### a member state issuing an alert shall , within five years of its entry into sis , review the need to retain it . alerts issued for the purposes of article 36 of this regulation shall be kept for a maximum period of one year . ### a member state issuing an alert shall , within three years of its entry into sis , review the need to retain it . alerts issued for the purposes of article 36 of this regulation shall be kept for a maximum period of one year .


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


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


### the sirene bureaux shall carry out their task in a quick and efficient manner , in particular by replying to a request as soon as possible but not later than 12 hours after the receipt of the request . ### the sirene bureaux shall carry out their task in a quick and efficient manner , in particular by replying to a request as soon as possible but not later than 12 hours after the receipt of the request . in case of alerts for terrorism offences the sirene bureaux shall act immediately .


### dactylographic data may be entered in sis , not related to persons who are subject of the alerts . these dactylographic data shall be either complete or incomplete sets of fingerprints or palm prints discovered at the scenes of crimes under investigation , of serious crime and terrorist offence and where it can be established to a high degree of probability that they belong to the perpetrator of the offence . the dactylographic data in this category shall be stored as “unknown suspect or wanted person” provided that the competent authorities cannot establish the identity of the person by using any other national , european or international database . ### dactylographic data may be entered in sis , not related to persons who are subject of the alerts . these dactylographic data shall be either complete or incomplete sets of fingerprints or palm prints discovered at the scenes of serious crimes or terrorist offences under investigation and where there is other evidence that the dactylographic data belong to the perpetrator of the offence . if the competent authority of the issuing member state cannot establish the identity of the suspect by using any other relevant data base , the dactylographic data in this category may be stored as “unknown suspect or wanted person”


### regulation 2016 / 1624 of the european parliament and of the council56 provides for the purpose of this regulation , that the host member state is to authorise the members of the european border and coast guard teams or teams of staff involved in return - related tasks , deployed by the european border and coast guard agency , to consult european databases , where this consultation is necessary for fulfilling operational aims specified in the operational plan on border checks , border surveillance and return . other relevant union agencies , in particular the european asylum support office and europol , may also deploy experts as part of migration management support teams , who are not members of the staff of those union agencies . the objective of the deployment of the european border and coast guard teams , teams of staff involved in return - related tasks and the migration management support team is to provide for technical and operational reinforcement to the requesting member states , especially to those facing disproportionate migratory challenges . fulfilling the tasks assigned to the european border and coast guard teams , teams of staff involved in return - related tasks and the migration management support team necessitates access to sis via a technical interface of the european border and coast guard agency connecting to central sis . in cases where searches carried out by the team or the teams of staff in sis reveal the existence of an alert issued by a member state , the member of the team or the staff cannot take the required action unless authorised to do so by the host member state . therefore it should inform the member states concerned allowing for follow up of the case . _________________ 56 regulation 2016 / 1624 of the european parliament and of the council of 14 september 2016 on the european border and coast guard and amending regulation 2016 / 399 of the european parliament and of the council and repealing regulation no 863 / 2007 of the european parliament and of the council , council regulation no 2007 / 2004 and council decision 2005 / 267 / ec . ### regulation 2016 / 1624 of the european parliament and of the council provides for the purpose of this regulation , that the host member state is to authorise the members of the european border and coast guard deployed by the european border and coast guard agency , to consult european databases , where this consultation is necessary for fulfilling operational aims specified in the operational plan on border checks , border surveillance and return . other relevant union agencies , in particular the european asylum support office and europol , may also deploy experts as part of migration management support teams , who are not members of the staff of those union agencies . the objective of the deployment of the european border and coast guard teams and the migration management support team is to provide for technical and operational reinforcement to the requesting member states , especially to those facing disproportionate migratory challenges . fulfilling the tasks assigned to the european border and coast guard teams and the migration management support team necessitates access to sis via a technical interface of the european border and coast guard agency connecting to central sis . in cases where searches carried out by the team or the teams of staff in sis reveal the existence of an alert issued by a member state , the member of the team or the staff cannot take the required action unless authorised to do so by the host member state . therefore it should inform the member states concerned allowing for follow up of the case .


### sex ; ### gender ;


### regulation 2016 / 794 provides that europol supports and strengthens actions carried out by the competent authorities of member states and their cooperation in combating terrorism and serious crime and provides analysis and threat assessments . the extension of europol ' s access rights to the sis alerts on missing persons should further improve europol ' s capacity to provide national law enforcement authorities with comprehensive operational and analytical products concerning trafficking in human beings and child sexual exploitation , including online . this would contribute to better prevention of these criminal offences , the protection of potential victims and to the investigation of perpetrators . europol ' s european cybercrime centre would also benefit from new europol access to sis alerts on missing persons , including in cases of travelling sex offenders and child sexual abuse online , where perpetrators often claim that they have access to children or can get access to children who might have been registered as missing . furthermore , since europol ' s european migrant smuggling centre plays a major strategic role in countering the facilitation of irregular migration , it should obtain access to alerts on persons who are refused entry or stay within the territory of a member state either on criminal grounds or because of non - compliance with visa and stay conditions . ### regulation 2016 / 794 provides that europol supports and strengthens actions carried out by the competent authorities of member states and their cooperation in combating terrorism and serious crime and provides analysis and threat assessments . the extension of europol ' s access rights to the sis alerts on missing persons should further improve europol ' s capacity to provide national law enforcement authorities with comprehensive operational and analytical products concerning trafficking in human beings and child sexual exploitation , including online . this would contribute to better prevention of these criminal offences , the protection of potential victims and to the investigation of perpetrators . europol ' s european cybercrime centre would also benefit from new europol access to sis alerts on missing persons , including in cases of travelling sex offenders and child sexual abuse online , where perpetrators often claim that they have access to children or can get access to children who might have been registered as missing .


### the european border and coast guard agency shall , for the purpose of performing its tasks conferred on it by the regulation establishing a european travel information and authorisation system , have the right to access and search data entered in sis , in accordance with articles 26 , 32 , 34 , 36 and 38 and . ### in so far as it is necessary for the purpose of performing any tasks conferred on it by the regulation establishing a european travel information and authorisation system , the etias central unit within the european border and coast guard agency shall have the right to access and search data entered in sis , in accordance with articles 26 , 32 , 34 , 36 and 38 and .


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


### by 31 december 2025 , the commission shall submit a report to the european parliament and to the council regarding : ### by 31 december 2023 , the commission shall submit a report to the european parliament and to the council regarding :


### notwithstanding the requirements in paragraph 3 , manufacturers shall make available to oems the value of the carbon dioxide emissions determined during the eu type - approval process and instruct the oems to communicate this information to the end - user of the machinery where the engine is intended to be installed . ### notwithstanding the requirements in paragraph 3 , manufacturers shall make publically available the value of the carbon dioxide emissions determined during the eu type - approval process and instruct the oems to communicate this information to the end - user of the machinery where the engine is intended to be installed .


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


### the commission shall be empowered to adopt by means of implementing acts the template for the marking referred to in paragraph 1 , including its mandatory essential information . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 54 by [ 31 december 2016 ] . ### the commission shall be empowered to adopt by means of implementing acts the template for the marking , including its mandatory essential information and , where applicable , the additional information referred to in paragraph 3a of this article . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 54 by [ 31 december 2016 ] .


### engines which are in compliance with and covered by the scope of the new rules on emission limits and eu type - approval procedures should be permitted to be placed on the market in the member states ; those engines should not be subject to any other national emission requirement . member state granting approvals should take the necessary verification measures in order to ensure the identification of engines produced under each eu type - approval . ### engines which are in compliance with and covered by the scope of the new rules on emission limits and eu type - approval procedures should be permitted to be placed on the market in the member states ; those engines should not be subject to any other national emission requirement governing their placing on the market . member state granting approvals should take verification and control measures , where circumstances so require , for the import and supply of engines on the union market , so as to ensure that they conform to eu type - approval requirements in each case . this should be without prejudice to the right of member states to encourage or restrict the use of engines placed on the market , provided that the methods chosen are not discriminatory and are objectively justified .


### the communication and cooperation at member state and union level should be enhanced through the establishment of contact points for the screening of foreign direct investments in each member state . ### the communication and cooperation at member state and union level should be enhanced through the establishment of contact points for the screening of foreign direct investments in each member state , which should be coordinated by a central contact point .


### - bearer - negotiable instruments referred to in annex i ; ### - bearer - negotiable instruments ;


### that information should be passed on to the financial intelligence unit of the member state in question . those units are designated as the hub elements in the fight against money - laundering and terrorist financing who receive and process information from various sources such as financial institutions and analyse it in order to determine if there are grounds for further investigation that may not be apparent to the competent authorities who collect the declarations and perform controls under this regulation . ### that information should be passed on to the financial intelligence unit of the member state in question , which should promptly make it available to the financial intelligence units of the other member states . those units are designated as the hub elements in the fight against money - laundering and terrorist financing who receive and process information from various sources such as financial institutions and analyse it in order to determine if there are grounds for further investigation that may not be apparent to the competent authorities who collect the declarations and perform controls under this regulation . in order to further strengthen the cooperation between the financial intelligence units , the commission should assess the adequacy of establishing a union financial intelligence unit , and present a legislative proposal , if appropriate .


### where there are indications that the cash is related to criminal activity which could adversely affect the financial interests of the union , the information referred to in paragraph 1 shall also be transmitted to the commission . ### where there are indications that the cash is related to criminal activity which could adversely affect the financial interests of the union , the information referred to in paragraph 1 shall also be transmitted to the commission and the european public prosecutor’s office .


### - commodities used as highly liquid stores of value referred to in annex i ; ### - commodities used as highly liquid stores of value ;


### the intended recipient of the cash , including full name , address , date and place of birth , and nationality ; ### the intended recipient of the cash , including for natural persons full name , contact details , date and place of birth , identification document number and nationality and for legal persons full name , contact details , registration number or value added tax registration number ;


### the information referred to in paragraph 1 shall be communicated as soon as possible , and no later than one month after the date on which it was collected . ### the information referred to in paragraph 1 shall be communicated as soon as possible , and no later than three working days after the date on which it was collected .


### the administrative decision referred to in paragraph 1 shall be accompanied by a statement of reasons , be communicated to the person affected at the time it is issued , and shall be subject to effective remedy in accordance with procedures provided for in national law . ### the administrative decision referred to in paragraph 1 shall be accompanied by a statement of reasons and communicated at the time it is issued to :


### the competent authorities shall act as controllers of the personal data they obtained in accordance with articles 3 , 4 and 6 . ### the competent authorities shall act as controllers of the personal data they obtained in accordance with articles 3 , 4 , 5 and 6 .


### the controls shall be based primarily on risk analysis , with the purpose of identifying and evaluating the risks and developing the necessary counter - measures , and shall be performed within a common risk management framework in accordance with the criteria laid down pursuant to article 15 . ### the controls shall be based primarily on risk analysis , with the purpose of identifying and evaluating the risks and developing the necessary counter - measures , and shall be performed within a common risk management framework , as defined in article 46 of regulation 952 / 2013 . this framework shall take into account the risk assessment analysis carried out under articles 6 and7 of directive 2015 / 849 .


### the declarant , including full name , address , date and place of birth , and nationality ; ### the declarant , including full name , contact details , date and place of birth , and nationality and identification document number ;


### personal data obtained in accordance with articles 3 , 4 and 6 shall be stored by the competent authorities and the financial intelligence unit for a period of five years after the date on which it was collected . at the expiry of this period it shall be deleted or rendered anonymous . ### in case of a violation against the rules laid down in this regulation personal data obtained in accordance with articles 3 , 4 , 5 , and 6 shall be stored by the competent authorities and the financial intelligence unit only up to three years . if there are indications that the cash is related to a criminal activity , personal data obtained in accordance with articles 3 , 4 , 5 , and 6 shall be stored by the competent authorities and the financial intelligence unit only up to a total of five years . in such case the reasons for this longer storage shall be justified and recorded . if no decision is taken on the continued storage that data shall be erased automatically after three years .


### where they detect amounts of cash below the threshold but there are indications that the cash may be linked to criminal activity as defined in this regulation , competent authorities should be able to record essential information on the persons carrying the cash , such as their identity details and nationality , and details regarding the means of transport used , such as the type of the conveyance , its point of departure and destination . ### where they detect amounts of cash below the threshold but there are indications that the cash may be linked to criminal activity as defined in this regulation , competent authorities should be able to record , in the case of accompanied cash , information on the carrier , the owner and the intended recipient , such as their identity and contact details and nationalities , details concerning the economic provenance and intended use of the cash , and details regarding the means of transport used , such as the type of the conveyance , its point of departure and destination . in the case of unaccompanied cash , the competent authorities should be able to record such information on the sender , owner and intended recipient of the cash .


### the sender of the cash , including the full name , address , date and place of birth and nationality ; ### the sender of the cash , including for natural persons full name , contact details , date and place of birth , identification document number and nationality and for legal persons full name , contact details , registration number or value added tax registration number ;


### in order to ensure uniform application of controls and the efficient processing , transmission and analysis of the declarations by competent authorities , implementing powers should be conferred on the commission to adopt the template of declaration and disclosure forms , to determine the criteria of a common risk management framework , to establish the technical rules and modalities and the template of the forms to be used for the declarations , the information exchange and to establish the rules and the format to be used for the provision of statistical information to the commission . this should include the establishment of appropriate electronic systems . the powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council23 . __________________ 23 regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by the member states of the commission’s exercise of implementing powers . ### while most member states use already a harmonized declaration form , the eu currency declaration from , on a voluntary basis , in order to ensure uniform application of controls and the efficient processing , transmission and analysis of the declarations by competent authorities , implementing powers should be conferred on the commission to adopt the template of declaration and disclosure forms , to establish the technical rules and modalities and the template of the forms to be used for the declarations , for the information exchange between competent authorities and for the interconnection between the information exchange systems used by , respectively , competent authorities and financial investigations units , as well as to establish the rules and the format to be used for the provision of statistical information to the commission . this should include the establishment of appropriate electronic systems . the powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council .


### in view of the risk that the application of directive 91 / 308 / eec would lead to an increase in cash movements for illicit purposes which could pose a threat to the financial system and the internal market , that directive was complemented by regulation no 1889 / 2005 of the european parliament and of the council20 . that regulation aims at preventing and detecting money laundering and the financing of terrorism by laying down a system of controls applicable to natural persons who enter or leave the union carrying amounts of cash or bearer - negotiable instruments equal to or greater than 10 000 eur or its equivalent in other currencies . __________________ 20 regulation no 1889 / 2005 of the european parliament and of the council of 26 october 2005 on controls of cash entering or leaving the community . ### in view of the risk that the application of directive 91 / 308 / eec would lead to an increase in cash movements for illicit purposes which could pose a threat to the financial system and the internal market , that directive was complemented by regulation no 1889 / 2005 of the european parliament and of the council20 . that regulation aims at preventing and detecting money laundering and the financing of terrorism by laying down a system of controls applicable to natural persons who enter or leave the union carrying amounts of cash equal to or greater than 10 000 eur or its equivalent in other currencies . __________________ 20 regulation no 1889 / 2005 of the european parliament and of the council of 26 october 2005 on controls of cash entering or leaving the community .


### each member state shall introduce penalties to apply in the event of failure to comply with the obligation to declare laid down in articles 3 and 4 . such penalties shall be effective , proportionate and dissuasive . ### each member state shall introduce penalties to apply in the event of failure to comply with the obligation to declare or disclose laid down in articles 3 and 4 . such penalties shall be effective , proportionate and dissuasive , and shall therefore be between 20 % and 40 % of the value of the undeclared or wrongfully declared cash or of the wrongfully disclosed cash .


### the owner of the cash , including full name , address , date and place of birth , and nationality ; ### the owner of the cash , including for natural persons full name , contact details , date and place of birth , identification document number and nationality and for legal persons full name , contact details , registration number or value added tax registration number ;


### obligation to declare ### obligation to declare accompanied cash


### the commission shall submit to the european parliament and to the council a report on the application of this regulation five years after its entry into force and every five years thereafter . ### the commission shall , on the basis of the information regularly received from the member states , submit to the european parliament and to the council a report on the application of this regulation three years after its entry into force and every three years thereafter . that report shall evaluate whether the disclosure procedure for unaccompanied cash fits the purpose or whether the introduction of a mandatory declaration would be a more viable option and shall present , if appropriate , a legislative proposal . it shall also evaluate whether other assets should be included within the scope of this regulation .


### ' prepaid card ' means a non - nominal card storing monetary value or funds which can be used for payment transactions , for acquiring goods or services or for redemption of currency and which is not linked to a bank account ; ### ' prepaid card ' means a non - nominal card storing monetary value or funds which can be used for payment transactions , for acquiring goods or services or for redemption of currency and which is not linked to a bank account . such prepaid cards are listed in annex i ;


### prepaid cards are non - nominal cards storing monetary value or funds which can be used for payment transactions , for acquiring goods or services or for redemption of currency and which are not linked to a bank account . they are widely used for a variety of legitimate purposes and some of these instruments also present a clear social interest . as such prepaid cards are easily transferrable and can be used to transfer considerable value across external borders . it is therefore necessary to include prepaid cards in the definition of cash . this will allow for the possibility to extend the measures to certain types of prepaid cards if the evidence justifies it and with due regard to proportionality and practical enforceability . ### prepaid cards are non - nominal cards storing or providing access to monetary value or funds which can be used for payment transactions , for acquiring goods or services or for redemption of currency and which are not linked to a bank account . they are widely used for a variety of legitimate purposes and some of these instruments also present a clear social interest . as such prepaid cards are easily transferrable and can be used to transfer considerable value across external borders . it is therefore necessary to include prepaid cards in the definition of cash . this will allow for the possibility to extend the measures to certain types of prepaid cards if the evidence justifies it and with due regard to proportionality and practical enforceability , in accordance with the available technology .


### ' bearer - negotiable instrument ' means an instrument other than currency which entitles its holder to claim a financial amount upon presentation of the instrument without having to prove his / her identity or entitlement to that amount ; ### ' bearer - negotiable instrument ' means an instrument other than currency which entitles its holder to claim a financial amount upon presentation of the instrument without having to prove his or her identity or entitlement to that amount . such bearer - negotiable instruments are listed in annex i ;


### the information referred to in paragraphs 1 and 2 shall be communicated as soon as possible , and no later than one month after the date on which it was collected . ### the information referred to in points , and of paragraph 1 and paragraph 2 shall be communicated as soon as possible , and no later than three working days after the date on which it was collected ;


### the technical rules for the exchange of information under articles 8 and 9 , including the establishment of an appropriate electronic system ; ### the technical rules for the exchange of information under articles 8 and 9 , via the customs information system , as laid down in article 23 of council regulation no 515 / 971a ; _________________ 1a council regulation no 515 / 97 of 13 march 1997 on mutual assistance between the administrative authorities of the member states and cooperation between the latter and the commission to ensure the correct application of the law on customs and agricultural matters .


### in order to be able to quickly take account of future modifications of international standards such as established by the financial action task force or to address circumvention of this regulation through reliance on liquid stores of value which are not covered by the definition of ' cash ' , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of modifications to that definition . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law - making of 13 april 2016 . 24 in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states ' experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts . __________________ 24 ref . to oj [ l 123 / 1 ] ### in order to be able to quickly take account of future modifications of international standards such as established by the financial action task force or to address circumvention of this regulation through reliance on liquid stores of value which are not covered by the definition of ' cash ' , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of modifications to annex i to this regulation . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law - making of 13 april 2016 . 24 in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states ' experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts . __________________ 24 ref . to oj [ l 123 / 1 ]


### in order to encourage compliance and deter circumvention , member states should introduce penalties for non - compliance with the obligations to declare or disclose . the penalties should apply only to the failure to declare or disclose under this regulation and should not take into account the criminal activity potentially associated with the cash , which may be the object of further investigation and measures falling outside the scope of this regulation . they should be effective , proportionate and dissuasive , and not go beyond what is required to encourage compliance . ### in order to encourage compliance and deter circumvention , member states should introduce penalties for non - compliance with the obligations to declare or disclose . the penalties should apply only to the failure to declare or disclose under this regulation and should not take into account the criminal activity potentially associated with the cash , which may be the object of further investigation and measures falling outside the scope of this regulation . they should be effective , proportionate and dissuasive , and not go beyond what is required to encourage compliance . in order to be effective and avoid the situation whereby criminals choose the member state of entry to or exit from the union according to the level of penalties in force , this regulation should introduce a convergence of national penalties .


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


### - prepaid cards referred to in annex i ; ### - prepaid cards ;


### the administrative decision referred to in paragraph 1 shall be accompanied by a statement of reasons , be communicated to the person affected at the time it is issued , and shall be subject to effective remedy in accordance with procedures provided for in national law . ### the administrative decision referred to in paragraph 1 shall be accompanied by a statement of reasons and communicated at the time it is issued to :


### the recipient or intended recipient of the cash , including the full name , address , date and place of birth and nationality ; ### the recipient or intended recipient of the cash , including for natural persons the full name , contact details , date and place of birth , identification document number and nationality and for legal persons full name , contact details , registration number or value added tax registration number ;


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


### in order to ensure uniform application of controls and the efficient processing , transmission and analysis of the declarations by competent authorities , implementing powers should be conferred on the commission to adopt the template of declaration and disclosure forms , to determine the criteria of a common risk management framework , to establish the technical rules and modalities and the template of the forms to be used for the declarations , the information exchange and to establish the rules and the format to be used for the provision of statistical information to the commission . this should include the establishment of appropriate electronic systems . the powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council23 . __________________ 23 regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by the member states of the commission’s exercise of implementing powers . ### while most member states use already a harmonized declaration form , the eu currency declaration from , on a voluntary basis , in order to ensure uniform application of controls and the efficient processing , transmission and analysis of the declarations by competent authorities , implementing powers should be conferred on the commission to adopt the template of declaration and disclosure forms , to establish the technical rules and modalities and the template of the forms to be used for the declarations , for the information exchange between competent authorities and for the interconnection between the information exchange systems used by , respectively , competent authorities and financial investigations units , as well as to establish the rules and the format to be used for the provision of statistical information to the commission . this should include the establishment of appropriate electronic systems . the powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council .


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


### the personal data obtained in accordance with articles 3 , 4 and 6 shall be accessed only by duly authorised staff of the competent authorities and be adequately protected against unauthorized access or communication . unless otherwise provided for in articles 8 , 9 and 10 , it may not be disclosed or communicated without the express authorisation of the competent authority which originally obtained the information . however , that authorisation shall not be necessary where the competent authorities are required to disclose or communicate that information pursuant to legal provisions in force in the member state in question , particularly in connection with legal proceedings . ### the personal data obtained in accordance with article 3 , 4 , 5 and 6 shall be accessed only by duly authorised staff of the competent authorities and be adequately protected against unauthorized access or communication . unless otherwise provided for in articles 8 , 9 and 10 , it may not be disclosed or communicated without the express authorisation of the competent authority which originally obtained the information . however , that authorisation shall not be necessary where the competent authorities are required to disclose or communicate that information pursuant to legal provisions in force in the member state in question , particularly in connection with legal proceedings .


### personal data obtained in accordance with articles 3 , 4 and 6 shall be stored by the competent authorities and the financial intelligence unit for a period of five years after the date on which it was collected . at the expiry of this period it shall be deleted or rendered anonymous . ### in case of a violation against the rules laid down in this regulation personal data obtained in accordance with articles 3 , 4 , 5 , and 6 shall be stored by the competent authorities and the financial intelligence unit only up to three years . if there are indications that the cash is related to a criminal activity , personal data obtained in accordance with articles 3 , 4 , 5 , and 6 shall be stored by the competent authorities and the financial intelligence unit only up to a total of five years . in such case the reasons for this longer storage shall be justified and recorded . if no decision is taken on the continued storage that data shall be erased automatically after three years .


### the declarant , including full name , address , date and place of birth , and nationality ; ### the carrier , including full name , contact details , date and place of birth , nationality and identification document number ;


### the declarant , including full name , address , date and place of birth , and nationality ; ### the declarant , including full name , contact details , date and place of birth , and nationality and identification document number ;


### the amount and nature of the cash ; ### the nature and the amount or value of the cash ;


### the commission shall submit to the european parliament and to the council a report on the application of this regulation five years after its entry into force and every five years thereafter . ### the commission shall , on the basis of the information regularly received from the member states , submit to the european parliament and to the council a report on the application of this regulation three years after its entry into force and every three years thereafter . that report shall evaluate whether the disclosure procedure for unaccompanied cash fits the purpose or whether the introduction of a mandatory declaration would be a more viable option and shall present , if appropriate , a legislative proposal . it shall also evaluate whether other assets should be included within the scope of this regulation .


### the owner of the cash , including full name , address , date and place of birth , and nationality ; ### the owner of the cash , including for natural persons full name , contact details , date and place of birth , identification document number and nationality and for legal persons full name , contact details , registration number or value added tax registration number ;


### member states shall notify the commission of any communication of information pursuant to paragraph 1 . ### member states shall notify the commission of any communication of information pursuant to paragraph 1 and the commission shall report on a yearly basis to the european parliament on the information communicated .


### ' commodities used as highly liquid stores of value ' means goods that present a high ratio between their value and their volume and that can easily be converted into currency through accessible trading markets whilst incurring only modest transaction costs ; ### ' commodities used as highly liquid stores of value ' means goods that present a high ratio between their value and their volume and that can easily be converted into currency through accessible trading markets whilst incurring only modest transaction costs . such commodities are listed in annex i ;


### one of the key concepts used by this regulation is that of ‘ cash’ , which should be defined as comprising four categories : currency , bearer - negotiable instruments , commodities used as highly liquid stores of value and certain types of prepaid cards . given their characteristics , certain bearer - negotiable instruments , commodities used as highly liquid stores of value , as well as prepaid cards which are not linked to a bank account are likely to be used in place of currency as anonymous means of transfer of value across the external borders which are not traceable using the classic system of supervision by the public authorities . this regulation should lay down the essential components of the definition of ' cash ' while at the same time enabling the commission to amend the non - essential components in response to the efforts by criminals and their associates to circumvent a measure which controls only one type of highly liquid store of value by bringing across external borders another type . if evidence of such behaviour on an appreciable scale is detected , it is essential that measures be taken swiftly to remedy the situation . ### one of the key concepts used by this regulation is that of ‘ cash’ , which should be defined as comprising four categories : currency , bearer - negotiable instruments , commodities used as highly liquid stores of value and certain types of prepaid cards . given their characteristics , certain bearer - negotiable instruments , commodities used as highly liquid stores of value , as well as prepaid cards which are not linked to a bank account are likely to be used in place of currency as anonymous means of transfer of value across the external borders which are not traceable using the classic system of supervision by the public authorities . customs authorities currently face technical difficulties when required to check the amount of money stored on prepaid cards within a short timeframe . this regulation should therefore lay down the essential components of the definition of ' cash ' while at the same time enabling the commission to amend the non - essential components in response to the efforts by criminals and their associates to circumvent a measure which controls only one type of highly liquid store of value by bringing across external borders another type . if evidence of such behaviour on an appreciable scale is detected , it is essential that measures be taken swiftly to remedy the situation . despite the high level of risk posed by virtual currencies as evidenced in the commission’s report of 26 june 2017 on the assessment of the risks of money laundering and terrorist financing affecting the internal market and relating to cross - border activities1a , customs authorities lack sufficient resources to monitor them . _____________ 1a 340 final and swd241 final )


### where there are indications that the cash is related to criminal activity which could adversely affect the financial interests of the union , the information referred to in paragraph 1 shall also be transmitted to the commission . ### where there are indications that the cash is related to criminal activity which could adversely affect the financial interests of the union , the information referred to in paragraph 1 shall also be transmitted to the commission . the commission shall carry out a statistical analysis of the information received and make this available to the public .


### the owner of the cash , including the full name , address , date and place of birth and nationality ; ### the owner of the cash , including for natural persons the full name , contact details , date and place of birth , identification document number and nationality and for legal persons full name , contact details , registration number or value added tax registration number ;


### the intended recipient of the cash , including full name , address , date and place of birth , and nationality ; ### the intended recipient of the cash , including for natural persons full name , contact details , date and place of birth , identification document number and nationality and for legal persons full name , contact details , registration number or value added tax registration number ;


### without prejudice to the limitation referred to in paragraph 4 , union certificates of qualification for boatmasters shall be valid up to a maximum of 10 years . ### without prejudice to the limitation referred to in paragraph 4 , union certificates of qualification for boatmasters shall be valid up to a maximum of 15 years .


### with a view to further reducing administrative burden whilst rendering the documents less prone to tampering , the commission should as a second step , after the adoption of this directive , examine the possibility of introducing an electronic version of service record books and logbooks , as well as electronic professional cards incorporating union certificates of qualifications . in doing so , the commission should take existing technologies in other modes of transport into account , in particular road transport . after conducting an impact assessment including of cost - benefit and of the impacts on the fundamental rights , in particular in relation to the protection of personal data , the commission should present , if appropriate , a proposal to the european parliament and the council . ### with a view to further reducing the administrative burden whilst rendering the documents less prone to being tampered with , the commission should as a second step , and without delay , after the adoption of this directive , examine the possibility of replacing the paper version of union certificates of qualification , service record books and logbooks by new electronic tools such as electronic professional cards and electronic vessel units . in doing so , the commission should take existing technologies in other modes of transport into account , in particular road transport . after conducting an impact assessment including of cost - benefit and of the impacts on the fundamental rights , in particular in relation to the protection of personal data , the commission should present , if appropriate , a proposal to the european parliament and the council .


### the presence of a specific local traffic regulation not part of the european code for navigation on inland waterways justified by specific hydro - morphological features . ### the presence of a specific local traffic regulation not based upon the european code for navigation on inland waterways justified by specific hydro - morphological features .


### those means may consist of a limited number of journeys to be carried out on the stretch concerned , a simulator examination , a multiple choice examination or a combination thereof . ### taking into account the competences required for the specific risk , those means may consist of a limited number of journeys to be carried out on the stretch concerned , a simulator examination where available , a multiple choice examination or a combination thereof .


### ‘ boatmaster’ means a deck crew member qualified to sail a vessel on the member states’ inland waterways and who has nautical responsibility for the vessel ; ### ‘ boatmaster’ means a deck crew member qualified to sail a vessel on the member states’ inland waterways and who has nautical responsibility for the vessel , the crew and the cargo ;


### - plan a journey and conduct navigation on inland waterways , which includes to be able to choose the most logical , economical and ecological sailing route to reach the loading and unloading destinations , taking into account the most efficient sailing time schedule according to actual circumstances ; ### - plan a journey and conduct navigation on inland waterways , which includes to be able to choose the most logical , economic and ecological sailing route to reach the loading and unloading destinations taking into account cevni and applicable traffic regulations .


### to further facilitate mobility for boatmasters , all member states should be allowed , where practicable , to assess the necessary competence for addressing specific risks for navigation for all inland waterway stretches in the union where such risks are identified . ### to further facilitate mobility for boatmasters , all member states should , subject to the agreement of the member state where the stretch is located , be allowed to assess the competences necessary for navigating on a stretch with specific risks .


### ‘ logbook’ means an official record of the journeys made by a vessel ; ### ‘ logbook’ means an official record of the journeys made by a vessel and its crew ;


### the commission shall adopt implementing acts establishing models for service record books and logbooks . those implementing acts shall be adopted in accordance with the advisory procedure pursuant to article 30 , taking into account the information required for the implementation of this directive as regards the identification of the person , their navigation time and the journeys carried out . when adopting those models , the commission shall take into consideration that the logbook is also used for the implementation of council directive 2014 / 112 / eu19 for verifying manning requirements and recording journeys of the vessels and may make a reference to standards established by an international body . __________________ 19 council directive 2014 / 112 / eu of 19 december 2014 implementing the european agreement concerning certain aspects of the organisation of working time in inland waterway transport , concluded by the european barge union , the european skippers organisation and the european transport workers’ federation . ### the commission shall adopt implementing acts establishing models for service record books and logbooks . those implementing acts shall be adopted in accordance with the advisory procedure pursuant to article 30 , taking into account the information required for the implementation of this directive as regards the identification of the person , their navigation time and the journeys carried out . when adopting those models , the commission shall take into consideration that the logbook is also used for the implementation of council directive 2014 / 112 / eu19 for verifying manning requirements and recording journeys of the craft . when adopting those models , the commission shall make end keep up - to - date a reference to standards established by cesni and set the date of application provided that those standards are available and up - to - date ; union interests are not compromised by changes in the decision - making process of cesni . where these conditions are not met , the commission may provide for or refer to other standards . __________________ 19 council directive 2014 / 112 / eu of 19 december 2014 implementing the european agreement concerning certain aspects of the organisation of working time in inland waterway transport , concluded by the european barge union , the european skippers organisation and the european transport workers’ federation .


### with a view to further reducing administrative burden whilst rendering the documents less prone to tampering , the commission should as a second step , after the adoption of this directive , examine the possibility of introducing an electronic version of service record books and logbooks , as well as electronic professional cards incorporating union certificates of qualifications . in doing so , the commission should take existing technologies in other modes of transport into account , in particular road transport . after conducting an impact assessment including of cost - benefit and of the impacts on the fundamental rights , in particular in relation to the protection of personal data , the commission should present , if appropriate , a proposal to the european parliament and the council . ### with a view to further reducing the administrative burden whilst rendering the documents less prone to tampering , the european parliament calls on the commission to adopt a suitable legal framework for the introduction of an electronic version of service record books and logbooks , as well as electronic professional cards incorporating union certificates of qualifications . in doing so , the commission should take existing technologies in other modes of transport into account , in particular road transport . tamper - proof equipment should also be provided for the electronic recording of working hours and duties performed by all crew members .


### ‘ boatmaster’ means a deck crew member qualified to sail a vessel on the member states’ inland waterways and who has nautical responsibility for the vessel ; ### ‘ boatmaster’ means a deck crew member qualified to sail a vessel on the member states’ inland waterways and who has full responsibility for the vessel , the crew and the cargo ;


### with a view to contributing to the mobility of persons involved in the operation of vessels across the union and considering that all certificates of qualification , service record books and logbooks issued in accordance with this directive should comply with minimum standards , member states should recognise the professional qualifications certified in accordance with this directive . consequently the holders of such qualifications should be able to exercise their profession on all union inland waterways . ### with a view to contributing to the mobility of persons involved in the operation of vessels across the union and considering that all certificates of qualification , service record books and logbooks issued in accordance with this directive should comply with high standards in accordance with harmonised criteria , member states should recognise the professional qualifications certified in accordance with this directive . consequently the holders of such qualifications should be able to exercise their profession on all union inland waterways .


### with a view to further reducing administrative burden whilst rendering the documents less prone to tampering , the commission should as a second step , after the adoption of this directive , examine the possibility of introducing an electronic version of service record books and logbooks , as well as electronic professional cards incorporating union certificates of qualifications . in doing so , the commission should take existing technologies in other modes of transport into account , in particular road transport . after conducting an impact assessment including of cost - benefit and of the impacts on the fundamental rights , in particular in relation to the protection of personal data , the commission should present , if appropriate , a proposal to the european parliament and the council . ### council directive 2014 / 112 / eu1a and this directive represent the first two steps in establishing a coherent and modern legislative framework at union level as regards the inland waterway transport labour market . with a view to further reducing administrative burden whilst rendering the documents less prone to tampering , the commission should as a second step , after the adoption of this directive , begin the process of introducing electronic versions of service record books and logbooks , as well as union certificates of qualifications . in doing so , the commission should take into account existing technologies in other modes of transport . in addition , existing crewing requirements should be modernised in order to come to a harmonised , transparent , flexible and sustainable crewing system in the union . after conducting impact assessments including of cost - benefit and of the impacts on the fundamental rights , in particular in relation to the protection of personal data , the commission should present appropriate proposals for those initiatives . __________________ 1a council directive 2014 / 112 / eu of 19 december 2014 implementing the european agreement concerning certain aspects of the organisation of working time in inland waterway transport , concluded by the european barge union , the european skippers organisation and the european transport workers ' federation text with eea relevance


### when necessary for ensuring safety of navigation , member states may identify stretches of inland waterways with specific risks , except for inland waterways of a maritime character referred to in article 7 , where such risks are due to : ### when necessary for ensuring safety of navigation , member states shall identify stretches of inland waterways with specific risks , except for inland waterways of a maritime character referred to in article 7 , where such risks are due to :


### the commission shall adopt implementing acts establishing models for union certificates of qualification . those implementing acts shall be adopted in accordance with the advisory procedure referred to in article 30 . when adopting those acts the commission may make a reference to standards established by an international body . ### the commission shall adopt implementing acts establishing models for union certificates of qualification . those implementing acts shall be adopted in accordance with the advisory procedure referred to in article 30 . when adopting those acts the commission shall make and keep up - to - date a reference to standards established by cesni and set the date of application provided that those standards are available and up - to - date ; union interests are not compromised by changes in the decision - making process of cesni . where these conditions are not met , the commission may provide for or refer to other standards .


### - ensure good communication at all times , which includes the use of standardised communication phrases in situations with communication problems ; ### - ensure good communication at all times , which includes the use of standardised communication phrases in situations with communication problems , in a similar vein to the requirements stipulated in directive 2008 / 106 , where english goes together with other languages .


### to further facilitate mobility for boatmasters , all member states should be allowed , where practicable , to assess the necessary competence for addressing specific risks for navigation for all inland waterway stretches in the union where such risks are identified . ### to further facilitate mobility for boatmasters , all member states should be allowed to assess the competence necessary for navigating on a stretch in the union where specific risks are identified .


### ‘ large convoy’ means a pushed convoy composed of the pusher and seven or more barges ; ### ‘ large convoy’ means a pushed convoy for which the product of the total length and the total width is 4000 square meters or more ;


### the commission shall adopt implementing acts establishing models for service record books and logbooks . those implementing acts shall be adopted in accordance with the advisory procedure pursuant to article 30 , taking into account the information required for the implementation of this directive as regards the identification of the person , their navigation time and the journeys carried out . when adopting those models , the commission shall take into consideration that the logbook is also used for the implementation of council directive 2014 / 112 / eu for verifying manning requirements and recording journeys of the vessels and may make a reference to standards established by an international body . __________________ 19 council directive 2014 / 112 / eu of 19 december 2014 implementing the european agreement concerning certain aspects of the organisation of working time in inland waterway transport , concluded by the european barge union , the european skippers organisation and the european transport workers’ federation . ### based on experience with other transport modes , in particular road transport , the commission shall , following the adoption of this directive , adopt implementing acts for the introduction of tamper - proof electronic service record books and logbooks , as well as electronic professional cards incorporating union certificates of qualifications . those implementing acts shall be adopted in accordance with the advisory procedure under article 30 and shall take into account the requirements of council directive 2014 / 112 / eu . personal data shall be protected by means of simple and reliable verification procedures . the commission shall adopt a proposal for a regulation to ensure tamper - proof and easy verification procedures regarding time spent at the wheel , travel time , rest periods , standby periods and other duties , including in particular loading , unloading , supervision thereof and fuelling , performed by all crew members . this regulation shall also take into account the requirements of council directive 2014 / 112 / eu . __________________ 19 council directive 2014 / 112 / eu of 19 december 2014 implementing the european agreement concerning certain aspects of the organisation of working time in inland waterway transport , concluded by the european barge union , the european skippers organisation and the european transport workers’ federation .


### any member state may carry out assessments of applicants’ competence for specific risks for stretches located in another member state based on the requirements established in accordance with paragraph 1 . upon request and in case of examination by means of multiple choice exams or simulators , member states referred to in paragraph 1 shall provide other member states with the available tools allowing them to carry out that assessment . ### a member state may carry out assessments of applicants’ competence for specific risks for stretches located in another member state based on the requirements established in accordance with paragraph 1 . upon request and in case of examination by means of multiple choice exams or simulators , member states referred to in paragraph 1 shall provide the member state carrying out the assessment with the available tools to enable it to carry out that assessment .


### any member state may carry out assessments of applicants’ competence for specific risks for stretches located in another member state based on the requirements established in accordance with paragraph 1 . upon request and in case of examination by means of multiple choice exams or simulators , member states referred to in paragraph 1 shall provide other member states with the available tools allowing them to carry out that assessment . ### any member state may carry out assessments of applicants’ competence for specific risks for stretches located in another member state based on the requirements established in accordance with paragraph 1 and with the explicit consent of the other member state concerned . upon request and in case of examination by means of multiple choice exams or simulators , member states referred to in paragraph 1 shall provide the member state carrying out the assessment with the available tools to enable it to carry out that assessment .


### 2021 : 0 . 5 % ; ### 2021 : 2 . 5 % ;


### by way of derogation to paragraphs and , the entry / exit record generated by third country nationals in their condition of family members of a union citizen to whom directive 2004 / 38 / ec applies or of a national of a third country enjoying the right of free movement under union law and who do not hold a residence card referred to under directive 2004 / 38 / ec , shall be stored in the ees for a maximum of one year after the last exit record . ### by way of derogation from paragraphs and , the entry / exit record generated by third country nationals who are family members of a union citizen to whom directive 2004 / 38 / ec applies or of a national of a third country enjoying the right of free movement under union law and who do not hold a residence card referred to under directive 2004 / 38 / ec , shall be stored in the ees for a maximum of one year after the last exit record .


### in the fight against terrorist offences and other serious criminal offences , it is imperative that law enforcement authorities have the most up - to - date information if they are to perform their tasks . access to vis data for law enforcement purpose has already proven its usefulness in identifying people who died violently or for helping investigators to make substantial progress in cases related to human being trafficking , terrorism or drug trafficking . access to the information contained in the ees is necessary to prevent , detect and investigate terrorist offences as referred to in council framework decision 2002 / 475 / jha23 or other serious criminal offences as referred to in council framework decision 2002 / 584 / jha24 . the data generated by the ees may be used as an identity verification tool both in cases where the third country national has destroyed his / her documents and where law enforcement authorities are investigating a crime through the use of fingerprints or facial image and wish to establish an identity . it may also be used as a criminal intelligence tool to construct evidence by tracking the travel routes of a person suspected of having committed a crime or a victim of crime . therefore , the data in the ees should be available , to the designated authorities of the member states and the european police office , subject to the conditions set out in this regulation . _________________ 23 council framework decision 2002 / 475 / jha of 13 june 2002 on combatting terrorism . 24 council framework decision 2002 / 584 / jha of 13 june 2002 on the european arrest warrant and the surrender procedures between member state ### access to the information contained in the ees might be helpful in preventing , detecting and investigating terrorist offences as referred to in council framework decision 2002 / 475 / jha23 or other serious criminal offences as referred to in council framework decision 2002 / 584 / jha24 . the data generated by the ees might be used as an identity verification tool both in cases where the third country national has destroyed his / her documents and where law enforcement authorities are investigating a crime through the use of fingerprints or facial image and wish to establish an identity . it might also be used as a tool to construct evidence by tracking the travel routes of a person suspected of having committed a crime or a victim of crime . therefore , the data in the ees might in the future be available , to the designated authorities of the member states and the european police office , subject to the conditions set out in this regulation . _________________ 23 council framework decision 2002 / 475 / jha of 13 june 2002 on combatting terrorism . 24 council framework decision 2002 / 584 / jha of 13 june 2002 on the european arrest warrant and the surrender procedures between member state


### if a request for correction or deletion is made to a member state other than the member state responsible , the authorities of the member state to which the request has been made shall check the accuracy of the data and the lawfulness of the data processing in the ees within a time limit of one month if that check can be done without consulting the member state responsible . otherwise the member state other than the member state responsible shall contact the authorities of the member state responsible within a time limit of 14 days and the member state responsible shall check the accuracy of the data and the lawfulness of the data processing within a time limit of one month . ### if a request for correction or deletion is made to a member state other than the member state responsible , the authorities of the member state to which the request has been made shall check the accuracy of the data and the lawfulness of the data processing in the ees within a time limit of 14 days if that check can be done without consulting the member state responsible . otherwise the member state other than the member state responsible shall contact the authorities of the member state responsible within a time limit of seven days and the member state responsible shall check the accuracy of the data and the lawfulness of the data processing within a time limit of 14 days . pending the amendments , no measure may be taken with regard to the person concerned on the basis of the contested information .


### reasonable grounds exist to consider that the consultation of the ees data may substantially contribute to the prevention , detection or investigation of any of the criminal offences in question , in particular where there is a substantiated suspicion that the suspect , perpetrator or victim of a terrorist offence or other serious criminal offence falls under a category covered by this regulation ; ### evidence or reasonable grounds exist to consider that the consultation of the ees data may substantially contribute to the prevention , detection or investigation of any of the criminal offences in question , in particular where the suspect , perpetrator or victim of a terrorist offence or other serious criminal offence falls under a category covered by this regulation ;


### this regulation also lays down in its chapter iv the conditions under which member states ' designated law enforcement authorities and the european police office may obtain access for consultation of the ees for the purposes of the prevention , detection and investigation of terrorist offences or of other serious criminal offences . ### for the purposes of prevention , detection and investigation of terrorist offences or of other serious criminal offences , this regulation also lays down in its chapter iv the conditions and limitations under which member states ' designated law enforcement authorities and the european police office may obtain access for consultation of the ees .


### moreover , europol plays a key role with respect to cooperation between member states’ authorities in the field of cross - border crime investigation in supporting union - wide crime prevention , analyses and investigation . consequently , europol should also have access to the ees within the framework of its tasks and in accordance with council decision 2009 / 371 / jha . 25 _________________ 25 council decision 2009 / 371 / jha of 6 april 2009 establishing the european police office . ### europol might also be granted access to the ees within the framework of its competences and tasks and in accordance with council decision 2009 / 371 / jha . 25 the european data protection supervisor should monitor the processing of personal data by europol and should ensure full compliance with the charter of fundamental rights of the european union and the treaties . _________________ 25 council decision 2009 / 371 / jha of 6 april 2009 establishing the european police office .


### four fingerprints of visa exempt third country nationals should be enrolled in the ees , if physically possible , to allow for accurate verification and identification and to guarantee that sufficient data is available in every circumstance . the check of the fingerprints of visa holders will be done against the visa information system . established by council decision 2004 / 512 / ec21 . the facial image of both visa exempt and visa holding third country nationals should be registered in the ees and it should be used as the main biometric identifier for verifying the identity of third country nationals who have been previously registered in the ees and for as long as their individual file has not been deleted . alternatively , that verification should be performed using fingerprints . _________________ 21 council decision 2004 / 512 / ec of 8 june 2004 establishing the visa information system . ### four fingerprints of visa exempt third country nationals should be enrolled in the ees , if physically possible , to allow for accurate verification and identification and to guarantee that sufficient data is available in every circumstance . the check of the fingerprints of visa holders will be done against the visa information system . established by council decision 2004 / 512 / ec21 . the facial image of both visa exempt and visa holding third country nationals should be registered in the ees and it should be used as the main biometric identifier for verifying the identity of third country nationals who have been previously registered in the ees and for as long as their individual file has not been deleted . alternatively , that verification should be performed using fingerprints . this should be done without prejudice to human dignity . _________________ 21 council decision 2004 / 512 / ec of 8 june 2004 establishing the visa information system .


### any request made pursuant to paragraphs 1 and 2 shall contain the necessary information to identify the person concerned , including fingerprints . that information shall be used exclusively to enable t the exercise of the rights referred to in paragraphs 1 and 2 and shall be erased immediately afterwards . ### any request made pursuant to paragraphs 1 and 2 shall contain the necessary information to identify the data subject . fingerprints may be requested for this purpose only in duly justified cases where there are substantive doubts as to the identity of the applicant . that information shall be used exclusively to enable the exercise of the rights referred to in paragraphs 1 and 2 and shall be erased immediately afterwards .


### in the event that visa - related data recorded in the ees are factually incorrect or have been recorded unlawfully , the member state responsible or , where applicable , the member state to which the request has been made shall first check the accuracy of these data against the vis and if necessary will amend them in the ees . should the data recorded in the vis be the same as in the ees , the member state responsible or the member state to which the request was made , shall contact the authorities of the member state responsible for entering these data in the vis within a time limit of 14 days . the member state responsible for entering the data in the vis shall check the accuracy of the visa related data and the lawfulness of its processing in the ees within a time limit of one month and inform the member state responsible or the member state to which the request has been made which shall , if necessary , amend or erase them without delay from the ees and , where applicable , from the list of persons referred to in article 11 . ### in the event that visa - related data recorded in the ees are factually incorrect or have been recorded unlawfully , the member state responsible or , where applicable , the member state to which the request has been made shall first check the accuracy of these data against the vis and if necessary will amend them in the ees . should the data recorded in the vis be the same as in the ees , the member state responsible or the member state to which the request was made , shall contact the authorities of the member state responsible for entering these data in the vis within a time limit of 3 days . the member state responsible for entering the data in the vis shall check the accuracy of the visa related data and the lawfulness of its processing in the ees within a time limit of 14 days and inform the member state responsible or the member state to which the request has been made which shall , if necessary , amend or erase them without delay from the ees and , where applicable , from the list of persons referred to in article 11 .


### the personal data stored in the ees should be kept for no longer than is necessary for the purposes of the ees . it is appropriate to keep the data related to third country nationals for a period of five years for border management purposes in order to avoid the need for third country nationals to re - enrol in the ees before that period has lapsed . for third country nationals who are family members of a union citizen to whom directive 2004 / 38 / ec27 applies or of a national of a third country enjoying the right of free movement under union law and who do not hold a residence card referred to under directive 2004 / 38 / ec , it is appropriate to store each coupled entry / exit record for a maximum period of one year after the last exit . _________________ 27 directive 2004 / 38 / ec of the european parliament and of the council of 29 april 2004 on the right of citizens of the union and their family members to move and reside freely within the territory of the member states amending regulation no 1612 / 68 and repealing directives 64 / 221 / eec , 68 / 360 / eec , 72 / 194 / eec , 73 / 148 / eec , 75 / 34 / eec , 75 / 35 / eec , 90 / 364 / eec , 90 / 365 / eec and 93 / 96 / eec . ### the personal data stored in the ees should be kept for no longer than is necessary for the purposes of the ees . it is appropriate to keep the data related to third country nationals for a period of five years for border management purposes . a five year data retention period is necessary to allow the border guard to verify compliance with entry conditions for third - country nationals and perform the necessary risk analysis under regulation 2016 / 399 of the european parliament and of the council before authorising admission to the member states . the consular processing of visa applications also requires scrutiny of applicants’ travel history so as establish the use made of previous visas and compliance with conditions of admittance . abandonment of passport stamping should be compensated by ees consultation procedures . information contained therein regarding travel history should therefore cover a period of time sufficient for the purpose of visa issuance . the five year data retention period should reduce the frequency of re - enrolment and benefit all travellers by cutting average crossing and waiting times at border points . even those entering a member states just once will benefit from the fact that fellow travellers already registered in the ees will not be required to repeat the process , thereby reducing waiting times at the border . this data retention period is also necessary to facilitate fast - track and self - service border crossing arrangements , which are dependent on data registered in the ees . a shorter data retention period would effectively increase the duration of border controls and reduce the number of travellers eligible for facilitated border crossing arrangements , thereby undermining this declared ees objective . for third country nationals who are family members of a union citizen to whom directive 2004 / 38 / ec27 applies or of a national of a third country enjoying the right of free movement under union law and who do not hold a residence card referred to under directive 2004 / 38 / ec , it is appropriate to store each coupled entry / exit record for a maximum period of one year after the last exit . _________________ 27 directive 2004 / 38 / ec of the european parliament and of the council of 29 april 2004 on the right of citizens of the union and their family members to move and reside freely within the territory of the member states amending regulation no 1612 / 68 and repealing directives 64 / 221 / eec , 68 / 360 / eec , 72 / 194 / eec , 73 / 148 / eec , 75 / 34 / eec , 75 / 35 / eec , 90 / 364 / eec , 90 / 365 / eec and 93 / 96 / eec .


### where a third country national has acquired the nationality of a member state or has fallen under the scope of article 2 before the expiry of the period referred to in article 31 , the individual file and the records linked to it in accordance with articles 14 and 15 shall be deleted without delay from the ees as well as , where applicable , from the list of identified persons referred to in article 11 : ### where a third country national has acquired the nationality of a member state or has fallen under the scope of article 2 before the expiry of the period referred to in article 31 , the individual file and the records linked to it in accordance with articles 14 and 15 shall be deleted from the ees as well as , where applicable , from the list of identified persons referred to in article 11 :


### the personal data stored in the ees should be kept for no longer than is necessary for the purposes of the ees . it is appropriate to keep the data related to third country nationals for a period of five years for border management purposes in order to avoid the need for third country nationals to re - enrol in the ees before that period has lapsed . for third country nationals who are family members of a union citizen to whom directive 2004 / 38 / ec10 applies or of a national of a third country enjoying the right of free movement under union law and who do not hold a residence card referred to under directive 2004 / 38 / ec , it is appropriate to store each coupled entry / exit reccord for a maximum period of one year after the last exit . ___________ 10directive 2004 / 38 / ec of the european parliament and of the council of 29 april 2004 on the right of citizens of the union and their family members to move and reside freely within the territory of the member states amending regulation no 1612 / 68 and repealing directives 64 / 221 / eec , 68 / 360 / eec , 72 / 194 / eec , 73 / 148 / eec , 75 / 34 / eec , 75 / 35 / eec , 90 / 364 / eec , 90 / 365 / eec and 93 / 96 / eec . ### the personal data stored in the ees should be kept for no longer than is necessary for the purposes of the ees . it is appropriate to keep the data related to third country nationals for a period of five years for border management purposes . a five year data retention period is necessary in order to allow the border guard to verify the fulfilment of the entry conditions for third - country nationals and to perform the necessary risk analysis , in accordance with regulation 2016 / 399 of the european parliament and of the council1a , before authorising a traveller to enter the schengen area . the processing of visa applications in consular posts also requires an analysis of the travel history of the applicant in order to assess the use of previous visas and the respect of the conditions of stay . the abandoning of passport stamping will be compensated by a consultation of the ees . the travel history available in the ees should therefore cover a period of time which is sufficient for the purpose of visa issuance . the five year data retention period should reduce the frequency of re - enrolment and should be beneficial for all travellers as the average border crossing time will decrease as will the waiting time at border crossing points . even for a traveller who has entered the schengen area only once , the fact that other travellers have already been registered in the ees and will thus not have to re - enrol will reduce the waiting time at border . this data retention period is also necessary in order to allow for the facilitation for the border crossing by using process accelerators and self - service systems . such a facilitation is dependent on the data registered in the ees . a shorter data retention period would have a negative impact on the duration of border controls . a shorter data retention period would also reduce the number of travellers that can benefit from such a facilitation and thereby undermine the stated objective of ees to facilitate border crossing . for third country nationals who are family members of a union citizen to whom directive 2004 / 38 / ec10 applies or of a national of a third country enjoying the right of free movement under union law and who do not hold a residence card referred to under directive 2004 / 38 / ec , it is appropriate to store each coupled entry / exit record for a maximum period of one year after the last exit . ___________ 1a regulation 2016 / 399 of the european parliament and of the council of 9 march 2016 on a union code on the rules governing the movement of persons across borders . 10directive 2004 / 38 / ec of the european parliament and of the council of 29 april 2004 on the right of citizens of the union and their family members to move and reside freely within the territory of the member states amending regulation no 1612 / 68 and repealing directives 64 / 221 / eec , 68 / 360 / eec , 72 / 194 / eec , 73 / 148 / eec , 75 / 34 / eec , 75 / 35 / eec , 90 / 364 / eec , 90 / 365 / eec and 93 / 96 / eec .


### the facial image , where possible extracted electronically from the emrtd , and where this is not possible , taken live ; ### the facial image , where possible extracted electronically from the emrtd or the vis , and where this is not possible , taken live . facial images taken live shall be in accordance with the specifications for the minimum level of quality for the resolution and use of facial images taken live adopted by the commission in accordance with the examination procedure referred to in article 61 ;


### if a request for correction or deletion is made to a member state other than the member state responsible , the authorities of the member state to which the request has been made shall check the accuracy of the data and the lawfulness of the data processing in the ees within a time limit of one month if that check can be done without consulting the member state responsible . otherwise the member state other than the member state responsible shall contact the authorities of the member state responsible within a time limit of 14 days and the member state responsible shall check the accuracy of the data and the lawfulness of the data processing within a time limit of one month . ### if a request for correction or deletion is made to a member state other than the member state responsible , the authorities of the member state to which the request has been made shall check the accuracy of the data and the lawfulness of the data processing in the ees within a time limit of one month if that check can be done without consulting the member state responsible . otherwise the member state other than the member state responsible shall contact the authorities of the member state responsible within a time limit of 14 days and the member state responsible shall check the accuracy of the data and the lawfulness of the data processing within a time limit of 14 days .


### the agency for the operational management of large - scale information systems in the area of freedom , security and justice shall develop the ees and ensure its operational management , including the functionalities for processing biometric data referred to in article 14 and article 15 . ### the agency for the operational management of large - scale information systems in the area of freedom , security and justice shall develop the ees and ensure its operational management , including the functionalities for processing biometric data referred to in article 14 and article 15 , as well as adequate security .


### carriers may use the secure internet access to the web service referred to in paragraph 1 to verify whether or not third country nationals holding a single or double entry visa have already used the visa . the carrier shall provide the data listed in article 14 . the web service shall on that basis provide the carriers with an ok / not ok answer . carriers may store the information sent and the answer received . ### carriers may use the secure internet access to the web service referred to in paragraph 1 to verify whether or not third country nationals holding a single or double entry visa have already used the visa . the carrier shall provide the data listed in article 14 . the web service shall on that basis provide the carriers with an ok / not ok answer . carriers may store the information sent and the answer received for a maximum of 48 hours after which the data shall be automatically deleted .