data or on sets of personal data , whether or not by automated means , such as collection , recording , logging , organisation , structuring , storage , adaptation or alteration , retrieval , consultation , use , disclosure by transmission , dissemination or otherwise making available , alignment or combination , restriction , erasure or destruction ;


### ‘ serious crime’ means offences listed in article 2 and of framework decision 2002 / 584 / jha of 13 june 200271 ; _________________ 71 council framework decision of 13 june 2002 on the european arrest warrant and the surrender procedures between member states . ### ‘ serious crime’ means offences listed in article 2 of framework decision 2002 / 584 / jha of 13 june 200271 , where those offences are punishable , in the issuing member state , by a judicial decision executing a custodial sentence or detention order for a maximum period of at least three years ; _________________ 71 council framework decision of 13 june 2002 on the european arrest warrant and the surrender procedures between member states .


### supplementary information shall be used only for the purpose for which it was transmitted in accordance with article 61 unless prior consent is obtained from the issuing member state . ### supplementary information shall be used only for the purpose for which it was transmitted in accordance with article 61 .


### member states shall ensure , by means of the services provided by cs - sis , that data stored in the national copy are , by means of automatic updates referred to in article 4 , identical to and consistent with the sis database , and that a search in its national copy produces a result equivalent to that of a search in the sis database . end - users shall receive the data required to perform their tasks , in particular all data required for the identification of the data subject and to take the required action . ### member states shall ensure , by means of the services provided by cs - sis , that data stored in the national copy are , by means of automatic updates referred to in article 4 , identical to and consistent with the sis database , and that a search in its national copy , which will be established voluntarily by the member state , produces a result equivalent to that of a search in the sis database . in so far as this is possible , end - users shall receive the data required to perform their tasks , in particular , where necessary , all available data which would allow for the identification of the data subject and allow the required action to be taken .


### the records shall show , in particular , the history of the alert , the date and time of the data processing activity , the data used to perform a search , a reference to the data transmitted and the names of both the competent authority and the person responsible for processing the data . ### the logs shall show , in particular , the history of the alert , the date and time of the data processing activity , the data used to perform a search , a reference to the data processed and the names of both the competent authority and the person responsible for processing the data .


### if the search is carried out with dactylographic data or facial image in accordance with articles 40 , 41 and 42 the logs shall show , in particular , the type of data used to perform a search , a reference to the type of data transmitted and the names of both the competent authority and the person responsible for processing the data . ### if the search is carried out with dactylographic data or facial image in accordance with articles 40 , 41 and 42 the logs shall show , in particular , the type of data used to perform a search , a reference to the type of data processed and the names of both the competent authority and the person responsible for processing the data .


### if the search is carried out with dactylographic data or facial image in accordance with articles 40 , 41 and 42 the logs shall show , in particular , the type of data used to perform the search , a reference to the type data transmitted and the names of both the competent authority and the person responsible for processing the data . ### if the search is carried out with dactylographic data or facial image in accordance with articles 40 , 41 and 42 the logs shall show , in particular , the type of data used to perform the search , a reference to the type data processed and the names of both the competent authority and the person responsible for processing the data .


### the logs may be used only for the purpose referred to in paragraph 1 and shall be deleted at the earliest one year , and at the latest three years , after their creation . ### the logs may be used only for the purpose referred to in paragraph 1 and shall be deleted two years after their creation .


### member states shall ensure that each authority entitled to access sis data takes the measures necessary to comply with this regulation and cooperates , where necessary , with the national supervisory authority . ### member states shall ensure that each authority entitled to access sis data takes the measures necessary to comply with this regulation and cooperates with the national supervisory authority .


### before being authorised to process data stored in sis and periodically after access to sis data has been granted , the staff of the authorities having a right to access sis shall receive appropriate training about data security , data protection rules and the procedures on data processing as set out in the sirene manual . the staff shall be informed of any relevant criminal offences and penalties . ### before being authorised to process data stored in sis and periodically after access to sis data has been granted , the staff of the authorities having a right to access sis shall receive appropriate training about data security , data protection rules and the procedures on data processing as set out in the sirene manual . the staff shall be informed of any relevant criminal offences and penalties laid down in accordance with article 66a .


### the agency shall develop and maintain a mechanism and procedures for carrying out quality checks on the data in cs - sis and shall provide regular reports to the member states . the agency shall provide a regular report to the commission covering the issues encountered and the member states concerned . this mechanism , procedures and the interpretation of data quality compliance shall be established by means of implementing measures in accordance with the examination procedure referred to in article 72 . ### the agency shall develop and maintain a mechanism and procedures for carrying out quality checks on the data in cs - sis and shall provide regular lists and reports to the member states . the agency shall provide a regular report to the commission covering the issues encountered and the member states concerned . this mechanism , procedures and the interpretation of data quality compliance shall be established by means of implementing measures in accordance with the examination procedure referred to in article 72 .


### the logs shall show , in particular , the history of the alerts , the date and time of the data transmitted , the type of data used to perform searches , the reference to the type of data transmitted and the name of the competent authority responsible for processing the data . ### the logs shall show , in particular , the history of the alerts , the date and time of the data processed , the type of data used to perform searches , the reference to the type of data processed and the name of the competent authority responsible for processing the data .


### the logs may only be used for the purposes mentioned in paragraph 1 and shall be deleted at the earliest one year , and at the latest three years , after their creation . the logs which include the history of alerts shall be erased after one to three years after deletion of the alerts . ### the logs may only be used for the purposes mentioned in paragraph 1 and shall be deleted two years after their creation . the logs which include the history of alerts shall be erased two years after deletion of the alerts


### the commission , in cooperation with the national supervisory authorities and the european data protection supervisor , shall regularly carry out campaigns informing the public about the objectives of sis , the data stored , the authorities having access to sis and the rights of data subjects . member states shall , in cooperation with their national supervisory authorities , devise and implement the necessary policies to inform their citizens about sis generally . ### once this regulation applies in accordance with article 75 , the commission , in cooperation with the national supervisory authorities and the european data protection supervisor , shall carry out a campaign informing the public about the objectives of sis , the data stored , the authorities having access to sis and the rights of data subjects . the commission , in cooperation with the national supervisory authorities and the european data protection supervisor , shall repeat such campaigns regularly . member states shall , in cooperation with their national supervisory authorities , devise and implement the necessary policies to inform their citizens about sis generally .


### where a person or an object is sought by a member state in relation to an offence that falls under articles 1 to 4 of council framework decision 2002 / 475 / jha on combating terrorism , the member state shall , in all circumstances , create the corresponding alert under either article 34 , 36 or 38 as appropriate . ### where a person is sought by a member state as a suspect , or an object is sought , in relation to an offence that falls under articles 3 , 4 , 12 and 14 of directive 2017 / 541 on combating terrorism , the member state shall create the corresponding alert under either article 34 , 36 or 38 as appropriate .


### quality standards shall be established for the storage of the data referred to under paragraph 1 of this article and article 40 . the specification of these standards shall be laid down by means of implementing measures and updated in accordance with the examination procedure referred to in article 72 . ### quality standards shall be established for the storage of the data referred to under paragraph 1 and of this article and article 40 . the specification of these standards shall be laid down by means of implementing measures and updated in accordance with the examination procedure referred to in article 72 .


### where available , all other data listed in article 20 shall also be entered . ### where available , and provided that the conditions for entering such data have been met , the other data listed in article 20 shall also be entered .


### where a member state considers that to give effect to an alert entered in accordance with articles 26 , 32 and 36 is incompatible with its national law , its international obligations or essential national interests , it may subsequently require that a flag be added to the alert to the effect that the action to be taken on the basis of the alert will not be taken in its territory . the flag shall be added by the sirene bureau of the issuing member state . ### where a member state considers that to give effect to an alert entered in accordance with articles 26 , 32 , 36 and 40 is incompatible with its national law , its international obligations or essential national interests , it may subsequently require that a flag be added to the alert to the effect that the action to be taken on the basis of the alert will not be taken in its territory . the flag shall be added by the sirene bureau of the issuing member state .


### the issuing member state may , in the case of an ongoing search operation and following the authorisation of the relevant judicial authority of the issuing member state , temporarily make an existing alert for arrest issued under article 26 of this regulation unavailable for searching to the effect that the alert shall not be searchable by the end - user and will only be accessible to the sirene bureaux . this functionality shall be used for a period not exceeding 48 hours . if operationally necessary , however , it may be extended by further periods of 48 hours . member states shall keep statistics about the number of alerts where this functionality has been used . ### the issuing member state may , in the case of an ongoing search operation and following the authorisation of the relevant judicial authority of the issuing member state , temporarily make an existing alert for arrest issued under article 26 of this regulation unavailable for searching to the effect that the alert shall not be searchable by the end - user and will only be accessible to the sirene bureaux . this functionality shall be used for a period not exceeding 72 hours . member states shall keep statistics about the number of alerts where this functionality has been used


### data on missing persons or other persons who need to be placed under protection or whose whereabouts need to be ascertained shall be entered in sis at the request of the competent authority of the member state issuing the alert . ### data on missing persons , vulnerable persons or other persons who need to be placed under protection or whose whereabouts need to be ascertained shall be entered in sis at the request of the competent authority of the member state issuing the alert .


### in order to prevent threats ; ### in order to prevent a threat to public security ;


### paragraph 2 shall apply in particular to children and to persons who have to be interned following a decision by a competent authority . ### an alert on a child referred to in paragraph 2 shall be entered at the request of the competent authorities of the member state . the competent child protection authorities , including the national 116 000 hotline and , in case of missing unaccompanied children , the guardian , shall be informed ;


### an alert on a child referred to in paragraph 2 shall be entered at the request of the competent judicial authority of the member state that has jurisdiction in matters of parental responsibility in accordance with council regulation no 2201 / 200374 where a concrete and apparent risk exists that the child may be unlawfully and imminently removed from the member state where that competent judicial authority is situated . in member states which are party to the hague convention of 19 october 1996 on jurisdiction , applicable law , recognition , enforcement and cooperation in respect of parental responsibility and measures for the protection of children and where council regulation no 2201 / 2003 does not apply , the provisions of the hague convention are applicable . _________________ 74 council regulation no 2201 / 2003 of 27 november 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility , repealing regulation no 1347 / 2000 . ### an entry for an alert on a child referred to in paragraph 2 shall be requested by a competent authority of the member state that has jurisdiction in matters of parental responsibility in accordance with council regulation no 2201 / 20031a in member states which are party to the hague convention of 19 october 1996 on jurisdiction , applicable law , recognition , enforcement and cooperation in respect of parental responsibility and measures for the protection of children and where council regulation no 2201 / 2003 does not apply , the provisions of the hague convention are applicable _________________ 1a council regulation no2201 / 2003 of 27 november 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility , repealing regulation no 1347 / 2000 .


### member states shall ensure that the data entered in sis indicate which of the categories referred to in paragraph 2 the missing person falls into . further , member states shall also ensure that the data entered in sis indicate which type of missing or vulnerable person case is involved . the rules on the categorisation of the types of cases and the entering of such data shall be laid down and developed by means of implementing measures in accordance with the examination procedure referred to in article 72 . ### member states shall ensure that the data entered in sis indicate which of the categories referred to in paragraph 2 the missing person falls into . further , member states shall also ensure that the data entered in sis indicate which type of missing or vulnerable person case is involved . an alert on a child referred to in paragraph 2 needs to indicate to which category of missing child the alert falls into .


### four months before a child who is the subject of an alert under this article reaches adulthood , cs - sis shall automatically notify the issuing member state that the reason for request and the action to be taken have to be updated or the alert has to be deleted . ### four months before a child who is the subject of an alert under this article reaches adulthood , cs - sis shall automatically notify the issuing member state that the reason for request and the action to be taken have to be updated or the alert shall be deleted .


### where a person as referred to in article 32 is located , the competent authorities shall , subject to paragraph 2 , communicate his or her whereabouts to the member state issuing the alert . in the case of missing children or children who need to be placed under protection the executing member state shall consult immediately the issuing member state in order to agree without delay on the measures to be taken in order to safeguard the best interest of the child . the competent authorities may , in the cases referred to in article 32 and , move the person to a safe place in order to prevent him or her from continuing his journey , if so authorised by national law . ### where a person as referred to in article 32 is located , the competent authorities shall , subject to paragraph 2 , communicate his or her whereabouts to the member state issuing the alert . in the case of missing children or children who need to be placed under protection the executing member state shall consult immediately child protection authorities and the national 116 000 hotline for missing children in order to agree without delay on the measures to be taken in order to safeguard the best interest of the child . the competent authorities may , in the cases referred to in article 32 , and , move the person to a safe place . if the alert concerns a child , the decision on the safe place shall take in consideration the vulnerability of the child and his or her best interest .


### where a person as referred to in article 32 is located , the competent authorities shall , subject to paragraph 2 , communicate his or her whereabouts to the member state issuing the alert . in the case of missing children or children who need to be placed under protection the executing member state shall consult immediately the issuing member state in order to agree without delay on the measures to be taken in order to safeguard the best interest of the child . the competent authorities may , in the cases referred to in article 32 and , move the person to a safe place in order to prevent him or her from continuing his journey , if so authorised by national law . ### where a person as referred to in article 32 is located , the competent authorities shall , subject to paragraph 2 , communicate his or her whereabouts to the member state issuing the alert . in the case of missing children or children who need to be placed under protection the executing member state shall consult immediately the issuing member state in order to agree within 12 hours on the measures to be taken in order to safeguard the best interest of the child . the competent authorities may , in the cases referred to in article 32 and , move the person to a safe place in order to prevent him or her from continuing his journey , if so authorised by national law .


### where there is a clear indication that a person intends to commit or is committing a serious crime , in particular the offences referred to in article 2 of the framework decision 2002 / 584 / jha ; ### where there is clear evidence that a person intends to commit or is committing an offence referred to in article 2 of the framework decision 2002 / 584 / jha where that offence is punishable , in the issuing member state , by a judicial decisions executing a custodial sentence or detention order for maximum period of at least three years ;


### where the information referred to in article 37 is necessary for the execution of a criminal sentence of a person convicted of a serious crime , in particular the offences referred to in article 2 of the framework decision 2002 / 584 / jha ; or ### where the information referred to in article 37 is necessary for the execution of a criminal sentence of a person convicted of an offence referred to in article 2 of the framework decision 2002 / 584 / jha where that offence is punishable , in the issuing member state , by a judicial decisions executing a custodial sentence or detention order for a maximum period of at least three years ; or


### where there is a clear indication that vehicles , boats , aircraft and containers are connected with the serious crimes referred to in paragraph 2 or the serious threats referred to in paragraph 3 , alerts on those vehicles , boats , aircraft and containers may be issued . ### where there is a clear indication that vehicles , boats , aircraft , containers , trailers with an unladen weight exceeding 750 kg and caravans are connected with the serious crimes referred to in paragraph 2 or the serious threats referred to in paragraph 3 , alerts on those vehicles , boats , aircraft and containers may be issued .


### where there is a clear indication that vehicles , boats , aircraft and containers are connected with the serious crimes referred to in paragraph 2 or the serious threats referred to in paragraph 3 , alerts on those vehicles , boats , aircraft and containers may be issued . ### where there is clear evidence that vehicles , boats , aircraft and containers are connected with the serious crimes referred to in paragraph 2 or the serious threats referred to in paragraph 3 , alerts on those vehicles , boats , aircraft and containers may be issued .


### where there is a clear indication that blank official documents or issued identity documents are connected with the serious crimes referred to in paragraph 2 or the serious threats referred to in paragraph 3 , alerts on those documents , regardless of the identity of the original holder of the identity document , if any , may be issued . the technical rules necessary for entering , updating , deleting and searching the data referred to in this paragraph shall be laid down and developed by means of implementing measures in accordance with the examination procedure referred to in article 72 . ### where there is clear evidence that blank official documents or issued identity documents are connected with the serious crimes referred to in paragraph 2 or the serious threats referred to in paragraph 3 , alerts on those documents , regardless of the identity of the original holder of the identity document , if any , may be issued . the technical rules necessary for entering , updating , deleting and searching the data referred to in this paragraph shall be laid down and developed by means of implementing measures in accordance with the examination procedure referred to in article 72 .


### the vehicle , boat , aircraft or container used ; ### the vehicle , boat , aircraft , container , trailers with an unladen weight exceeding 750 kg and caravans used ;


### aircraft ; ### aircraft and aircraft engines ;


### the definition of new sub - categories of object under paragraph 2 and the technical rules necessary for entering , updating , deleting and searching the data referred to in paragraph 2 shall be laid down and developed by means of implementing measures in accordance with the examination procedure referred to in article 72 . ### the commission shall be empowered to adopt a delegated act in accordance with article 70b to define new sub - categories of object under paragraph 2 . the technical rules necessary for entering , updating , deleting and searching the data referred to in paragraph 2 shall be laid down and developed by means of implementing measures in accordance with the examination procedure referred to in article 72 .


### the services in the member states responsible for issuing registration certificates for vehicles , as referred to in council directive 1999 / 37 / ec75 , shall have access to the following data entered into sis in accordance with article 38 , , and of this regulation for the sole purpose of checking whether vehicles presented to them for registration have been stolen , misappropriated or lost or are sought as evidence in criminal proceedings : _________________ 75 council directive 1999 / 37 of 29 april 1999 on the registration of documents for vehicles . ### the competent authorities in the member states responsible for issuing registration certificates for vehicles , as referred to in council directive 1999 / 37 / ec75 , shall have access only to the following data entered into sis in accordance with article 38 , , and of this regulation for the sole purpose of checking whether vehicles presented to them for registration have been stolen , misappropriated or lost or are sought as evidence in criminal proceedings : _________________ 75 council directive 1999 / 37 of 29 april 1999 on the registration of documents for vehicles .


### access to those data by the services responsible for issuing registration certificates for vehicles shall be governed by the national law of that member state . ### access to those data by the competent authorities responsible for issuing registration certificates for vehicles shall be governed by the national law of that member state .


### the services in the member states responsible for issuing registration certificates or ensuring traffic management for boats , including boat engines and aircraft shall have access to the following data entered into sis in accordance with article 38 of this regulation for the sole purpose of checking whether boats , including boat engines ; aircraft or containers presented to them for registration or subject of traffic management have been stolen , misappropriated or lost or are sought as evidence in criminal proceedings : ### the services in the member states responsible for issuing registration certificates or ensuring traffic management for boats , including boat engines and aircraft including aircraft engines shall have access to the following data entered into sis in accordance with article 38 of this regulation for the sole purpose of checking whether boats , including boat engines ; aircraft or containers presented to them for registration or subject of traffic management have been stolen , misappropriated or lost or are sought as evidence in criminal proceedings :


### the services in the member states responsible for issuing registration certificates or ensuring traffic management for boats , including boat engines and aircraft shall have access to the following data entered into sis in accordance with article 38 of this regulation for the sole purpose of checking whether boats , including boat engines ; aircraft or containers presented to them for registration or subject of traffic management have been stolen , misappropriated or lost or are sought as evidence in criminal proceedings : ### the competent authorities in the member states responsible for issuing registration certificates or ensuring traffic management for boats , including boat engines and aircraft shall have access only to the following data entered into sis in accordance with article 38 of this regulation for the sole purpose of checking whether boats , including boat engines ; aircraft or containers presented to them for registration or subject of traffic management have been stolen , misappropriated or lost or are sought as evidence in criminal proceedings :


### subject to paragraph 2 , the law of each member state shall govern access to those data by those services in that member state . access to the data listed to above shall be limited to the specific competence of the services concerned . ### the law of each member state shall govern access to those data by those competent authorities in that member state . access to the data listed to above shall be limited to the specific competence of the services concerned .


### any copies , as referred to in paragraph 6 , which lead to off - line databases may be retained for a period not exceeding 48 hours . that period may be extended in an emergency until the emergency comes to an end . europol shall report any such extensions to the european data protection supervisor . ### any copies , as referred to in paragraph 6 , which lead to off - line databases may be retained for a period not exceeding 48 hours . where europol creates an off - line database with sis data , it shall report such a database to the european data protection supervisor .


### in accordance with article 40 of regulation 2016 / 1624 , the members of the european border and coast guard teams or teams of staff involved in return - related tasks as well as the members of the migration management support teams shall , within their mandate , have the right to access and search data entered in sis within their mandate . ### in accordance with article 40 of regulation 2016 / 1624 , the host member state shall authorise members of the european border and coast guard teams to consult the sis where that is necessary for fulfilling operational aims specified in the operational plan on border checks , border surveillance and return .


### members of the european border and coast guard teams or teams of staff involved in return - related tasks as well as the members of the migration management support teams shall access and search data entered in sis in accordance with paragraph 1 via the technical interface set up and maintained by the european border and coast guard agency as referred to in article 49 . ### members of the european border and coast guard teams and the members of the migration management support teams shall access and search data entered in sis in accordance with paragraph 1 via the technical interface set up and maintained by the european border and coast guard agency as referred to in article 49 .


### where a search by a member of the european border and coast guard teams or teams of staff involved in return - related tasks or by a member of the migration management support team reveals the existence of an alert in sis , the issuing member state shall be informed thereof . in accordance with article 40 of regulation 2016 / 1624 , members of the teams may only act in response to an alert in sis under instructions from and , as a general rule , in the presence of border guards or staff involved in return - related tasks of the host member state in which they are operating . the host member state may authorise members of the teams to act on its behalf . ### where a search by a member of the european border and coast guard teams or by a member of the migration management support team reveals the existence of an alert in sis , the issuing member state shall be informed thereof . in accordance with article 40 of regulation 2016 / 1624 , members of the teams may only act in response to an alert in sis under instructions from and , as a general rule , in the presence of border guards or staff involved in return - related tasks of the host member state in which they are operating . the host member state may authorise members of the teams to act on its behalf .


### every instance of access and every search made by a member of the european border and coast guard teams or teams of staff involved in return - related tasks or by a member of the migration management support team shall be logged in accordance with the provisions of article 12 and every use made by them of data accessed by them shall be logged . ### every instance of access and every search made by a member of the european border and coast guard teams or teams or by a member of the migration management support team shall be logged in accordance with the provisions of article 12 and every use made by them of data accessed by them shall be logged .


### access to data entered in sis shall be limited to a member of the european border and coast guard teams or teams of staff involved in return - related tasks or by a member of the migration management support team and shall not be extended to any other team members . ### access to data entered in sis shall be limited to a member of the european border and coast guard teams or by a member of the migration management support team and shall not be extended to any other team members .


### for the purposes of article 48 and paragraph 2 of this article the european border and coast guard agency shall set up and maintain a technical interface which allows a direct connection to central sis . ### duly authorised staff of the european border and coast guard agency shall have access to the statistical data contained in the central repository referred to in article 54 for the purpose of carrying out risk analyses and vulnerability assessments as referred to in articles 11 and 13 of regulation 2016 / 1624 , for the purpose of analysing the threats that may affect the functioning or security of the external borders , have the right to access and search data entered in sis , in accordance with articles 24 and 27 .


### in cases where it becomes clear to staff in the sirene bureau , who are responsible for coordinating and verifying of data quality , that an alert on a person has achieved its purpose and should be deleted from sis , the staff shall notify the authority which created the alert to bring this issue to the attention of the authority . the authority shall have 30 calendar days from the receipt of this notification to indicate that the alert has been or shall be deleted or shall state reasons for the retention of the alert . if the 30 - day period expires without such a reply the alert shall be deleted by the staff of the sirene bureau . sirene bureaux shall report any recurring issues in this area to their national supervisory authority . ### as soon as it becomes clear to staff in the sirene bureau , who are responsible for coordinating and verifying data quality , that an alert on a person or an object has achieved its purpose and should be deleted from sis , the staff shall notify the authority which created the alert to bring this issue to the attention of the authority . the authority shall have seven calendar days from the receipt of that notification to indicate that the alert has been or shall be deleted or shall state reasons for the retention of the alert . if the seven - day period expires without such a reply , the alert shall be deleted by the staff of the sirene bureau . sirene bureaux shall report any recurring issues in this area to their national supervisory authority .


### - the location of the child . ### - the location of the child and when the child is put under official protection


### where a hit has been achieved in a member state and the address details were forwarded to the issuing member state and a subsequent hit in that member state reveals the same address details the hit shall be logged in the executing member state but neither the address details nor supplementary shall be resent to the issuing member state . in such cases the executing member state shall inform the issuing member state of the repeated hits and the issuing member state shall consider the need to maintain the alert . ### where a hit has been achieved in a member state and the address details were forwarded to the issuing member state and a subsequent hit in that member state reveals the same address details the hit shall be logged in the executing member state but neither the address details nor supplementary shall be resent to the issuing member state . in such cases the executing member state shall inform the issuing member state of the repeated hits and the issuing member state shall carry out a comprehensive individual assessment on the need to maintain the alert .


### technical copies , as referred to in paragraph 2 , which lead to off - line databases may be retained for a period not exceeding 48 hours . that period may be extended in the event of an emergency until the emergency comes to an end . ### technical copies , as referred to in paragraph 2 , which lead to off - line databases may be retained for a period not exceeding 48 hours .


### any use of data which does not comply with paragraphs 1 to 6 shall be considered as misuse under the national law of each member state . ### any use of data which does not comply with paragraphs 1 to 6 shall be considered as misuse under the national law of each member state . any such misuse of data shall be subject to sanction in accordance with article 66a


### where a member state other than that which issued an alert has evidence suggesting that an item of data is factually incorrect or has been unlawfully stored , it shall , through the exchange of supplementary information , inform the issuing member state at the earliest opportunity and not later than 10 days after the said evidence has come to its attention . the issuing member state shall check the communication and , if necessary , correct or delete the item in question without delay . ### where a member state other than that which issued an alert has evidence suggesting that an item of data is factually incorrect or has been unlawfully stored , it shall , through the exchange of supplementary information , inform the issuing member state at the earliest opportunity and not later than two working days after the said evidence has come to its attention . the issuing member state shall check the communication and , if necessary , correct or delete the item in question within seven working days from the notification


### the member states shall exchange supplementary information where a person complains that he or she is not the person wanted by an alert . where the outcome of the check shows that there are in fact two different persons the complainant shall be informed of the measures laid down in article 59 . ### the member states shall exchange supplementary information where a person complains that he or she is not the person wanted by an alert . where the outcome of the check shows that there are in fact two different persons the complainant shall be informed of the measures laid down in article 59 and of his or her right to redress in accordance with article 66


### member states shall notify the commission , the agency and the national supervisory authority of security incidents . the agency shall notify the commission and the european data protection supervisor of security incidents . ### not later than 72 hours after having become aware of a security incident , member states shall notify the commission , the agency and the national supervisory authority of that incident . the agency shall notify the commission and the european data protection supervisor of security incidents .


### for the purpose of this article , only the following personal data may be entered and further processed in sis : ### for the purpose of this article , and subject to the explicit consent of the person whose identity was misused , only the following personal data may be entered and further processed in sis ;


### the data referred to in paragraph 3 shall be deleted at the same time as the corresponding alert or earlier where the person so requests . ### the data referred to in paragraph 3 shall be deleted as soon as this is requested by the person whose identity was misused or at the same time as the corresponding alert is deleted


### right of access , rectification of inaccurate data and erasure of unlawfully stored data ### right of access , rectification of inaccurate data , erasure of unlawfully stored data and data - processing restrictions


### the agency shall produce , daily , monthly and annual statistics showing the number of records per category of alert , the annual number of hits per category of alert , how many times sis was searched and how many times sis was accessed for the purpose of entering , updating or deleting an alert in total and for each member state . the statistics produced shall not contain any personal data . the annual statistical report shall be published . the agency shall also provide annual statistics on the use of the functionality on making an alert issued under pursuant to article 26 of this regulation temporarily non - searchable , in total and for each member state , including any extensions to the retention period of 48 hours . ### the agency shall produce , daily , monthly and annual statistics showing the number of records per category of alert , the annual number of hits per category of alert , how many times sis was searched and how many times sis was accessed for the purpose of entering , updating or deleting an alert in total and for each member state . the statistics produced shall not contain any personal data . the annual statistical report shall be published . the agency shall also provide annual statistics on the use of the functionality on making an alert issued under pursuant to article 26 of this regulation temporarily non - searchable , in total and for each member state .


### member states as well as europol , eurojust and the european border and coast guard agency shall provide the agency and the commission with the information necessary to draft the reports referred to in paragraphs 3 , 7 and 8 . this information shall include separate statistics on the number of searches carried out by , or on behalf of , by the services in the member states responsible for issuing vehicle registration certificates and the services in the member states responsible for issuing registration certificates or ensuring traffic management for boats , including boat engines ; aircraft and containers . the statistics shall also show the number of hits per category of alert . ### member states as well as europol , eurojust and the european border and coast guard agency shall provide the agency and the commission with the information necessary to draft the reports referred to in paragraphs 3 , 7 and 8 . this information shall include separate statistics on the number of searches carried out by , by the competent authorities in the member states responsible for issuing vehicle registration certificates and the competent authorities in the member states responsible for issuing registration certificates or ensuring traffic management for boats , including boat engines ; aircraft and containers . the statistics shall also show the number of hits per category of alert .


### it is expected that the knowledge on the impact of the cloning technique on the welfare of the animals used will increase . the cloning technique is likely to improve over time . consequently prohibitions should only apply provisionally . this directive should therefore be reviewed within a reasonable time taking into account the experience gained by the member states in its implementation , scientific and technical progress and international developments . ### it is expected that knowledge of the impact of the cloning technique on the welfare of the animals used will increase . the cloning technique is likely to improve over time . consequently , prohibitions should only apply provisionally . this directive should therefore be reviewed within a reasonable time , taking into account the experience gained by the member states in its implementation , scientific and technical progress and international developments , in particular trade flows and the union ' s trade relations .


### international developments . ### international developments , and in particular the impact of this directive on trade flows and on the union ' s trade relations .


### achieving the union ' s air quality objectives requires a continuous effort to reduce engine emissions . for that reason , manufacturers should be provided with clear information on future emission limit values and should be afforded an appropriate period of time in which to attain them and pursue the requisite technical developments . ### sustainable achievement of the union ' s air quality and air protection objectives until 2020 and beyond this date requires a continuous effort to reduce emissions from different types of engines . for that reason manufacturers should be provided with clear and comprehensive information on future emission limit values in advance and should be afforded an appropriate period of time in which to attain them and pursue the requisite technical developments


### in order to ensure that emissions of ultrafine particulate pollutants are controlled , the commission should be empowered to adopt a number - based approach to emissions of particulate pollutants , in addition to the mass - based approach which is currently used . the number - based approach to emissions of particles should draw on the results of the particulate measurement programme of the united nations economic commission for europe and be consistent with the existing ambitious objectives for the environment . ### in order to ensure that emissions of ultrafine particulate pollutants are controlled , the commission should be empowered to adopt a number - based approach to emissions of particulate pollutants , in addition to the mass - based approach which is currently used . the number - based approach to emissions of particles should draw on the results of the particulate measurement programme of the united nations economic commission for europe , achieve at least the level of protection afforded by the existing union legislation on road vehicles , support the requirement to minimise emissions of carcinogenic substances , and thus protect workers , and be consistent with the existing ambitious objectives for the environment .


### in order to better control actual in - use emissions and to prepare the in - service conformity process , a testing methodology for monitoring the emission performance requirements based on the use of portable emission measurement systems should be adopted within an appropriate timeframe . ### in order to better control actual in - use emissions and to prepare the in - service conformity process , a testing methodology for monitoring the emission performance requirements based on the use of portable emission measurement systems should be adopted by the end of 2017 .


### ‘ transition period ' means the first eighteen months following the date of mandatory implementation of stage v , as referred to in article 17 ; ### ‘ transition period ' means the first eighteen months following the date of mandatory implementation of stage v or voluntary enhanced environmentally - friendly engine , as referred to in article 17 ;


### member states shall establish or appoint the approval authorities competent in matters concerning approval and the market surveillance authorities competent in matters concerning market surveillance in accordance with this regulation . member states shall notify the commission of the establishment and appointment of such authorities . ### member states shall establish or appoint the approval authorities competent in matters concerning approval and the market surveillance authorities competent in matters concerning market surveillance , including in - service testing referred to in article 18 , in accordance with this regulation . member states shall notify the commission of the establishment and appointment of such authorities .


### approval authorities shall make public by means of the union central administrative platform referred to in article 41 , a register of all engine types and engine families , for which they have granted eu type - approval , containing at least the following information : trademark , designation of manufacturer , engine category , number of type - approval , and date of type - approval . ### approval authorities shall make public by means of the union central administrative platform referred to in article 41 , a register of all engine types and engine families , for which they have granted eu type - approval , containing at least the following information : trademark , designation of manufacturer , engine category , number of type - approval , and date of type - approval , as well as technical parameters .


### in addition to the marking affixed to their engines in accordance with article 31 , manufacturers shall indicate on their engines made available on the market their name , registered trade name or registered trade mark and the address in the union at which they can be contacted or , where that is not possible , on its packaging or in a document accompanying the engine . ### in addition to the marking affixed to their engines in accordance with article 31 , manufacturers shall indicate on their engines made available on the market their name , registered trade name or registered trade mark , technical parameters and the address in the union at which they can be contacted or , where that is not possible , on its packaging or in a document accompanying the engine .


### importers shall make available instructions and information , as required in accordance with article 41 . ### importers shall make available instructions , information and all documentation , as required in accordance with article 41 .


### the gaseous pollutant and particulate emissions of engine types or engine families in service shall be monitored by testing engines installed in non - road mobile machinery operated over their normal operating duty cycles . such testing shall be conducted on engines that have been correctly maintained and shall comply with the provisions on the selection of engines , testing procedures and reporting of results for the different engine categories . ### the gaseous pollutant and particulate emissions of engine types or engine families in service shall be monitored by testing engines installed in non - road mobile machinery . such testing shall be conducted under actual conditions of use .


### the commission shall be empowered to adopt delegated acts in accordance with article 55 of this regulation setting out : ### no later than 31 december 2017 , the commission shall be empowered to adopt delegated acts in accordance with article 55 of this regulation setting out :


### for engines of the category nre , member states shall authorise an extension of the transition period and the 12 - months period referred to in the first sub - paragraph by an additional 12 months for oem ' s with a total yearly production of fewer than 50 units of non - road mobile machinery equipped with combustion engines . for the purposes of the calculation of the total yearly production referred to in this paragraph , all oem ' s under the control of the same natural or legal person shall be considered to be a single oem . ### for engines of the category nre , member states shall authorise an extension of the transition period and the 12 - months period referred to in the first sub - paragraph by an additional 12 months for oem ' s with a total number of employees of less than 50 and either yearly turnover or balance sheet total of equal or less than € 10 million . these ceilings apply to the figures for individual firms only . a firm which is part of larger grouping may need to include employee / turnover / balance sheet data from that grouping too .


### by 31 december 2020 , the commission shall submit a report to the european parliament and to the council regarding : ### by 31 december 2018 the commission shall submit a report to the european parliament and to the council regarding :


### foreign direct investment contributes to the union ' s growth , by enhancing its competitiveness , creating jobs and economies of scale , bringing in capital , technologies , innovation , expertise , and by opening new markets for the union ' s exports . it supports the objectives of the commission ' s investment plan for europe and contributes to other union projects and programmes . ### foreign direct investment contributes to the union ' s growth , by enhancing its competitiveness , creating jobs and economies of scale , stimulating productivity , &#160 ; bringing in capital , technologies , innovation , expertise , and by opening new markets for the union ' s exports . it supports the objectives of the commission ' s investment plan for europe and contributes to other union projects and programmes .


### pursuant to the international commitments undertaken in the world trade organisation , the organisation for economic cooperation and development , and in the trade and investment agreements concluded with third countries , the union and members states may adopt restrictive measures relating to foreign direct investment on the grounds of security or public order , subject to certain requirements . ### pursuant to the international commitments undertaken in the world trade organisation , the organisation for economic cooperation and development , and in the trade and investment agreements concluded with third countries , the union and members states may adopt restrictive measures relating to foreign direct investment only on the grounds of security or public order , subject to certain requirements .


### the framework for the screening of foreign direct investment should provide the member states and the commission with the means to address risks to security or public order in a comprehensive manner , and to adapt to changing circumstances , whilst maintaining the necessary flexibility for member states to screen foreign direct investments on grounds of security and public order taking into account their individual situations and national circumstances . ### the framework for the screening of foreign direct investment should provide the member states and the commission with the means to address any risk to security or public order in a comprehensive manner , and to adapt to changing circumstances , whilst maintaining the necessary flexibility for member states to screen foreign direct investments on grounds of security and public order taking into account their individual situations and national circumstances .


### to that end , it is also important to ensure a minimum level of information and coordination with regard to foreign direct investments falling under the scope of this regulation in all member states . this information should be made available by the member states in which the foreign direct investment is planned or has been completed upon request of the member states or of the commission . relevant information includes aspects such as the ownership structure of the foreign investor and the financing of the planned or completed investment , including , when available , information about subsides granted by third countries . ### to that end , it is also important to ensure a minimum level of information and coordination with regard to foreign direct investments falling under the scope of this regulation in all member states . this information should be made available by the member states in which the foreign direct investment is planned or has been completed upon request of the member states or of the commission . relevant information includes aspects such as the ownership structure of the foreign investor and the financing of the planned or completed investment , including , when available , information about subsides granted by third countries . sensitive information should be excluded from the reporting scope and the commission should in no way interfere with the right of each member state to protect sensitive or confidential information .


### the ownership structure of the foreign investor and of the undertaking in which the foreign direct investment is planned or has been completed , including information on the ultimate controlling shareholder or shareholders ; ### the full ownership structure of the foreign investor and of the undertaking in which the foreign direct&#160 ; investment is planned or has been completed , including information on the ultimate beneficial owners ;


### 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 should also establish a central screening point in order to co - ordinate the activities of screening points established at national level . the commission and other member states shall involve these fdi screening contact points on all issues related to implementation of this regulation .


### in view of the risk that the application of directive 91 / 308 / eec would lead to an increase in cash movements for illicit purposes which could pose a threat to the financial system and the internal market , that directive was complemented by regulation no 1889 / 2005 of the european parliament and of the council20 . that regulation aims at preventing and detecting money laundering and the financing of terrorism by laying down a system of controls applicable to natural persons who enter or leave the union carrying amounts of cash or bearer - negotiable instruments equal to or greater than 10 000 eur or its equivalent in other currencies . __________________ 20 regulation no 1889 / 2005 of the european parliament and of the council of 26 october 2005 on controls of cash entering or leaving the community . ### in view of the risk that the application of directive 91 / 308 / eec would lead to an increase in cash movements for illicit purposes which could pose a threat to the financial system and the internal market , that directive was complemented by regulation no 1889 / 2005 of the european parliament and of the council20 . that regulation aims at preventing and detecting money laundering and the financing of terrorism by laying down a system of controls applicable to natural persons who enter or leave the union carrying amounts of cash equal to or greater than 10 000 eur or its equivalent in other currencies . the term ' entering or leaving the union ' should be defined in function of the territory of the union as defined in art . 355 , tfeu , in order to ensure that this regulation has the broadest possible scope of application and that no areas such as free zones , international transit areas and similar areas would be exempt from its application and present opportunities to circumvent applicable controls . __________________ 20 regulation no 1889 / 2005 of the european parliament and of the council of 26 october 2005 on controls of cash entering or leaving the community .


### directive 2015 / 849 identifies and describes a number of criminal activities the proceeds of which may be subject to money laundering or used for the financing of terrorism . often , the proceeds of those criminal activities are , for the purpose of their being laundered or used for terrorism financing , transported across the external border of the union . this regulation should take this into account and lay down a system of rules that , apart from contributing to the prevention of money laundering and terrorism financing as such , facilitate the detection and investigation of the criminal activities identified in directive 2015 / 849 . ### directive 2015 / 849 identifies and describes a number of criminal activities the proceeds of which may be subject to money laundering or used for the financing of terrorism . often , the proceeds of those criminal activities are , for the purpose of their being laundered or used for terrorism financing , transported across the external border of the union . this regulation should take this into account and lay down a system of rules that , apart from contributing to the prevention of money laundering and terrorism financing as such , facilitate the detection and investigation of the criminal activities identified in directive 2015 / 849 as well as those affecting the security of the union and of its member states .


### considering their presence at the external borders of the union , their expertise in carrying out controls on passengers and freight crossing the external border and experience gained in the application of regulation no 1889 / 2005 , customs authorities should continue to act as the competent authorities for the purposes of this regulation . at the same time , the member states should continue to be able also to designate other national authorities present at the external border to act as competent authorities . ### considering their presence at the external borders of the union , their expertise in carrying out controls on passengers and freight crossing the external border and experience gained in the application of regulation no 1889 / 2005 , customs authorities should continue to act as the competent authorities for the purposes of this regulation . at the same time , the member states should continue to be able also to designate other national authorities to act as competent authorities .


### considering their presence at the external borders of the union , their expertise in carrying out controls on passengers and freight crossing the external border and experience gained in the application of regulation no 1889 / 2005 , customs authorities should continue to act as the competent authorities for the purposes of this regulation . at the same time , the member states should continue to be able also to designate other national authorities present at the external border to act as competent authorities . ### considering their presence at the external borders of the union , their expertise in carrying out controls on passengers and freight crossing the external border and experience gained in the application of regulation no 1889 / 2005 , customs authorities should continue to act as the competent authorities for the purposes of this regulation . at the same time , the member states should continue to be able also to designate other national authorities present at the external border to act as competent authorities . resources from custom authorities and other national authorities should receive specific training on how to identify cash - based money laundering and member states should allocate resources according to a risk analysis , and not disregard necessary controls of private aircrafts and yachts entering and leaving their territories .


### for the prevention of money laundering and the financing of terrorism , an obligation to declare should be imposed on natural persons entering or leaving the union . in order not to restrict free movement unduly or overburden citizens and authorities with administrative formalities , the obligation should be subject to a threshold of eur 10 000 or its equivalent in commodities used as a highly liquid store of value , bearer - negotiable instruments , pre - paid cards ' worth or other currencies . it should apply to natural persons carrying such amounts on their person , in their luggage or in the conveyance in which they cross the external border . they should be required to make the cash available to the competent authorities for control . ### for the prevention of money laundering and the financing of terrorism , an obligation to declare should be imposed on natural persons entering or leaving the union . in order not to restrict free movement unduly or overburden citizens and authorities with administrative formalities , the obligation should be subject to a threshold of eur 10 000 or its equivalent in commodities used as a highly liquid store of value , bearer - negotiable instruments , prepaid cards ' worth or other currencies . it should apply to carriers , which should be defined for the purpose of this regulation as natural persons carrying such amounts on their person , in their luggage or in the conveyance in which they cross the external border . they should be required to make the cash available to the competent authorities for control .


### for the prevention of money laundering and the financing of terrorism , an obligation to declare should be imposed on natural persons entering or leaving the union . in order not to restrict free movement unduly or overburden citizens and authorities with administrative formalities , the obligation should be subject to a threshold of eur 10 000 or its equivalent in commodities used as a highly liquid store of value , bearer - negotiable instruments , pre - paid cards ' worth or other currencies . it should apply to natural persons carrying such amounts on their person , in their luggage or in the conveyance in which they cross the external border . they should be required to make the cash available to the competent authorities for control . ### for the prevention of money laundering , the financing of terrorism , and other activities contrary to the security of the union as a whole and of its member states an obligation to declare should be imposed on natural persons entering or leaving the union . in order not to restrict free movement unduly or overburden citizens and authorities with administrative formalities , the obligation should be subject to a threshold of eur 10 000 or its equivalent in commodities used as a highly liquid store of value , bearer - negotiable instruments , pre - paid cards ' worth or other currencies . it should apply to natural persons carrying such amounts on their person , in their luggage or in the conveyance in which they cross the external border . they should be required to make the cash available to the competent authorities for control .


### as regards movements of cash that is not accompanied by its owner , sender , intended recipient or their representative , such as cash entering or leaving the union in postal packages , courier shipments , unaccompanied luggage or containerised cargo , the competent authorities at the external border should have the power to require the sender or the recipient or their representative to make a disclosure declaration . such disclosure should cover a number of elements , such as the origin , destination , economic provenance and intended use of the funds , which are not covered by the usual documentation submitted to customs , such as shipping documents and customs declarations . this will allow the competent authorities to carry out risk analysis and concentrate their efforts on those shipments which they deem to present the highest risk , while not imposing systematic additional formalities . the disclosure obligation should be subject to a threshold identical to that for cash carried by natural persons . ### as regards movements of cash that is not accompanied by its carrier , such as cash entering or leaving the union in postal packages , courier shipments , unaccompanied luggage or containerised cargo , the competent authorities should have the power to require the sender or the recipient or their representative to make a disclosure declaration . such disclosure should cover a number of elements , such as the origin , destination , economic provenance and intended use of the funds , which are not covered by the usual documentation submitted to customs , such as shipping documents and customs declarations . this will allow the competent authorities to carry out risk analysis and concentrate their efforts on those shipments which they deem to present the highest risk , while not imposing systematic additional formalities . the disclosure obligation should be subject to a threshold identical to that for cash carried by natural persons .


### considering that the movements of cash that are subject to controls under this regulation take place across the external border , and given the difficulty of acting once the cash has left the point of entry or exit and the associated risk if even small amounts are used illicitly , the competent authorities should be able to seize and retain cash temporarily in certain circumstances , subject to checks and balances : first , where the obligation to declare or to disclose has not been met and , secondly , where there are indications of criminal activity , irrespective of the amount or whether the cash is carried by a natural person or is unaccompanied . in view of the nature of such temporary seizure and retention and the impact that it may have on the freedom of movement and the right to property , the period of retention should be limited to the absolute minimum time that other competent authorities require to determine whether there are grounds for further intervention , such as investigations or seizure of the cash based on other legal instruments . a decision to retain cash temporarily under this regulation should be accompanied by a statement of reasons and adequately describe the specific factors that have given rise to the action . if at the end of the time limit no decision concerning the further intervention is taken or if the competent authority decides that there are no grounds to further retain the cash , it should immediately be made available to the declarant . ### considering that the movements of cash that are subject to controls under this regulation take place across the external border , and given the difficulty of acting once the cash has left the point of entry or exit and the associated risk if even small amounts are used illicitly , the competent authorities should be able to seize and retain cash temporarily in certain circumstances , subject to checks and balances : first , where the obligation to declare or to disclose has not been met and , secondly , where there are indications of criminal activity . in view of the nature of such temporary seizure and retention and the impact that it may have on the freedom of movement and the right to property , the period of retention should be limited to the absolute minimum time that other competent authorities require to determine whether there are grounds for further intervention , such as investigations or seizure of the cash based on other legal instruments . a decision to retain cash temporarily under this regulation should be accompanied by a statement of reasons and adequately describe the specific factors that have given rise to the action . if at the end of the time limit no decision concerning the further intervention is taken or if the competent authority decides that there are no grounds to further retain the cash , it should immediately be released to the relevant interested party .


### it is essential that competent authorities that collect information pursuant to this regulation transmit it in a timely manner to the national financial intelligence unit , in order to enable it to further analyse and compare them with other data as foreseen in directive 2015 / 849 [ ### it is essential that competent authorities that collect information pursuant to this regulation transmit it promptly to the national financial intelligence unit , in order to enable it to further analyse and compare them with other data as provided for in directive 2015 / 849 .


### where they register a failure to declare or disclose or have indications of criminal activity , competent authorities should be able to share the information through appropriate channels with authorities competent for the fight against the criminal activity in question . such exchange of data is proportionate considering that offenders against the obligation to declare who have been apprehended in one member state would be likely to select another member state of entry or exit where the competent authorities would have no knowledge of their earlier infractions . the exchange of such information should be made mandatory , in order to ensure consistent application across member states . where there are indications that the cash is related to criminal activity which could adversely affect the financial interests of the union that information should also be made available to the commission . in order to achieve better the preventive and dissuasive objectives of this regulation with regards to the circumvention of the obligation to declare , anonymised risk information and risk analysis results should also mandatorily be exchanged between member states and with the commission . ### where they register a failure to declare or disclose or have indications of criminal activity , competent authorities should promptly share the information through appropriate channels with the authorities of other member states competent for the fight against the criminal activity in question . such exchange of data is proportionate considering that offenders against the obligation to declare who have been apprehended in one member state would be likely to select another member state of entry or exit where the competent authorities would have no knowledge of their earlier infractions . the exchange of such information should be made mandatory , in order to ensure consistent application across member states . where there are indications that the cash is related to criminal activity which could adversely affect the financial interests of the union that information should also be made available to the commission . in order to achieve better the preventive and dissuasive objectives of this regulation with regards to the circumvention of the obligation to declare , anonymised risk information and risk analysis results should also mandatorily be exchanged between member states and with the commission , in accordance with standards set out in implementing acts to be adopted pursuant to this regulation .


### it should be made possible to exchange information between a competent authority of a member state or the commission and the authorities of a third country given appropriate safeguards . such exchange should only be permissible provided that relevant national and union provisions on fundamental rights and the transfer of personal data are complied with and following an authorisation by the authorities which obtained the information . the commission should be informed of any exchange of information with third countries pursuant to this regulation . ### it should be made possible to exchange information between a competent authority of a member state or the commission and the authorities of a third country given appropriate safeguards . such exchange should only be permissible provided that relevant national and union provisions on fundamental rights and the transfer of personal data are complied with and following an authorisation by the authorities which obtained the information . the commission should be informed of any exchange of information with third countries pursuant to this regulation and the commission shall report on a yearly basis to the european parliament on this information .


### given the nature of the information collected and the legitimate expectation of declarants that their personal data and information on the sums of cash that they have brought into or taken out of the union will be treated confidentially , the competent authorities should provide sufficient safeguards as to the respect of professional secrecy by the agents who require access to the information , and adequately protect it against unauthorised access , use or communication . unless otherwise provided for by this regulation or national law , particularly in the context of legal proceedings , the information should not be disclosed without the permission of the authority which collected it . any collection , disclosure , transmission , communication and other processing of personal data within the scope of this regulation should be subject to the requirements of directive 95 / 46 / ec of the european parliament and of the council21 and regulation no 45 / 2001 of the european parliament and of the council22 . __________________ 21 directive 95 / 46 / ec of the european parliament and of the council of 24 october 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data . 22 regulation no 45 / 2001 of the european parliament and of the council of 18 december 2000 on the protection of individuals with regard to the processing of personal data by the community institutions and bodies and on the free movement of such data . ### given the nature of the information collected and the legitimate expectation of carriers and declarants that their personal data and information on the value of cash that they have brought into or taken out of the union will be treated confidentially , the competent authorities should provide sufficient safeguards as to the respect of professional secrecy by the agents who require access to the information , and adequately protect it against unauthorised access , use or communication . unless otherwise provided for by this regulation or national law , particularly in the context of legal proceedings , the information should not be disclosed without the permission of the authority which collected it . any collection , disclosure , transmission , communication and other processing of personal data within the scope of this regulation should be subject to the requirements of directive 95 / 46 / ec of the european parliament and of the council21 and regulation no 45 / 2001 of the european parliament and of the council22 . __________________ 21 directive 95 / 46 / ec of the european parliament and of the council of 24 october 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data . 22 regulation no 45 / 2001 of the european parliament and of the council of 18 december 2000 on the protection of individuals with regard to the processing of personal data by the community institutions and bodies and on the free movement of such data .


### for the purposes of the analysis carried out by the financial intelligence units and in order to enable authorities in other member states to control and enforce the obligation to declare , particularly with respect to declarants who have previously committed infractions against that obligation it is necessary that the declaration data is stored for a sufficiently long period so as to enable the competent authorities to effectively conduct investigations . processing of personal data under this regulation serves the same purposes as that under directive 2015 / 849 . under this directive , the financial intelligence units retain data provided to them by ' obliged entities ' for five years . in order to control and enforce the obligation to declare effectively , the period of retention of declaration data should be aligned with that provided for under directive 2015 / 849 . ### for the purposes of the analysis carried out by the financial intelligence units and in order to enable authorities in other member states to control and enforce the obligation to declare , particularly with respect to persons who have previously committed infractions against that obligation it is necessary that the declaration data is stored for a sufficiently long period so as to enable the competent authorities to effectively conduct investigations . processing of personal data under this regulation serves the same purposes as that under directive 2015 / 849 . under this directive , the financial intelligence units retain data provided to them by ' obliged entities ' for five years .