### h. whereas in the light of the 2019 christchurch lone gunman attack , future cooperation formalised under the agreement between the eu and new zealand could be essential for prevention and prosecution should other serious crimes be planned or perpetrated within the eu or worldwide; ### h. whereas in the light of the 2019 christchurch terrorist attack , future cooperation formalised under the agreement between the eu and new zealand could be essential for prevention and prosecution should other serious crimes and terrorist attacks be planned or perpetrated within the eu or worldwide;


### 3. believes that , since europol recognises that the terrorist threat level from returning foreign freedom fighters , radicalised european muslims and their families is high , it is essential for information exchange by all relevant law enforcement agencies , within the eu and globally , to be prioritised in order to fight serious crime and terrorism; therefore urges the member states to work faster to secure their borders; ### 3. believes that , since europol recognises that the terrorist threat level remains high , it is necessary to negotiate this international agreement on the modalities of transfer of personal data in order to fight serious crime and terrorism;


### 4. requests that the agreement contain the necessary safeguards and controls with respect to the protection of personal data; ### 4. requires that the agreement contain all the necessary safeguards and controls with respect to the protection of personal data;


### 5. is of the opinion that , in line with the principle of purpose limitation , the future agreement should explicitly lay down a list of criminal offences in relation to which personal data can be exchanged; considers that this list should include the activities covered by such crimes , and the persons , groups and organisations likely to be affected by such transfers; ### 5. is of the opinion that , in line with the principle of purpose limitation , the future agreement should explicitly lay down a list of criminal offences in relation to which personal data can be exchanged; insists that the transferred personal data should be related to individual cases and that the principle of specificity is fully incorporated;


### 6. insists that the agreement contain a clear and precise provision setting out the retention period for personal data that have been transferred and requiring the data to be erased at the end of that period; requests that procedural measures be set out in the agreement to ensure compliance; insists that , in exceptional cases , where there are duly justified reasons to store data for an extended period , past the end of the data retention period , these reasons and the accompanying documentation be communicated to europol and the edps; ### 6. insists that the agreement contain a clear and precise provision setting out the retention period for personal data transferred and requiring the data to be erased at the end of that period; underlines the necessity for the agreement to contain provisions on a periodic review of the retention periods and any further need to store data , as well as mechanisms to ensure the full deletion of transferred data from the recipients’ systems when it has been deleted from the senders’ systems; requests that robust procedural measures be set out in the agreement to ensure compliance; insists that , in those exceptional cases , where there are duly justified reasons to store data for an extended period , past the end of the data retention period , these reasons and the accompanying documentation be communicated to europol and the edps;


### 2. reiterates the importance of an evidence-based approach to guide coherent policy-making; ### 2. reiterates the importance of an approach based on carefully verified and analysed evidence to guide coherent policy-making;


### 3. highlights that border procedures constitute an exception to the legally defined rule that asylum applicants have a right to enter the territory of a member state and can be applied only in the exhaustive number of cases set out in the apd; points out that the eu legislators intended a narrow interpretation of those cases; deplores the fact that some member states apply border procedures much more extensively; ### 3. highlights that border procedures currently constitute an exception to the legally defined rule that asylum applicants have a right to enter the territory of a member state and can be applied only in the exhaustive number of cases set out in the apd; points out that the eu legislators intended a narrow interpretation of those cases; deplores the fact that some member states apply border procedures much more extensively;


### 6. highlights that persons subject to a border procedure are , as a rule , de facto detained; ### 6. highlights that persons subject to a border procedure are , as a rule , de facto detained; member states must strive to take specific measures based on clear and carefully verified evidence when asylum applications are made at the border;


### 6. highlights that persons subject to a border procedure are , as a rule , de facto detained; ### 6. highlights that persons subject to a border procedure are de facto detained;


### 7. reiterates that member states must not hold a person in detention for the sole reason that he or she is an applicant , and recalls that applicants may only be detained where other less coercive measures cannot be applied; regrets that hardly any alternatives to detention have been developed and applied in border procedures; ### 7. reiterates that member states must not hold a person in detention for the sole reason that he or she is an applicant but only if a member state does not have certain information about the applicant's identity and if it cannot be verified , and recalls that applicants may only be detained where other less coercive measures cannot be applied; regrets that hardly any alternatives to detention have been developed and applied in border procedures;


### 8. considers it very problematic that some member states apply de facto border procedures without acknowledging them as such under national law , as this can result in insufficient safeguards against such detention; stresses that any detention should always be prescribed by law; ### 8. considers it very problematic that some member states apply de facto border procedures without acknowledging them as such under national law , as this can result in insufficient safeguards against such detention; considers it necessary for each asylum application to be accompanied by reliable and verified information about the applicant; stresses that any detention should always be prescribed by law;


### 9. recalls that the cjeu , in joined cases c-924/19 ppu and c-925/19 ppu , ruled out the argument that it does not amount to detention if an applicant can leave a transit zone in the direction of a third country; ### 9. recalls that the cjeu , in joined cases c-924/19 ppu and c-925/19 ppu , ruled that the fact that an applicant can leave a transit zone in the direction of a third country does not mean that the applicant is not in detention;


### 10. is deeply concerned that , in the context of border procedures , numerous cases of persons being refused entry without their asylum claims being registered have been reported , at both external and internal borders; reiterates that automatic refusal of entry , refoulement and collective expulsions are prohibited under eu and international law; ### 10. is deeply concerned that , in the context of border procedures , numerous cases of persons being refused entry without their asylum claims being registered have been reported , at both external and internal borders; for this reason , careful checks must be carried out on the registration of asylum applications and each application must be painstakingly verified and analysed; reiterates that automatic refusal of entry , refoulement and collective expulsions are prohibited under eu and international law;


### 11. considers it important to establish independent monitoring bodies and calls on the member states to grant them access to border facilities to ensure the effective protection of fundamental rights and the systematic reporting of violations , in line with the fra’s guidance on border controls; ### 11. considers it important to establish independent verification and monitoring bodies and calls on the member states to grant them access to border facilities to ensure the effective protection of fundamental rights and the systematic reporting of violations , in line with the fra’s guidance on border controls;


### 21. recommends that border procedures should be restricted to less complex cases , such as applicants who have been granted protection in other states or member states or who have raised issues that are not relevant to the examination of an asylum procedure , with their application remaining at the discretion of member states; ### 21. recommends that border procedures should be restricted to less complex cases , such as applicants who have raised issues that are not relevant to the examination of an asylum procedure , with their application remaining at the discretion of member states;


### 22. recalls that the safeguards laid down in chapter ii of the apd also apply in the case of large numbers of arrivals; notes with great concern that in these cases , border procedures create further fundamental rights challenges and efficiency concerns; ### 22. recalls that the safeguards laid down in chapter ii of the apd also apply in the case of large numbers of arrivals; notes with great concern that in these cases , border procedures create further fundamental rights challenges and efficiency concerns , since verifying the exact details of each applicant takes time;


### 24. calls on member states to avoid using border procedures since the objectives of the apd and a fair asylum procedure cannot be guaranteed; calls on member states who nevertheless apply article 43 of the apd to ensure proper implementation in all its aspects; ### 24. calls on member states to avoid using border procedures since the objectives of the apd and a fair asylum procedure cannot be guaranteed; calls on member states who nevertheless apply article 43 of the apd to ensure proper implementation in all its aspects following careful verification;


### 25. calls on the commission to effectively monitor the implementation of the apd and to take action in the event of non-compliance; ### 25. calls on the commission to effectively monitor the implementation of the apd and to take action in the event of non-compliance including launching infringement proceedings where appropriate;


### 12. notes that , according to the court’s report , pursuant to directive 2008/104/ec17 and portuguese labour law , interim workers should work under the same working conditions as workers employed directly by the user undertaking; notes , however , that the contracts did not require the temporary work agencies explicitly to respect those conditions and that there is no evidence that the centre itself carried out any comparison between the working conditions for its own and interim staff , which causes litigation and reputational risks; notes that , according to the centre’s reply , it is reassessing its policy for the use of temporary workers to further nationalise the latter in line with its operating needs and the legal framework; calls on the centre to analyse the working conditions of its interim workers and ensure that they are in line with union and national labour law; ### 12. notes that , according to the court’s report , pursuant to directive 2008/104/ec17 and portuguese labour law , interim workers should work under the same working conditions as workers employed directly by the user undertaking; notes , however , that the contracts did not require the temporary work agencies explicitly to respect those conditions and that there is no evidence that the centre itself carried out any comparison between the working conditions for its own and interim staff , which undermines safe and predictable working conditions for the staff and causes litigation and reputational risks for the centre; notes that , according to the centre’s reply , it is reassessing its policy for the use of temporary workers to further nationalise the latter in line with its operating needs and the legal framework; calls on the centre to analyse the working conditions of its interim workers and ensure that they are in line with union and national labour law;


### 1. upon receipt of the epoc , the addressee shall ensure that the requested data is transmitted directly to the issuing authority or the law enforcement authorities as indicated in the epoc at the latest within 10 days upon receipt of the epoc , unless the issuing authority indicates reasons for earlier disclosure. ### 1. upon receipt of the epoc , the executing authority shall recognise the epoc , when transmitted in accordance with this regulation , without any measure or formality being necessary and ensure its execution in the same way and under the same modalities as if the investigative measure concerned had been ordered by an authority of the executing state , within 10 days upon receipt of the epoc.


### (40) the requested data should be transmitted to the authorities at the latest within 10 days upon receipt of the epoc. shorter time limits should be respected by the provider in emergency cases and if the issuing authority indicates other reasons to depart from the 10 day deadline. in addition to the imminent danger of the deletion of the requested data , such reasons could include circumstances that are related to an ongoing investigation , for example where the requested data is associated to other urgent investigative measures that cannot be conducted without the missing data or are otherwise dependent on it. ### (40) upon receipt of the european production order certificate (epoc) , the executing authority shall recognise the epoc , when transmitted in accordance with this regulation , without any measure or formality being necessary , and ensure its execution in an identical manner and under the same modalities as if the investigative measure concerned had been ordered by an authority of the executing state , within 10 days upon receipt of the epoc. within that period of 10 days , the executing authority should be able to object to the european production order and invoke one of the grounds for non-recognition or non-execution provided for in this regulation , while the service provider should preserve the requested data. where the executing authority objects , it should inform the issuing authority , the service provider and , where applicable , the affected authority of such decision. if the executing authority has not invoked any of the grounds listed in this regulation within that 10 days period , the service provider to which the order is addressed should be required to immediately ensure that the requested data is transmitted directly to the issuing authority or to the law enforcement authorities as indicated in the epoc.


### (42) upon receipt of a european preservation order certificate (‘epoc-pr’) , the service provider should preserve requested data for a maximum of 60 days unless the issuing authority informs the service provider that it has launched the procedure for issuing a subsequent request for production , in which case the preservation should be continued. the 60 day period is calculated to allow for the launch of an official request. this requires that at least some formal steps have been taken , for example by sending a mutual legal assistance request to translation. following receipt of that information , the data should be preserved as long as necessary until the data is produced in the framework of a subsequent request for production. ### (42) upon receipt of a european preservation order certificate (epoc-pr) , the executing authority should recognise the epoc-pr , when transmitted in accordance with this regulation , without any measure or formality being necessary and ensure its execution in the same way and under the same modalities as if the investigative measure concerned had been ordered by an authority of the executing state , within 10 days upon receipt of the epoc-pr. within that 10 days period , the executing authority should be able to object to the european preservation order and invoke one of the grounds for non-recognition or non-execution provided for in this regulation , while the service provider should preserve the requested data. where the executing authority objects , it should inform the issuing authority and the service provider of such decision and the preservation should cease immediately. if the executing authority has not invoked any of the grounds listed in this regulation within that 10 days period , the service provider to which the order is addressed should continue to preserve the data for a 30 days period , renewable once. if the issuing authority confirms within that 30 days period that the subsequent epoc has been issued , the service provider should preserve the data as long as necessary for the execution of the european production order. if the preservation is no longer necessary , the issuing authority should inform the addressees without undue delay.


### (10) ‘content data’ means any stored data in a digital format such as text , voice , videos , images , and sound other than subscriber , access or transactional data; ### (10) ‘content data’ means the content stored , transmitted , distributed or exchanged by means of electronic communications services , such as text , voice , videos , images , and sound; where metadata of other electronic communications services or protocols are stored , transmitted , distributed or exchanged by using the respective services , they are to be considered content data for the respective service;


### 1. takes notes of the decision of the office’s management board of 6 june 2018 to release the previous executive director from his duties with immediate effect; notes the designation of an ad interim executive director on 6 june 2018 and the appointment of a new executive director on 16 june 2019; takes notes of the follow-up report by the office on the observations of parliament for the 2017 financial year , in particular the corrective measures taken by the office’s management board , the ad interim executive director and the new executive director in order to improve the governance structure and efficiency of the office , restore transparency and build trust; supports and appreciates the measures outlined by the 2019 easo governance action plan; notes the positive message and intention for future close cooperation expressed by the new executive director in the public hearing of 4 september 2019; however , recalls the european parliament decision of 23 october 2019 refusing to grant the office’s executive director discharge for the financial year 2017; ### 1. takes notes of the decision of the office’s management board of 6 june 2018 to release the previous executive director from his duties with immediate effect; notes the designation of an ad interim executive director on 6 june 2018 and the appointment of a new executive director on 16 june 2019; welcomes the follow-up report by the office on the observations of parliament for the 2017 financial year , in particular the corrective measures taken by the office’s management board , the ad interim executive director and the new executive director in order to improve the governance structure and efficiency of the office , restore transparency and build trust; supports and appreciates the measures outlined by the 2019 easo governance action plan; notes the positive message and intention for future close cooperation expressed by the new executive director in the public hearing of 4 september 2019; recalls that the european parliament decision of 23 october 2019 refusing to grant the office’s executive director discharge for the financial year 2017 should be understood as a decision relating to the previous management;


### 6. acknowledges the renewed cooperation strategy of the joint easo-frontex management board; moreover; notes that the office plays an active role in the network of agencies in streamlining common actions such as call for the recruitment of confidential counsellors , participation in joint procurement procedures for framework contracts , and staff mobility programmes; ### 6. acknowledges the renewed cooperation strategy of the joint easo-frontex management board; moreover; notes that the office plays an active role in the network of agencies in streamlining common actions such as call for the recruitment of confidential counsellors , participation in joint procurement procedures for framework contracts , and staff mobility programmes; points to the recommendation of the european auditors special report on migration management to ensure complementarity and better coordination between amif and easo;


### 18. notes that the office has taken positive steps in order to improve organisational governance; notes that 30 out of the 61 measures in the action plan were completed , while 31 had an ongoing status at the time of the court’s audit; ### 18. welcomes that the office according to the european court of auditors annual report on eu agencies for the financial year 2018 has taken concrete and positive steps aimed at improving organisational governance; notes that 30 out of the 61 measures in the action plan were completed , while 31 had an ongoing status at the time of the court’s audit;


### 2. notes the conclusion of the court that the payments as a whole for the year ended on 31 december 2018 for administrative expenditure of the edps were free from material error and that the examined supervisory and control systems were effective; notes the court’s request to re-implement the ex post control , which is again in place; ### 2. welcomes the conclusion of the court that the payments as a whole for the year ended on 31 december 2018 for administrative expenditure of the edps were free from material error and that the examined supervisory and control systems were effective; notes the court’s request to re-implement the ex post control , which is again in place;


### 1. notes that in its 2018 annual report , the court of auditors (the ‘court’) , in its report on the european data protection supervisor’s (edps) annual accounts , observed that no serious weaknesses had been identified with respect to the audited topics related to human resources and procurement for the edps; ### 1. notes with satisfaction that in its 2018 annual report , the court of auditors (the ‘court’) , in its report on the european data protection supervisor’s (edps) annual accounts , observed that no serious weaknesses had been identified with respect to the audited topics related to human resources and procurement for the edps;


### 3. notes that the court selected a sample of 45 transactions for the multiannual financial framework heading 5 “administration” of all union institutions and bodies; notes that the sample was designed to be representative of the range of spending under heading 5 , which represents 6 ,3 % of the union budget; notes that the court’s work indicates administrative expenditure as low risk; considers however the amount of transactions selected in relation to the “other institutions” as not sufficient and asks the court to increase the number of transactions to be examined by 10 % at least; ### deleted


### 15. welcomes that the internal rules concerning whistleblowing adopted in 2016 will be updated in order to strengthen the protection of whistleblowers and alleged wrongdoers; notes some protection measures such as a risk assessment and an access limitation to a strict “need to know basis” to the related files; encourages the edps to ask its ethics officer to give a special attention to this issue in the next awareness raising session organised for all staff; notes that edps had no case of whistleblowing so far; ### 15. welcomes that the internal rules concerning whistleblowing adopted in 2016 will be updated in order to strengthen the protection of whistleblowers and alleged wrongdoers; notes some protection measures such as a risk assessment and an access limitation to a strict “need to know basis” to the related files; encourages the edps to ask its ethics officer to give a special attention to this issue in the next awareness raising session organised for all staff; notes with satisfaction that edps had no case of whistleblowing so far;


### 29. welcomes that the edps respects the good example to set a deadline for the submission of the annual activity report on 31 march of the year following the accounting year; welcomes that thus the edps adopted its annual activity report by 26 march 2019 in order to support the request to streamline and speed up the discharge procedure; ### 29. welcomes that the edps respects the good example to set a deadline for the submission of the annual activity report on 31 march of the year following the accounting year; welcomes that thus the edps adopted its annual activity report by 26 march 2019 in order to provide the discharge institution with more time to go in depth and better conduct the discharge procedure;


### article 80 ### deleted


### (32) as part of the council's action plan , credit institutions' data infrastructure would be strengthened by having uniform and standardised data for non-performing credit agreements. the european banking authority has developed data templates that provide information about credit exposures in the banking book and allow potential buyers to evaluate the value of the credit agreements and carry out their due diligence. applying such templates to credit agreements would reduce information asymmetries between potential buyers and sellers of credit agreements and , thus , contribute to the development of a functioning secondary market in the union. the eba should therefore develop the data templates into implementing technical standards and credit institutions should use those standards in order to facilitate the valuation of credit agreements for sale. ### (32) as part of the council's action plan , credit institutions' data infrastructure would be strengthened by having uniform and standardised data for non-performing credit agreements. the european banking authority has developed data templates that provide information about credit exposures in the banking book and allow potential buyers to evaluate the value of the credit agreements and carry out their due diligence. applying such templates to credit agreements would reduce information asymmetries between potential buyers and sellers of credit agreements and , thus , contribute to the development of a functioning secondary market in the union. the eba should therefore develop the data templates into implementing technical standards for credit institutions. in order to comply with the principle of proportionality , those information requirements should be applied to credit institutions in a proportionate manner having regard to their size and complexity. other sellers of credit agreements should be encouraged to use those standards in order to facilitate the valuation of credit agreements for sale.


### this directive lays down a common framework and requirements for: ### this directive applies to non-performing loans with the exception of secured and unsecured credit agreements concluded between creditors and consumers as defined in article 3(a) of directive 2008/48/ec. this directive lays down a common framework and requirements for:


### secured credit agreements concluded between creditors and borrowers who are consumers as defined in point (a) of article 3 of directive 2008/48/ec; ### deleted


### 9. member states shall ensure that where the competent authorities of the host member state have evidence that a credit servicer providing services within its territory , in accordance with article 11 , is in breach of the obligations arising from the national provisions transposing this directive , it shall transmit that evidence to the competent authorities of the home member state and request that they take appropriate measures. ### 9. member states shall ensure that where the competent authorities of the host member state have evidence that a credit servicer providing services within its territory , in accordance with article 11 , is in breach of the requirements laid down in article 5 of this directive , it shall transmit that evidence to the competent authorities of the home member state and request that they take appropriate measures.


### 11. member states shall ensure that where , after having informed the home member state no adequate measures were taken in a reasonable time or despite measures taken by the competent authorities of the home member state or in an urgent case , the credit servicer continues to be in breach of the obligations under this directive , the competent authorities of the host member state are entitled to take appropriate administrative sanctions or penalties and remedial measures in order to ensure compliance with the provisions of this directive within its territory after informing without delay the competent authorities of the home member state. ### 11. member states shall ensure that where , after having informed the home member state no adequate measures were taken in a reasonable time or despite measures taken by the competent authorities of the home member state or in an urgent case , where immediate action is necessary to address a serious threat to the collective interests of the borrowers , given that the credit servicer continues to be in breach of the applicable rules , including its obligations under this directive and other national rules , the competent authorities of the host member state are entitled to take appropriate administrative penalties and remedial measures in order to ensure compliance with the applicable rules after informing without delay the competent authorities of the home member state. in addition , the competent authorities of the host member state may prohibit further activities of such credit servicers in its member state until an adequate decision is taken by the competent authority of the home member state or a remedial measure is taken by the credit servicer.


### 1. eba shall develop draft implementing technical standards that specify the formats to be used by creditors who are credit institutions for the provision of information as set out in article 13(1) , in order to provide detailed information on their credit exposures in the banking book to credit purchasers for the screening , financial due diligence and valuation of the credit agreement. ### 1. eba shall develop draft implementing technical standards that specify the formats to be used by creditors who are credit institutions for the provision of information as set out in article 13(1) , in order to provide detailed information on their credit exposures in the banking book to credit purchasers for the screening , financial due diligence and valuation of the creditor’s rights under a non-performing credit agreement or of the non-performing credit agreement itself. eba shall specify in the implementing technical standards the required data fields for creditor’s rights under a non-performing credit agreement or for the non-performing credit agreement itself in order to meet the information requirements as set out in article 13(1) , which shall be applied to credit institutions in a proportionate manner having regard to their size and complexity.


### 2. member states shall ensure that a credit purchaser is not subject to any additional requirements for the purchase of credit agreements other than as provided for by the national measures transposing this directive. ### 2. member states shall ensure that a credit purchaser is not subject to any additional administrative requirements for the purchase of creditor’s rights under a non-performing credit agreement or the non-performing credit agreements itself other than as provided for by the national measures transposing this directive , the consumer protection law or governing contract law. member states shall ensure that relevant union and national law concerning in particular the enforcement of contracts , consumer protection , borrower's rights , credit origination , bank secrecy rules and criminal law continues to apply to the credit purchaser upon the transfer of the creditor’s rights under a credit agreement or the credit agreement itself to the credit purchaser. the level of protection provided under union and national law to consumers and other borrowers shall not be affected by the transfer of the creditor’s rights under a credit agreement or the credit agreement itself to the credit purchaser.


### — having regard to the treaty on european union (teu) , and in particular articles 2 and 7(1) thereof , ### — having regard to the treaty on european union (teu) , and in particular articles 2 , 4(3) and 7(1) thereof ,


### — having regard to its resolution of 16 january 2020 on ongoing hearings under article 7(1) of the teu regarding poland and hungary2 , ### — having regard to its resolutions of 16 january 2020 and 5 may 2022 on ongoing hearings under article 7(1) of the teu regarding poland and hungary2 ,


### a. whereas the union is founded on the values of respect for human dignity , freedom , democracy , equality , the rule of law and respect for human rights , including the rights of persons belonging to minorities , as set out in article 2 of the treaty on european union (teu) and as reflected in the charter of fundamental rights of the european union and embedded in international human rights treaties , and whereas those values , which are common to the member states and to which all member states have freely subscribed , constitute the foundation of the rights enjoyed by those living in the union; ### a. whereas the union is founded on the values of respect for human dignity , freedom , democracy , equality , the rule of law and respect for human rights , including the rights of persons belonging to minorities , as set out in article 2 of the treaty on european union (teu) and as reflected in the charter of fundamental rights of the european union and embedded in international human rights treaties , and whereas those values , which are common to the member states constitute the foundation of the rights enjoyed by those living in the union;


### article 9 ### (1a) article 9 is deleted.


### member states shall bring into force the laws , regulations and administrative provisions necessary to comply with this directive by [xxyy] [transposition period to be aligned with the application date set by the new anti-money laundering directive for the application of the provisions for interconnecting the centralised automated mechanism] at the latest. they shall forthwith communicate to the commission the text of those provisions. ### member states shall bring into force the laws , regulations and administrative provisions necessary to comply with this directive by [xxyy] [transposition period to be aligned with the application date set by the new anti-money laundering directive for the application of the provisions for interconnecting the centralised automated mechanism] at the latest. they shall forthwith communicate to the commission the text of those provisions. member states shall ensure that the competent authorities implement to good effect the legislative and administrative provisions necessary to comply with this directive and adopted at national level.


### 2. member states shall communicate to the commission the text of the main provisions of national law that they adopt in the field covered by this directive. ### 2. member states shall communicate to the commission the text of the main provisions of national law that they adopt in the field covered by this directive. they shall also communicate to the commission any textual amendments to national provisions relating to this directive.


### a. whereas present-day terrorism and organised crime are becoming increasingly dynamic , complex , globalised , mobile and mainly transnational phenomena , which require a robust response and more effective , coordinated eu cooperation with international law enforcement authorities and bodies such as the international criminal police organization (interpol); whereas the 2020 eu security union strategy calls on the member states to step up cooperation between the eu and interpol , as this is essential to enhancing cooperation and information exchange; ### a. whereas present-day terrorism and organised crime are dynamic , complex , globalised , mobile and often transnational phenomena , requiring a robust response and more effective , coordinated eu cooperation with international law enforcement authorities and bodies such as the international criminal police organization (interpol); whereas the 2020 eu security union strategy calls on the member states to step up cooperation between the eu and interpol , as this is essential to enhancing cooperation and information exchange;


### b. whereas international cooperation is a main component of effective law enforcement and judicial cooperation , especially if it involves the processing and sharing of personal data; whereas bilateral agreements with key partners play an important role in obtaining information and evidence from beyond the eu; ### b. whereas international cooperation is an important component of effective law enforcement and judicial cooperation in certain types of crime , involving the processing and sharing of personal data; whereas the legality of processing of personal data is governed by the union data protection acquis , that also govern the bilateral personal data exchange agreements with key partners , which play an important role in obtaining information and potential evidence from beyond the eu;


### c. whereas interpol is one of the largest inter-governmental criminal police organisations and has an important role to play all over the world; whereas the commission , on behalf of the eu , is seeking reinforced cooperation with interpol , including access to interpol databases and the strengthening of operational and strategic cooperation: whereas it is paramount to ensure that measures are put in place to guarantee the integrity and correctness of data in practice; ### c. whereas interpol is one of the largest inter-governmental criminal police organisations; whereas the commission , on behalf of the eu , is seeking reinforced cooperation with interpol , including access to interpol databases and the strengthening of operational and strategic cooperation: whereas it is paramount to ensure that robust measures are put in place to guarantee the integrity and correctness of the personal data received through such cooperation;


### e. whereas interpol’s 19 databases , which include potentially valuable information , are directly accessible by eu member states as member countries of interpol , while eu agencies such as frontex , the eu agency for criminal justice cooperation (eurojust) and the european public prosecutor’s office (eppo) currently do not have any access to these databases – either directly or on a ‘hit/no hit’ basis – due to the lack of an agreement with interpol , which is required for this purpose under interpol’s rules on the processing of data; ### e. whereas interpol’s 19 databases , which include potentially valuable information , are directly accessible by eu member states as member countries of interpol , while eu agencies such as frontex , the eu agency for criminal justice cooperation (eurojust) and the european public prosecutor’s office (eppo) currently do not have any direct access to these databases– either directly or on a ‘hit/no hit’ basis – due to the lack of an agreement with interpol , which is required for this purpose under interpol’s rules on the processing of data;


### f. whereas current cooperation between the eu and interpol should be stepped up and extended to new areas; whereas procedures should be improved , accelerated and streamlined to address a series of indispensable operational needs in order to facilitate swift access to information related to counter-terrorism including interpol notices containing information on terrorists in order to increase cooperation to counter shared threats such as terrorism , organised crime , cybercrime , child sexual abuse and trafficking in human beings; ### f. whereas current cooperation between the eu and interpol should be stepped up and extended to new areas; whereas procedures should be improved , accelerated and streamlined to address a series of indispensable operational needs in order to facilitate swift access to information related to terrorism , organised crime , cybercrime , child sexual abuse and trafficking in human beings;


### g. whereas the eu is the largest donor of funds to interpol , which are mainly assigned to information exchange , law enforcement , including border management cooperation and capacity building activities , and projects and programmes targeting a range of terrorism and serious crime activities; ### g. whereas the eu is the largest donor of funds to interpol , which are mainly assigned to information exchange in the field of law enforcement , but also include border management cooperation and capacity building activities , and projects and programmes targeting a range of terrorism and serious crime activities;


### h. whereas the new agreement should establish a modern and coherent framework for the eu’s agencies’ cooperation with interpol , taking into account the latest developments in combating terrorism and cross-border , transnational , serious and organised crime; whereas the agreement should respond to current operational needs , as well as to the eu’s latest data protection regime and provide the legal basis for the exchange of operational information and access to relevant interpol databases; ### h. whereas the new agreement should establish a modern and coherent framework for the eu’s agencies’ cooperation with interpol , taking into account , on top of the general requirements of complying with the charter and the union acquis on protection of personal data , the specific data protection requirements and safeguards in the basic acts establishing the eu agencies of it systems , as well as the latest developments in combating terrorism and cross-border , transnational , serious and organised crime; whereas the agreement should respond to operational needs and provide the legal basis for the exchange of operational information and access to relevant interpol databases , with the condition that it would be legally binding and enforceable against all parties to the agreement and that it includes all the necessary data protection safeguards;


### i. whereas interoperability has been a priority since at least , may 2019 , when the framework for interoperability between eu information systems in the area of justice and home affairs was adopted; whereas an advanced and shared data infrastructure is currently in place in the eu for police and judicial cooperation , asylum and migration , as well as borders and visa; whereas this advanced and shared data infrastructure , and the systems and eu databases that constitute it , allows for very limited and highly regulated information sharing with third countries or international organisations; ### i. whereas interoperability framework between eu information systems in the area of justice and home affairs is currently in place in the eu for police and judicial cooperation , asylum and migration , as well as borders and visa; whereas this data infrastructure allows for a limited and highly regulated information sharing with third countries or international organisations;


### j. whereas according to the negotiation mandate the new agreement should regulate cooperation between europol , the eppo , eurojust and frontex and provide direct access by these agencies and member states for the performance of their tasks to two of interpol’s databases - the stolen and lost travel document (sltd) and travel document associated with notices (tdawn) databases via the european search portal (esp) , in compliance with eu data protection requirements and with fundamental rights; ### j. whereas according to the negotiation mandate , the new agreement should regulate cooperation between europol , the eppo , eurojust and frontex with interpol , and provide direct access by these agencies and member states , for the performance of their tasks , to two of interpol’s databases - the stolen and lost travel document (sltd) and travel document associated with notices (tdawn) databases via the european search portal (esp) , in compliance with eu data protection requirements and in full respect of fundamental rights;


### k. whereas international organisations continue to report abuses by some states of interpol’s notice system in order to persecute national human rights defenders , civil society activists and journalists in violation of international standards on human rights; whereas according to reports by international actors , interpol has significantly reformed and strengthened its red notices review processes , as well as its support systems for national central bureaus in member countries , reformed the setup and functioning of the commission for the control of files , enforcing its complaints mechanism , appointed a data protection officer and implemented a learning and knowledge-sharing programme; ### k. whereas international organisations continue to report abuses by some states of interpol’s notice system in order to persecute national human rights defenders , civil society activists , members of the opposition and journalists in violation of international standards on human rights; whereas there are significant challenges with the mechanisms to update information regarding red notices and diffusions , as they sometimes remain in effect in national databases despite having been updated and removed by the general secretariat of interpol; whereas both written sources and interviews with governmental and non-governmental organisations suggest that interpol’s vetting process remains inconsistent;


### l. whereas russia still remains a member of interpol and whereas cooperation with the european union and interpol members is based on trust; whereas trust between parties relies on the swift tackling of misuse of interpol notices by countries seeking to use interpol systems for political ends; whereas , in this context , interpol’s systems must respect human rights and the rule of law , and uphold its commitments on political , religious or military abuse; ### l. whereas russia still remains a member of interpol and whereas cooperation with the european union and interpol members is based on trust; whereas trust between parties relies on the swift tackling of misuse of interpol notices by countries seeking to use interpol systems for political ends; whereas , in this context , interpol’s systems must respect human rights and the rule of law , and prevent any possibility for political , religious or military abuse;


### 1. recalls that european values and fundamental rights must be the basis of european security policies , ensuring respect for the principles of necessity , proportionality and legality and safeguarding accountability and judicial redress , while enabling effective protection of individuals , particularly the most vulnerable; recalls , further , that these principles should be at the core of the development of digitalisation in the area of justice and security and the development of the interoperability framework for the many systems in justice and security , including borders; ### 1. recalls that european values and fundamental rights must be the basis of all european policing and security policies , ensuring respect for the principles of necessity , proportionality , legality and the presumption of innocence , and safeguarding accountability and judicial redress , while enabling effective protection of individuals , particularly the most vulnerable; recalls , further , that these principles should be at the core of the development of digitalisation in the area of justice and security and the development of the interoperability framework for the many systems in justice and security , including borders;


### 3. recommends that the commission ensure access to interpol’s different databases on the basis of the needs and scope of competences of the different eu agencies; recalls that interpol’s databases contain millions of records with information that could directly help to combat appalling crimes , such as child sexual exploitation , on which interpol’s database holds more than 2.7 million images and videos and of which the database has helped identify 23 564 victims worldwide; ### 3. recommends that the commission ensure access to interpol’s different databases on the basis of the needs and strictly according to the scope of competences of the different eu agencies; recalls that whilst interpol’s databases contain millions of records with information that could potentially help to combat crime , there are well documented problems with the accuracy , reliability and origin of the data within those databases;


### 4. recommends that the commission provide during the negotiations on controlled access to interpol’s databases by eu member states and eu agencies the necessary safeguards and guarantees to ensure full compliance with the eu data protection framework and fundamental rights; stresses that the agreement should at least provide the safeguards already provided by the europol regulation; ### 4. recommends that the commission provide , during the negotiations on controlled access to interpol’s databases by eu member states and eu agencies , the necessary safeguards and guarantees to ensure full compliance with the eu data protection acquis and fundamental rights;


### 5. recommends special vigilance during the negotiations due to the sensitivity of the data concerned and to the number of third countries members of interpol , which are not party to an equivalent agreement with the eu or whose authorities to which personal data is intended to be transferred are not covered by a commission adequacy decision; ### 5. recommends special vigilance to be placed on the sensitivity of the personal data included in the various databases , and to the fact that a number of third countries that are members of interpol , are not parties to any agreement with the eu on exchange of personal data , or whose authorities are not covered by a commission adequacy decision;


### 6. recommends the adoption of the safeguards and guarantees needed to authorise the european travel information and authorisation system (etias) central unit established within frontex and eu member states to access interpol’s sltd and tdawn databases via the esp , as well as of the safeguards and guarantees needed to efficiently implement the revised visa information system regulation that authorises eu member states to access interpol’s sltd and tdawn databases via the esp when examining applications for visas or residence permits , in full compliance with eu data protection requirements and with fundamental rights; ### 6. recommends that commission introduces robust safeguards and guarantees needed to ensure compliance with eu data protection requirements and fundamental rights , in order to authorise the european travel information and authorisation system (etias) central unit established within frontex and eu member states to access interpol’s sltd and tdawn databases via the esp , as well as to efficiently implement the revised visa information system regulation that authorises eu member states to access interpol’s sltd and tdawn databases via the esp when examining applications for visas or residence permits;


### 7. recommends that the commission ensure that the level of personal data protection and the protection of individuals’ fundamental rights and freedoms currently guaranteed under eu primary and secondary law is maintained in exchanges of personal data with interpol; the commission’s negotiation strategy should not lead to a weakening of the fundamental rights and freedoms of natural persons , and in particular of their rights to data protection and to privacy; ### 7. requests that the commission ensure that the level of personal data protection and the protection of individuals’ fundamental rights and freedoms , currently guaranteed under eu primary and secondary law , is maintained in exchanges of personal data with interpol; the commission’s negotiation strategy should not lead to a weakening of the fundamental rights and freedoms of natural persons , and in particular of their rights to data protection and to privacy;


### 8. recommends that the commission guarantee that the transfer of personal data is adequate , relevant and limited to what is necessary for the purpose for which it has been transferred; ### 8. recommends that the commission guarantee that the transfer of personal data from interpol is adequate , relevant and strictly limited to what is necessary for the purpose for which it has been transferred and that all necessary safeguards are in place;


### 10. recommends that the commission ensure an oversight system for the use by interpol of personal data collected by consulting eu systems; ### deleted


### 15. recommends that in view of the rules governing access to data and information sharing in the different eu systems and databases , the terms of the future cooperation agreement with interpol should provide the safeguards and guarantees needed to give controlled access to interpol’s databases via the esp by member states and eu agencies as required to carry out their tasks , in line with their access rights and eu or national law covering such access and in full compliance with eu data protection requirements and fundamental rights; ### 15. recommends that in view of the rules governing access to personal data and information sharing in the different eu systems and databases , the terms of the future cooperation agreement with interpol should provide the safeguards and guarantees needed to give controlled access to interpol’s databases via the esp by member states and eu agencies as required to carry out their tasks , in line with their access rights and eu or national law covering such access and in full compliance with eu data protection requirements and fundamental rights;


### 16. recalls that interpol’s databases contain a large volume of data on third country nationals’ travel documents , and that using these databases can minimise information gaps , maximise positive matches and subsequently improve the operational results of the etias and revised visa information system regulation; the cooperation agreement with interpol should provide the required legal basis , including data protection safeguards and guarantees , and authorise the esp to connect directly with interpol databases; therefore the cooperation agreement should also provide scope for establishing a secure connection of the esp and the etias with interpol’s it infrastructure so as to allow access to interpol’s databases; ### 16. recalls that interpol’s databases contain a large volume of data on third country nationals’ travel documents , and that using these databases could minimise information gaps , increase positive matches and subsequently improve the operational results of the etias and revised visa information system regulation; the cooperation agreement with interpol should provide the required legal basis , including data protection safeguards and guarantees , and authorise the esp to connect directly with interpol databases; therefore the cooperation agreement should also provide scope for establishing a secure connection of the esp and the etias with interpol’s it infrastructure so as to allow access to interpol’s databases;


### 18. recalls that according to the eu’s current legislative framework , the transfer of data from the eu to third countries and international organisations is allowed only if the recipients of this information are able to guarantee an adequate level of personal data protection; recommends in this context that in the absence of an adequacy decision on interpol , the agreement should constitute the legal basis allowing the transfer of personal data to interpol , provided that it is legally binding and enforceable against all parties to the agreement and that it includes appropriate data protection safeguards; ### 18. recalls that according to the data protection acquis of the eu , the transfer of personal data from the eu to third countries and international organisations is allowed only if the recipients of this information are able to guarantee an essentially equivalent level of personal data protection; recommends in this context that in the absence of an adequacy decision on interpol , the agreement should constitute the legal basis allowing the transfer of personal data to interpol , provided that it is legally binding and enforceable against all parties to the agreement and that it includes appropriate data protection safeguards;


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


### 25. recommends providing for the possibility of suspending or terminating the agreement in cases of breaches of its provisions on personal data by one of the parties , specifying that personal data falling within the scope of the agreement transferred prior to its suspension or termination may continue to be processed in accordance with the terms of the agreement; ### 25. demands that the agreement provides for the possibility of suspending or terminating the agreement in case of any breach of its provisions on personal data by one of the parties , specifying that personal data falling within the scope of the agreement , transferred prior to its suspension or termination , may continue to be processed in accordance with the terms of the agreement;


### (9) in order to enable eurojust to identify cross-links between cross-border judicial proceedings against suspects of terrorist offences as well as cross-links between judicial proceedings against suspects of terrorist offences and information processed at eurojust relating to other cases of serious crimes , it is essential that eurojust receives sufficient information to enable eurojust to cross-check this data. ### (9) in order to enable eurojust to identify cross-links between cross-border judicial proceedings against suspects of terrorist offences as well as cross-links between judicial proceedings against suspects of terrorist offences and information processed at eurojust relating to other cases of serious crimes , it is essential that eurojust receives , without delay , sufficient information to enable eurojust to cross-check this data.


### (12) for the identification of cross-links between terrorism investigations and judicial proceedings against suspects of terrorist offences , reliable identification data is crucial. due to the uncertainties regarding alphanumerical data especially for third country nationals , it should be possible to exchange biometric data. due to the sensitive nature of biometric data and the impact processing of biometric data has on the respect for private and family life and the protection of personal data , as enshrined in articles 7 and 8 of the charter of fundamental rights of the european union , a strict necessity test should be applied by the competent authorities and eurojust in each case. ### (12) for the identification of cross-links between terrorism investigations and judicial proceedings against suspects of terrorist offences , a dataset that ensures reliable identification and that those data are kept and exchanged is crucial. due to the uncertainties regarding alphanumerical data especially for third country nationals , it should be possible to exchange biometric data , which are the only certain identifiers. due to the sensitive nature of biometric data and the impact processing of biometric data has on the respect for private and family life and the protection of personal data , as enshrined in articles 7 and 8 of the charter of fundamental rights of the european union , such data should be provided in conformity with a strict test for necessity and proportionality for the purposes of identifying the data subject.


### (15) given the sensitive nature of judicial proceedings against suspects of terrorist offences , it is not always possible for the competent national authorities to share the information on terrorist offences at the earliest stage. such derogations from the obligation to provide information should remain an exception. ### (15) where the sharing of information would undermine ongoing investigations or the safety of an individual , or where it would be contrary to the essential interests of the security of the member state concerned , the competent national authorities could choose not to share the information on terrorist offences with eurojust at the earliest stage. such derogations from the obligation to provide information should be applied only in exceptional circumstances and on a case-by-case basis , as eurojust handles the information provided by national authorities in compliance with union law on data protection while also considering the confidentiality of the judicial proceedings brought.


### (21) terrorist activities often affect two or more member states. terrorism already had a strong transnational component in the past. however , with the use and availability of electronic communication , transnational collaboration between terrorist offenders has increased significantly. therefore , terrorist offences should be considered per se transnational in their nature , if the specific circumstances of the case do not clearly indicate a purely national character. ### (21) present-day terrorism and serious and organised crime are very dynamic and globalised phenomena that often affect two or more member states. terrorism already had a strong transnational component in the past. however , with the use and availability of electronic communication , transnational collaboration between terrorist offenders has increased significantly. the transnational nature of a terrorist offence might not be known at the moment at which the case is referred to a judicial authority. it is possible , however , for the transnational character of a terrorist offence to be revealed through cross-checking by eurojust , making a timely exchange of data essential. indeed , the investigation or prosecution of terrorist offences requires coordination and cooperation between prosecuting authorities or a prosecution on common bases , as provided for in article 85 tfeu. information on terrorism cases should be exchanged with eurojust , if the specific circumstances of the case do not clearly indicate a purely national character.


### (22) investigations and prosecutions in terrorism cases are often impeded by the lack of information exchange between national investigation and prosecution authorities. in order to be able to cross check new terrorist investigations also with previous investigations and establish potential links , it is necessary to store the data on any previous investigations , not only on convictions and to extend the time limits for storing data in the european judicial counter-terrorism register. however , it is necessary to ensure that such data is processed for prosecution purposes only. the information may not be used for anything else but identifying links with ongoing investigations and prosecutions and for the support of those investigations and prosecutions. ### (22) investigations and prosecutions in terrorism cases are often impeded by the lack of information exchange between national investigation and prosecution authorities. in order to be able to cross check new terrorist investigations also with previous investigations and establish potential links , it is necessary to ensure that a retention period for data on any previous investigations and convictions is adequate for operational activities. therefore , it is necessary to extend the time limits for storing data in the european judicial counter-terrorism register , as national authorities may not be aware of links and developments relevant to investigations requiring close cooperation , and therefore may not carry out the requisite cross-checking of new investigation data even with previous investigations , which could lead to potential links , even with previous investigations that ended with an acquittal , not emerging. however , it is necessary to ensure that such data is processed for prosecution purposes only. the information may not be used for anything else but identifying links with ongoing investigations and prosecutions and for the support of those investigations and prosecutions.


### — photographs.. ### — photographs and other available biometric data.'.


### in point 1 of annex i , (“states”) the references to kuwait and qatar are deleted. ### in point 1 of annex i , (“states”) the references to kuwait , qatar and ecuador are deleted.


### (2) easy access to data is important in order for decision makers in the economy and society to make sound decisions that serve the efficient functioning of the market. rolling out common european data spaces in crucial sectors , including the financial sector , would serve that purpose. the financial sector is undergoing a digital transformation , which is expected to continue in the coming years , and the union should support that transformation , in particular by promoting data-driven finance. furthermore , putting sustainable finance at the heart of the financial system is a key means to achieving a green transition of the economy of the union. for the green transition to succeed through sustainable finance , it is essential that information related to the sustainability of businesses is easily accessible to investors so that they are better informed when making decisions about investments. for those purposes , public access to entities’ information such as companies , businesses , financial institutions , financial and non-financial information needs to be improved. an efficient means to do so at union level is to establish a centralised platform , a european single access point (“esap”) , giving electronic access to all relevant information. ### (2) easy access to data is important in order for decision makers in the economy and society to make sound decisions that serve the efficient and sustainable functioning of the market. rolling out common european data spaces in crucial sectors , including the financial sector , would serve that purpose. the financial sector is undergoing a digital transformation , which is expected to continue in the coming years , and the union should support that transformation , in particular by promoting data-driven finance. furthermore , putting sustainable finance at the heart of the financial system is a key means to achieving a green transition of the economy of the union. for the green transition to succeed through sustainable finance , it is essential that information related to the sustainability of businesses is easily accessible to investors so that they are better informed when making decisions about investments. for those purposes , public access to entities’ information such as companies , businesses , financial institutions , financial and non-financial information needs to be improved. an efficient means to do so at union level is to establish a centralised platform , a european single access point (“esap”) , giving electronic access to all relevant information.


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


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


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


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


### (13) to promote data-driven innovation in finance , help integrate capital markets in the european union , channel investments into sustainable activities , and bring efficiencies for consumers and businesses , esap should improve access to information that include personal data. esap should , however , only improve access to those personal data that have to be processed pursuant to union law , or that are processed voluntarily provided that there is a lawful ground for such processing pursuant to regulation (eu) 2016/679 of the european parliament and of the council. for any processing of personal data in the context of providing information via esap , the collection bodies , and esma in its capacity as operator of esap , should ensure that regulation (eu) 2016/679 and regulation (eu) 2018/1725 of the european parliament and of the council28 are complied with. ### (13) to promote data-driven innovation in finance , help integrate capital markets in the european union , channel investments into sustainable activities , and bring efficiencies for consumers and businesses , esap should improve access to information that include personal data. esap should , however , only improve access to those personal data that have to be processed pursuant to union law , or that are processed voluntarily provided that there is a lawful ground for such processing pursuant to regulation (eu) 2016/679 of the european parliament and of the council. for any processing of personal data in the context of providing information via esap , the collection bodies , and esma in its capacity as operator of esap , should ensure that regulation (eu) 2016/679 and regulation (eu) 2018/1725 of the european parliament and of the council28 are complied with. submitting entities should be responsible for the processing of personal data on the basis of one of the lawful grounds for processing listed in article 6 , point (1) of regulation (eu) 2016/679 of the european parliament and of the council and for identifying the presence of personal data in the information. information accompanied by a metadata identifying that it contains personal data should not be retained by collection bodies or esap for longer than necessary and in any event for no longer than 5 years , unless otherwise stated in the legal acts in the scope of esap.


### ensure that no personal data are included , except where the personal data constitute a necessary element of the information about its economic activities. ### ensure that no personal data are included , except where the personal data constitute a necessary element of the information about its economic activities that cannot be anonymised.


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


### ensure that no personal data are included , except where the personal data constitute a necessary element of the information about its economic activities. ### ensure that no personal data are included , except where the personal data constitute a necessary element of the information about its economic activities and that data cannot be anonymised.


### the joint committee of the european supervisory authorities shall submit those draft implementing technical standards to the commission by [po: please insert three years after entry into force]. ### the joint committee of the european supervisory authorities shall submit those draft implementing technical standards to the commission by [po: please insert two years after entry into force].


### ensure that the information referred to in article 1(1) remains available to esap for at least 10 years , unless stated otherwise in the legal acts referred to in article 1(1) , point (a). personal data in the information submitted pursuant to article 1(1) shall not be retained and made available for longer than 5 years , unless stated otherwise in the legal acts referred to in article 1(1) , point (a). ### ensure that the information referred to in article 1(1) remains available to esap for at least 10 years , unless stated otherwise in the legal acts referred to in article 1(1) , point (a). personal data in the information submitted pursuant to article 1(1) shall not be retained for longer than necessary and in any case not be made available for longer than 5 years , unless stated otherwise in the legal acts referred to in article 1(1) , point (a).


### ensure that the information referred to in article 1(1) remains available to esap for at least 10 years , unless stated otherwise in the legal acts referred to in article 1(1) , point (a). personal data in the information submitted pursuant to article 1(1) shall not be retained and made available for longer than 5 years , unless stated otherwise in the legal acts referred to in article 1(1) , point (a). ### ensure that the information referred to in article 1(1) remains available to esap for at least 10 years , unless stated otherwise in the legal acts referred to in article 1(1) , point (a). where the metadata accompanying the information submitted pursuant to article 1(1) refers to or contains indicates that the information includes any personal data , such information shall not be retained nor be made available on esap for longer than 5 years , unless stated otherwise in the legal acts referred to in article 1(1) , point (a).


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


### 1. esma shall ensure that access to esap is provided without discrimination. ### 1. in order to promote transparency and the smooth functioning of european capital markets , esma shall ensure that access to esap is provided without discrimination.


### 3. esma shall not store information containing personal data except for automatic , intermediate and transient processing , including storage of that information insofar as strictly necessary for the purpose of giving access to information provided by the collection bodies. ### 3. esma shall ensure that no information containing personal data is stored on esap , unless necessary for facilitating easy and timely access to the information on esap and for implementing the relevant requirements set out in [this regulation]. esma shall take appropriate technical and organisational measures to ensure that personal data processing via esap is carried out in accordance with regulation (eu) 2018/1725 and that information is not retained or made available any longer than provided for in article 5(1) , point (f).


### by [po , please insert a date 5 years after the entry into force of this regulation] , the commission shall review the functioning of esap and assess its effectiveness. the commission shall report to the european parliament and to the council on the results of this review. ### by [po , please insert a date 5 years after the entry into force of this regulation] , the commission shall review the functioning of esap and assess its effectiveness. the review shall be accompanied by an overview of existing data-gaps in the eu and a strategy to address them. the review shall also include an assessment of the impact of this regulation on the market position of private data providers in the eu. the commission shall report to the european parliament and to the council on the results of this review.


### by [po , please insert a date 5 years after the entry into force of this regulation] , the commission shall review the functioning of esap and assess its effectiveness. the commission shall report to the european parliament and to the council on the results of this review. ### by [po , please insert a date 5 years after the entry into force of this regulation] , the commission shall review the functioning of esap and assess its effectiveness. this review shall be accompanied by an overview of existing data-gaps in the eu and a strategy to address them. the review shall also include an assessment of the impact of this regulation on the market position of private data providers in the eu. the commission shall report to the european parliament and to the council on the results of this review.


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


### (12) esap should provide users with access to information for free and without discrimination and should make it possible for those users to search , access and download the information through esap. however , taking into account the need to protect esma from an excessive financial burden in relation to costs incurred for serving the needs of intensive users , if any , esma should have the ability to generate revenues. therefore , by way of derogation from the principle that information should be accessible free of charge , esma should be allowed to impose fees for those specific services , including for services with high maintenance costs due to searches for very large volumes of information or to frequent access to esap. any fees imposed should , however , not exceed the cost of the service provided. ### (12) esap should provide users with access to information for free and without discrimination and should make it possible for those users to search , access and download the information through esap. however , taking into account the need to protect esma from an excessive financial burden in relation to costs incurred for serving the needs of intensive users , if any , esma should have the ability to generate revenues. therefore , by way of derogation from the principle that information should be accessible free of charge , esma should be allowed to impose fees for those specific services , including for services with high maintenance costs due to the extraction of very large volumes of information or to frequent access to esap , when those extractions are intended for a commercial re-use of data. any fees imposed should , however , not exceed the cost incurred for the provision of the service.


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


### (12) esap should provide users with access to information for free and without discrimination and should make it possible for those users to search , access and download the information through esap. however , taking into account the need to protect esma from an excessive financial burden in relation to costs incurred for serving the needs of intensive users , if any , esma should have the ability to generate revenues. therefore , by way of derogation from the principle that information should be accessible free of charge , esma should be allowed to impose fees for those specific services , including for services with high maintenance costs due to searches for very large volumes of information or to frequent access to esap. any fees imposed should , however , not exceed the cost of the service provided. ### (12) esap should provide users with access to information for free and without discrimination and should make it possible for those users to search , access and download the information through esap. however , taking into account the need to protect esma from an excessive financial burden in relation to costs incurred for serving the needs of intensive users , if any , esma should have the ability to generate revenues. therefore , esma should be allowed to impose fees for those specific services , including for services with high maintenance costs due to searches for very large volumes of information or to frequent access to esap. any fees imposed should , however , not exceed the cost of the service provided. entities responding to at least one of the overriding reasons in the public interest as defined in directive (eu) 2018/958 of the european parliament and of the council should always be exempted from such fees.