### competent authorities shall be entitled to publish or make otherwise available to the public information about the rating of individual operators based on the outcome of official controls , provided that the following conditions are met : ### competent authorities shall be entitled to publish or make otherwise available to the public information about the rating of individual operators established on their territory based on the outcome of official controls , provided that the following conditions are met :


### during official controls and other official activities , operators shall assist the staff of the competent authorities in the accomplishment of their tasks . ### during official controls and other official activities , operators shall assist the staff of the competent authorities in the accomplishment of their control tasks .


### primary producers ' installations and other businesses , including their surroundings , premises , offices , equipment , installations and machinery , transport and their animals and goods ; ### operators ' installations , including their surroundings , premises , offices , equipment , installations and machinery , transport and their animals and goods ;


### order the unloading , transfer to another means of transport , holding and care of animals , quarantine periods , the postponement of the slaughter of animals ; ### order the unloading , transfer to another means of transport , holding in suitable accommodation with appropriate care of animals , quarantine periods , the postponement of the slaughter of animals ;


### where such checks are performed on animals they shall be carried out by an official veterinarian or under his supervision . ### where such checks are performed on animals or on products of animal origin , they shall be carried out by an official veterinarian or under his supervision .


### uniform specific requirements for inspections on pesticide application equipment and uniform minimum frequency of such controls ; ### uniform specific requirements for inspections on pesticide application equipment used on a large scale and likely to affect human health and uniform minimum frequency of such controls ;


### where provided for by the rules referred to in article 1 – any other person , who is authorised to sign official certificates by the competent authorities ; ### where provided for by the rules referred to in article 1 – any other person , who is authorised to issue and sign official certificates by the competent authorities ;


### articles 14 , 15 , 16 , 21 , 22 , 23 , 24 and 26 are deleted ; ### articles 14 , 15 , 16 , 21 , 23 , 24 and 26 are deleted ;


### the allowance referred to in point 2 shall be deemed adequate if it guarantees income equivalent to the last monthly salary or an average monthly salary , subject to any ceiling laid down under national legislation . such a ceiling may not be lower than the allowance received by workers within the meaning of article 2 in the event of a break in activity on grounds connected with the worker ' s state of health . the member states may lay down the period over which this average monthly salary is calculated . ### the allowance referred to in point 2 shall be adequate equivalent if it guarantees income equivalent to the last monthly salary or an average monthly salary . workers on maternity leave shall be paid their full salary and the allowance shall be 100% of the last monthly salary or the average monthly salary . the member states may lay down the period over which this average monthly salary is calculated .


### the allowance referred to in point 2 shall be deemed adequate if it guarantees income equivalent to the last monthly salary or an average monthly salary , subject to any ceiling laid down under national legislation . such a ceiling may not be lower than the allowance received by workers within the meaning of article 2 in the event of a break in activity on grounds connected with the worker ' s state of health . the member states may lay down the period over which this average monthly salary is calculated . ### the allowance referred to in point 2 shall be adequate if it guarantees income equivalent to the last monthly salary or an average monthly salary . if the salary is increased during maternity leave , the worker must benefit from all the financial rights . women on maternity leave shall be paid their full salary and the allowance must be 100% of the last monthly salary or the average monthly salary during the compulsory period of leave and not be lower than 85% of the last monthly salary or the average monthly salary during the remaining period of leave . the member states may lay down the period over which this average monthly salary is calculated .


### member states shall take the necessary measures to ensure that additional leave is granted in the case of premature childbirth , children hospitalised at birth , children with disabilities and multiple births . the duration of the additional leave should be proportionate and allow the special needs of the mother and the child / children to be accommodated . ### member states shall take the necessary measures to ensure that additional leave is granted in the case of premature childbirth , children hospitalised at birth , children with disabilities , mothers with disabilities , and multiple births . the duration of the additional leave should be proportionate and allow the special needs of the mother and the child / children to be accommodated .


### the maternity leave stipulated in paragraph 1 shall include compulsory leave of at least six weeks after childbirth . the member states shall take the necessary measures to ensure that workers within the meaning of article 2 are entitled to choose freely the time at which the non - compulsory portion of the maternity leave is taken , before or after childbirth . ### the maternity leave stipulated in paragraph 1 shall include compulsory leave of at least six weeks before and at least six weeks after childbirth . such leave must also be granted in the case of stillbirth also and not interrupted in the case of a neonatal death during leave , provided that the worker produces an attestation of birth drawn up by an obstetrician . the member states shall take the necessary measures to ensure that workers within the meaning of article 2 are entitled to choose freely the time at which the non - compulsory portion of the maternity leave is taken , before or after childbirth .


### onward transfers of personal data by member states , union bodies , third countries and international organizations shall be prohibited unless europol has given its explicit consent . ### onward transfers of personal data by member states , union bodies , third countries and international organizations shall be prohibited unless europol has given its prior explicit consent and the recipient gives an undertaking that the data shall be used solely for the purpose for which they were transmitted .


### all legislative measures implementing the decisions 2009 / 371 / jha and decision 2005 / 681 / jha are repealed with effect from the date of application of this regulation . ### all legislative measures implementing decision 2009 / 371 / jha are repealed with effect from the date of application of this regulation .


### a member state , a union body , a third country or an international organisation providing information to europol determines the purpose for which it shall be processed as referred to in article 24 . if it has not done so , europol shall determine relevance of such information as well as the purpose for which it shall be processed . europol may process information for a different purpose than the one for which information has been provided only if authorised by the data provider . ### a member state , a union body , a third country or an international organisation providing information to europol determines the specific and well defined purpose for which it shall be processed as referred to in article 24 . europol may process information for a different specific and explicit purpose than the one for which information has been provided only if expressly authorised by the data provider , in accordance with its applicable law .


### four deputy executive directors , including one responsible for training , shall assist the executive director . the deputy executive director for training shall be responsible for managing the europol academy and its activities . the executive director shall define the tasks of the others . ### three deputy executive directors shall assist the executive director . the executive director shall define the tasks of the others .


### the transfer of the data is absolutely necessary in the interests of preventing imminent danger associated with crime or terrorist offences ; ### the transfer of the data is absolutely necessary in order to prevent an imminent and serious threat to public security of a member state or a third country , associated with serious crime or terrorist offences ;


### data protection rules at europol should be strengthened and draw on the principles underpinning regulation no 45 / 200132 to ensure a high level of protection of individuals with regard to processing of personal data . as declaration 21 attached to the treaty recognizes the specificity of personal data processing in the law enforcement context , the data protection rules of europol should be autonomous and aligned with other relevant data protection instruments applicable in the area of police cooperation in the union , in particular convention no . 10833 and recommendation no r of the council of europe34 and council framework decision 2008 / 977 / jha on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters35 [ to be replaced by the relevant directive in force at the moment of adoption ] . ### data protection rules at europol should be strengthened and aligned with other relevant data protection instruments applicable to processing of personal data in the area of police cooperation in the european union to ensure a high level of protection of individuals with regard to processing of personal data . while decision 2009 / 371 / jha provides for a robust data protection regime for europol , it should be further elaborated to align europol with the requirements of the lisbon treaty , reflect the growing role of europol , improve the rights of data subjects and further enhance the trust between member states and europol which is necessary for a successful exchange of information . data protection rules at europol should be strengthened and draw on the principles underpinning regulation no 45 / 2001 [ 1 ] to ensure a high level of protection of individuals with regard to processing of personal data , as well as on other data protection principles , including accountability principle , data protection impact assessment , privacy by design and by default and notification of personal data breaches . as soon as the new data protection framework of the eu institutions and bodies will be adopted , it should be applicable to europol . as declaration 21 attached to the treaty acknowledges , the specific nature of the processing of personal data in the law enforcement context proves necessary that specific rules on the protection of personal data and the free movement of such data are established for europol based on article 16 of the treaty on the functioning of the european union and aligned with other relevant data protection instruments applicable in the area of police cooperation in the union , in particular convention no . 108 [ 2 ] and its additional protocol of 8 november 2001 and recommendation no r of the council of europe [ 3 ] and council framework decision 2008 / 977 / jha on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters [ 4 ] [ to be replaced by the relevant directive in force at the moment of adoption ] . transparency is a crucial part of data protection since it enables other data protection principles and rights to be exercised . to enhance transparency , europol should have transparent data protection policies that it should make easily publicly available setting out in an intelligible form and using clear and plain language the provisions regarding the processing of personal data and the means available for the exercise of the rights of data subjects , as well as publish a list of the international and cooperation agreements it has with third countries , union bodies and international organisations .


### the transfer of the data is absolutely necessary in the interests of preventing imminent danger associated with crime or terrorist offences ; ### the transfer of the data is absolutely necessary in the interests of preventing imminent danger associated with serious crime or terrorist offences ;


### a european union agency for law enforcement cooperation and training is hereby established to improve mutual cooperation among law enforcement authorities in the european union , to strengthen and support their actions as well as to deliver a coherent european training policy . ### a european union agency for law enforcement cooperation is hereby established to improve mutual cooperation among law enforcement authorities in the european union and strengthen and support their actions .


### the management board shall adopt the annual work programme the latest by 30 november each year , based on a draft put forward by the executive director , taking into account the opinion of the commission . it shall forward it to the european parliament , the council , the commission and national parliaments . ### the management board shall adopt the annual work programme the latest by 30 november each year , based on a draft put forward by the executive director , taking into account the opinion of the commission and european parliament . it shall forward it to the european parliament , the council , the commission , national parliaments and the european data protection supervisor .


### to ensure operational effectiveness , europol should be able to exchange all information , with the exception of personal data , with other union bodies , law enforcement authorities and law enforcement training institutes of third countries , and international organisations to the extent necessary for the performance of its tasks . since companies , firms , business associations , non - governmental organisations and other private parties hold expertise and data of direct relevance to the prevention and combating of serious crime and terrorism , europol should also be able to exchange such data with private parties . to prevent and combat cybercrime , as related to network and information security incidents , europol should , pursuant to directive [ name of adopted directive ] of the european parliament and of the council concerning measures to ensure a high common level of network and information security across the union , 31 cooperate and exchange information , with the exception of personal data , with national authorities competent for the security of network and information systems . ### to ensure operational effectiveness , europol should be able to exchange all information , with the exception of personal data , with other union bodies , law enforcement authorities and law enforcement training institutes of third countries , and international organisations to the extent necessary for the performance of its tasks . to prevent and combat cybercrime , as related to network and information security incidents , europol should , pursuant to directive [ name of adopted directive ] of the european parliament and of the council concerning measures to ensure a high common level of network and information security across the union , 31 cooperate and exchange information , with the exception of personal data , with national authorities competent for the security of network and information systems .


### europol may retrieve and process information , including personal data , from information systems , of a national , union or international nature , including by means of computerised direct access , in so far as authorised by union , international or national legal instruments . the applicable provisions of such union , international or national legal instruments shall govern the access to and use of that information by europol insofar as they provide for stricter rules on access and use than those of this regulation . the access to such information systems shall be granted only to duly authorised staff of europol as far as this is necessary for the performance of their tasks . ### europol may retrieve and process information , including personal data , from information systems , of a union or international nature , including by means of computerised direct access , in so far as authorised by union or international legal instruments and where the necessity and proportionality of such access for the performance of a task falling under europol ' s mandate can be demonstrated . the applicable provisions of such union or international legal instruments shall govern the access to and use of that information by europol insofar as they provide for stricter rules on access and use than those of this regulation . they shall lay down the objectives of that specific processing , the categories of personal data to be processed , the purposes and means of the processing and the procedure to be followed for the retrieval and further processing of the personal data . the access to such information systems shall be granted only to duly authorised staff of europol as far as this is strictly necessary and proportionate for the performance of its task .


### processing of personal data , by automated or other means , revealing racial or ethnic origin , political opinions , religion or beliefs , trade - union membership and of data concerning health or sex life shall be prohibited , unless it is strictly necessary for preventing or combating crime that falls under europol ' s objectives and if those data supplement other personal data already processed by europol . ### processing of personal data , by automated or other means , revealing racial or ethnic origin , political opinions , religion or beliefs , trade - union membership and of data concerning health or sex life shall be prohibited , unless it is strictly necessary and duly justified for preventing or combating crime that falls under europol ' s objectives and if those data supplement other personal data already processed by europol .


### the commission and the member states should be represented on the management board of europol to effectively supervise its work . to reflect the dual mandate of the new agency , operational support and training for law enforcement , the full members of the management board should be appointed on the basis of their knowledge of law enforcement cooperation , whereas alternate members should be appointed on the basis of their knowledge of training for law enforcement officers . alternate members should act as full members in the absence of the full member and in any case when training is discussed or decided . the management board should be advised by a scientific committee on technical training issues . ### the commission and the member states should be represented on the management board of europol to effectively supervise its work . the members of the management board should be appointed on the basis of their knowledge of law enforcement cooperation .


### adopt a consolidated annual activity report on europol’s activities and send it , by 1 july of the following year , to the european parliament , the council , the commission , the court of auditors and national parliaments . the consolidated annual activity report shall be made public ; ### adopt a consolidated annual activity report on europol’s activities and send it , by 1 july of the following year , to the european parliament , the council , the commission , the court of auditors , national parliaments and the european data - protection supervisor . the consolidated annual activity report shall be made public ;


### europol , as established by this regulation , shall replace and succeed europol as established by decision 2009 / 371 / jha , and cepol as established by decision 2005 / 681 / jha . ### europol , as established by this regulation , shall replace and succeed europol as established by decision 2009 / 371 / jha .


### this would damage the interests of a data subject who requires protection . in such cases , the data shall be used only with the consent of the data subject . ### this would damage the interests of a data subject who requires protection . in such cases , the data shall be used only with the express and written consent of the data subject .


### processing of personal data on victims of a criminal offence , witnesses or other persons who can provide information on criminal offences , or on persons under the age of 18 shall be prohibited unless it is strictly necessary for preventing or combating crime that falls under europol ' s objectives . ### processing of personal data on victims of a criminal offence , witnesses or other persons who can provide information on criminal offences , or on persons under the age of 18 shall be prohibited unless it is strictly necessary and duly justified for preventing or combating crime that falls under europol ' s objectives .


### such transfers do not require any further authorisation . ### the european data protection supervisor shall be informed of such transfers .


### large - scale criminal and terrorist networks pose a significant threat to the internal security of the union and to the safety and livelihood of its citizens . available threat assessments show that criminal groups are becoming increasingly poly - criminal and cross - border in their activities . national law enforcement authorities therefore need to cooperate more closely with their counterparts in other member states . in this context , it is necessary to equip europol to support member states more in union - wide crime prevention , analyses and investigations . this has also been confirmed in the evaluations of decisions 2009 / 371 / jha and 2005 / 681 / jha . ### large - scale criminal and terrorist networks pose a significant threat to the internal security of the union and to the safety and livelihood of its citizens . available threat assessments show that criminal groups are becoming increasingly poly - criminal and cross - border in their activities . national law enforcement authorities therefore need to cooperate more closely with their counterparts in other member states . in this context , it is necessary to equip europol to support member states more in union - wide crime prevention , analyses and investigations . this has also been confirmed in the evaluation of decision 2009 / 371 / jha .


### the transfer is otherwise necessary or legally required on important public interest grounds , or for the establishment , exercise or defence of legal claims ; or ### the transfer is necessary or legally required in an individual case for the establishment , exercise or defence of legal claims relating to the prevention , investigation , detection or prosecution of a specific criminal offence ; or


### the transfer of the data is absolutely necessary in the interests of preventing imminent danger associated with crime or terrorist offences ; ### the transfer of the data is absolutely necessary in order to prevent an imminent and serious threat to public security of a member state or a third country , associated with serious crime or terrorist offences


### personal data relating to different categories of data subjects are processed in the area of police co - operation . europol should make distinctions between personal data of different categories of data subjects as clear as possible . personal data of persons such as victims , witnesses , persons possessing relevant information as well as personal data of minors should in particular be protected . therefore , europol should not process them unless it is strictly necessary for preventing and combating crime within its objectives , and if those data supplement other personal data already processed by europol . ### personal data relating to different categories of data subjects are processed in the area of police co - operation . europol should make distinctions between personal data of different categories of data subjects as clear as possible . personal data of persons such as victims , witnesses , persons possessing relevant information as well as personal data of minors should in particular be protected . therefore , europol should not be allowed to process them .


### a member state , a union body , a third country or an international organisation providing information to europol determines the purpose for which it shall be processed as referred to in article 24 . if it has not done so , europol shall determine relevance of such information as well as the purpose for which it shall be processed . europol may process information for a different purpose than the one for which information has been provided only if authorised by the data provider . ### a member state , a union body , a third country or an international organisation providing information to europol determines the specific and well defined purpose for which it shall be processed as referred to in article 24 . europol may process information for a different specific and explicit purpose than the one for which information has been provided only if expressly authorised by the data provider , in accordance with its applicable law .


### europol should maintain cooperative relations with other union bodies , law enforcement authorities and law enforcement training institutes of third countries , international organisations , and private parties to the extent required for the accomplishment of its tasks . ### europol should maintain cooperative relations with other union bodies , law enforcement authorities of third countries , international organisations , and private parties to the extent required for the accomplishment of its tasks .


### member states shall have indirect access on the basis of a hit / no hit system to information provided for the purposes of article 24 , without prejudice to any restrictions indicated by the member states , union bodies and third countries or international organisations providing the information , in accordance with article 25 . in the case of a hit , europol shall initiate the procedure by which the information that generated the hit may be shared , in accordance with the decision of the member state that provided the information to europol . ### member states shall have indirect access on the basis of a hit / no hit system to information provided for the a specific purpose under article 24 , without prejudice to any restrictions indicated by the member states , union bodies and third countries or international organisations providing the information , in accordance with article 25 . in the case of a hit , europol shall initiate the procedure by which the information that generated the hit may be shared , in accordance with the decision of the member state , union body , third country or international organisation that provided the information to europol and to the extent that the data that generated the hit are necessary for the legitimate performance of their tasks .


### at the same time , europol shall request the national units of the member states concerned established on the basis of article 7 to initiate , conduct or coordinate a criminal investigation . ### at the same time , europol may request the national units of the member states concerned established on the basis of article 7 to initiate , conduct or coordinate a criminal investigation .


### to increase the effectiveness of europol as a hub for information exchange in the union , clear obligations for member states to provide europol with the data necessary for it to fulfil its objectives should be laid down . while implementing such obligations , member states should pay particular attention to providing data relevant for the fight against crimes considered to be strategic and operational priorities within relevant policy instruments of the union . member states should also provide europol with a copy of bilateral and multilateral exchanges of information with other member states on crime falling under europol’s objectives . at the same time , europol should increase the level of its support to member states , so as to enhance mutual cooperation and sharing of information . europol should submit an annual report to all union institutions and to national parliaments on the extent to which individual member states provide it with information . ### to increase the effectiveness of europol as a hub for information exchange in the union , clear obligations for member states to provide europol with the data necessary for it to fulfil its objectives should be laid down . while implementing such obligations , member states must pay particular attention to providing only data relevant for the fight against crimes considered to be strategic and operational priorities within relevant policy instruments of the union . member states should also provide europol with a copy of bilateral and multilateral exchanges of information with other member states on crime falling under europol’s objectives and also indicate the source of this information . at the same time , europol should increase the level of its support to member states , so as to enhance mutual cooperation and sharing of information . europol must submit an annual report to all union institutions and to national parliaments on the extent to which individual member states provide it with information .


### europol , as established by this regulation , shall be the general legal successor in respect of all contracts concluded by , liabilities incumbent on , and properties acquired by europol , as established by decision 2009 / 371 / jha , and cepol , as established under decision 2005 / 681 / jha . ### europol , as established by this regulation , shall be the general legal successor in respect of all contracts concluded by , liabilities incumbent on , and properties acquired by europol , as established by decision 2009 / 371 / jha .


### in so far as necessary for europol to perform its tasks , europol may process personal data originating from private parties on condition that are received via : ### in so far as necessary for europol to perform its tasks , europol may process personal data originating from private parties on condition that they are not received directly from the private parties but only via :


### proposal for a regulation of the european parliament and the council on the european union agency for law enforcement cooperation and training and repealing decisions 2009 / 371 / jha and 2005 / 681 / jha ### proposal for a regulation of the european parliament and the council on the european union agency for law enforcement cooperation and repealing decision 2009 / 371 / jha


### access to european union classified information and sensitive non - classified information shall be in compliance with the basic principles and minimum standards as referred to in article 69 . the details shall be governed by a working arrangement concluded between europol and the european parliament . ### access to european union classified information and sensitive non - classified information shall be in compliance with the rules governing the treatment of confidential information by the european parliament . further details may be governed by a working arrangement concluded between europol and the european parliament .


### data protection rules at europol should be strengthened and draw on the principles underpinning regulation no 45 / 200132 to ensure a high level of protection of individuals with regard to processing of personal data . as declaration 21 attached to the treaty recognizes the specificity of personal data processing in the law enforcement context , the data protection rules of europol should be autonomous and aligned with other relevant data protection instruments applicable in the area of police cooperation in the union , in particular convention no . 10833 and recommendation no r of the council of europe34 and council framework decision 2008 / 977 / jha on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters35 [ to be replaced by the relevant directive in force at the moment of adoption ] . ### data protection rules at europol should be strengthened and aligned with other relevant data protection instruments applicable to processing of personal data in the area of police cooperation in the european union to ensure a high level of protection of individuals with regard to processing of personal data . while decision 2009 / 371 / jha provides for a robust data protection regime for europol , it should be further elaborated to align europol with the requirements of the lisbon treaty , reflect the growing role of europol , improve the rights of data subjects and further enhance the trust between member states and europol which is necessary for a successful exchange of information . data protection rules at europol should be strengthened and draw on the principles underpinning regulation no 45 / 2001 [ 1 ] to ensure a high level of protection of individuals with regard to processing of personal data , as well as on other data protection principles , including accountability principle , data protection impact assessment , privacy by design and by default and notification of personal data breaches . as soon as the new data protection framework of the eu institutions and bodies will be adopted , it should be applicable to europol . as declaration 21 attached to the treaty acknowledges , the specific nature of the processing of personal data in the law enforcement context proves necessary that specific rules on the protection of personal data and the free movement of such data are established for europol based on article 16 of the treaty on the functioning of the european union and aligned with other relevant data protection instruments applicable in the area of police cooperation in the union , in particular convention no . 108 [ 2 ] and its additional protocol of 8 november 2001 and recommendation no r of the council of europe [ 3 ] and council framework decision 2008 / 977 / jha on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters [ 4 ] [ to be replaced by the relevant directive in force at the moment of adoption ] . transparency is a crucial part of data protection since it enables other data protection principles and rights to be exercised . to enhance transparency , europol should have transparent data protection policies that it should make easily publicly available setting out in an intelligible form and using clear and plain language the provisions regarding the processing of personal data and the means available for the exercise of the rights of data subjects , as well as publish a list of the international and cooperation agreements it has with third countries , union bodies and international organisations .


### data protection rules at europol should be strengthened and draw on the principles underpinning regulation no 45 / 200132 to ensure a high level of protection of individuals with regard to processing of personal data . as declaration 21 attached to the treaty recognizes the specificity of personal data processing in the law enforcement context , the data protection rules of europol should be autonomous and aligned with other relevant data protection instruments applicable in the area of police cooperation in the union , in particular convention no . 10833 and recommendation no r of the council of europe34 and council framework decision 2008 / 977 / jha on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters35 [ to be replaced by the relevant directive in force at the moment of adoption ] . ### data protection rules at europol should be strengthened and aligned with other relevant data protection instruments applicable to processing of personal data in the area of police cooperation in the european union to ensure a high level of protection of individuals with regard to processing of personal data . while decision 2009 / 371 / jha provides for an adequate data protection regime for europol , it should be further elaborated to align europol with the requirements of the lisbon treaty , reflect the growing role of europol and improve the rights of data subjects . data protection rules at europol should be strengthened and draw on the principles underpinning regulation no 45 / 200132 to ensure a high level of protection of individuals with regard to processing of personal data , as well as on other data protection principles , including accountability principle , data protection impact assessment , privacy by design and by default and notification of personal data breaches . as soon as the new data protection framework of the eu institutions and bodies will be adopted , it should be applicable to europol . as declaration 21 attached to the treaty acknowledges , the specific nature of the processing of personal data in the law enforcement context proves necessary that specific rules on the protection of personal data and the free movement of such data are established for europol based on article 16 of the treaty on the functioning of the european union and aligned with other relevant data protection instruments applicable in the area of police cooperation in the union , in particular convention no . 10833 and its additional protocol of 8 november 2001 and recommendation no r of the council of europe34 and council framework decision 2008 / 977 / jha on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters35 [ to be replaced by the relevant directive in force at the moment of adoption ] . transparency is a crucial part of data protection since it enables other data protection principles and rights to be exercised . to enhance transparency , europol should have transparent data protection policies that it should make easily publicly available setting out in an intelligible form and using clear and plain language the provisions regarding the processing of personal data and the means available for the exercise of the rights of data subjects , as well as publish a list of the international and cooperation agreements it has with third countries , union bodies and international organisations .


### europol may retrieve and process information , including personal data , from information systems , of a national , union or international nature , including by means of computerised direct access , in so far as authorised by union , international or national legal instruments . the applicable provisions of such union , international or national legal instruments shall govern the access to and use of that information by europol insofar as they provide for stricter rules on access and use than those of this regulation . the access to such information systems shall be granted only to duly authorised staff of europol as far as this is necessary for the performance of their tasks . ### europol may retrieve and process information , including personal data , from information systems , of a union or international nature , including by means of computerised direct access , in so far as authorised by union or international legal instruments and where the necessity and proportionality of such access for the performance of a task falling under europol ' s mandate can be demonstrated . the applicable provisions of such union or international legal instruments shall govern the access to and use of that information by europol insofar as they provide for stricter rules on access and use than those of this regulation . they shall lay down the objectives of that specific processing , the categories of personal data to be processed , the purposes and means of the processing and the procedure to be followed for the retrieval and further processing of the personal data . the access to such information systems shall be granted only to duly authorised staff of europol as far as this is strictly necessary and proportionate for the performance of its task .


### the european data protection supervisor shall draw up an annual report on the supervisory activities on europol . this report shall be part of the annual report of the european data protection supervisor referred to in article 48 of regulation no 45 / 2001 . ### the european data protection supervisor shall draw up an annual report on the supervisory activities on europol . this report shall be part of the annual report of the european data protection supervisor referred to in article 48 of regulation no 45 / 2001 . this report shall include statistical information regarding complaints , inquiries , investigations , the processing of sensitive information , transfers of personal data to third countries and international organisations , prior checking and notifications , and the use of the powers referred to in paragraph 3 . this report shall be sent to the european parliament , the council , the commission and the national data protection authorities . on the basis of this report , the european parliament and the council may request the european data protection supervisor to undertake additional action to ensure the application of the provisions of this regulation .


### a member state , a union body , a third country or an international organisation providing information to europol determines the purpose for which it shall be processed as referred to in article 24 . if it has not done so , europol shall determine relevance of such information as well as the purpose for which it shall be processed . europol may process information for a different purpose than the one for which information has been provided only if authorised by the data provider . ### a member state , a union body , a third country or an international organisation providing information to europol determines the purpose for which it shall be processed as referred to in article 24 . europol may process information for a different purpose than the one for which information has been provided only if explicitly authorised by the data provider .


### ‘ the data subject’s consent’ means any freely given specific and informed indication of his / her wishes by which the data subject signifies his / her agreement to personal data relating to him / her being processed ; ### „ ‘ the data subject’s consent’ means any freely given specific and informed indication of his / her wishes by which the data subject clearly and unambiguously signifies his / her agreement to personal data relating to him / her being processed ; agreement may be withdrawn ;


### no decision which produces legal effects concerning a data subject shall be based solely on automated processing of data referred to in paragraph 2 , unless the decision is expressly authorised pursuant to national or union legislation or , if necessary , by the european data protection supervisor . ### no decision which produces legal effects concerning a data subject shall be based solely on automated processing of data referred to in paragraph 2 , unless the decision is expressly authorised pursuant to national or union legislation or by the european data protection supervisor .


### if data as described in paragraphs 1 , 2 and 3 held by europol have been provided to it by third countries , international organisations , or are the results of europol ' s own analyses , europol shall rectify , erase or block such data . ### if data as described in paragraphs 1 , 2 and 3 held by europol have been provided to it by third countries , international organisations , or are the results of europol ' s own analyses , europol shall rectify , erase or block such data and inform , where relevant , the originators of the data .


### ‘ recipient’ means a natural or legal person , public authority , agency or any other body to whom data are disclosed , whether a third party or not ; however , authorities which may receive data in the framework of a particular inquiry shall not be regarded as recipients ; ### ‘ recipient’ means a natural or legal person , public authority , agency or any other body to whom data are disclosed , whether a third party or not ;


### adequate , relevant , and not excessive in relation to the purposes for which they are processed ; ### adequate , relevant , and limited to the minimum necessary in relation to the purposes for which they are processed ;


### the european data protection supervisor and national supervisory authorities should co - operate with each other on specific issues requiring national involvement and to ensure coherent application of this regulation throughout the union . ### the european data protection supervisor and national supervisory authorities should supervise europol operational data in a coordinated manner to ensure an effective and coherent application of this regulation throughout the union .


### in so far as necessary for the performance of its tasks , europol may establish and maintain cooperative relations with the union bodies in accordance with the objectives of those bodies , the law enforcement authorities of third countries , law enforcement training institutes of third countries , international organisations and private parties . ### in so far as necessary for the performance of its tasks , europol may establish and maintain cooperative relations with the union bodies in accordance with the objectives of those bodies , the law enforcement authorities of third countries , international organisations and private parties .


### ensure adequate follow - up to findings and recommendations stemming from the internal or external audit reports and evaluations , as well as from investigations of the european anti - fraud office ; ### ensure adequate follow - up to findings and recommendations stemming from the internal or external audit reports and evaluations , as well as from investigations of the european anti - fraud office and the european data protection supervisor ;


### to enhance operational cooperation between the agencies , and particularly to establish links between data already in possession of the different agencies , europol should enable eurojust and the european anti - fraud office to have access to and be able to search against data available at europol . ### to enhance operational cooperation between the agencies , europol should agree with eurojust and the european anti - fraud office on cooperation arrangements within their respective mandates , where necessary .


### adopt a consolidated annual activity report on europol’s activities and send it , by 1 july of the following year , to the european parliament , the council , the commission , the court of auditors and national parliaments . the consolidated annual activity report shall be made public ; ### adopt a consolidated annual activity report on europol’s activities and send it , by 1 july of the following year , to the european parliament , the council , the commission , the court of auditors , national parliaments and the european data - protection supervisor . the consolidated annual activity report shall be made public ;


### processed fairly and lawfully ; ### processed fairly and lawfully and in a transparent and verifiable manner in relation to the data subject ;


### information from publicly - available sources shall be assessed by europol using the evaluation codes set out in paragraphs 1 and 2 . ### information from publicly - available sources shall be assessed by europol using the evaluation codes set out in paragraphs 1 and 2 . . where the accuracy of the information and the reliability of its source cannot be corroborated by other reliable sources , europol shall attribute to such information the evaluation code and referred to in paragraphs 1 and 2 .


### adopt rules for the prevention and management of conflicts of interest in respect of its members , as well as members of the scientific committee for training ; ### adopt rules for the prevention and management of conflicts of interest in respect of its members ;


### conduct inquiries either on his / her own initiative or on the basis of a complaint , and inform the data subjects of the outcome within a reasonable period ; ### conduct inquiries either on its own initiative or on the basis of a complaint , and inform the data subjects of the outcome within a reasonable period ;


### the management board should be given the necessary powers , in particular to set the budget , verify its execution , adopt the appropriate financial rules and planning documents , establish transparent working procedures for decision - making by the executive director of europol , and adopt the annual activity report . it should exercise the powers of appointing authority towards staff of the agency including the executive director . to streamline the decision making process , and to reinforce supervision of administrative and budgetary management , the management board should be also entitled to establish an executive board . ### the management board should be given the necessary powers , in particular to set the budget , verify its execution , adopt the appropriate financial rules and planning documents , establish transparent working procedures for decision - making by the executive director of europol , and adopt the annual activity report . it should exercise the powers of appointing authority towards staff of the agency including the executive director .


### four deputy executive directors , including one responsible for training , shall assist the executive director . the deputy executive director for training shall be responsible for managing the europol academy and its activities . the executive director shall define the tasks of the others . ### three deputy executive directors shall assist the executive director . the executive director shall define the tasks of the others .


### data protection rules at europol should be strengthened and draw on the principles underpinning regulation no 45 / 200132 to ensure a high level of protection of individuals with regard to processing of personal data . as declaration 21 attached to the treaty recognizes the specificity of personal data processing in the law enforcement context , the data protection rules of europol should be autonomous and aligned with other relevant data protection instruments applicable in the area of police cooperation in the union , in particular convention no . 10833 and recommendation no r of the council of europe34 and council framework decision 2008 / 977 / jha on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters35 [ to be replaced by the relevant directive in force at the moment of adoption ] . ### data protection rules at europol should be strengthened and aligned with other relevant data protection instruments applicable to processing of personal data in the area of police cooperation in the european union . while decision 2009 / 371 / jha provides for a robust data protection regime for europol , it should be further elaborated to align europol with the requirements of the lisbon treaty , reflect the growing role of europol , improve the rights of data subjects and further enhance the trust between member states and europol which is necessary for a successful exchange of information . data protection rules at europol should be strengthened and draw on the principles underpinning regulation no 45 / 2001 to ensure a high level of protection of individuals with regard to processing of personal data . as declaration 21 attached to the treaty acknowledges , the specific nature of the processing of personal data the law enforcement context proves necessary that specific rules on the protection of personal data and the free movement of such data are established for europol based on article 16 of the treaty on the functioning of the european union and aligned with other relevant data protection instruments applicable in the area of police cooperation in the union , in particular convention no . 108 and its additional protocol of 8 november 2001 and recommendation no r of the council of europe and council framework decision 2008 / 977 / jha on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters [ to be replaced by the relevant directive in force at the moment of adoption ] .


### europol may retrieve and process information , including personal data , from information systems , of a national , union or international nature , including by means of computerised direct access , in so far as authorised by union , international or national legal instruments . the applicable provisions of such union , international or national legal instruments shall govern the access to and use of that information by europol insofar as they provide for stricter rules on access and use than those of this regulation . the access to such information systems shall be granted only to duly authorised staff of europol as far as this is necessary for the performance of their tasks . ### europol may retrieve and process information , including personal data , from information systems , of a union or international nature , including by means of computerised direct access , in so far as authorised by union or international legal instruments and where the necessity and proportionality of such access for the performance of a task falling under europol ' s mandate can be demonstrated . the applicable provisions of such union or international legal instruments shall govern the access to and use of that information by europol insofar as they provide for stricter rules on access and use than those of this regulation . they shall lay down the objectives of that specific processing , the categories of personal data to be processed , the purposes and means of the processing and the procedure to be followed for the retrieval and further processing of the personal data . the access to such information systems shall be granted only to duly authorised staff of europol as far as this is strictly necessary and proportionate for the performance of its task .


### each member state shall establish or designate a national unit which shall be the liaison body between europol and the competent authorities in member states as well as with training institutes for law enforcement officers . each member state shall appoint an official as the head of the national unit . ### each member state shall establish a national unit which shall be the liaison body between europol and the designated competent authorities in member states . each member state shall designate a head of the national unit .


### the source of information originating from a member state shall be assessed as far as possible by the providing member state using the following source evaluation codes : ### the source of information originating from a member state shall be assessed by the providing member state using the following source evaluation codes :


### this regulation replaces and repeals decision 2009 / 371 / jha and decision 2005 / 681 / jha . references to the replaced decisions shall be construed as references to this regulation . ### this regulation replaces and repeals decision 2009 / 371 / jha . references to the replaced decision shall be construed as references to this regulation .


### the ‘ stockholm programme – an open and secure europe serving and protecting citizens’ calls for europol to evolve and become a “hub for information exchange between the law enforcement authorities of the member states , a service provider and a platform for law enforcement services . ” on the basis of an assessment of europol’s functioning , further enhancement of its operational effectiveness is needed to meet this objective . the stockholm programme also sets the aim of creating a genuine european law enforcement culture by setting up european training schemes and exchange programmes for all relevant law enforcement professionals at national and union level . ### the ‘ stockholm programme – an open and secure europe serving and protecting citizens’ calls for europol to evolve and become a “hub for information exchange between the law enforcement authorities of the member states , a service provider and a platform for law enforcement services . ” on the basis of an assessment of europol’s functioning , further enhancement of its operational effectiveness is needed to meet this objective .


### the management board shall adopt the annual work programme the latest by 30 november each year , based on a draft put forward by the executive director , taking into account the opinion of the commission . it shall forward it to the european parliament , the council , the commission and national parliaments . ### the management board shall adopt the annual work programme the latest by 30 november each year , based on a draft put forward by the executive director , taking into account the opinion of the commission and european parliament . it shall forward it to the european parliament , the council , the commission , national parliaments and the european data protection supervisor .


### a member state , a union body , a third country or an international organisation providing information to europol determines the purpose for which it shall be processed as referred to in article 24 . if it has not done so , europol shall determine relevance of such information as well as the purpose for which it shall be processed . europol may process information for a different purpose than the one for which information has been provided only if authorised by the data provider . ### a member state , a union body , a third country or an international organisation providing information to europol determines the specific and well defined purpose for which it shall be processed as referred to in article 24 . europol may process information for a different specific and explicit purpose than the one for which information has been provided only if expressly authorised by the data provider , in accordance with its applicable law .


### personal data relating to different categories of data subjects are processed in the area of police co - operation . europol should make distinctions between personal data of different categories of data subjects as clear as possible . personal data of persons such as victims , witnesses , persons possessing relevant information as well as personal data of minors should in particular be protected . therefore , europol should not process them unless it is strictly necessary for preventing and combating crime within its objectives , and if those data supplement other personal data already processed by europol . ### personal data relating to different categories of data subjects are processed in the area of police co - operation . europol should make distinctions between personal data of different categories of data subjects as clear as possible . personal data of persons such as victims , witnesses , persons possessing relevant information as well as personal data of minors should in particular be protected . therefore , europol should not be allowed to process them .


### data protection rules at europol should be strengthened and draw on the principles underpinning regulation no 45 / 200132 to ensure a high level of protection of individuals with regard to processing of personal data . as declaration 21 attached to the treaty recognizes the specificity of personal data processing in the law enforcement context , the data protection rules of europol should be autonomous and aligned with other relevant data protection instruments applicable in the area of police cooperation in the union , in particular convention no . 10833 and recommendation no r of the council of europe34 and council framework decision 2008 / 977 / jha on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters35 [ to be replaced by the relevant directive in force at the moment of adoption ] . ### data protection rules at europol should be strengthened and aligned with other relevant data protection instruments applicable to processing of personal data in the area of police cooperation in the european union to ensure a high level of protection of individuals with regard to processing of personal data . while decision 2009 / 371 / jha provides for a robust data protection regime for europol , it should be further elaborated to align europol with the requirements of the lisbon treaty , reflect the growing role of europol , improve the rights of data subjects and further enhance the trust between member states and europol which is necessary for a successful exchange of information . data protection rules at europol should be strengthened and draw on the principles underpinning regulation no 45 / 2001 [ 1 ] to ensure a high level of protection of individuals with regard to processing of personal data , as well as on other data protection principles , including accountability principle , data protection impact assessment , privacy by design and by default and notification of personal data breaches . as soon as the new data protection framework of the eu institutions and bodies will be adopted , it should be applicable to europol . as declaration 21 attached to the treaty acknowledges , the specific nature of the processing of personal data in the law enforcement context proves necessary that specific rules on the protection of personal data and the free movement of such data are established for europol based on article 16 of the treaty on the functioning of the european union and aligned with other relevant data protection instruments applicable in the area of police cooperation in the union , in particular convention no . 108 [ 2 ] and its additional protocol of 8 november 2001 and recommendation no r of the council of europe [ 3 ] and council framework decision 2008 / 977 / jha on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters [ 4 ] [ to be replaced by the relevant directive in force at the moment of adoption ] . transparency is a crucial part of data protection since it enables other data protection principles and rights to be exercised . to enhance transparency , europol should have transparent data protection policies that it should make easily publicly available setting out in an intelligible form and using clear and plain language the provisions regarding the processing of personal data and the means available for the exercise of the rights of data subjects , as well as publish a list of the international and cooperation agreements it has with third countries , union bodies and international organisations .


### the executive director shall report to the european parliament on the performance of his / her tasks when invited . the council may invite the executive director to report on the performance of his / her duties . ### the executive director shall report to the european parliament and the national parliaments on the performance of his / her tasks and supply all relevant information thereon during the drawing up of annual work programmes and during the ex post evaluation process , when invited . the council may invite the executive director to report on the performance of his / her duties .


### to ensure operational effectiveness , europol should be able to exchange all information , with the exception of personal data , with other union bodies , law enforcement authorities and law enforcement training institutes of third countries , and international organisations to the extent necessary for the performance of its tasks . since companies , firms , business associations , non - governmental organisations and other private parties hold expertise and data of direct relevance to the prevention and combating of serious crime and terrorism , europol should also be able to exchange such data with private parties . to prevent and combat cybercrime , as related to network and information security incidents , europol should , pursuant to directive [ name of adopted directive ] of the european parliament and of the council concerning measures to ensure a high common level of network and information security across the union , cooperate and exchange information , with the exception of personal data , with national authorities competent for the security of network and information systems . ### to ensure operational effectiveness , europol should be able to exchange all information , with the exception of personal data , with other union bodies , law enforcement authorities of third countries , and international organisations to the extent necessary for the performance of its tasks . since companies , firms , business associations , non - governmental organisations and other private parties hold expertise and data of direct relevance to the prevention and combating of serious crime and terrorism , europol should also be able to exchange such data with private parties . the information should be exchanged only if the national unit or units affected have been informed . in the event that the information to be exchanged relates specifically to a member state or to particular institutions or bodies , the management board should be informed and issue an opinion . to prevent and combat cybercrime , as related to network and information security incidents , europol should , pursuant to directive [ name of adopted directive ] of the european parliament and of the council concerning measures to ensure a high common level of network and information security across the union , cooperate and exchange information , with the exception of personal data , with national authorities competent for the security of network and information systems .


### as crime often occurs across internal borders , europol should support and strengthen member state actions and their cooperation in preventing and combating serious crime affecting two or more member states . as terrorism is one of the most important threats for the security of the union , europol should assist member states in facing common challenges in this regard . as the eu law enforcement agency , europol should also support and strengthen actions and cooperation on tackling forms of crime that affect the interests of the eu . it should also offer support in preventing and combating related criminal offences which are committed in order to procure the means , to facilitate , to carry out or to ensure the impunity of acts in respect of which europol is competent . ### europol should support and strengthen member state actions and their cooperation in preventing and combating serious crime affecting two or more member states . as terrorism presents a threat for the security of the union , europol should assist member states in facing common challenges in this regard . as the eu law enforcement agency , europol should also support and strengthen actions and cooperation on tackling forms of crime that affect the interests of the eu . it should also offer support in preventing and combating related criminal offences which are committed in order to procure the means , to facilitate , to carry out or to ensure the impunity of acts in respect of which europol is competent .


### moreover the management board may , in agreement with the european data protection supervisor , authorise a set of transfers in conformity with points to above , taking into account of the existence of safeguards with respect to the protection of privacy and fundamental rights and freedoms of individuals , for a period not exceeding one year , renewable . ### moreover the management board may , in agreement with the european data protection supervisor and the joint supervisory authority , authorise a set of transfers in conformity with points to above on a case - by - case basis and taking into account of the existence of safeguards with respect to the protection of privacy and fundamental rights and freedoms of individuals , for a period not exceeding one year , renewable .


### europol may retrieve and process information , including personal data , from information systems , of a national , union or international nature , including by means of computerised direct access , in so far as authorised by union , international or national legal instruments . the applicable provisions of such union , international or national legal instruments shall govern the access to and use of that information by europol insofar as they provide for stricter rules on access and use than those of this regulation . the access to such information systems shall be granted only to duly authorised staff of europol as far as this is necessary for the performance of their tasks . ### europol may retrieve and process information , including personal data , from information systems , of a union or international nature , including by means of computerised direct access , in so far as authorised by union , international or national legal instruments and where the necessity and proportionality of such access for the performance of a task falling under europol ' s mandate can be demonstrated . the applicable provisions of such union , international or national legal instruments shall govern the access to and use of that information by europol insofar as they provide for stricter rules on access and use than those of this regulation . they shall lay down the objectives of that specific processing , the categories of personal data to be processed , the purposes and means of the processing and the procedure to be followed for the retrieval and further processing of the personal data . the access to such information systems shall be granted only to duly authorised staff of europol as far as this is strictly necessary and proportionate for the performance of its task .


### decisions 2009 / 371 / jha and 2005 / 681 / jha should therefore be repealed and replaced by this regulation , which draws on the lessons learnt from the implementation of both decisions . europol as established by this regulation should replace and assume the functions of europol and cepol as established by the two repealed decisions . ### decision 2009 / 371 / jha should therefore be repealed and replaced by this regulation , which draws on the lessons learnt from the implementation of the decision . the europol agency as established by this regulation should replace and assume the functions of europol as established by the repealed decision .


### to increase the effectiveness of europol as a hub for information exchange in the union , clear obligations for member states to provide europol with the data necessary for it to fulfil its objectives should be laid down . while implementing such obligations , member states should pay particular attention to providing data relevant for the fight against crimes considered to be strategic and operational priorities within relevant policy instruments of the union . member states should also provide europol with a copy of bilateral and multilateral exchanges of information with other member states on crime falling under europol’s objectives . at the same time , europol should increase the level of its support to member states , so as to enhance mutual cooperation and sharing of information . europol should submit an annual report to all union institutions and to national parliaments on the extent to which individual member states provide it with information . ### to increase the effectiveness of europol as a hub for information exchange in the union , clear obligations for member states to provide europol with the data necessary for it to fulfil its objectives should be laid down . while implementing such obligations , member states must pay particular attention to providing only data relevant for the fight against crimes considered to be strategic and operational priorities within relevant policy instruments of the union . member states should also provide europol with a copy of bilateral and multilateral exchanges of information with other member states on crime falling under europol’s objectives and also indicate the source of this information . at the same time , europol should increase the level of its support to member states , so as to enhance mutual cooperation and sharing of information . europol must submit an annual report to all union institutions and to national parliaments on the extent to which individual member states provide it with information .


### accurate and , where necessary , kept up to date ; every reasonable step must be taken to ensure that personal data that are inaccurate , having regard to the purposes for which they are processed , are erased or rectified without delay ; ### accurate and kept up to date ; every reasonable step must be taken to ensure that personal data that are inaccurate , having regard to the purposes for which they are processed , are erased or rectified without delay ;


### establishment of the european union agency for law enforcement cooperation and training ### establishment of the european union agency for law enforcement cooperation


### the european data protection supervisor shall draw up an annual report on the supervisory activities on europol . this report shall be part of the annual report of the european data protection supervisor referred to in article 48 of regulation no 45 / 2001 . ### the joint supervisory authority shall draw up an annual report on the supervisory activities on europol to be presented to the european parliament , to the council , to the european commission and to national parliaments . .


### a european union agency for law enforcement cooperation and training is hereby established to improve mutual cooperation among law enforcement authorities in the european union , to strengthen and support their actions as well as to deliver a coherent european training policy . ### a european union agency for law enforcement cooperation is hereby established to improve mutual cooperation among law enforcement authorities in the european union and strengthen and support their actions .


### the transfer is otherwise necessary or legally required on important public interest grounds , or for the establishment , exercise or defence of legal claims ; or ### the transfer is necessary or legally required in an individual case for the establishment , exercise or defence of legal claims relating to the prevention , investigation , detection or prosecution of a specific criminal offence ; or


### member states shall have indirect access on the basis of a hit / no hit system to information provided for the purposes of article 24 , without prejudice to any restrictions indicated by the member states , union bodies and third countries or international organisations providing the information , in accordance with article 25 . in the case of a hit , europol shall initiate the procedure by which the information that generated the hit may be shared , in accordance with the decision of the member state that provided the information to europol . ### member states shall have indirect access on the basis of a hit / no hit system to information provided for the a specific purpose under article 24 , without prejudice to any restrictions indicated by the member states , union bodies and third countries or international organisations providing the information , in accordance with article 25 . in the case of a hit , europol shall initiate the procedure by which the information that generated the hit may be shared , in accordance with the decision of the member state , union body , third country or international organisation that provided the information to europol and to the extent that the data that generated the hit are necessary for the legitimate performance of their tasks .


### every significant new factor , material mistake or inaccuracy relating to the information included in the prospectus which is capable of affecting the assessment of the securities and which arises or is noted between the time when the prospectus is approved and the final closing of the offer to the public or , as the case may be , the time when trading on a regulated market begins , whichever occurs earlier , shall be mentioned in a supplement to the prospectus . such a supplement shall be approved in the same way in a maximum of seven working days and published in accordance with at least the same arrangements as were applied when the original prospectus was published . the summary , and any translations thereof , shall also be supplemented , if necessary to take into account the new information included in the supplement . ### every significant new factor , material mistake or inaccuracy relating to the information included in the prospectus which is capable of affecting the assessment of the securities and which arises or is noted between the time when the prospectus is approved and the final closing of the offer to the public or , as the case may be , the time when trading on a regulated market begins , whichever occurs later , shall be mentioned in a supplement to the prospectus . such a supplement shall be approved in the same way in a maximum of seven working days and published in accordance with at least the same arrangements as were applied when the original prospectus was published . the key information document , and any translations thereof , shall also be supplemented , if necessary to take into account the new information included in the supplement .


### a registration document , as referred to in article 5 , previously filed and approved , shall be valid for a period of up to 24 months provided that it has been supplemented in accordance with article 16 . the registration document , supplemented if necessary in accordance with article 16 , accompanied by the securities note and the summary note shall be considered to constitute a valid prospectus . ### a registration document , as referred to in article 5 , previously filed and approved , shall be valid for a period of up to 12 months provided that it has been supplemented in accordance with article 16 . the registration document , supplemented if necessary in accordance with article 16 , accompanied by the securities note and the summary note shall be considered to constitute a valid prospectus .


### every significant new factor , material mistake or inaccuracy relating to the information included in the prospectus which is capable of affecting the assessment of the securities and which arises or is noted between the time when the prospectus is approved and the final closing of the offer to the public or , as the case may be , the time when trading on a regulated market begins , whichever occurs earlier , shall be mentioned in a supplement to the prospectus . such a supplement shall be approved in the same way in a maximum of seven working days and published in accordance with at least the same arrangements as were applied when the original prospectus was published . the summary , and any translations thereof , shall also be supplemented , if necessary to take into account the new information included in the supplement . 2 . investors who have already agreed to purchase or subscribe for the securities before the supplement is published shall have the right , exercisable within two working days after the publication of the supplement , to withdraw their acceptances . this period may be extended by the issuer , the offeror or the person asking for the admission to trading on a regulated market . ### every significant new factor , material mistake or inaccuracy relating to the information included in the prospectus which is capable of affecting the assessment of the securities and which arises or is noted between the time when the prospectus is approved and the final closing of the offer to the public or , as the case may be , the time when trading on a regulated market begins , whichever occurs earlier , shall be mentioned in a supplement to the prospectus . in the event that the final closing of the offer takes place before an admission of the same securities to trade , the issuer may make further use of the existing prospectus and may update it by way of a supplement . such a supplement shall be immediately submitted to the competent authority and published in accordance with at least the same arrangements as were applied when the original prospectus was published . the key information document and any translations thereof , shall also be supplemented , if necessary to take into account the new information included in the supplement . 2 . investors who have already agreed to purchase or subscribe for the securities before the supplement is published shall have the right , exercisable within two working days after the publication of the supplement , to withdraw their acceptances in the event of adverse developments , provided that settlement has not yet taken place . this period may be extended by the issuer , the offeror or the person asking for the admission to trading on a regulated market . the final date of the right of withdrawal shall be stated in the supplement .


### a prospectus shall be valid for 24 months after its publication for offers to the public or admissions to trading on a regulated market , provided that the prospectus is completed by any supplements required pursuant to article 16 . 2 . in the case of an offering programme , the base prospectus , previously filed , shall be valid for a period of up to 24 months . ### a prospectus shall be valid for 12 months after its publication for offers to the public or admissions to trading on a regulated market , provided that the prospectus is completed by any supplements required pursuant to article 16 . 2 . in the case of an offering programme , the base prospectus , previously filed , shall be valid for a period of up to 12 months .


### in order to improve the efficiency of cross border right issues and to adequately take into account the size of issuers , notably credit institutions issuing the securities mentioned in article 1 of directive 2003 / 71 / ec at or above the limit laid down in that article and companies with reduced market capitalization , a proportionate disclosure regime should be introduced for rights issues and for offers of shares of issuers with reduced market capitalization and offers of non - equity securities referred to in article 1 of directive 2003 / 71 / ec issued by credit institutions at or above the limit laid down in that article . ### in order to improve the efficiency of cross border right issues and to adequately take into account the size of issuers , notably credit institutions issuing the securities mentioned in article 1 of directive 2003 / 71 / ec at or above the limit laid down in that article and companies with reduced market capitalization , a proportionate disclosure regime should be introduced for rights issues and for offers of shares of smes referred to in article 2 of directive 2003 / 71 / ec , and issuers with reduced market capitalization and offers of non - equity securities referred to in article 1 of directive 2003 / 71 / ec issued by credit institutions at or above the limit laid down in that article .


### conscious of the potential that diversification offers for small scale coastal fishermen and their crucial role in coastal communities , the emff should help diversification by covering business start - ups and investments for the retrofitting of their vessels , in addition to the relevant training to acquire professional skills in the relevant field outside fishing activities . ### conscious of the potential that professional versatility and diversification , as defined in article 3 , offers for small scale coastal fishermen and their crucial role in coastal communities , the emff should help them to diversify their activities by covering business start - ups and investments for the retrofitting of their vessels , in addition to the relevant training to acquire appropriate professional skills .


### having regard to the treaty on the functioning of the european union , and in particular article 42 , article 43 , article 91 , article 100 , article 173 , article 175 , article 188 , article 192 , article 194 and article 195 thereof , ### having regard to the treaty on the functioning of the european union , and in particular article 42 , article 43 , article 91 , article 100 , article 173 , article 175 , article 188 , article 192 , article 194 , article 195 and article 349 thereof ,


### new forms of income combined with aquaculture activities have already shown their added value for business development . therefore the emff should support these complementary activities outside aquaculture such as angling - tourism , educational or environmental activities . ### new forms of income combined with aquaculture activities have already shown their added value for business development . therefore the emff should support these complementary activities outside aquaculture such as angling - tourism and educational , promotional or environmental activities .


### to ensure that the emff contributes to the achievement of the objectives of the cfp , the imp and the europe 2020 strategy , it is necessary to focus on a limited number of core priorities relating to fostering innovation and knowledge based fisheries and aquaculture , promoting sustainable and resource - efficient fishing and aquaculture , and increasing employment and territorial cohesion by unlocking the growth and job potential of coastal and inland fisheries communities and promoting diversification of fisheries activities into other sectors of the marine economy . ### to ensure that the emff contributes to the achievement of the objectives of the cfp , the imp and the europe 2020 strategy , it is necessary to focus on a limited number of core priorities relating to fostering innovation and knowledge based fisheries and aquaculture , promoting sustainable and resource - efficient fishing and aquaculture , and increasing employment and territorial cohesion by unlocking the growth and job potential of coastal and inland fisheries and aquaculture communities and promoting versatility and diversification of fisheries activities .


### member states shall ensure that schemes provide for coverage of eur 50 000 for each investor in respect of the claims referred to in article 2 or . ### member states shall ensure that schemes provide for coverage of eur 100 000 for each investor in respect of the claims referred to in article 2 or .


### members states which provide for coverage of more than eur 50 000 at the time of adoption of this directive , may maintain that level of coverage for no longer than 3 years from the date for the transposition of this directive . after that date , those member states shall ensure that the level of coverage is eur 50 000 . ### members states which provide for coverage of more than eur 100 000 at the time of adoption of this directive , may maintain that level of coverage for no longer than 3 years from the date for the transposition of this directive . after that date , those member states shall ensure that the level of coverage is eur 100 000 .


### the minimum level of compensation was established in 1997 and has not been modified since then . this level should be increased to eur 50 000 in order to take into account developments in the financial markets and in the union legislative framework . this amount takes into account the effects of inflation in the union and the need to better align the level of compensation with the average value of investments held by retail clients in the member states . in order to increase the protection provided to investors , it is necessary to remove the existing option for member states to limit or exclude from cover funds in currencies other that those of the member states . ### the minimum level of compensation was established in 1997 and has not been modified since then . this level should be increased to eur 100 000 in order to take into account developments in the financial markets and in the union legislative framework . this amount takes into account the effects of inflation in the union and the need to increase consumer protection and better align the level of compensation with the average value of investments held by retail clients in the member states . in order to increase the protection provided to investors , it is necessary to remove the existing option for member states to limit or exclude from cover funds in currencies other that those of the member states .


### the target fund level shall be financed prior to and irrespective of the occurrence of any event relevant under article 2 or . member states shall ensure that the level of funding for each scheme is reached within a ten - year period after the entry into force of this directive and that each scheme adopts and complies with an appropriate planning in order to fulfil this objective . ### the target insurance level shall be financed prior to and irrespective of the occurrence of any event relevant under article 2 or . member states shall ensure that the level of funding for each insurance company is reached within a five year period after the entry into force of this directive and that each insurance company adopts and complies with an appropriate planning in order to fulfil this objective .


### in order to ensure investors receive the compensation provided for under this directive and a comparable level of investor protection across member states , it is necessary to introduce common rules governing the funding of the schemes . the schemes should be financed in proportion to their liabilities . an appropriate level of pre - funding should be ensured and the schemes should have in place adequate arrangements to assess and reach their target funding level prior to the occurrence of any loss event relevant under directive 97 / 9 / ec . a common minimum target fund level should be reached within a ten - year period . ### in order to ensure investors receive the compensation provided for under this directive and a comparable level of investor protection across member states , it is necessary to introduce common rules governing the funding of the schemes . the schemes should be financed in proportion to their liabilities . investment firms and ucits should therefore be obliged to contract with an insurance company ensuring the compensation provided for under this directive . a common minimum target insurance level should be reached within a five - year period .


### the commission shall adopt , by means of delegated acts in accordance with article 13a and subject to the conditions of articles 13b and 13c , measures to determine the method to calculate the value of monies and financial instruments covered by the protection of the investor compensation schemes in order to determine the target fund level to be established by the schemes and to modify the target fund level taking account of the developments in financial markets . ### the commission shall adopt , by means of delegated acts in accordance with article 13a and subject to the conditions of articles 13b and 13c , measures to determine the method to calculate the value of monies and financial instruments covered by the protection of the insurance contracts in order to determine the target insurance level to be established by the insurance companies and to modify the target insurance level taking account of the developments in financial markets .


### member states shall ensure that schemes have in place adequate systems to determine their potential liabilities . member states shall ensure that compensation schemes are adequately financed in proportion to their liabilities . ### member states shall ensure that schemes have in place adequate systems to determine their potential liabilities . member states shall ensure that compensation schemes are adequately financed in proportion to their liabilities . member states should provide esa and esa on a regular basis with relevant information concerning the potential liabilities and the correlated proportional financing .


### – make it easier for inland waterway carriers leaving the industry to obtain an early retirement pension or to transfer to another economic activity , ### – make it easier for inland waterway carriers leaving the industry to obtain an early retirement pension or to transfer to another economic activity by providing comprehensive information , among other measures ,


### – encourage owner - operators to join trade associations and strengthen the organisations representing inland waterway transport at union level , ### – encourage inland waterway transport operators to join trade associations and strengthen the social partners representing inland waterway transport at union level , while guaranteeing that their interests are independently represented at all times ,


### – encourage adaptation of vessels to technical progress in order to improve working conditions and promote safety , ### – encourage adaptation of vessels to technical progress in order to improve working conditions and health protection and promote safety at work ,


### if any payments are made by the customer under the insurance contract after its conclusion , the insurance undertaking or intermediary shall also make the disclosures in accordance with this article for each such payment . ### with the exception of cases where a regular monthly direct debit of the exact same amount has been fully disclosed , including the number of months the direct debit will be debited before the signing of a contract , if any payments are made by the customer under the insurance contract after its conclusion , the insurance undertaking or intermediary shall also make the disclosures in accordance with this article for each such payment . x


### member states shall ensure the setting - up of appropriate , effective , impartial and independent complaints and redress procedures for the out - of - court settlement of disputes between insurance intermediaries and customers , and between insurance undertakings and customers , using existing bodies where appropriate . member states shall further ensure that all insurance undertakings and insurance intermediaries participate in the procedures for the out - of - court settlement of disputes where the following conditions are met : ### member states shall ensure the setting - up of appropriate , effective , impartial and independent complaints and redress procedures for the out - of - court settlement of disputes between insurance intermediaries and customers , and between insurance undertakings and customers , using existing bodies where appropriate .


### if the amount of the commission is based on the achievement of agreed targets or thresholds relating to the business placed by the intermediary with an insurer , the targets or thresholds as well as the amounts payable on the achievement of them . ### commissions based on the achievement of any agreed targets or thresholds relating to the business placed by the intermediary with an insurer are banned .


### ' advice ' means the provision of a recommendation to a customer , either upon their request or at the initiative of the insurance undertaking or the insurance intermediary ; ### ' advice ' means the provision of a personal recommendation to a customer , either upon their request or at the initiative of the insurance undertaking or the insurance intermediary ;


### it gives advice on the basis of a fair analysis , or ### it gives advice on the basis of a fair and independent analysis , or


### insurance products and proposed investment strategies . this should include appropriate guidance on and warnings of the risks associated with investments in those products or in respect of particular investment strategies ; and ### insurance products and proposed investment strategies . this should include appropriate guidance on and warnings of the risks associated with investments in those products or in respect of particular investment strategies including the risk that there may be no return on , or a loss of the initial investment ; and


### the power to adopt delegated acts in accordance with the article 290 of the treaty on the functioning of the european union should be conferred to the commission in respect of measures needed to complement the action of the member states , in very specific and urgent situations , for the transnational aspects of the control of serious cross - border threats to health . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , as far as the urgency of the situation allows it . the commission , when preparing and drawing up delegated acts , should ensure simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council . ### the commission should be given the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union in respect of the adoption of the procedures for coordination , the exchange of information and mutual consultation on preparedness and response planning , the adoption of procedures for the operation of the early warning and response system , the adoption of coordination procedures for the response of member states following an alert notification and the adoption of measures needed to complement the action of the member states , in very specific and urgent situations , for the transnational aspects of the control of serious cross - border threats to health . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , as far as the urgency of the situation allows it . the commission , when preparing and drawing up delegated acts , should ensure the simultaneous , timely and appropriate transmission of all relevant documents to the european parliament and to the council .