Index 
Texts adopted
Wednesday, 13 March 2019 - Strasbourg 
Non-objection to a delegated act: exemption of the Bank of England from the pre- and post-trade transparency requirements in Regulation (EU) No 600/2014
 Non-objection to a delegated act amending Regulation (EU) 2015/2365 of the European Parliament and of the Council with regard to the list of exempted entities
 Non-objection to a delegated act amending Regulation (EU) No 648/2012 of the European Parliament and of the Council with regard to the list of exempted entities
 Non-objection to a delegated act: exemption of the Bank of England and the United Kingdom Debt Management Office from the scope of Regulation (EU) No 596/2014
 Non-objection to a delegated act: possibility to adjust the average daily number of transactions for a share where the trading venue with the highest turnover of that share is located outside the Union
 Failure in committee to secure a majority on a proposal for a legally binding act (interpretation of Rule 171(1), first subparagraph, point (b), of the Rules of Procedure)
 Union General Export Authorisation for the export of certain dual-use items from the Union to the United Kingdom ***I
 Continuation of the territorial cooperation programmes PEACE IV (Ireland-United Kingdom) and United Kingdom-Ireland (Ireland-Northern Ireland-Scotland) in the context of the UK's withdrawal from the EU ***I
 Continuation of ongoing learning mobility activities under the Erasmus+ programme in the context of the UK's withdrawal from the EU ***I
 Aviation safety with regard to the withdrawal of the United Kingdom from the Union ***I
 EU-Afghanistan Cooperation Agreement on Partnership and Development ***
 EU-Afghanistan Cooperation Agreement on Partnership and Development (resolution)
 Participation of Norway, Iceland, Switzerland and Liechtenstein in eu-LISA ***
 Scope and mandate for EU Special Representatives
 Accessibility requirements for products and services ***I
 Visa Information System ***I
 Establishing the Asylum and Migration Fund ***I
 Establishing, as part of the Integrated Border Management Fund, the instrument for financial support for border management and visa ***I
 Establishing the Internal Security Fund ***I
 Definition, presentation and labelling of spirit drinks and protection of geographical indications thereof ***I
 Proposed amendments to Protocol No 3 on the Statute of the Court of Justice of the European Union ***I
 Establishing contingency measures in the field of social security coordination following the UK's withdrawal from the EU ***I
 Common rules ensuring basic road freight connectivity with regard to the withdrawal of the United Kingdom from the Union ***I
 Common rules ensuring basic air connectivity with regard to the withdrawal of the United Kingdom from the Union ***I
 Rules relating to the European Maritime and Fisheries Fund following the UK's withdrawal from the Union ***I
 Fishing authorisations for Union fishing vessels in United Kingdom waters and fishing operations of United Kingdom fishing vessels in Union waters ***I
 Certain aspects of railway safety and connectivity with regard to the withdrawal of the United Kingdom from the Union ***I
 A Europe that protects: Clean air for all
 Follow up taken by the EEAS two years after the EP report on EU strategic communication to counteract propaganda against it by third parties
 Association Agreement between the EU and Monaco, Andorra and San Marino
 European Cybersecurity Industrial, Technology and Research Competence Centre and Network of National Coordination Centres ***I
 Amending Regulation (EC) No 391/2009 with regard to the UK's withdrawal from the Union ***I
 Amending Regulation (EU) No 1316/2013 with regard to the UK's withdrawal from the Union ***I
 Port reception facilities for the delivery of waste from ships ***I
 Prolongation of the transitional use of means other than the electronic data-processing techniques provided for in the Union Customs Code ***I
 Combating fraud and counterfeiting of non-cash means of payment ***I
 Objection to an implementing act: Maximum residue levels for several substances including clothianidin
 Genetically modified maize 4114 (DP-ØØ4114-3)
 Genetically modified maize MON 87411 (MON-87411-9)
 Genetically modified maize Bt11 × MIR162 × 1507 × GA21 and sub-combinations Bt11 × MIR162 × 1507, MIR162 × 1507 × GA21 and MIR162 × 1507
 Active substances, including thiacloprid
 2018 Report on Turkey
 European Semester for economic policy coordination: Annual Growth Survey 2019
 European Semester for economic policy coordination: employment and social aspects in the Annual Growth Survey 2019

Non-objection to a delegated act: exemption of the Bank of England from the pre- and post-trade transparency requirements in Regulation (EU) No 600/2014
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European Parliament decision to raise no objections to the Commission delegated regulation of 30 January 2019 amending Delegated Regulation (EU) 2017/1799 as regards the exemption of the Bank of England from the pre- and post-trade transparency requirements in Regulation (EU) No 600/2014 (C(2019)00793 – 2019/2546(DEA))
P8_TA-PROV(2019)0159B8-0143/2019

The European Parliament,

–  having regard to the Commission delegated regulation (C(2019)00793),

–  having regard to the Commission’s letter of 30 January 2019 asking Parliament to declare that it will raise no objections to the delegated regulation,

–  having regard to the letter from the Committee on Economic and Monetary Affairs to the Chair of the Conference of Committee Chairs of 21 February 2019,

–  having regard to Article 290 of the Treaty on the Functioning of the European Union,

–  having regard to Regulation (EU) No 600/2014 of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Regulation (EU) No 648/2012(1), and in particular Articles 1(9) and 50(5) thereof,

–  having regard to the recommendation for a decision of the Committee on Economic and Monetary Affairs,

–  having regard to Rule 105(6) of its Rules of Procedure,

A.  whereas the amending delegated act contains important amendments to ensure that the Bank of England will continue to benefit from the existing exemption in accordance with Article 1(9) of Regulation (EU) No 600/2014, after a status change of the United Kingdom to a third country;

B.  whereas Parliament recognises the importance of a swift adoption of this act in order to ensure the preparedness of the European Union in the event of the United Kingdom withdrawing from the Union without a withdrawal agreement;

1.  Declares that it has no objections to the delegated regulation;

2.  Instructs its President to forward this decision to the Council and the Commission.

(1) OJ L 173, 12.6.2014, p. 84.


Non-objection to a delegated act amending Regulation (EU) 2015/2365 of the European Parliament and of the Council with regard to the list of exempted entities
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European Parliament decision to raise no objections to the Commission delegated regulation of 30 January 2019 amending Regulation (EU) 2015/2365 of the European Parliament and of the Council with regard to the list of exempted entities (C(2019)00794 – 2019/2547(DEA))
P8_TA-PROV(2019)0160B8-0144/2019

The European Parliament,

–  having regard to the Commission delegated regulation (C(2019)00794),

–  having regard to the Commission’s letter of 30 January 2019 asking Parliament to declare that it will raise no objections to the delegated regulation,

–  having regard to the letter from the Committee on Economic and Monetary Affairs to the Chair of the Conference of Committee Chairs of 21 February 2019,

–  having regard to Article 290 of the Treaty on the Functioning of the European Union,

–  having regard to Regulation (EU) 2015/2365 of the European Parliament and of the Council of 25 November 2015 on transparency of securities financing transactions and of reuse, and in particular Articles 2(4) and 30(5) thereof(1),

–  having regard to the recommendation for a decision of the Committee on Economic and Monetary Affairs,

–  having regard to Rule 105(6) of its Rules of Procedure,

A.  whereas the delegated act contains important amendments to ensure that the United Kingdom central bank and public bodies charged with, or intervening in, the management of the public debt will be exempted from the reporting obligation under Article 4 and the reuse transparency requirements under Article 15 of Regulation (EU) 2015/2365;

B.  whereas Parliament recognises the importance of a swift adoption of this act in order to ensure the preparedness of the European Union in the event of a withdrawal of the United Kingdom from the Union without a withdrawal agreement;

1.  Declares that it has no objections to the delegated regulation;

2.  Instructs its President to forward this decision to the Council and the Commission.

(1) OJ L 337, 23.12.2015, p. 1.


Non-objection to a delegated act amending Regulation (EU) No 648/2012 of the European Parliament and of the Council with regard to the list of exempted entities
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European Parliament decision to raise no objections to the Commission delegated regulation of 30 January 2019 amending Regulation (EU) No 648/2012 of the European Parliament and of the Council with regard to the list of exempted entities (C(2019)00791 – 2019/2549(DEA))
P8_TA-PROV(2019)0161B8-0145/2019

The European Parliament,

–  having regard to the Commission delegated regulation (C(2019)00791),

–  having regard to the Commission’s letter of 30 January 2019 asking Parliament to declare that it will raise no objections to the delegated regulation,

–  having regard to the letter from the Committee on Economic and Monetary Affairs to the Chair of the Conference of Committee Chairs of 21 February 2019,

–  having regard to Article 290 of the Treaty on the Functioning of the European Union,

–  having regard to Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories(1), and in particular Articles 1(6) and 82(6) thereof,

–  having regard to the recommendation for a decision of the Committee on Economic and Monetary Affairs,

–  having regard to Rule 105(6) of its Rules of Procedure,

A.  whereas the delegated act contains important amendments to ensure that the United Kingdom central bank and public bodies charged with or intervening in the management of the public debt will be exempted from the clearing and reporting requirements and the requirement to apply risk-mitigation techniques to non-cleared transactions laid down in Regulation (EU) No 648/2012;

B.  whereas Parliament recognises the importance of a swift adoption of this act in order to ensure the preparedness of the European Union in the event of a withdrawal of the United Kingdom from the Union without a withdrawal agreement;

1.  Declares that it has no objections to the delegated regulation;

2.  Instructs its President to forward this decision to the Council and the Commission.

(1) OJ L 201, 27.7.2012, p. 1.


Non-objection to a delegated act: exemption of the Bank of England and the United Kingdom Debt Management Office from the scope of Regulation (EU) No 596/2014
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European Parliament decision to raise no objections to the Commission delegated regulation of 30 January 2019 amending Delegated Regulation (EU) 2016/522 as regards the exemption of the Bank of England and the United Kingdom Debt Management Office from the scope of Regulation (EU) No 596/2014 (C(2019)00792 – 2019/2550(DEA))
P8_TA-PROV(2019)0162B8-0146/2019

The European Parliament,

–  having regard to the Commission delegated regulation (C(2019)00792),

–  having regard to the Commission’s letter of 30 January 2019 asking Parliament to declare that it will raise no objections to the delegated regulation,

–  having regard to the letter from the Committee on Economic and Monetary Affairs to the Chair of the Conference of Committee Chairs of 21 February 2019,

–  having regard to Article 290 of the Treaty on the Functioning of the European Union,

–  having regard to Regulation (EU) No 596/2014 of the European Parliament and of the Council of 16 April 2014 on market abuse (market abuse regulation) and repealing Directive 2003/6/EC of the European Parliament and of the Council and Commission Directives 2003/124/EC, 2003/125/EC and 2004/72/EC(1), and in particular Articles 6(5) and 35(5) thereof,

–  having regard to the recommendation for a decision of the Committee on Economic and Monetary Affairs,

–  having regard to Rule 105(6) of its Rules of Procedure,

A.  whereas the amending delegated act contains important amendments to ensure that the Bank of England and United Kingdom Debt Management Office will continue to benefit from the existing exemption in accordance with Article 6(1) of Regulation (EU) No 596/2014 after a status change of the United Kingdom to that of a third country;

B.  whereas Parliament recognises the importance of a swift adoption of this act in order to ensure the preparedness of the European Union in the event of a withdrawal of the United Kingdom from the Union without a withdrawal agreement;

1.  Declares that it has no objections to the delegated regulation;

2.  Instructs its President to forward this decision to the Council and the Commission.

(1) OJ L 173, 12.6.2014, p. 1.


Non-objection to a delegated act: possibility to adjust the average daily number of transactions for a share where the trading venue with the highest turnover of that share is located outside the Union
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European Parliament decision to raise no objections to the Commission delegated regulation of 13 February 2019 amending Delegated Regulation (EU) 2017/588 as regards the possibility to adjust the average daily number of transactions for a share where the trading venue with the highest turnover of that share is located outside the Union (C(2019)00904 – 2019/2579(DEA))
P8_TA-PROV(2019)0163B8-0149/2019

The European Parliament,

–  having regard to the Commission delegated regulation (C(2019)00904),

–  having regard to the Commission’s letter of 21 February 2019 asking Parliament to declare that it will raise no objections to the delegated regulation,

–  having regard to the letter from the Committee on Economic and Monetary Affairs to the Chair of the Conference of Committee Chairs of 4 March 2019,

–  having regard to Article 290 of the Treaty on the Functioning of the European Union,

–  having regard to Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU(1), and in particular Article 49(3) thereof,

–  having regard to Articles 10(1) and 13 of Regulation (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/77/EC(2),

–  having regard to the draft regulatory technical standards on the ‘amendment to Commission Delegated Regulation (EU) 2017/588 (RTS 11)’ submitted by the European Securities and Markets Authority on 8 November 2018 pursuant to Article 49(3) of Directive 2014/65/EU,

–  having regard to the recommendation for a decision of the Committee on Economic and Monetary Affairs,

–  having regard to Rule 105(6) of its Rules of Procedure,

A.  whereas the delegated act contains important amendments to preserve the competitiveness of EU trading venues that offer trading in those shares that are admitted to trading or are traded in the Union and a third country concurrently, and where the trading venue with the highest turnover in those shares is located outside the Union;

B.  whereas Parliament recognises the importance of a swift adoption of this act in order to ensure the preparedness of the European Union in the event of a withdrawal of the United Kingdom from the Union without a withdrawal agreement;

C.  whereas Parliament considers that the RTS adopted is not ‘the same’ as the draft RTS submitted by the European Securities and Markets Authority due to the Commission’s changes that were introduced in this draft, and considers that it has three months to object to the RTS (scrutiny period); whereas Parliament urges the Commission to indicate the one-month scrutiny period only in cases where the Commission has adopted the drafts of the European Supervisory Agencies without changes, i.e. where the draft and the adopted regulatory technical standards are ‘the same’;

1.  Declares that it has no objections to the delegated regulation;

2.  Instructs its President to forward this decision to the Council and the Commission.

(1) OJ L 173, 12.6.2014, p. 349.
(2) OJ L 331, 15.12.2010, p. 84.


Failure in committee to secure a majority on a proposal for a legally binding act (interpretation of Rule 171(1), first subparagraph, point (b), of the Rules of Procedure)
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European Parliament decision of 13 March 2019 concerning the failure in committee to secure a majority on a proposal for a legally binding act (interpretation of Rule 171(1), first subparagraph, point (b), of the Rules of Procedure) (2019/2011(REG))
P8_TA-PROV(2019)0164

The European Parliament,

–  having regard to the letter of 7 March 2019 from the Chair of the Committee on Constitutional Affairs,

–  having regard to Rule 226 of its Rules of Procedure,

1.  Decides to append the following interpretation to Rule 171(1), first subparagraph, point (b), of the Rules of Procedure:""If the proposal for a legally binding act, as amended or otherwise, does not secure a majority of the votes cast in committee, then the committee shall propose to Parliament that the act be rejected.”"

2.  Instructs its President to forward this decision to the Council and the Commission, for information.


Union General Export Authorisation for the export of certain dual-use items from the Union to the United Kingdom ***I
PDF 141kWORD 46k
Resolution
Consolidated text
European Parliament legislative resolution of 13 March 2019 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 428/2009 by granting a Union General Export Authorisation for the export of certain dual-use items from the Union to the United Kingdom of Great Britain and Northern Ireland (COM(2018)0891 – C8-0513/2018 – 2018/0435(COD))
P8_TA-PROV(2019)0165A8-0071/2019

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2018)0891),

–  having regard to Article 294(2) and Article 207(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8‑0513/2018),

–  having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–  having regard to the undertaking given by the Council representative by letter of 6 March 2019 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

–  having regard to Rule 59 of its Rules of Procedure,

–  having regard to the report of the Committee on International Trade and the opinion of the Committee on Foreign Affairs (A8-0071/2019),

1.  Adopts its position at first reading, taking over the Commission proposal;

2.  Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Position of the European Parliament adopted at first reading on 13 March 2019 with a view to the adoption of Regulation (EU) 2019/… of the European Parliament and of the Council amending Council Regulation (EC) No 428/2009 by granting a Union general export authorisation for the export of certain dual-use items from the Union to the United Kingdom

P8_TC1-COD(2018)0435


THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207(2) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Acting in accordance with the ordinary legislative procedure(1),

Whereas:

(1)  On 29 March 2017, the United Kingdom submitted the notification of its intention to withdraw from the Union pursuant to Article 50 of the Treaty on European Union (TEU). The Treaties will cease to apply to the United Kingdom from the date of entry into force of a withdrawal agreement or, failing that, two years after that notification, i.e. from 30 March 2019, unless the European Council, in agreement with the United Kingdom, unanimously decides to extend that period.

(2)  Council Regulation (EC) No 428/2009(2) sets up a common system for the control of exports of dual-use items which is necessary to promote Union and international security and to provide a level playing field for Union exporters.

(3)  Regulation (EC) No 428/2009 provides for "Union general export authorisations" which facilitate controls on low-risk exports of dual-use items to certain third countries. Currently, Australia, Canada, Japan, New Zealand, Norway, Switzerland, including Liechtenstein, and the United States of America are covered by Union general export authorisation No. EU001 set out in Annex IIa to Regulation (EC) No 428/2009.

(4)  The United Kingdom is a party to the relevant international treaties and a member of international non-proliferation regimes, maintains full compliance with related obligations and commitments. The United Kingdom applies proportionate and adequate controls to effectively address considerations about intended end uses and the risk of diversion, consistent with the provisions and objectives of Regulation (EC) No 428/2009.

(5)  Considering that the United Kingdom is an important destination for dual-use items produced in the Union, it is appropriate to add the United Kingdom to the list of destinations covered by Union general export authorisation No. EU001 in order to ensure the uniform and consistent application of controls throughout the Union, to promote a level playing field for Union exporters and to avoid an unnecessary administrative burden, while protecting Union and international security.

(6)  Given the urgency entailed by the circumstances of the United Kingdom's withdrawal from the Union, it is necessary to allow for the prompt application of this Regulation concerning the inclusion of the United Kingdom in Union general export authorisation No EU001. Therefore, this Regulation should enter into force on the day following that of its publication in the Official Journal of the European Union.

(7)  The United Kingdom should be added to the list of destinations covered by Union general export authorisation No. EU001 only in a situation where no withdrawal agreement concluded with the United Kingdom in accordance with Article 50(2) TEU has entered into force by the date on which the Treaties cease to apply to the United Kingdom pursuant to Article 50(3) TEU,

HAVE ADOPTED THIS REGULATION:

Article 1

Annex IIa to Council Regulation (EC) No 428/2009 is amended as follows:

(a)  the title "Exports to Australia, Canada, Japan, New Zealand, Norway, Switzerland, including Liechtenstein, and United States of America" is replaced by the following:"

"Exports to Australia, Canada, Japan, New Zealand, Norway, Switzerland, including Liechtenstein, United Kingdom of Great Britain and Northern Ireland, and United States of America";

"

(b)  in Part 2 the following indent is inserted after the indent "- Switzerland, including Liechtenstein":"

"– United Kingdom of Great Britain and Northern Ireland".

"

Article 2

Entry into force and application

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

It shall apply from the day following that on which the Treaties cease to apply to the United Kingdom pursuant to Article 50(3) TEU.

This Regulation shall not apply if a withdrawal agreement concluded with the United Kingdom in accordance with Article 50(2) TEU has entered into force by the date referred to in the second paragraph of this Article.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at ...,

For the European Parliament For the Council

The President The President

(1) Position of the European Parliament of 13 March 2019.
(2)Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items (OJ L 134, 29.5.2009, p. 1).


Continuation of the territorial cooperation programmes PEACE IV (Ireland-United Kingdom) and United Kingdom-Ireland (Ireland-Northern Ireland-Scotland) in the context of the UK's withdrawal from the EU ***I
PDF 162kWORD 55k
Resolution
Consolidated text
European Parliament legislative resolution of 13 March 2019 on the proposal for a regulation of the European Parliament and of the Council in order to allow for the continuation of the territorial cooperation programmes PEACE IV (Ireland-United Kingdom) and United Kingdom-Ireland (Ireland-Northern Ireland-Scotland) in the context of the withdrawal of the United Kingdom from the European Union (COM(2018)0892 – C8-0512/2018 – 2018/0432(COD))
P8_TA-PROV(2019)0166A8-0021/2019

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2018)0892),

–  having regard to Article 294(2) and Article 178 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8‑0512/2018),

–  having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–  having regard to the opinion of the European Economic and Social Committee of 20 February 2019(1),

–  after consulting the Committee of the Regions,

–  having regard to Rule 59 of its Rules of Procedure,

–  having regard to the report of the Committee on Regional Development (A8-0021/2019),

1.  Adopts its position at first reading hereinafter set out;

2.  Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Position of the European Parliament adopted at first reading on 13 March 2019 with a view to the adoption of Regulation (EU) 2019/… of the European Parliament and of the Council in order to allow for the continuation of the territorial cooperation programmes PEACE IV (Ireland-United Kingdom) and United Kingdom-Ireland (Ireland-Northern Ireland-Scotland) in the context of the withdrawal of the United Kingdom from the Union

P8_TC1-COD(2018)0432


THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty of the Functioning of the European Union, and in particular, Article 178 thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee(2),

After consulting the Committee of the Regions,

Acting in accordance with the ordinary legislative procedure(3),

Whereas:

(1)  On 29 March 2017, the United Kingdom submitted the notification of its intention to withdraw from the Union pursuant to Article 50 of the Treaty on European Union (TEU). The Treaties will cease to apply to the United Kingdom from the date of entry into force of a withdrawal agreement or, failing that, two years after that notification, namely from 30 March 2019, unless the European Council, in agreement with the United Kingdom, unanimously decides to extend that period.

(2)  The withdrawal will occur during the programming period 2014-2020 in which the United Kingdom is participating in fifteen cooperation programmes under the European territorial cooperation goal. Two of those programmes, namely PEACE IV (Ireland-United Kingdom) and United Kingdom-Ireland (Ireland-Northern Ireland-Scotland) (jointly referred to as the ‘cooperation programmes’), are programmes involving Northern Ireland and support peace and reconciliation and North-South cooperation under the Northern Ireland Peace Agreement (the "Good Friday Agreement") that the Union intends to continue even if the United Kingdom withdraws from the Union without a withdrawal agreement having entered into force by the date the Treaties cease to apply to the United Kingdom pursuant to Article 50(3) TEU. Therefore, this Regulation should be limited to those cooperation programmes.

(3)  The cooperation programmes are in particular governed by Regulations (EU) No 1299/2013(4), (EU) No 1303/2013(5) and (EU, Euratom) 2018/1046(6) of the European Parliament and of the Council. This Regulation should lay down provisions in order to allow, following the United Kingdom's withdrawal from the Union, for the continuation of the cooperation programmes in accordance with those Regulations .

(4)  As regards the cooperation programmes, the managing authority is located in the Special EU Programmes Body ('SEUPB') set up under the Agreement between the Government of Ireland and the Government of the United Kingdom of Great Britain and Northern Ireland establishing Implementation Bodies signed on 8 March 1999. As the cooperation programmes involve Northern Ireland, they should continue with the necessary complementing provisions.

(5)  For the purposes of the continuation of the cooperation programmes, it should be clarified that, without prejudice to Article 20(2) and (3) of Regulation (EU) No 1299/2013, they may cover the participating regions in the United Kingdom, which should be equivalent to NUTS level 3 regions.

(6)  For the purposes of the continuation of the cooperation programmes with financing from the Union general budget, an administrative agreement should be concluded between the Commission and the authorities of the United Kingdom with effect as from the date on which the Treaties cease to apply to the United Kingdom to allow for the necessary controls and audits of the cooperation programmes. If such controls and audits cannot be carried out, the Commission should have the possibility to interrupt payment deadlines, suspend payments and apply financial corrections, as laid down in Articles 83, 142, 144 and 145 of Regulation (EU) No 1303/2013.

(7)  In accordance with Article 76 of Regulation (EU) No 1303/2013, the Commission implementing decisions approving the PEACE IV (Ireland-United Kingdom) programme of 30 November 2015 and the Interreg VA programme of 12 February 2015 are to continue to constitute a financing decision within the meaning of Regulation (EU, Euratom) 2018/1046 and hence a legal commitment within the meaning of Regulation (EU, Euratom) 2018/1046. The United Kingdom remains liable for its financial obligations assumed as a Member State which relate to these legal commitments of the Union.

(8)  The United Kingdom will cease to be, from the date that the Treaties cease to apply to it, part of the Union part of the programme area within the meaning of Article 20(1) of Regulation (EU) No 1299/2013. Therefore, the provisions of that Regulation on the eligibility of operations depending on location should be adapted.

(9)  Since the objective of this Regulation, namely to allow, following the United Kingdom's withdrawal from the Union, for the continuation of the cooperation programmes, cannot be sufficiently achieved by the Member States but can rather, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 TEU. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve this objective.

(10)  In order to allow for the prompt application of the measures provided for in this Regulation, this Regulation should enter into force on the day following that of its publication in the Official Journal of the European Union. This Regulation should only apply in a situation where no withdrawal agreement concluded with the United Kingdom in accordance with Article 50(2) TEU has entered into force by the date the Treaties cease to apply to the United Kingdom pursuant to Article 50(3) TEU,

HAVE ADOPTED THIS REGULATION:

Article 1

Subject matter and scope

1.  This Regulation lays down provisions to address the consequences of the withdrawal of the United Kingdom from the Union in a situation where no withdrawal agreement concluded with the United Kingdom in accordance with Article 50(2) TEU has entered into force by the date on which the Treaties cease to apply to the United Kingdom pursuant to Article 50(3) TEU, and with regard to the continuation of the following two cooperation programmes covered by Regulation (EU) No 1299/2013 with the participation of the United Kingdom (jointly referred to as the ‘cooperation programmes’):

(1)  PEACE IV (Ireland-United Kingdom);

(2)  United Kingdom-Ireland (Ireland-Northern Ireland-Scotland).

2.  Regulation (EU) No 1299/2013 shall continue to apply to the cooperation programmes subject to this Regulation.

Article 2

Geographical coverage

Without prejudice to Article 20(2) and (3) of Regulation (EU) No 1299/2013, the cooperation programmes may cover the participating regions in the United Kingdom, which shall be equivalent to NUTS level 3 regions.

Article 3

Programme authorities

By way of derogation from Article 21(1) of Regulation (EU) No 1299/2013:

–  the Special EU Programmes Body (SEUPB) hosting the managing authority and the certifying authority of the cooperation programmes shall continue to exercise its functions;

–  the Department of Finance of Northern Ireland shall remain the audit authority of the cooperation programmes.

Article 4

Commission competences regarding controls

The application of the rules regarding the controls and audit of the cooperation programmes shall be agreed between the Commission and the authorities of the United Kingdom. The controls and audits shall cover the entire period of the cooperation programmes.

If the necessary controls and audit of the cooperation programmes cannot be executed in all regions concerned, this shall be considered to constitute a serious deficiency in the management and control system for the purposes of measures as laid down in Articles 83, 142, 144 and 145 of Regulation (EU) No 1303/2013.

Article 5

Eligibility of operations depending on location

The ceiling set out in point (b) of Article 20(2) of Regulation (EU) No 1299/2013 shall not apply to the cooperation programmes.

Article 6

Entry into force and application

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

It shall apply from the day following that on which the Treaties cease to apply to the United Kingdom pursuant to Article 50(3) TEU.

However, this Regulation shall not apply if a withdrawal agreement concluded with the United Kingdom in accordance with Article 50(2) TEU has entered into force by the date referred to in the second paragraph of this Article.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at,

For the European Parliament For the Council

The President The President

(1) Not yet published in the Official Journal.
(2)Opinion of 20 February 2019 (not yet published in the Official Journal).
(3) Position of the European Parliament of 13 March 2019.
(4)Regulation (EU) No 1299/2013 of the European Parliament and of the Council of 17 December 2013 on specific provisions for the support from the European Regional Development Fund to the European territorial cooperation goal (OJ L 347, 20.12.2013, p. 259).
(5)Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council Regulation (EC) No 1083/2006 (OJ L 347, 20.12.2013, p. 320).
(6)Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ L 193, 30.7.2018, p. 1).


Continuation of ongoing learning mobility activities under the Erasmus+ programme in the context of the UK's withdrawal from the EU ***I
PDF 166kWORD 49k
Resolution
Consolidated text
European Parliament legislative resolution of 13 March 2019 on the proposal for a regulation of the European Parliament and of the Council laying down provisions for the continuation of ongoing learning mobility activities under the Erasmus+ programme in the context of the withdrawal of the United Kingdom of Great Britain and Northern Ireland (“United Kingdom”) from the European Union (COM(2019)0065 – C8-0040/2019 – 2019/0030(COD))
P8_TA-PROV(2019)0167A8-0082/2019

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2019)0065),

–  having regard to Article 294(2) and Articles 165(4) and 166(4) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8‑0040/2019),

–  having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–  having regard to the opinion of the European Economic and Social Committee of 20 February 2019(1),

–  after consulting the Committee of the Regions,

–  having regard to the undertaking given by the Council representative by letter of 20 February 2019 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

–  having regard to Rule 59 of its Rules of Procedure,

–  having regard to the report of the Committee on Culture and Education (A8-0082/2019),

1.  Adopts its position at first reading hereinafter set out;

2.  Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Position of the European Parliament adopted at first reading on 13 March 2019 with a view to the adoption of Regulation (EU) 2019/… of the European Parliament and of the Council laying down provisions for the continuation of ongoing learning mobility activities under the Erasmus+ programme established by Regulation (EU) No 1288/2013, in the context of the withdrawal of the United Kingdom from the Union

P8_TC1-COD(2019)0030


THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty of the Functioning of the European Union, and in particular, Article 165(4) and 166(4) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee(2),

After consulting the Committee of the Regions,

Acting in accordance with the ordinary legislative procedure(3),

Whereas:

(1)  On 29 March 2017, the United Kingdom submitted the notification of its intention to withdraw from the Union pursuant to Article 50 of the Treaty on European Union (TEU). The Treaties will cease to apply to the United Kingdom from the date of entry into force of a withdrawal agreement or, failing that, two years after that notification, namely from 30 March 2019, unless the European Council, in agreement with the United Kingdom, unanimously decides to extend that period.

(2)  The withdrawal occurs during the 2014-2020 programming period of the Erasmus+ programme in which the United Kingdom is participating.

(3)  Regulation (EU) No 1288/2013 of the European Parliament and of the Council(4) establishes and governs the Erasmus+ programme. This Regulation should lay down rules in order to allow for the continuation of legal commitments already undertaken, in accordance with Regulation (EU) No 1288/2013, with regard to ongoing learning mobility activities involving the United Kingdom, after its withdrawal from the Union.

(4)  From the date on which the Treaties cease to apply to the United Kingdom, the United Kingdom will cease to be a programme country within the meaning of Article 24(1) of Regulation (EU) No 1288/2013. In order to avoid current Erasmus+ participants being required to interrupt their ongoing learning mobility activities, the rules on the eligibility of ongoing learning mobility activities under the Erasmus+ programme should be adapted.

(5)  For the purposes of the continuation of financing of ongoing learning mobility activities from the Union budget, the Commission and the United Kingdom should agree to allow the exercise of controls and audits of those activities. If the necessary controls and audits cannot be carried out, this should be considered a serious deficiency in the management and control system.

(6)  Since the objective of this Regulation, namely to allow for the continuation of ongoing learning mobility activities involving the United Kingdom which have started at the latest on the date on which the Treaties cease to apply to the United Kingdom, cannot be sufficiently achieved by the Member States but can rather, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity, as set out in Article 5 TEU. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.

(7)  In view of the fact that, in the absence of a withdrawal agreement or of an extension of the two-year period after the United Kingdom's notification, the Treaties will cease to apply to the United Kingdom from 30 March 2019 and in view of the need to ensure, prior to the date of the withdrawal of the United Kingdom from the Union, the continuation of ongoing learning mobility activities under the Erasmus+ programme, it was considered appropriate to provide for an exception to the eight-week period referred to in Article 4 of Protocol No 1 on the role of national parliaments in the European Union, annexed to the TEU, to the Treaty on the Functioning of the European Union and to the Treaty establishing the European Atomic Energy Community.

(8)   This Regulation should enter into force as a matter of urgency on the day following that of its publication in the Official Journal of the European Union and should apply from the day following that on which the Treaties cease to apply to the United Kingdom unless a withdrawal agreement concluded with the United Kingdom has entered into force by that date,

HAVE ADOPTED THIS REGULATION:

Article 1

Subject matter and scope

This Regulation lays down provisions for the continuation of learning mobility activities, as referred to in Articles 7 and 13 of Regulation (EU) No 1288/2013, which take place in the United Kingdom or involve entities or participants from the United Kingdom andwhich have started at the latest on the date on which the Treaties cease to apply to the United Kingdom.

Article 2

Eligibility

1.  Learning mobility activities referred to in Article 1 shall continue to be eligible for financing.

2.  For the purpose of applying any provisions of Regulation (EU) No 1288/2013 and the acts implementing that Regulation that are necessary to give effect to paragraph 1, the United Kingdom shall be treated as a Member State, subject to this Regulation.

However, representatives of the United Kingdom shall not participate in the committee referred to in Article 36 of Regulation (EU) No 1288/2013.

Article 3

Controls and audits

The application of the rules regarding the controls and audits of the learning mobility activities referred to in Article 1 shall be agreed between the Commission and the authorities of the United Kingdom. The controls and audits shall cover the entire period of the learning mobility activities and the related follow-up.

If the necessary controls and audits of the Erasmus+ programme cannot be executed in the United Kingdom this shall constitute a serious deficiency in complying with the main obligations in the implementation of the legal commitment between the Commission and the national agency of the United Kingdom.

Article 4

Entry into force and application

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

It shall apply from the day following that on which the Treaties cease to apply to the United Kingdom pursuant to Article 50(3) TEU.

However, this Regulation shall not apply if a withdrawal agreement concluded with the United Kingdom in accordance with Article 50(2) TEU has entered into force by the date referred to in the second paragraph of this Article.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at ...,

For the European Parliament For the Council

The President The President

(1) Not yet published in the Official Journal.
(2)Opinion of 20 February 2019 (not yet published in the Official Journal).
(3)Position of the European Parliament of 13 March 2019.
(4)Regulation (EU) No 1288/2013 of the European Parliament and of the Council of 11 December 2013 establishing ‘Erasmus+’: the Union programmes for education, training, youth and sport and repealing Decisions No 1719/2006/EC, No 1720/2006/EC and No 1298/2008/EC (OJ L 347, 20.12.2013, p. 50).


Aviation safety with regard to the withdrawal of the United Kingdom from the Union ***I
PDF 180kWORD 61k
Resolution
Consolidated text
European Parliament legislative resolution of 13 March 2019 on the proposal for a regulation of the European Parliament and of the Council on certain aspects of aviation safety with regard to the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the Union (COM(2018)0894 – C8-0514/2018 – 2018/0434(COD))
P8_TA-PROV(2019)0168A8-0061/2019

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2018)0894),

–  having regard to Article 294(2) and Article 100(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0514/2018),

–  having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–  having regard to the opinion of the European Economic and Social Committee of 20 February 2019(1),

–  after consulting the Committee of Regions,

–  having regard to the undertaking given by the Council representative by letter of 22 February 2019 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union.

–  having regard to Rule 59 of its Rules of Procedure,

–  having regard to the report of the Committee on Transport and Tourism (A8-0061/2019),

1.  Adopts its position at first reading hereinafter set out;

2.  Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Position of the European Parliament adopted at first reading on 13 March 2019 with a view to the adoption of Regulation (EU) 2019/… of the European Parliament and of the Council on certain aspects of aviation safety with regard to the withdrawal of the United Kingdom from the Union

P8_TC1-COD(2018)0434


(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 100(2) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee(2),

After consulting the Committee of Regions,

Acting in accordance with the ordinary legislative procedure(3),

Whereas:

(1)  On 29 March 2017, the United Kingdom submitted the notification of its intention to withdraw from the Union pursuant to Article 50 of the Treaty on European Union. The Treaties will cease to apply to the United Kingdom from the date of entry into force of a withdrawal agreement or failing that, two years after that notification, namely from 30 March 2019, unless the European Council, in agreement with the United Kingdom, unanimously decides to extend that period.

(2)  The principal objective of Regulation (EU) 2018/1139 of the European Parliament and the Council(4) is to establish and maintain a high and uniform level of aviation safety in the Union. For that purpose, a system of certificates has been established for various aviation activities, in order to achieve the required safety levels and to enable the necessary verifications and the mutual acceptance of certificates issued.

(3)  In the area of aviation safety, the impact of the withdrawal of the United Kingdom from the Union on certificates and approvals can be remedied by many stakeholders through various measures. Those measures include the transfer to a civil aviation authority of one of the remaining 27 Member States, or applying, before the withdrawal date, for a certificate issued by the European Union Aviation Safety Agency ("the Agency"), taking effect from that date only and hence conditional upon the United Kingdom having become a third country.

(4)  However, unlike in other areas of Union law, there are some specific instances where it is not possible to obtain a certificate from another Member State or from the Agency because, from the withdrawal date, the United Kingdom will resume, for its jurisdiction, the role as "State of design" under the Convention on International Civil Aviation. The United Kingdom, in turn, can only issue certificates in that new role once it has assumed it, namely once Union law ceases to apply to the United Kingdom following its withdrawal from the Union.

(5)  It is therefore necessary to set up a temporary mechanism to extend the validity of certain aviation safety certificates, in order to allow the operators concerned, and the Agency, sufficient time to issue the necessary certificates under Article 68 of Regulation (EU) 2018/1139 to take account of the United Kingdom's status as a third country.

(6)  The duration of such extension of the validity of certificates should be limited to what is strictly necessary in order to deal with the United Kingdom’s departure from the Union´s aviation safety system.

(7)  In order to allow for additional time, where necessary, for the certificates under Article 68 of Regulation (EU) 2018/1139 to be issued to the operators concerned, 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 further extending the period of validity of the certificates referred to in Section I of the Annex 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 of 13 April 2016 on Better Law-Making(5). 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.

(8)  Moreover, unlike in most other areas of Union law regarding goods, the invalidity of certificates has an impact not on the placing on the market but on the actual use of aviation products, parts and appliances in the Union, for example when installing parts and appliances on an Union aircraft operating in the Union. Such use of aviation products in the Union should not be impacted by the withdrawal of the United Kingdom.

(9)  In the Union´s aviation safety system, the training of pilots and mechanics is tightly regulated and training modules are harmonised. Persons taking part in a training module in one Member State cannot always change, in the course of that training, to another Member State. That particular situation should be taken into account in the Union contingency measures.

(10)  The provisions of this Regulation should enter into force as a matter of urgency and should apply, in principle, from the day following that on which the Treaties cease to apply to the United Kingdom, unless a withdrawal agreement concluded with the United Kingdom has entered into force by that date. However, in order to allow for the necessary administrative procedures to be conducted as early as possible, certain provisions should apply from the entry into force of this Regulation,

HAVE ADOPTED THIS REGULATION:

Article 1

Subject matter and scope

1.  This Regulation lays down specific provisions, in view of the withdrawal of the United Kingdom of Great Britain and Northern Ireland (‘the United Kingdom’) from the European Union, for certain aviation safety certificates issued under Regulation (EC) No 216/2008 of the European Parliament and of the Council(6) or Regulation (EU) 2018/1139 to natural and legal persons having their principal place of business in the United Kingdom and for certain situations regarding aviation training.

2.  This Regulation shall apply to the certificates listed in the Annex to this Regulation, which are valid on the day preceding the date of application of this Regulation and which have been issued by:

(a)  the European Union Aviation Safety Agency ("the Agency") to natural or legal persons having their principal place of business in the United Kingdom, as set out in Section 1 of the Annex; or

(b)  natural or legal persons certified by the competent authorities of the United Kingdom as set out in Section 2 of the Annex.

3.  In addition to the certificates listed in paragraph 2, this Regulation shall apply to the ▌training modules referred to in Article 5.

Article 2

Definitions

For the purposes of this Regulation, the corresponding definitions of Regulation (EU) No 2018/1139 and the delegated and implementing acts adopted under that Regulation and under Regulation (EC) No 216/2008 shall apply.

Article 3

Certificates referred to in point (a) of Article 1(2)

The certificates referred to in point (a) of Article 1(2) shall remain valid for the period of nine months from the date of application of this Regulation.

Where additional time is necessary for the certificates referred to in Article 68 of Regulation (EU) 2018/1139 to be issued to the operators concerned, the Commission may extend the period of validity referred to in the first paragraph of this Article by means of delegated acts.

Before adopting a delegated act, the Commission shall consult experts designated by each Member State in line with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

Article 4

Certificates referred to in point (b) of Article 1(2)

The certificates referred to in point (b) of Article 1(2), concerning the use of products, parts and appliances shall remain valid ▌.

Article 5

Carryover of training modules

By way of derogation from Commission Regulations (EU) No 1178/2011(7) and (EU) No 1321/2014(8), the competent authorities of the Member States or the Agency, as applicable, shall take account of the examinations taken in training organisations that are subject to oversight by the competent authority of the United Kingdom but which have not yet led to the  issuance of the license prior to the date of application referred to in the second sub-paragraph of Article 10(2) of this Regulation, as if they had been taken with a training organisation subject to the oversight of the competent authority of a Member State.

Article 6

Rules and obligations regarding certificates governed by Articles 3 or 4

1.  Certificates governed by Articles 3 or 4 of this Regulation are subject to the rules applicable to them in accordance with Regulation (EU) 2018/1139 and the implementing and delegated acts adopted by virtue of it or of Regulation (EC) No 216/2008. The Agency shall have the powers established in Regulation (EU) 2018/1139 and in the implementing and delegated acts adopted under that Regulation and under Regulation (EC) 216/2008 with regard to entities having their principal place of business in a third country.

2.  At the request of the Agency, the holders of the certificates referred to in Article 3 and the issuers of certificates referred to in Article 4 shall deliver copies of all audit reports, findings and corrective action plans relevant to the certificates which have been issued during the three years previous to the request. Where such documents have not been delivered within the time limits laid down by the Agency in its request, the Agency may withdraw the benefit acquired pursuant to Article 3 or Article 4, as applicable.

3.  Holders of certificates referred to in Article 3 and the issuers of certificates referred to in Article 4 of this Regulation shall inform the Agency without delay of any actions by the authorities of the United Kingdom, which might conflict with their obligations under this Regulation or Regulation (EU) 2018/1139.

Article 7

Competent authority

For the purposes of this Regulation and for the purpose of oversight of the holders and the issuers of certificates referred to in Article 1(2) of this Regulation, the Agency shall act as the competent authority provided for third country entities under Regulation (EU) 2018/1139 and the implementing and delegated acts adopted under that Regulation or under Regulation (EC) No 216/2008.

Article 8

Application of Commission Regulation (EU) No 319/2014

Commission Regulation (EU) No 319/2014(9) shall apply to legal and natural persons holding or issuing certificates referred to in Article 1(2) of this Regulation under the same conditions as to holders of corresponding certificates issued to third country legal or natural persons.

Article 9

Acceptable means of compliance and guidance material

The Agency may issue acceptable means of compliance and guidance material for the application of this Regulation in accordance with Article 76(3) of Regulation (EU) 2018/1139.

Article 10

Entry into force and application

1.  This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

2.  It shall apply from the day following that on which the Treaties cease to apply to the United Kingdom pursuant to Article 50(3) of the Treaty on European Union.

However, Article 5 shall apply from the date of entry into force of this Regulation.

3.  This Regulation shall not apply if a withdrawal agreement concluded with the United Kingdom in accordance with Article 50(2) of the Treaty on European Union has entered into force by the date referred to in the first subparagraph of paragraph 2 of this Article.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at ...,

For the European Parliament For the Council

The President The President

ANNEX

List of certificates referred to in Article 1

Section 1: Certificates issued by European Aviation Safety Agency ("Agency") to natural or legal persons with their principal place of business in the United Kingdom and for aircraft, referred to in:

1.1.  Commission Regulation (EU) No 748/2012(10), Annex I, Part 21, Section A, Subpart B (Type-certificates and restricted type-certificates)

1.2.  Regulation (EU) No 748/2012, Annex I, Part 21, Section A, Subpart D (Changes to type-certificates and restricted type-certificates)

1.3.  Regulation (EU) No 748/2012, Annex I, Part 21, Section A, Subpart E (Supplemental type-certificates)

1.4.  Regulation (EU) No 748/2012, Annex I, Part 21, Section A, Subpart M (Repairs)

1.5.  Regulation (EU) No 748/2012, Annex I, Part 21, Section A, Subpart O (European Technical Standard Order authorisations)

1.6.  Regulation (EU) No 748/2012, Annex I, Part 21, Section A, Subpart J (Design organisation approvals)

Section 2: Certificates for products, parts or appliances issued by legal or natural persons certified by the competent authorities of the United Kingdom, referred to in:

2.1.  Regulation (EU) No 748/2012, Annex I, Section A, Subpart G, point 21.A.163(c) (authorised release certificates for products, parts and appliances)

2.2.  Regulation (EU) No 1321/2014, Annex II, Part-145, point 145.A.75(e) (certificates of release to service in respect of completion of maintenance)

2.3.  Regulation (EU) No 1321/2014, Annex II, Part-145, point 145.A.75(f) (airworthiness review certificates for ELA 1 aircraft)

2.4.  Regulation (EU) No 1321/2014, Annex I, Part M, Section A, Subpart F, point M.A.615(d) (certificates of release to service on completion of maintenance)

2.5.  Regulation (EU) No 1321/2014, Annex I, Part M, Section A, Subpart F, point M.A.615(e) (airworthiness review certificates for ELA1 aircraft)

2.6  Regulation (EU) No 1321/2014, Annex I, Part M, Section A, Subpart G, point M.A.711(a)(4) or (b)(1) (airworthiness review certificates and extensions thereof )

2.7   Regulation (EU) No 1321/2014, Annex I, Part-M, Section A, Subpart H, point M.A.801(b)(2) and (3) and (c) (certificates of release to service in respect of completion of maintenance).

(1) Not yet published in the Offical Journal
(2)Opinion of 20 February 2019 (not yet published in the Official Journal).
(3)Position of the European Parliament of 13 March 2019.
(4)Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 (OJ L 212, 22.8.2018, p. 1).
(5) OJ L 123, 12.5.2016, p.1.
(6)Regulation (EC) 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC (OJ L 79, 19.3.2008, p. 1).
(7)Commission Regulation (EU) No 1178/2011 of 3 November 2011 laying down technical requirements and administrative procedures related to civil aviation aircrew pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 311, 25.11.2011, p. 1).
(8)Commission Regulation (EU) No 1321/2014 of 26 November 2014 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks (OJ L 362, 17.12.2014, p. 1).
(9)Commission Regulation (EU) No 319/2014 of 27 March 2014 on the fees and charges levied by the European Aviation Safety Agency, and repealing Regulation (EC) No 593/2007 (OJ L95, 28.3.2014, p.58).
(10) Commission Regulation (EU) No 748/2012 of 3 August 2012 laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations Text with EEA relevance (OJ L 224, 21.8.2012, p. 1).


EU-Afghanistan Cooperation Agreement on Partnership and Development ***
PDF 124kWORD 42k
European Parliament legislative resolution of 13 March 2019 on the draft Council decision on the conclusion, on behalf of the Union, of the Cooperation Agreement on Partnership and Development between the European Union and its Member States, of the one part, and the Islamic Republic of Afghanistan, of the other part (15093/2016 – C8-0107/2018 – 2015/0302(NLE))
P8_TA-PROV(2019)0169A8-0026/2019

(Consent)

The European Parliament,

–  having regard to the draft Council decision (15093/2016),

–  having regard to the draft Cooperation Agreement on Partnership and Development between the European Union and its Member States, of the one part, and the Islamic Republic of Afghanistan, of the other part (05385/2015),

–  having regard to the request for consent submitted by the Council in accordance with Article 207, Article 209, Article 218(6), second subparagraph, point (a) and Article 218(8), second subparagraph, of the Treaty on the Functioning of the European Union (C8-0107/2018),

–  having regard to its non-legislative resolution of 13 March 2019(1) on the draft decision,

–  having regard to Rule 99(1) and (4) and Rule 108(7) of its Rules of Procedure,

–  having regard to the recommendation of the Committee on Foreign Affairs and the opinion of the Committee on Development (A8-0026/2019),

1.  Gives its consent to conclusion of the agreement;

2.  Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the Islamic Republic of Afghanistan.

(1) Texts adopted, P8_TA-PROV(2019)0170.


EU-Afghanistan Cooperation Agreement on Partnership and Development (resolution)
PDF 198kWORD 74k
European Parliament non-legislative resolution of 13 March 2019 on the draft Council decision on the conclusion, on behalf of the Union, of the Cooperation Agreement on Partnership and Development between the European Union and its Member States, of the one part, and the Islamic Republic of Afghanistan, of the other part (15093/2016 – C8-0107/2018 – 2015/0302M(NLE))
P8_TA-PROV(2019)0170A8-0058/2019

The European Parliament,

–  having regard to draft Council decision (15093/2016),

–  having regard to the Cooperation Agreement on Partnership and Development between the European Union and its Member States, of the one part, and the Islamic Republic of Afghanistan, of the other part(1), signed on 18 February 2017 by Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy (VP/HR) Federica Mogherini,

–  having regard to the request for consent submitted by the Council on 6 February 2018 in accordance with Article 37 of the Treaty on European Union (TEU) and with Articles 207, 209, 218(6)(a), second subparagraph, and 218(8), second subparagraph, of the Treaty on the Functioning of the European Union (TFEU) (C8-0107/2018),

–  having regard to its legislative resolution of 13 March 2019 on the proposal for a Council decision(2),

–  having regard to the provisional application of the parts of the Cooperation Agreement on Partnership and Development (CAPD) under the exclusive competence of the EU as of 1 December 2017,

–  having regard to its resolution of 13 June 2013 on the negotiations on an EU-Afghanistan cooperation agreement on partnership and development(3),

–  having regard to its previous resolutions relating to Afghanistan, in particular its resolutions of 16 December 2010 on a new strategy for Afghanistan(4), of 15 December 2011 on budgetary control of EU financial assistance to Afghanistan(5), of 12 March 2014 on Pakistan’s regional role and political relations with the EU(6), of 8 October 2015 on the death penalty(7), of 26 November 2015 on Afghanistan, in particular the killings in the province of Zabul(8), of 28 April 2016 on attacks on hospitals and schools as violations of international humanitarian law(9), of 5 April 2017 on addressing refugee and migrant movements: the role of EU External Action(10), of 13 September 2017 on EU political relations with India(11), of 14 December 2017 on the situation in Afghanistan(12),

–  having regard to the Council conclusions of 19 November 2018 and of 16 October 2017 on Afghanistan,

–  having regard to the Joint Communication from the VP/HR and the Commission to the European Parliament and the Council of 24 July 2017 on Elements for an EU Strategy on Afghanistan (JOIN(2017)0031),

–  having regard to the 2014-2020 Multi-annual Indicative Programme for Afghanistan, within the Union’s Development Cooperation Instrument,

–  having regard to the EU Country Roadmap for Engagement with Civil Society in Afghanistan 2018-2020,

—  having regard to the closure of the European Union Police Mission in Afghanistan (EUPOL Afghanistan) in 2016,

–  having regard to the report of the UN Secretary-General of 10 September 2018 entitled ‘the situation in Afghanistan and its implications for international peace and security’,

—  having regard to the EU‐Afghanistan Joint Way Forward (JWF) on migration issues, of 2 October 2016,

—  having regard to UN Security Council Resolutions 2210 (2015) and 2344 (2017), and to the mandate of the UN Assistance Mission in Afghanistan (UNAMA),

–  having regard to the report of the UN Special Rapporteur on the human rights of internally displaced persons of 12 April 2017 on his mission to Afghanistan,

–  having regard to the request of the ICC Chief Prosecutor Fatou Bensouda of 3 November 2017 to start an investigation on the war crimes and crimes against humanity allegedly committed in Afghanistan since 1 May 2003,

–  having regard to the UN Convention on the Rights of the Child,

–  having regard to the Geneva Ministerial Conference on Afghanistan of 27-28 November 2018,

—  having regard to the results of the Brussels International Conference on Afghanistan of 5 October 2016, co-chaired by the European Union, and to the mutual commitments made at the international conferences on Afghanistan held in Bonn on 5 December 2011, Tokyo on 8 July 2012, and London on 4 December 2014,

–  having regard to the Tashkent Conference on Afghanistan of 26-27 March 2018,

—  having regard to the ‘Heart of Asia’ process launched in Istanbul on 2 November 2011,

—  having regard to the Kabul Declaration of 22 December 2002 on good-neighbourly relations,

–  having regard to the NATO-led UN mandated International Security Assistance Force (ISAF) (2003-2014) and to the conclusions of the NATO summit held in Brussels on 24-25 May 2017, with regard to the continuation of the training, advisory and assistance mission ‘Resolute Support’ (2014 to the present),

–  having regard to Afghanistan’s Humanitarian Response Plan 2018-2021,

–  having regard to the Self-Reliance through Mutual Accountability Framework, agreed to at the Brussels Conference on Afghanistan of 4-5 October 2016,

–  having regard to Rule 99(2) of its Rules of Procedure,

–  having regard to the report of the Committee on Foreign Affairs, the opinion of the Committee on Development and the position in the form of amendments of the Committee on International Trade (A8-0058/2019),

A.  whereas on 10 November 2011, the Council adopted a decision authorising the Commission to negotiate a CAPD between the European Union and the Islamic Republic of Afghanistan(13); whereas the CAPD has been provisionally and partly applied since 1 December 2017, before the European Parliament gave its consent;

B.  whereas on 13 January 2016, the VP/HR and the Commission presented to the Council the Joint Proposal for Council Decisions on the signing and conclusion of the CAPD, as an agreement between the European Union and Afghanistan ('EU-only');

C.  whereas while agreeing with the substance of the CAPD, Member States expressed preference for a 'mixed' agreement with provisional application, and therefore asked the Commission and the VP/HR to revise the proposals accordingly in order to take into account mixed and provisional application;

D.  whereas the CAPD was signed on 18 February 2017;

E.  whereas the CAPD will form the basis of EU-Afghan relations for the next 10 years and could be automatically extended for periods of five years;

F.  whereas Parliament has been partially but not fully informed throughout negotiations; whereas Parliament received the Council’s negotiating directives for the European External Action Service (EEAS) only on 16 March 2018, rather than in November 2011 when Parliament was informed about the decision to open negotiations;

G.  whereas this legal framework builds on the current EU Strategy on Afghanistan as well as the EU’s extensive external financing assistance;

H.  whereas the CAPD will be the first contractual relationship between the EU and Afghanistan, confirming the EU’s commitment to Afghanistan’s future development during the ‘decade of transformation’ (2014-2024), strengthening historical, political and economic ties between the two parties;

I.  whereas the CAPD reflects the principles and conditions on which the EU-Afghanistan future partnership will be based (Titles I and II), including the essential elements clauses on human rights and weapons of mass destruction (WMD) non-proliferation; whereas the CAPD provides for the possibility of cooperation in a broad range of areas, including development (Title III), trade and investment (Title IV), justice and the rule of law (Title V), including the fight against organised crime, money laundering and counter-narcotics, cooperation on migration and a potential future readmission agreement, and sectoral cooperation (Title VI);

J.  whereas the CAPD will also enable the EU and Afghanistan to jointly address global challenges such as nuclear security, non-proliferation and climate change;

K.  whereas Afghanistan is at a crucial point, meaning that if further efforts are not taken, then all of the effort, progress, and sacrifice so far put into the development of Afghanistan risks being lost;

L.  whereas the emergence of the terrorist threat from the Daesh-linked group known as Islamic State-Khorasan Province (IS-KP) contributed significantly to further degradation of the security situation; whereas in May 2018 the Afghan Government had control of 56 % of the districts of Afghanistan and 56 % of the territory, containing 65 % of the population, with 32 % of the districts being contested and 12 % under insurgent control(14),(15);

M.  whereas since 2002, the European Union and its Member States collectively have been the largest international donor to Afghanistan and its people, providing over EUR 3.66 billion in development and humanitarian aid; whereas according to the 2014-2020 Multi-annual Indicative Programme for Afghanistan, a new development fund of EUR 1,4 billion is allocated for the period 2014-2020; whereas Afghanistan’s GDP is currently USD 20 billion and its growth rate has shrunk since 2014; and whereas the Afghan economy still faces a number of challenges such as corruption, low revenue collection, poor infrastructure and anaemic job creation;

N.  whereas since 2001, many EU Member States, NATO partners and allied countries have contributed to the stabilisation and development of Afghanistan with military and civilian resources, suffering heavy casualties and losses; whereas a stable and independent Afghanistan that can provide for itself and deny safe haven to terrorist groups is still in the vital security interests of NATO, the EU and its Member States; whereas the EU Member States still have over 3 000 military personnel in Afghanistan participating in NATO’s Resolute Support mission;

O.  whereas there are 2,5 million registered refugees, and between 2 and 3 million undocumented Afghans in Iran and Pakistan; whereas there are more than 2 million internally displaced persons in Afghanistan, more than 300 000 of whom were displaced in 2018; whereas many of these individuals suffer from food insecurity, inadequate shelter, insufficient access to sanitation and health facilities and a lack of protection, and whereas many are children classified as particularly vulnerable to the risk of child labour, sexual abuse or potential recruitment to criminal groups; whereas more than 450 000 Afghan people have returned to Afghanistan or been deported from Iran since the beginning of 2018; whereas the Government of Pakistan has announced that the 1.7 million Afghan refugees registered in the country will need to be forcibly returned to Afghanistan;

P.  whereas according to the UN, corruption in Afghanistan undermines the legitimacy of the state, posing a serious threat to good governance and sustainable development by preventing ‘a real economy from emerging’;

Q.  whereas Afghanistan is a low-income, post-conflict and landlocked country, representing special challenges to the international community and its institutions;

R.  whereas according to the Global Adaptation Index, Afghanistan is one of the world’s most vulnerable countries to climate change;

S.  whereas new threats and international crises are arising, causing the public to lose focus, support, and concern for the situation in Afghanistan;

T.  whereas an estimated 87 % of Afghan women suffer from gender-related violence; whereas Afghanistan ranks 153rd out of 160 countries on the 2017 UN Gender Inequality Index;

U.  whereas in 2017, opium cultivation in Afghanistan reached a record high, with a 63 % increase compared to 2016; whereas illicit trafficking of opiates further fuels instability and insurgency and increases funding to terrorist groups in Afghanistan;

V.  whereas for the first time the Afghan budget of 2018 adheres to international standards for projections and accounting;

W.  whereas the EU Police Mission in Afghanistan came to a close in 2016 after nine years of progress;

Politico-strategic aspects

1.  Remains committed to supporting the Afghan Government in its efforts to build a secure and stable future for the people of Afghanistan by undertaking key reforms in order to improve governance and the rule of law, to fight terrorism and extremism, to achieve sustainable peace and development, to build legitimate, democratic institutions, to foster resilience in the face of the national and regional security challenges, to ensure the respect of human rights, including the rights of women, children, ethnic and religious minorities, to fight corruption, to counter narcotics, to improve fiscal sustainability and to foster inclusive and sustainable economic growth and social and rural development, providing young people, who represent two thirds of the population, with a better future; stresses that a peaceful resolution to the conflict in Afghanistan is needed and that all efforts should be directed towards that most urgent objective;

2.  Underscores that the long-term development of Afghanistan will depend on accountability, good governance, the sustainable provision of human security, including the reduction of poverty and the creation of job opportunities, access to social and health services, education and the protection of fundamental freedoms and human rights, including the rights of women and minorities; stresses the need to manage affairs in a manner that ensures inclusive economic growth and favourable conditions for sustainable foreign investment that benefits the people of Afghanistan, with full respect for social, environmental and labour standards;

3.  Is concerned by the fragility and instability of the central government and the lack of control it exerts in much of the country, which exacerbates the conflict’s impact on the civilian population; calls on the EU and the international community to facilitate mediation in cases such as unresolved post-electoral issues;

4.  Calls on the EU to assist in efforts against the long-term trend of inter-ethnic tensions that contributes to the disintegration of central power and to support the rich multi-ethnic fabric of Afghan society;

5.  Emphasises its long-term support for credible, free, fair and transparent elections, in line with international standards, and expresses its support for EU election observation in the country, including observation of the 2019 presidential election; stresses that due to chronic political rivalries the result of these elections will have a tremendous impact on the future stability of the Afghan Government;

6.  Emphasises the vast economic potential of the country owing to its geographical position and its human and natural resources;

7.  Emphasises the EU’s substantial financial and political support for Afghanistan’s social and economic development, humanitarian aid and regional connectivity; urges further efforts towards joint programming between the EU and its Member States;

8.  Stresses, in this regard, the need for increased EU-US policy coordination and dialogue on Afghanistan and regional issues;

9.  Welcomes the Joint Communique adopted at the UN-hosted Geneva Ministerial Conference on Afghanistan of 27-28 November 2018, with a view to the commitments made at the 2016 Brussels Conference on Afghanistan;

Role and responsibility of regional actors

10.  Recalls that Afghanistan is a landlocked country situated at the junction connecting Asia and the Middle East and recognises that support and positive co-operation from neighbouring countries and regional powers, in particular China, Iran, India, Russia and Pakistan, are essential to the stabilisation, development and economic viability of Afghanistan; regrets that a stable and successful Afghanistan is not always the end goal for these regional actors and underlines the crucial role of these countries in the stabilisation and peace process; asks neighbouring countries to refrain in future from blocking Afghan exports, as has occurred in the past;

11.  Stresses that the mobility and sustained activity of terrorist networks operating in Afghanistan, and also in Pakistan, contribute to the instability of the situation in the whole region;

12.  Underlines that Afghanistan is often subject to antagonistic objectives of regional powers; urges them to fully support peace efforts in Afghanistan; supports regional cooperation forums, however is concerned at the parallel proxy involvement of some of Afghanistan’s neighbours in the conflict, undermining peace efforts; calls on those neighbours to refrain from involving proxies in their rivalries in Afghanistan and urges both neighbours and regional powers to fully cooperate in order to achieve long-lasting and sustainable peace in Afghanistan;

13.  Urges the EU to increase its efforts at dialogue and cooperation with regional partners to combat drug trafficking, money laundering, terrorist financing and human smuggling;

14.  Emphasises the fundamental importance of infrastructure and regional development in Afghanistan in improving trade and connectivity between countries of Central and South Asia, and as a stabilising factor in the region;

15.  Calls on the EU to include considerations about EU-Afghanistan cooperation in its strategies for Central and South Asia;

Security and peace building

16.  Remains deeply concerned by the continuing deterioration of the security situation in Afghanistan and the ongoing territorial gains of the Taliban militants and various terrorist groups such as IS-KP, which seems to be strongly reinforced by the presence of foreign fighters; strongly condemns attacks committed by them against Afghan civilians, security forces, institutions and civil society; reiterates its full commitment to fighting all forms of terrorism and pays tribute to all coalition and Afghan forces and civilians who have paid the ultimate price for a democratic, inclusive, prosperous, secure and stable Afghanistan; notes that more than half of the anti-government attacks in 2018 were attributed to IS-KP, whose aim is to disrupt and derail the reconciliation and peace process; notes with concern that the current jihadist organisations, IS-KP, Al Qaeda and their various subsidiaries, have managed to adapt and take root, representing a major security challenge for Afghanistan, the region and Europe;

17.  Emphasises the EU’s continued support for the inclusive Afghan-led and Afghan-owned peace and reconciliation process, including the implementation of the peace deal agreed with Hezb-e-Islami; is ready to contribute to this with all appropriate EU instruments as soon as there is a meaningful peace process; calls on the Taliban to denounce violence, join the peace process and accept the Afghan Constitution; underlines its support for the comprehensive peace offer to the Taliban made repeatedly by the government; calls on civil society to be fully involved in those talks; recognises that the question of a long-term combined international security presence needs to be addressed in order to assist the Afghan security forces in stabilising the country and preventing it from becoming once again a safe haven for terrorist groups and a source of regional instability; calls on all parties to the conflict to respect international humanitarian law;

18.  Welcomes the first ceasefire period since 2001, Eid al-Fitr, which demonstrated a widespread desire for peace among Afghans; calls on the Taliban to adhere to the calls from the Afghan President for a new ceasefire period;

19.  Highlights that four decades of war and conflict, starting with the Soviet invasion of Afghanistan in 1979, led to many of the unresolved problems that Afghanistan faces today; in this regard acknowledges the role of young people and the Afghan diaspora in the process of building a more secure and better future for the country; calls on the EU to support transitional justice for the victims of the violence;

20.  Notes that following the closure in December 2016 of the Common Security and Defence Policy mission EUPOL Afghanistan, providing specialised training and advice to the Afghan National Police and the Ministry of the Interior, the Union has continued its cooperation with the Afghan police through the EU’s external instruments, such as that the Instrument contributing to Stability and Peace (IcSP), which also finances reconciliation actions;

21.  Notes that the ISAF mission successfully built the Afghan National Security Forces from scratch into a capable force of 352 000 soldiers and police officers with infantry, military police, intelligence, route clearance, combat support, medical, aviation and logistical capabilities, thereby combatting insurgent influence within the country;

22.  Notes that ISAF created a secure environment for improving governance and economic development, which led to the largest percentage gain of any country in basic health and other development indicators; notes that the success of ISAF also led to the emergence of a vibrant media and that millions of Afghans now exercise their right to vote;

23.  Further encourages NATO’s Resolute Support mission to continue its training and oversight of the Afghan army; encourages the Member States to offer civilian crisis management training to the national and local governments of Afghanistan;

24.  Encourages NATO and the EU to work together to gather intelligence on insurgent groups that threaten Afghanistan and jointly coordinate policy recommendations to the Afghan security forces;

25.  Regrets deeply that the Taliban and other insurgent groups use the presence of the EU and the international community in Afghanistan, and the developments they have achieved, for propaganda purposes, to promote the narrative that foreign occupiers are impeding on the Afghan country and way of life; encourages the EU and the Afghan Government to counteract such propaganda;

26.  Underscores the fact that combating the financing of terrorism is key to creating an environment conducive to security in Afghanistan; urges all relevant partners to enhance their efforts at dismantling all terrorist financing networks, including ending the misuse of hawala networks and international donations for this purpose, in order to fight radicalisation, extremism and the recruitment tools that Afghan terrorist organisations continue to rely upon;

27.  Urges the Afghan Government to take all necessary measures to ensure that the prevention and countering of the spread of extremist ideologies be among its top priorities;

28.  Supports the Afghanistan Peace and Reintegration Programme, which reintegrates members of the Taliban who surrender themselves and renounce violence back into society; applauds the UK for already having contributed over GBP 9 million;

29.  Calls on the Government of Afghanistan to fully implement the UN Security Council Resolutions on Women, Peace and Security, and to ensure women’s participation, protection and rights across the conflict cycle, from conflict prevention to post-conflict reconstruction;

30.  Encourages the Afghan Government to develop effective chemical, biological, radiological and nuclear (CBRN) counter-measures; urges the EU to provide operational, technical and financial support for CBRN capacity building;

31.  Encourages the Afghan Government to enhance its domestic control systems to counter the widespread circulation of small arms and light weapons (SALW) in line with existing international standards;

State building

32.  Stresses the need for the Government of Afghanistan and the international community to step up efforts to stamp out corruption in the country, as well as to strengthen responsive and inclusive institutions and to improve local governance as critical steps in the building of a stable and legitimate state that is able to prevent conflict and insurgency; calls on the Afghan Government to enhance national capacity to recover stolen assets through programmes such as the Stolen Asset Recovery Initiative run by the World Bank Group and the UN Office on Drugs and Crime (UNODC);

33.  Calls on the Government of Afghanistan to increase political inclusiveness, strengthen accountability and actively combat corruption;

34.  Stresses that the gap between the national and local governments of Afghanistan needs to be bridged; recognises that this problem could potentially be mitigated if the Afghan Government enforced the statute that requires regional governors to be present in the territories they represent;

35.  Calls on the EU to ensure that EU funds are invested in projects that help the Afghan population and that adequate support is provided to municipalities in their provision of essential services and in the building of local governance, so as to ensure basic living standards for the population, to ensure coordination between central authorities and local municipalities in order to identify the priorities in which to invest, to enhance support to civil society, notably human rights defenders and, in particular, to prioritise funding for projects that support actors promoting accountability, human rights and democratic principles and that foster locally embedded dialogue and conflict resolution mechanisms;

36.  Calls for the EU to continue its phasing-out plan following the closure of the EUPOL mission, which includes ensuring a sustainable transition of activities to EUPOL’s local and international partners; urges all parties to continue their efforts to develop the Afghan National Police into a professional force for safety and security, strengthen all law enforcement institutions, with a particular focus on the independence of the judicial system, the police and on improving the state of Afghan prisons, as well as respecting the rights of inmates;

37.  Regrets that counter-narcotics campaigns in Afghanistan have been failing and that insufficient efforts have been made to target Taliban drug labs and international organised criminal networks, which sit at the heart of drug trafficking and provide funding for the Taliban and terrorist operations; supports and endorses the Government of Afghanistan’s new counter-narcotics strategy, backed by the UNODC; is concerned by the increase of opium cultivation in Afghanistan(16) and calls on the Government of Afghanistan to put in place targeted policies to reverse this trend; notes that it is critical to generate tangible and sustainable alternatives to poppy production and to make these available to producers;

38.  Underlines that the main sources of Taliban income are illegal mining and the production of opium; notes that it is currently estimated that the Taliban brings in revenues of EUR 200-300 million per year from illegal mining activities;

39.  Calls for the addition of appropriate checks and balances and increased transparency to ensure the effectiveness of public administration, including financial management, as well as the prevention of any misuse of foreign or development aid, in line with the Paris Declaration on Aid Effectiveness;

40.  Welcomes the fact that the EU signed a State Building Contract (SBC) with Afghanistan in 2016, allocating EUR 200 million over two years in budget support in order to strengthen government institutions and increase resources for development priorities such as generating economic growth, reducing poverty and fighting corruption; stresses that resources must be used effectively;

41.  Notes that the SBC draws on an overall positive review of the progress made by Afghanistan on key reform areas; recognises the importance of the outlining of the goals that the SBC has put forward and the conditions for funding; further emphasises the importance of oversight and systematic monitoring to prevent misuse; underlines the importance of focus on development and stability by the Afghan Government; calls on the Commission to keep Parliament regularly informed of the implementation of the SBC and emphasises that its findings in this regard should be used to prepare the continuation of the budget support operation for the period 2018-2021;

Civil society and human rights

42.  Welcomes the fact that the EU-Afghanistan CAPD emphasises dialogue on human rights issues, in particular the rights of women, children, and ethnic and religious minorities in order to ensure access to resources and support the full exercise of their fundamental rights, including through employing more women in Afghanistan’s governmental structures, as well as in the security and judicial systems; calls on Afghanistan to work towards the eradication of all forms of violence and discrimination against women and girls; stresses the need to put more effort into the implementation of the CAPD provisions stated in Titles I and II;

43.  Insists that the EU maintain a strong stance on implementing human rights and stresses that democratic principles, human rights, particularly the rights of women and minorities, and the rule of law are essential elements of the Agreement; insists that the EU take specific measures if the Government of Afghanistan violates essential elements of the Agreement;

44.  Recalls that the EU is particularly focused on improving the conditions of women, children, disabled persons and people living in poverty, and that these groups are in special need of assistance, including in the areas of health and education;

45.  Welcomes the very prominent position accorded to gender equality and related policies in the Agreement, and its strong focus on civil society development; calls for the EU to further promote equality between women and men, and women’s empowerment, through its development efforts, bearing in mind that changing societal attitudes towards the socio-economic role of women calls for corresponding measures in awareness raising, education and the reform of the regulatory framework;

46.  Stresses the need for protection of ethnic and religious minorities which are threatened or under attack; notes that the Shiite Hazara ethnic group is more often targeted than other groups and therefore deserves particular attention;

47.  Calls for the strengthening and support of national and sub-national human rights-related institutions in Afghanistan, civil society organisations and academia; urges international counterparts to encourage closer cooperation and engagement with these Afghan partners;

48.  Supports the efforts of the ICC to ensure accountability for the war crimes and crimes against humanity allegedly committed since May 2003;

49.  Is concerned about the growing number of more violent and deliberate attacks on health facilities and health workers and the targeting of civilian infrastructure; urges all parties to respect their obligations under international human rights law and international humanitarian law, to prevent attacks against civilians and civilian infrastructure;

50.  Calls on the Afghan Government to introduce an immediate moratorium on the use of the death penalty as a step towards abolition;

Development and trade

51.  Recognises that the end goal of EU aid to Afghanistan is to help the country’s government and economy eradicate poverty and develop to a state of independence and growth with internal development and regional cooperation through external trade and sustainable public investment, in order to diminish over-reliance on foreign aid, by contributing to the social, economic and environmental development of Afghanistan;

52.  Notes that Afghanistan is one of the world’s largest recipients of development aid and that EU institutions committed EUR 3.6 billion in aid to the country between 2002 and 2016; regrets the fact that the proportion of Afghans living in poverty has risen from 38 % (2012) to 55 % (2017) and highlights the fact that the country has registered slow growth since 2014 with the drawdown of international security forces, accompanying reductions in international grants and a deteriorating security situation;

53.  Stresses the need to address the high rate of unemployment and fight poverty in order to work towards achieving peace and stability in the country;

54.  Emphasises that more job opportunities outside of farming and working for the government are needed in order to prevent young men from being recruited to the Taliban and other insurgent networks;

55.  Welcomes the 2016 Afghanistan National Peace and Development Framework (ANPDF) and the Self-Reliance through Mutual Accountability Framework (SMAF) adopted by the Afghan Government; calls for the EU and its Member States to continue supporting, through the CAPD, Afghan-owned development priorities in line with development effectiveness principles;

56.  Calls on the VP/HR and the Commission to evaluate all EU measures in Afghanistan on a regular basis by using explicit qualitative and quantitative indicators, especially with regard to development aid, good governance including the justice sector, respect for human rights and security; calls in this context also for an evaluation of the relative impact of EU measures on the overall situation in the country and the level of coordination and cooperation between EU actors and other international missions and measures, for the findings and recommendations to be published and reported on to Parliament;

57.  Regrets the fact that despite significant injections of foreign aid, the impact has been limited; invites the European Court of Auditors to draw up a special report on the effectiveness of EU assistance to Afghanistan over the last decade;

58.  Encourages the EU and other international agencies involved in the development of Afghanistan to work with the Afghan media to ensure the strategic communication of development efforts, their sources, purposes and impacts, to the Afghan people;

59.  Recalls that there is currently a lack of civilian experts in Afghanistan; encourages the EU and its Member States to employ and properly train civilian experts in key areas crucial to economic development and counter-narcotics to assist and train Afghan officials and locals;

60.  Underlines the need to support Afghanistan’s system of education to increase the number of children following school classes at all levels;

61.  Welcomes the fact that school enrolment has increased tenfold since 2001, with girls making up 39 % of pupils;

62.  Urges that particular attention be paid to the young generation and calls for the full use of programmes such as Erasmus+ and Horizon 2020 to establish links between educational institutions, academia, research sectors and small and medium-sized enterprises (SMEs);

63.  Supports EU and Member State actions contributing to the Afghanistan Reconstruction Trust Fund, which is co-managed by the World Bank and the Ministry of Finance of Afghanistan and works to deliver basic critical services with a specific focus on health and education;

64.  Welcomes Afghanistan’s accession to the WTO in 2016 and recognises the added value that trade and foreign direct investment will bring to Afghanistan’s future; recognises the positive role that WTO membership could have on the integration of Afghanistan into the world economy;

65.  Notes that following the country’s accession to the WTO in 2016, which increased Afghanistan’s ties to the global economy, the EU granted Afghanistan duty free and quota free access to the EU market, but recognises that further concrete measures are needed in order to allow the private sector to take advantage of this regime and as such increase its internal development;

66.  Stresses that Afghan authorities should develop a sustainable economic model with the principle of redistribution at its core; calls on the EU to support Afghanistan in its environmental development and energy transition, since provisions for clean and sustainable energy are essential to accelerate the implementation of the Sustainable Development Goals;

67.  Underlines that further efforts are need in order to increase the capacity of government institutions to formulate and implement trade strategies and policies, improve cross-border movement of goods and enhance the quality of products to meet international standards;

68.  Calls for the enhancement of business-to-business relations between EU-based companies and the Afghan private sector; encourages the implementation of favourable conditions for SME development;

69.  Supports and welcomes any development programme launched by the EU, an individual Member State or any member of the international community, which has as its goal assisting small business owners and entrepreneurs in navigating legal costs, regulations, and other barriers to production that would otherwise act to discourage businesses from entering the market and/or growing within the market;

70.  Recognises that mineral reserves in Afghanistan provide an economic opportunity for the country to generate revenue and jobs; notes that China has shown interest in these mineral reserves, with a particular emphasis on rare earth elements;

Migration

71.  Recognises that migration is an ongoing challenge for Afghanistan which presents issues for neighbouring countries and EU Member States; is concerned about the unprecedented numbers of returning migrants mainly from Pakistan and Iran, and to a lesser extent from Europe; recognises that issues relating to internally displaced persons and refugees are a result of the threat of violence from insurgent groups in Afghanistan, as well as economic and environmental factors; stresses that efforts by the EU and the international community should be focused on preventing the root causes of mass migration; welcomes the Afghan national return management strategy; is concerned, however, about the lack of standing integration policies of the Afghan authorities to manage the present returnees; is convinced that proper reintegration of returnees, especially of children, who must be guaranteed access to primary and secondary education, is crucial to ensure stability in the country and that people who have returned have not been subject to violence or coercion during return procedures;

72.  Underlines the fact that according to the UN Office for the Coordination of Humanitarian Affairs (OCHA), 5.5 million people are in need of humanitarian aid in Afghanistan, including internally displaced people following conflict or drought, and emphasises that drought has led to the forced displacement of more than 250 000 people in the north and west of the country; notes that the Humanitarian Response Plan is only 33.5 % funded and urges the EU and its Member States, therefore, to step up their endeavours to address key humanitarian challenges and human needs and to pay particular attention to vulnerable people, including those located in areas that are hard to reach;

73.  Regrets the fact that in spite of Article 28(4) of the CAPD, which states that the Parties should conclude a readmission agreement, no formal agreement has been achieved, but an informal one – the Joint Way Forward; deems it important that any agreements regarding readmission should be formalised in order to ensure democratic accountability; regrets the lack of parliamentary oversight and democratic control on the conclusion of the Joint Way Forward and stresses the importance of conducting continuous dialogue with the relevant actors in order to find a sustainable solution to the regional dimension of the issue of Afghan refugees;

74.  Regrets the migration wave from Afghanistan to the West, especially of the educated and the young, due to the lack of prospects in the country; underlines the EU assistance to improve Afghan emigrants’ lives disbursed in Pakistan and Iran; calls on those countries not to expel those persons, which could have a deeply negative effect on the stability and economy of Afghanistan; urges that the return of refugees to their homes be organised in a safe, orderly and voluntary manner;

75.  Applauds the Commission for establishing a major project in 2016 to better reintegrate returning migrants into Afghanistan, Bangladesh, and Pakistan with EUR 72 million earmarked specifically for Afghanistan between 2016 and 2020;

76.  Emphasises that EU development assistance to Afghanistan should not be seen exclusively through the prism of migration and the objectives of border management, and considers that development aid should address the root causes of migration effectively;

Sectoral cooperation

77.  Urges the Commission to present comprehensive strategies for each sector with the aim of ensuring widespread development in all areas of cooperation with Afghanistan;

78.  Calls for efforts to put the EU’s experience in capacity building and public administration and civil service reform to good use; highlights the urgent need to improve governance in the field of taxation; calls for support for civil society organisations, in full respect of their different ethnic, religious, social or political background;

79.  Underlines the fact that agriculture provides 50 % of the income of Afghanistan’s population and a quarter of its GDP; notes that the EU is committed to spending EUR 1.4 billion 2014 and 2020 on developmental projects in rural areas; further notes that these projects are crucial to ensuring that farmers do not move towards the black economy;

80.  Notes that 80 % of the Afghan population engages in subsistence agriculture in an environment hostile to agriculture, with poor irrigation methods; supports enhancing efforts to ensure food security;

81.  Notes with concern the current drought in Afghanistan, which is the worst in decades and threatens people, livestock and agriculture; is further concerned about frequent natural disasters such as flash floods, earthquakes, landslides and harsh winters;

82.  Notes with concern that harm to agricultural products such as wheat can lead to displacement, poverty, starvation, and in some cases movements to the black market, and that three million people are at extremely high risk of food security and loss of livelihood;

83.  Recognises that moving more of the value chain of food processing back into Afghanistan could increase income for families, increase food security, decrease food costs and provide more employment opportunities;

84.  Encourages the EU to continue its efforts at improving healthcare in Afghanistan and stresses the importance of vaccination for all people, but especially those who are particularly vulnerable to illness, such as children;

85.  Welcomes the fact that primary access to healthcare has increased from 9 % to more than 57 %, that life expectancy has increased from 44 to 60 and that these improvements were made possible by contributions from the EU, individual Member States and the international community; recognises, in the light of these achievements, that still more needs to be done to continue to raise the life expectancy and lower the mortality rate of women giving birth, as well as of newly born children;

86.  Strongly condemns the corrupt practices in the Afghan healthcare system, such as the importation of illegal pharmaceuticals, and urges the EU to continue to apply pressure on the Afghan Government to do more to prevent such corrupt practices;

87.  Reiterates the need for trained medical professionals within Afghanistan and encourages the EU and its Member States to continue to bring in medical professionals to train local doctors and medics;

88.  Notes that human trafficking and migrant smuggling causes harm on all sides, particularly to Afghan society; calls for the swift implementation of existing agreements, including on exchange of information, in order to dismantle the transnational criminal networks which benefit from instability and weak institutions;

Implementation of the CAPD

89.  Welcomes the CAPD as the first contractual relationship between the EU and Afghanistan;

90.  Notes that the CAPD provides the basis for developing relationships in various areas such as the rule of law, health, rural development, education, science and technology, anti-corruption, money laundering, the financing of terrorism, organised crime and narcotics, migration, nuclear security, WMD non-proliferation and climate change;

91.  Welcomes the establishment of the joint cooperation bodies at executive level, with an emphasis on holding regular dialogues on political issues including human rights, in particular the rights of women and children, which are essential elements of this agreement, and addressing challenges and creating opportunities for a stronger partnership;

92.  Expresses concern that the CAPD lacks provisions on joint parliamentary scrutiny of its implementation; promotes the role of the European Parliament, the parliaments of the Member States and the Afghan Parliament in monitoring the implementation of the CAPD;

93.  Takes note of the replacement of the EU Special Representative for Afghanistan by a Special Envoy as of September 2017, streamlined within the EEAS structure;

94.  Regrets that the Council proceeded with a decision on provisional application in areas which are subject to Parliament’s consent, notably the chapter on cooperation in trade and investment matters, which fall within the exclusive competences of the EU, rather than requesting ratification early in the process, prior to taking this step; considers that this decision runs counter to the principle of sincere cooperation enshrined in Article 4(3) of the TEU and undermines Parliament’s legal rights and responsibilities;

o
o   o

95.  Instructs its President to forward this resolution to the Council, the Commission, the VP/HR, the EU Special Envoy for Afghanistan, the governments and parliaments of the Member States, and the Government and Parliament of the Islamic Republic of Afghanistan.

(1) OJ L 67, 14.3.2017, p. 3.
(2) Texts adopted, P8_TA-PROV(2019)0169.
(3) OJ C 65, 19.2.2016, p. 133.
(4) OJ C 169 E, 15.6.2012, p. 108.
(5) OJ C 168 E, 14.6.2013, p. 55.
(6) OJ C 378, 9.11.2017, p. 73.
(7) OJ C 349, 17.10.2017, p. 41.
(8) OJ C 366, 27.10.2017, p. 129.
(9) OJ C 66, 21.2.2018, p. 17.
(10) OJ C 298, 23.8.2018, p. 39.
(11) OJ C 337, 20.9.2018, p. 48.
(12) OJ C 369, 11.10.2018, p. 85.
(13) Council Decisions of 10 November 2011 (16146/11 and 16147/11).
(14) EASO Country of Origin Information Report, Afghanistan Security Situation - Update, May 2018, https://coi.easo.europa.eu/administration/easo/PLib/Afghanistan-security_situation_2018.pdf
(15) US Special Inspector General for Afghanistan Reconstruction (SIGAR), Quarterly report to the United States Congress, 30 October 2018, https://www.sigar.mil/pdf/quarterlyreports/2018-10-30qr.pdf
(16) https://www.unodc.org/unodc/en/frontpage/2018/May/last-years-record-opium-production-in-afghanistan-threatens-sustainable-development--latest-survey-reveals.html


Participation of Norway, Iceland, Switzerland and Liechtenstein in eu-LISA ***
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European Parliament legislative resolution of 13 March 2019 on the draft Council decision on the conclusion, on behalf of the Union, of the Arrangement between the European Union, of the one part, and the Kingdom of Norway, the Republic of Iceland, the Swiss Confederation and the Principality of Liechtenstein, of the other part, on the participation by those States in the European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (15832/2018 – C8-0035/2019 – 2018/0316(NLE))
P8_TA-PROV(2019)0171A8-0081/2019

(Consent)

The European Parliament,

–  having regard to the draft Council decision (15832/2018),

–  having regard to the draft arrangement between the European Union and the Kingdom of Norway, the Republic of Iceland, the Swiss Confederation and the Principality of Liechtenstein (12367/2018),

–  having regard to the request for consent submitted by the Council in accordance with Articles 74, 77(2)(a) and (b), 78(2)(e), 79(2)(c), 82(1)(d), 85(1), 87(2)(a) and 88(2) and Article 218(6), second subparagraph, point (a)(v) of the Treaty on the Functioning of the European Union (C8-0035/2018),

–  having regard to Rule 99(1) and (4) and Rule 108(7) of its Rules of Procedure,

–  having regard to the recommendation of the Committee on Civil Liberties, Justice and Home Affairs (A8-0081/2019),

1.  Gives its consent to conclusion of the arrangement;

2.  Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of Kingdom of Norway, the Republic of Iceland, the Swiss Confederation and the Principality of Liechtenstein.


Scope and mandate for EU Special Representatives
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European Parliament recommendation of 13 March 2019 to the Council, the Commission and the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy on the scope and mandate for EU Special Representatives (2018/2116(INI))
P8_TA-PROV(2019)0172A8-0171/2019

The European Parliament,

–  having regard to Articles 2, 3, 6, 21, 33 and 36 of the Treaty on European Union (TEU),

–  having regard to the Council decision of 26 July 2010 establishing the organisation and functioning of the European External Action Service(1),

–  having regard to the declaration by the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy (VP/HR on political accountability(2),

–  having regard to the Annual Reports from the High Representative of the European Union for Foreign Affairs and Security Policy to the European Parliament on the implementation of the Common Foreign and Security Policy,

–  having regard to the EU Annual Reports on Human Rights and Democracy in the World,

–  having regard to the Interinstitutional Agreement of 20 November 2002 between the European Parliament and the Council concerning access by the European Parliament to sensitive information of the Council in the field of security and defence policy,

–  having regard to the Guidelines on appointment, mandate and financing of EU Special Representatives of 9 July 2007 and to the Council Note (7510/14) of 11 March 2014;

–  having regard to its resolution of 8 July 2010 on the proposal for a Council decision establishing the organisation and functioning of the European External Action Service(3),

–  having regard to the Global Strategy for the European Union’s Foreign and Security Policy presented by the VP/HR on 28 June 2016, and the subsequent implementation reports,

–  having regard to the EU Guidelines to promote and protect the enjoyment of all human rights by lesbian, gay, bisexual, transgender and intersex (LGBTI) persons, adopted by the Council in 2013,

–  having regard to the 1975 Helsinki Final Act of the Organisation for Security and Cooperation in Europe (OSCE) and all its principles, as a cornerstone document for the European and wider regional security order,

–  having regard to its resolutions on the Annual Reports from the High Representative of the European Union for Foreign Affairs and Security Policy to the European Parliament on the implementation of the Common Foreign and Security Policy,

–  having regard its resolutions on the EU Annual Reports on Human Rights and Democracy in the World,

–  having regard to its recommendation of 15 November 2017 to the Council, the Commission and the EEAS on the Eastern Partnership, in the run-up to the November 2017 summit(4),

–  having regard to its resolution of 4 July 2017 on addressing human rights violations in the context of war crimes, and crimes against humanity, including genocide(5),

–  having regard to its resolutions on Ukraine calling for the appointment of an EU Special Representative (EUSR) for Crimea and the Donbas region,

–  having regard to its recommendation to the Council of 13 June 2012 on the EU Special Representative on Human Rights(6),

–  having regard to Rule 110 and Rule 113 of its Rules of Procedure,

–  having regard to the report of the Committee on Foreign Affairs (A8-0171/2019),

A.  whereas the EU has the ambition to be a stronger global actor, not only economically but also politically, striving with its actions and policies to contribute to the maintenance of international peace and security and a rules-based global order;

B.  whereas the EU Special Representatives (EUSRs) are appointed by the Council on a proposal from the VP/HR, with the mandate of advancing particular goals of a thematic or geographically specific political or security nature; whereas they have proven to be a valuable and flexible instrument for EU diplomacy, as they can personalise and represent the EU in crucial places and situations, with the backing of all Member States; whereas the flexibility of the EUSRs’ mandates means that they are operational instruments which can be deployed quickly when concerns arise in certain countries or on certain themes;

C.  whereas, thanks to their frequent presence in the field, EUSRs have a privileged position to establish a dialogue with civil society and local actors as well as to conduct research on the ground; whereas this direct experience allows them to contribute constructively to policy and strategy formulation;

D.  whereas there are currently five regional EUSRs (for the Horn of Africa, the Sahel, Central Asia, the Middle East Peace Process, and the South Caucasus and the crisis in Georgia), two country-specific EUSRs (Kosovo and Bosnia and Herzegovina), and one thematic EUSR, responsible for human rights;

E.  whereas currently only two EUSRs are women;

F.  whereas in the case of EUSRs appointed with mandates for specific countries, the ‘double-hatting’ by which the EUSR is simultaneously the head of the EU Delegation to the country concerned has contributed to the coherence and efficiency of the EU’s external presence; whereas the deployment of further country-specific EUSRs needs to be consistent with the EU’s external action strategies, given the strengthening of the EU Delegations via the Lisbon Treaty, through which they acquired responsibility for coordination of all EU action on the ground, including CFSP policies;

G.  whereas there are other high-priority areas and conflicts, including in the EU’S immediate neighbourhood, that require special focus, more involvement and EU visibility, such as Russia’s aggression in Ukraine and illegal occupation of Crimea;

H.  whereas the EUSRs have proved their usefulness, notably in their conducting of high-level political dialogues and their capacity to reach high-level partners in very sensitive political environments;

I.  whereas the EUSRs are financed out from the CFSP budget, as co-decided by Parliament, and are accountable for budget implementation vis-à-vis the Commission;

J.  whereas the VP/HR has committed to respond positively to requests by the European Parliament to hear newly appointed EUSRs before they take up their posts and to facilitate regular briefings of Parliament by the EUSRs;

K.  whereas EUSRs are selected from among individuals who have previously held senior diplomatic or political office in their country or in international organisations; whereas they enjoy a substantial degree of flexibility and discretion as to how their mandate is executed, which can be conducive to reaching set goals, implementing strategies and providing added value to the EU;

L.  whereas the key role of EUSRs is to contribute to the unity, consistency, coherence and effectiveness of the EU’s external action and representation; whereas they demonstrate the EU's interest in a given country, region or thematic area and strengthen its visibility, and contribute to the implementation of a given EU strategy or policy towards the mandated country, region or thematic issue;

1.  Recommends the following to the Council, the Commission and the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy:

On the mandate

On the tools

On the personal profile

On the areas covered

On interaction and cooperation

   a) to present a strategic reflection on the use, role, mandates and contribution of the EUSRs in light of the implementation of the EU Global Strategy;
   b) to ensure that EUSRs are only appointed if there is a clear added value in using this instrument, i.e. if their tasks cannot be efficiently fulfilled by existing structures within the EEAS, including by EU Delegations, or within the Commission;
   c) to ensure that EUSRs are primarily used to step up EU efforts in conflict prevention and resolution and implementation of the EU strategies, in particular through mediation and dialogue facilitation, and to advance EU policy objectives in specific thematic fields, all within the remit of external relations and respecting international law;
   d) to avoid a proliferation of EUSRs and a fragmentation of their mandates which would create overlap with other EU institutions and lead to increased coordination costs;
   e) to ensure that the mandates and actions of EUSRs when addressing regional security and conflict prevention, mediation and resolution are guided by the principles of international law as outlined in the 1975 Helsinki Final Act and other crucial norms of international law, as well as by the peaceful settlement of disputes, as a key element of the European security order and as emphasised in the EU Global Strategy; and to comply with all rules and policies adopted by the EU towards the region or conflict covered within their sphere of responsibility;
   f) to consider all possible means to strengthen the role of the EUSRs as an effective tool of EU external policy, capable of developing and advancing EU foreign policy initiatives and promoting synergy, notably by ensuring that EUSRs can travel freely within the area covered by their mandate, including conflict zones, for the purpose of effective implementation of their tasks;
   g) to ensure greater transparency and visibility of the work of the EUSRs, including by public reporting on country visits, work programme and priorities, as well as the creation of individual webpages to allow public scrutiny of their action;
   h) to reinforce the assets that constitute the added value of the EUSR, namely legitimacy built on the backing of the VP/HR and the Member States, country/regional/thematic responsibilities, political weight, flexibility, and enhancing the EU's presence and visibility in partner countries, thus strengthening the EU's profile as an effective international actor;
   i) to permit an adequate length of mandate that creates a perspective enabling the hiring of qualified senior staff and allows implementation of the mandate, as well as confidence-building with partners, establishing networks and influencing processes; to ensure regular review in line with developments in the country/region or subject concerned and also allow for prolongation of the mandate if required by circumstances;
   j) to contribute to implementation of an EU policy or strategy towards the mandated area and to the formulation or revision of strategies or policies;
   k) to ensure that conflict prevention and resolution, mediation and dialogue facilitation, as well as fundamental freedoms, human rights, democracy, the rule of law and gender equality, are viewed as horizontal priorities and therefore as cornerstones of the scope of the EUSRs' mandates, and that adequate reporting on action taken in these areas is ensured;
   l) to require evaluation and monitoring procedures covering results attained, obstacles encountered, indication of key challenges, input to policy formulation, and assessment of the coordination of EUSR activities with other EU actors, in order to favour exchanges of best practices amongst EUSRs as well as to assess performance and consider the renewal and review of mandates;
   m) to ensure the coherence of the mandate for Central Asia with the 2007 EU Strategy for Central Asia, reviewed in 2015 in order to enhance the Union's effectiveness and visibility in the region;
   n) to introduce an extensive ‘cooling-off’ period for EUSRs, with a view to ensuring the highest possible level of ethical standards for cases of conflict of interest;
   o) to ensure that Parliament’s Committee on Foreign Affairs is involved in the drafting of the mandates, new and extended, of the EUSRs;
   p) to maintain the flexibility and autonomy that EUSRs currently enjoy as a distinctive CFSP instrument with a separate financing source and a privileged relationship with the Council; to strengthen, however, at the same time, the coordination and reporting links with the related EEAS managing directorates (regional, thematic, CSDP and crisis response) and with the related DGs of the Commission; to ensure a swift and transparent nomination and confirmation process;
   q) to address the shortcomings in maintaining institutional memory and continuity between outgoing and incoming EUSRs by reinforcing logistical and administrative support from the EEAS, including archiving, and by primarily seconding policy advisors from the EEAS and other EU institutions as appropriate to join the EUSR teams;
   r) to appoint as EUSRs persons with extensive diplomatic and political expertise and an appropriate profile, ensuring in particular that they have the political clout needed to establish links and mutual trust with high-level interlocutors; to profit in this regard from the existing pool of persons with political and diplomatic experience across the EU; to respect gender and geographic balance; to make sure that the decision of appointing a specific person is made in a transparent manner and only after confirming the candidate's admissibility, in particular with regard to any potential conflict of interests and to ensuring that the candidate meets the standards of ethical conduct;
   s) to ensure that the appointment of EUSRs may only be confirmed after a positive evaluation by Parliament’s Committee on Foreign Affairs;
   t) to provide greater ease of access to information and justification concerning selected candidates;
   u) to focus the mandates of the EUSRs on strengthening regional security and on conflict prevention and resolution, especially through facilitating dialogue and mediation in which EU engagement can bring added value; to ensure that in case of thematic focus, appointment of an EUSR does not duplicate or undermine the role of the Commission and the EEAS;
   v) taking into account the role of EUSRs as a specific diplomatic tool in EU external action and recognising the importance of the stability of the European Neighbourhood, to encourage EUSRs to develop ever closer relations with the countries affected by protracted conflicts, with the emphasis on the strong need for EUSRs to contribute to the peaceful settlement of conflicts in the neighbourhood of the EU;
   w) to welcome the appointment of the new EUSR for Human Rights and acknowledge the work of the previous holder of the post, who successfully fulfilled his role of enhancing the effectiveness and visibility of EU human rights policy; notes that the post’s responsibilities have been expanded to include promoting compliance with international humanitarian law and promoting support for international criminal justice;
   x) to strengthen the capacity and role of the EUSR for Human Rights, taking into account that this position has a worldwide mandate that therefore requires and implies political dialogue with third countries, relevant partners, business, civil society and international and regional organisations, and action in relevant international fora;
   y) while being mindful of the importance of not significantly increasing the number of EUSRs so as not to detract from their special nature, to phase out the mandates of the existing country-specific EUSRs and, pending the overall division of responsibilities in the next Commission and the EEAS, to consider the appointment of regional EUSRs; to consider appointing thematic EUSRs for the international coordination of the fight against climate change, for international humanitarian law and international justice, and for disarmament and non-proliferation, in the last-named case to take over from the current EU Special Envoy for this area;
   z) to appoint a new EUSR for Ukraine, focusing in particular on Crimea and Donbas, to be responsible for monitoring the human rights situation in occupied territories, implementation of the Minsk Agreements, de-escalation in the Sea of Azov and pursuing the rights of internally displaced persons (IDPs), as previously called for by Parliament in its resolutions;
   aa) to reinforce the interaction and coordination of EUSRs with the different EU institutions, civil society and the Member States so as to ensure maximum synergy and coherent engagement of all actors; to strengthen the involvement of EUSRs in the EU Conflict Early Warning System; to ensure there are no overlaps with other high- level diplomatic figures such as EU Special Envoys; and to ensure cooperation with other like-minded partners and envoys, including those appointed by the UN, NATO and the US;
   ab) considering that the European Parliament is co-legislator for the civilian part of the CFSP budget, which is administered by the Service for Foreign Policy Instruments (FPI), to reinforce Parliament’s oversight of the EUSRs’ activities and to enhance their level of accountability and the transparency of their work, recalling that this goal can be achieved by sharing information on a regular basis about the EUSRs’ implementation of their mandate, their work and achievements and the challenges they face, through regular and at least yearly meetings and exchanges of views between EUSRs and the relevant EP bodies, in particular its Committee on Foreign Affairs and its Subcommittees on Human Rights and on Security and Defence, as well as by systematic sharing with the EP of reports and country strategies sent by EUSRs to the Political and Security Committee (PSC) within the Council and to the EEAS; and, to this end, to insist that these documents be included within the Interinstitutional Agreement in the area of the CFSP;
   ac) to encourage interaction and facilitate dialogue with civil society and citizens, in the regions covered by EUSRs, as a part of the preventive diplomacy and mediation processes, and also in the interests of the EU’s visibility; to ensure, in particular, that EUSRs exhibit a proactive engagement towards civil society actors, human rights defenders or dissenting voices who may be under threat or targeted by the local authorities;

2.  Recommends that the next European Parliament should require a commitment from the new VP/HR to come up, within the first six months of his or her mandate, with a strategic reflection on the use of EUSRs, in the context of the implementation of the Global Strategy and along the lines of the principles and recommendations set out above;

3.  Instructs its President to forward this recommendation to the Council, the Commission, the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, and the EU Special Representatives.

(1) OJ L 201, 3.8.2010, p. 30.
(2) OJ C 210, 3.8.2010, p. 1.
(3) OJ C 351E, 2.12.2011, p. 454.
(4) Texts adopted, P8_TA(2017)0440.
(5) Texts adopted, P8_TA(2017)0288.
(6) OJ C 332E, 15.11.2013, p. 114.


Accessibility requirements for products and services ***I
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Resolution
Consolidated text
European Parliament legislative resolution of 13 March 2019 on the proposal for a directive of the European Parliament and of the Council on the approximation of the laws, regulations and administrative provisions of the Member States as regards the accessibility requirements for products and services (COM(2015)0615 – C8-0387/2015 – 2015/0278(COD))
P8_TA-PROV(2019)0173A8-0188/2017

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2015)0615),

–  having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0387/2015),

–  having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis,

–  having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–  having regard to the opinion of the European Economic and Social Committee of 25 May 2016(1),

–  having regard to the provisional agreement approved by the committee responsible under Rule 69f(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 19 December 2018 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

–  having regard to Rules 59 and 39 of its Rules of Procedure,

–  having regard to the report of the Committee on the Internal Market and Consumer Protection and the opinions of the Committee on Employment and Social Affairs, the Committee on Transport and Tourism, the Committee on Culture and Education, the Committee on Women’s Rights and Gender Equality and the Committee on Petitions (A8-0188/2017),

1.  Adopts its position at first reading hereinafter set out(2);

2.  Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Position of the European Parliament adopted at first reading on 13 March 2019 with a view to the adoption of Directive (EU) 2019/… of the European Parliament and of the Council on the accessibility requirements for products and services

P8_TC1-COD(2015)0278


(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee(3),

Acting in accordance with the ordinary legislative procedure(4),

Whereas:

(1)  The purpose of this Directive is to contribute to the proper functioning of the internal market by approximating laws, regulations and administrative provisions of the Member States as regards accessibility requirements for certain products and services by, in particular, eliminating and preventing barriers to the free movement of certain accessible products and services arising from divergent accessibility requirements in the Member States. This would increase the availability of accessible products and services in the internal market and improve the accessibility of relevant information.

(2)  The demand for accessible products and services is high and the number of persons with disabilities is projected to increase significantly ▌. An environment where products and services are more accessible allows for a more inclusive society and facilitates independent living for persons with disabilities. In this context, it should be borne in mind that the prevalence of disability in the Union is higher among women than among men.

(3)  This Directive defines persons with disabilities in line with the United Nations Convention on the Rights of Persons with Disabilities, adopted on 13 December 2006 (UN CRPD), to which the Union has been a Party since 21 January 2011 and which all Member States have ratified. The UN CRPD states that persons with disabilities "include those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others". This Directive promotes full and effective equal participation by improving access to mainstream products and services that, through their initial design or subsequent adaptation, address the particular needs of persons with disabilities.

(4)  Other persons who experience functional limitations, such as elderly persons, pregnant women or persons travelling with luggage, would also benefit from this Directive. The concept of “persons with functional limitations”, as referred to in this Directive, includes persons who have any physical, mental, intellectual or sensory impairments, age related impairments, or other human body performance related causes, permanent or temporary, which, in interaction with various barriers, result in their reduced access to products and services, leading to a situation that requires those products and services to be adapted to their particular needs.

(5)  The disparities between the laws, regulations and administrative provisions of Member States concerning the accessibility of products and services for persons with disabilities, create barriers to the free movement of products and services and distort effective competition in the internal market. For some products and services, those disparities are likely to increase in the Union after the entry into force of the UN CRPD. Economic operators, in particular small and medium-sized enterprises (SMEs), are particularly affected by those barriers.

(6)  Due to the differences in national accessibility requirements, individual professionals, SMEs and microenterprises in particular are discouraged from entering into business ventures outside their own domestic markets. The national, or even regional or local, accessibility requirements that Member States have put in place currently differ as regards both coverage and level of detail. Those differences negatively affect competitiveness and growth, due to the additional costs incurred in the development and marketing of accessible products and services for each national market.

(7)  Consumers of accessible products and services and of assistive technologies, are faced with high prices due to limited competition among suppliers. Fragmentation among national regulations reduces potential benefits derived from sharing with national and international peers experiences concerning responding to societal and technological developments.

(8)  The approximation of national measures at Union level is therefore necessary for the proper functioning of the internal market in order to put an end to fragmentation in the market of accessible products and services, to create economies of scale, to facilitate cross-border trade and mobility, as well as to help economic operators to concentrate resources on innovation instead of using those resources to cover expenses arising from fragmented legislation across the Union.

(9)  The benefits of harmonising accessibility requirements for the internal market have been demonstrated by the application of Directive 2014/33/EU of the European Parliament and of the Council(5) regarding lifts and Regulation (EC) No 661/2009 of the European Parliament and of the Council(6) in the area of transport.

(10)  In Declaration No 22, regarding persons with a disability, annexed to the Treaty of Amsterdam, the Conference of the Representatives of the Governments of the Member States agreed that, in drawing up measures under Article 114 of the Treaty on the Functioning of the European Union (TFEU), the institutions of the Union are to take account of the needs of persons with disabilities.

(11)  The overall aim of the communication of the Commission of 6 May 2015 'A Digital Single Market Strategy for Europe', is to deliver sustainable economic and social benefits from a connected digital single market, thereby facilitating trade and promoting employment within the Union. Union consumers still do not enjoy the full benefits of prices and choice that the single market can offer, because cross-border online transactions are still very limited. Fragmentation also limits demand for cross-border e-commerce transactions. There is also a need for concerted action to ensure that ▌electronic content, electronic communications services and access to audiovisual media services are ▌ fully available to persons with disabilities. It is therefore necessary to harmonise accessibility requirements across the digital single market and to ensure that all Union citizens, regardless of their abilities, can enjoy its benefits.

(12)  Since the Union became a Party to the UN CRPD, its provisions have become an integral part of the Union legal order and are binding upon the institutions of the Union and on its Member States.

(13)  The UN CRPD requires its Parties to take appropriate measures to ensure that persons with disabilities have access, on an equal basis with others, to the physical environment, to transportation, to information and communications, including information and communications technologies and systems, and to other facilities and services open or provided to the public, both in urban and in rural areas. The United Nations Committee on the Rights of Persons with Disabilities has identified the need to create a legislative framework with concrete, enforceable and time-bound benchmarks for monitoring the gradual implementation of accessibility.

(14)  The UN CRPD calls on its Parties to undertake or promote research and development of, and to promote the availability and use of, new technologies, including information and communications technologies, mobility aids, devices and assistive technologies, suitable for persons with disabilities. The UN CRPD also calls for priority to be given to affordable technologies.

(15)  The entry into force of the UN CRPD in the Member States’ legal orders entails the need to adopt additional national provisions on accessibility of products and services. Without Union action, those provisions would further increase disparities between the laws, regulations and administrative provisions of the Member States.

(16)  It is therefore necessary to facilitate the implementation in the Union of the UN CRPD by providing common Union rules. This Directive also supports Member States in their efforts to fulfil their national commitments, as well as their obligations under the UN CRPD regarding accessibility in a harmonised manner.

(17)  The communication of the Commission of 15 November 2010 “European Disability Strategy 2010-2020 – A Renewed Commitment to a Barrier-Free Europe – in line with the UN CRPD, identifies accessibility as one of the eight areas of action, indicates that it is a basic precondition for participation in society, and aims to ensure the accessibility of products and services.

(18)  The determination of the products and services falling within the scope of this Directive is based on a screening exercise which was carried out during the preparation of the Impact Assessment that identified ▌relevant products and services for persons with ▌disabilities, and ▌ for which Member States have adopted or are likely to adopt diverging national accessibility requirements disruptive to the functioning of the internal market.

(19)  In order to ensure the accessibility of the services falling within the scope of this Directive, products used in the provision of those services with which the consumer interacts should also be required to comply with the applicable accessibility requirements of this Directive.

(20)  Even if a service, or part of a service, is subcontracted to a third party, the accessibility of that service should not be compromised and the service providers should comply with the obligations of this Directive. Service providers should also ensure proper and continuous training of their personnel in order to ensure that they are knowledgeable about how to use accessible products and services. That training should cover issues such as information provision, advice and advertising.

(21)  ▌Accessibility requirements should be introduced in the manner that is least burdensome ▌ for the economic operators and the Member States ▌.

(22)  It is ▌necessary to specify accessibility requirements for the placing on the market of products and services which fall within the scope of this Directive, in order to ensure their free movement in the internal market.

(23)  This Directive should make functional accessibility requirements compulsory and they should be formulated in terms of general objectives. Those requirements should be precise enough to create legally binding obligations and sufficiently detailed so as to make it possible to assess conformity in order to ensure the good functioning of the internal market for the products and services covered by this Directive, as well as leave a certain degree of flexibility in order to allow for innovation.

(24)  This Directive contains a number of functional performance criteria related to modes of operations of products and services. Those criteria are not meant as a general alternative to the accessibility requirements of this Directive but should be used in very specific circumstances only. Those criteria should apply to specific functions or features of the products or services, to make them accessible, when the accessibility requirements of this Directive do not address one or more of those specific functions or features. In addition, in the event that an accessibility requirement contains specific technical requirements, and an alternative technical solution for those technical requirements is provided in the product or service, this alternative technical solution should still comply with the related accessibility requirements, and should result in equivalent or increased accessibility, by applying the relevant functional performance criteria.

(25)  This Directive should cover consumer general purpose computer hardware systems. For those systems to perform in an accessible manner, their operating systems should also be accessible. Such computer hardware systems are characterised by their multipurpose nature and their ability to perform, with the appropriate software, the most common computing tasks requested by consumers and are intended to be operated by consumers. Personal computers, including desktops, notebooks, smartphones and tablets are examples of such computer hardware systems. Specialised computers embedded in consumer electronics products do not constitute consumer general purpose computer hardware systems. This Directive should not cover, on an individual basis, single components with specific functions, such as a mainboard or a memory chip, that are used or that might be used in such a system.

(26)  This Directive should also cover payment terminals, including both their hardware and software, and certain interactive self-service terminals, including both their hardware and software, dedicated to be used for the provision of services covered by this Directive: for example automated teller machines; ticketing machines issuing physical tickets granting access to services such as travel ticket dispensers; bank office queuing ticket machines; check-in machines; and interactive self-service terminals providing information, including interactive information screens.

(27)  However, certain interactive self-service terminals providing information installed as integrated parts of vehicles, aircrafts, ships or rolling stock should be excluded from the scope of this Directive, since these form part of those vehicles, aircrafts, ships or rolling stock which are not covered by this Directive.

(28)  This Directive should also cover electronic communications services including emergency communications as defined in Directive (EU) 2018/1972 of the European Parliament and of the Council(7). At present, the measures taken by Member States to provide access to persons with disabilities are divergent and are not harmonised throughout the internal market. Ensuring that the same accessibility requirements apply throughout the Union will lead to economies of scale for economic operators active in more than one Member State and facilitate the effective access for persons with disabilities, both in their own Member State and when travelling between Member States. For electronic communications services including emergency communications to be accessible, providers should, in addition to voice, provide real time text, and total conversation services where video is provided by them, ensuring the synchronisation of all those communication means. Member States should, in addition to the requirements of this Directive, in accordance with Directive (EU) 2018/1972, be able to determine a relay service provider that could be used by persons with disabilities.

(29)  This Directive harmonises accessibility requirements for electronic communications services and related products and complements Directive (EU) 2018/1972 which sets requirements on equivalent access and choice for end-users with disabilities. Directive (EU) 2018/1972 also sets requirements under universal service obligations on the affordability of internet access and voice communications and on the affordability and availability of related terminal equipment, specific equipment and services for consumers with disabilities.

(30)  This Directive should also cover consumer terminal equipment with interactive computing capability foreseeably to be primarily used to access electronic communications services. For the purposes of this Directive that equipment should be deemed to include equipment used as part of the setup in accessing electronic communications services such as a router or a modem.

(31)  For the purposes of this Directive, access to audiovisual media services should mean that the access to audiovisual content is accessible, as well as mechanisms that allow users with disabilities to use their assistive technologies. Services providing access to audiovisual media services could include websites, online applications, set-top box-based applications, downloadable applications, mobile device-based services including mobile applications and related media players as well as connected television services. Accessibility of audiovisual media services is regulated in Directive 2010/13/EU of the European Parliament and of the Council(8), with the exception of the accessibility of electronic programme guides (EPGs) which are included in the definition of services providing access to audiovisual media services to which this Directive applies.

(32)  In the context of air, bus, rail and waterborne passenger transport services this Directive should cover inter alia the delivery of transport service information including real-time travel information through websites, mobile device-based services, interactive information screens and interactive self-service terminals, required by passengers with disabilities in order to travel. This could include information about the service provider's passenger transport products and services, pre-journey information, information during the journey and information provided when a service is cancelled or its departure is delayed. Other elements of information could also include information on prices and promotions.

(33)  This Directive should also cover websites, mobile device-based services including mobile applications developed or made available by operators of passenger transport services within the scope of this Directive or on their behalf, electronic ticketing services, electronic tickets and interactive self-service terminals.

(34)  The determination of the scope of this Directive with regard to air, bus, rail and waterborne passenger transport services should be based on the existing sectorial legislation relating to passenger rights. Where this Directive does not apply to certain types of transport services, Member States should encourage service providers to apply the relevant accessibility requirements of this Directive.

(35)  Directive (EU) 2016/2102 of the European Parliament and of the Council(9) already lays down obligations for public sector bodies providing transport services, including urban and suburban transport services and regional transport services, to make their websites accessible. This Directive contains exemptions for microenterprises providing services, including urban and suburban transport services and regional transport services. In addition, this Directive includes obligations to ensure that e-commerce websites are accessible. Since this Directive contains obligations for the large majority of private transport service providers to make their websites accessible, when selling tickets online, it is not necessary to introduce in this Directive further requirements for the websites of urban and suburban transport service providers and regional transport service providers.

(36)  Certain elements of the accessibility requirements, in particular in relation to the provision of information as set out in this Directive, are already covered by existing Union law in the field of passenger transport. This includes elements of Regulation (EC) No 261/2004 of the European Parliament and of the Council(10), Regulation (EC) No 1107/2006 of the European Parliament and of the Council (11), Regulation (EC) No 1371/2007 of the European Parliament and of the Council(12), Regulation (EU) No 1177/2010 of the European Parliament and of the Council(13) and Regulation (EU) No 181/2011 of the European Parliament and of the Council(14). This includes also relevant acts adopted on the basis of Directive 2008/57/EC of the European Parliament and of the Council(15). To ensure regulatory consistency, the accessibility requirements set out in those Regulations and those acts should continue to apply as before. However, additional requirements of this Directive would supplement the existing requirements, improving the functioning of the internal market in the area of transport and benefiting persons with disabilities.

(37)  Certain elements of transport services should not be covered by this Directive when provided outside the territory of the Member States even where the service has been directed towards the Union market. With regard to those elements, a passenger transport service operator should only be obliged to ensure that the requirements of this Directive are met with regard to the part of the service offered within the territory of the Union. However, in the case of air transport, Union air carriers should ensure that the applicable requirements of this Directive are also satisfied on flights departing from an airport situated in a third country and flying to an airport situated within the territory of a Member State. Furthermore, all air carriers, including those which are not licenced in the Union, should ensure that the applicable requirements of this Directive are satisfied in cases where the flights depart from a Union territory to a third country territory.

(38)  Urban authorities should be encouraged to integrate barrier-free accessibility to urban transport services in their Sustainable Urban Mobility Plans (SUMPs), as well as to regularly publish lists of best practices regarding barrier-free accessibility to urban public transport and mobility.

(39)  Union law on banking and financial services aims to protect and provide information to consumers of those services across the Union but does not include accessibility requirements. With a view to enabling persons with disabilities to use those services throughout the Union, including where provided through websites and mobile device-based services including mobile applications, to make well-informed decisions, and to feel confident that they are adequately protected on an equal basis with other consumers, as well as ensure a level playing field for service providers, this Directive should establish common accessibility requirements for certain banking and financial services provided to consumers.

(40)  The appropriate accessibility requirements should also apply to identification methods, electronic signature and payment services, since they are necessary for concluding consumer banking transactions.

(41)  E-book files are based on a electronic computer coding that enables the circulation and consultation of a mostly textual and graphical intellectual work. The degree of precision of this coding determines the accessibility of e-book files, in particular regarding the qualification of the different constitutive elements of the work and the standardised description of its structure. The interoperability in terms of accessibility should optimise the compatibility of those files with the user agents and with current and future assistive technologies. Specific features of special volumes like comics, children’s books and art books should be considered in the light of all applicable accessibility requirements. Divergent accessibility requirements in Member States would make it difficult for publishers and other economic operators to benefit from the advantages of the internal market, could create interoperability problems with e-readers and would limit the access for consumers with disabilities. In the context of e-books, the concept of a service provider could include publishers and other economic operators involved in their distribution. It is recognised that persons with disabilities continue to face barriers to accessing content which is protected by copyright and related rights, and that certain measures have already been taken to address this situation for example through the adoption of Directive (EU) 2017/1564 of the European Parliament and of the Council(16) and Regulation (EU) 2017/1563 of the European Parliament and of the Council(17), and that further Union measures could be taken in this respect in the future.

(42)  This Directive defines e-commerce services as a service provided at a distance, through websites and mobile device-based services, by electronic means and at the individual request of a consumer, with a view to concluding a consumer contract. For the purposes of that definition “at a distance” means that the service is provided without the parties being simultaneously present; “by electronic means” means that the service is initially sent and received at its destination by means of electronic equipment for the processing (including digital compression) and storage of data, and transmitted, conveyed and received in its entirety by wire, by radio, by optical means or by other electromagnetic means; “at the individual request of a consumer” means that the service is provided on individual request. Given the increased relevance of e-commerce services and their high technological nature, it is important to have harmonised requirements for their accessibility.

(43)  The e-commerce services accessibility obligations of this Directive should apply to the online sale of any product or service and should therefore also apply to the sale of a product or service covered in its own right under this Directive.

(44)  The measures related to the accessibility of the answering of emergency communications should be adopted without prejudice to, and should have no impact on, the organisation of emergency services, which remains in the exclusive competence of Member States.

(45)  In accordance with Directive (EU) 2018/1972, Member States are to ensure that access for end-users with disabilities to emergency services is available through emergency communications and is equivalent to that enjoyed by other end-users, in accordance with Union law harmonising accessibility requirements for products and services. The Commission and the national regulatory or other competent authorities are to take appropriate measures to ensure that, whilst travelling in another Member State, end-users with disabilities can access emergency services on an equivalent basis with other end-users, where feasible without any pre-registration. Those measures seek to ensure interoperability across Member States and are to be based, to the greatest extent possible, on European standards or specifications laid down in accordance with Article 39 of Directive (EU) 2018/1972. Such measures do not prevent Member States from adopting additional requirements in order to pursue the objectives set out in that Directive. As an alternative to fulfilling the accessibility requirements with regard to the answering of emergency communications for users with disabilities set out in this Directive, Member States should be able to determine a third party relay service provider to be used by persons with disabilities to communicate with the public safety answering point, until those public safety answering points are capable of using electronic communications services through internet protocols for ensuring accessibility of answering the emergency communications. In any case, obligations of this Directive should not be understood to restrict or lower any obligations for the benefit of end-users with disabilities, including equivalent access to electronic communications services and emergency services as well as accessibility obligations as set out in Directive (EU) 2018/1972.

(46)   Directive (EU) 2016/2102 defines accessibility requirements for websites and mobile applications of public sector bodies and other related aspects, in particular requirements relating to the compliance of the relevant websites and mobile applications. However, that Directive contains a specific list of exceptions. Similar exceptions are relevant for this Directive. Some activities that take place via websites and mobile applications of public sector bodies, such as passenger transport services or e-commerce services, which fall within the scope of this Directive, should in addition comply with the applicable accessibility requirements of this Directive in order to ensure that the online sale of products and services is accessible for persons with disabilities irrespective whether the seller is a public or private economic operator. The accessibility requirements of this Directive should be aligned to the requirements of Directive (EU) 2016/2102, despite differences, for example, in monitoring, reporting and enforcement.

(47)  The four principles of accessibility of websites and mobile applications, as used in Directive (EU) 2016/2102, are: perceivability, meaning that information and user interface components must be presentable to users in ways they can perceive; operability, meaning that user interface components and navigation must be operable; understandability, meaning that information and the operation of the user interface must be understandable; and robustness, meaning that content must be robust enough to be interpreted reliably by a wide variety of user agents, including assistive technologies. Those principles are also relevant for this Directive.

(48)  Member States should take all appropriate measures to ensure that, where the products and services covered by this Directive comply with the applicable accessibility requirements, their free movement within the Union is not impeded for reasons related to accessibility requirements.

(49)  In some situations, common accessibility requirements of the built environment would facilitate the free movement of the related services and of persons with disabilities. Therefore, this Directive should enable Member States to include the built environment used in the provision of the services under the scope of this Directive, ensuring compliance with the accessibility requirements set out in Annex III.

(50)  Accessibility should be achieved by the systematic removal and prevention of barriers, preferably through a universal design or "design for all" approach, which contributes to ensuring access for persons with disabilities on an equal basis with others. According to the UN CRPD, that approach "means the design of products, environments, programmes and services to be usable by all people, to the greatest extent possible, without the need for adaptation or specialized design". In line with the UN CRPD, "'universal design' shall not exclude assistive devices for particular groups of persons with disabilities where this is needed". Furthermore, accessibility should not exclude the provision of reasonable accommodation when required by Union law or national law. Accessibility and universal design should be interpreted in line with General Comment No. 2(2014) - Article 9: Accessibility as written by the Committee on the Rights of Persons with Disabilities.

(51)  Products and services falling within the scope of this Directive do not automatically fall within the scope of Council Directive 93/42/EEC(18). However, some assistive technologies which are medical devices, might fall within the scope of that Directive.

(52)  Most jobs in the Union are provided by SMEs and microenterprises. They have a crucial importance for future growth, but very often face hurdles and obstacles in developing their products or services, in particular in the cross-border context. It is therefore necessary to facilitate the work of the SMEs and microenterprises by harmonising the national provisions on accessibility while maintaining the necessary safeguards.

(53)  For microenterprises and SMEs to benefit from this Directive they must genuinely fulfil the requirements of Commission Recommendation 2003/361/EC(19), and the relevant case law, aimed at preventing the circumvention of its rules.

(54)  In order to ensure the consistency of Union law, this Directive should be based on Decision No 768/2008/EC of the European Parliament and of the Council(20), since it concerns products already subject to other Union acts, while recognising the specific features of the accessibility requirements of this Directive.

(55)  All economic operators falling within the scope of this Directive and intervening in the supply and distribution chain should ensure that they make available on the market only products which are in conformity with ▌this Directive. The same should apply to economic operators providing services. It is necessary to provide for a clear and proportionate distribution of obligations which correspond to the role of each economic operator in the supply and distribution process.

(56)  Economic operators should be responsible for the compliance of products and services, in relation to their respective roles in the supply chain, so as to ensure a high level of protection of accessibility and to guarantee fair competition on the Union market.

(57)  The obligations of this Directive should apply equally to economic operators from the public and private sectors.

(58)  The manufacturer having detailed knowledge of the design and production process is best placed to carry out the complete conformity assessment. While the responsibility for the conformity of products rests with the manufacturer, market surveillance authorities should play a crucial role in checking whether products made available in the Union are manufactured in accordance with Union law.

(59)  Importers and distributors and should be involved in market surveillance tasks carried out by national authorities, and should participate actively, providing the competent authorities with all necessary information relating to the product concerned.

(60)  Importers should ensure that products from third countries entering the Union market comply with ▌ this Directive and in particular that appropriate conformity assessment procedures have been carried out by manufacturers with regard to those products.

(61)  When placing a product on the market, importers should indicate, on the product, their name, registered trade name or registered trade mark and the address at which they can be contacted.

(62)  Distributors should ensure that their handling of the product does not adversely affect the compliance of the product with the accessibility requirements of this Directive.

(63)  Any economic operator that either places a product on the market under its name or trademark or modifies a product already placed on the market in such a way that compliance with applicable requirements might be affected should be considered to be the manufacturer and should assume the obligations of the manufacturer.

(64)  For reasons of proportionality, accessibility requirements should only apply to the extent that they do not impose a disproportionate burden on the economic operator concerned, or to the extent that they do not require a significant change in the products and services which would result in their fundamental alteration in the light of this Directive. Control mechanisms should nevertheless be in place in order to verify entitlement to exceptions to the applicability of accessibility requirements.

(65)  This Directive should follow the principle of 'think small first' and should take account of the administrative burdens that SMEs are faced with. It should set light rules in terms of conformity assessment and should establish safeguard clauses for economic operators, rather than providing for general exceptions and derogations for those enterprises. Consequently, when setting up the rules for the selection and implementation of the most appropriate conformity assessment procedures, the situation of SMEs should be taken into account and the obligations to assess conformity of accessibility requirements should be limited to the extent that they do not impose a disproportionate burden on SMEs. In addition, market surveillance authorities should operate in a proportionate manner in relation to the size of undertakings and to the small serial or non-serial nature of the production concerned, without creating unnecessary obstacles for SMEs and without compromising the protection of public interest.

(66)  In exceptional cases, where the compliance with accessibility requirements of this Directive would impose a disproportionate burden on economic operators, economic operators should only be required to comply with those requirements to the extent that they do not impose a disproportionate burden. In such duly justified cases, it would not be reasonably possible for an economic operator to fully apply one or more of the accessibility requirements of this Directive. However, the economic operator should make a service or a product that falls within the scope of this Directive as accessible as possible by applying those requirements to the extent that they do not impose a disproportionate burden. Those accessibility requirements which were not considered by the economic operator to impose a disproportionate burden should apply fully. Exceptions to compliance with one or more accessibility requirements due to the disproportionate burden that they impose should not go beyond what is strictly necessary in order to limit that burden with respect to the particular product or service concerned in each individual case. Measures that would impose a disproportionate burden should be understood as measures that would impose an additional excessive organisational or financial burden on the economic operator, while taking into account the likely resulting benefit for persons with disabilities in line with the criteria set out in this Directive. Criteria based on these considerations should be defined in order to enable both economic operators and relevant authorities to compare different situations and to assess in a systematic way whether a disproportionate burden exists. Only legitimate reasons should be taken into account in any assessment of the extent to which the accessibility requirements cannot be met because they would impose a disproportionate burden. Lack of priority, time or knowledge should not be considered to be legitimate reasons.

(67)  The overall assessment of a disproportionate burden should be done using the criteria set out in Annex VI. The assessment of disproportionate burden should be documented by the economic operator taking into account the relevant criteria. Service providers should renew their assessment of a disproportionate burden at least every five years.

(68)  The economic operator should inform the relevant authorities that it has relied on the provisions of this Directive related to fundamental alteration and/or disproportionate burden. Only upon a request from the relevant authorities should the economic operator provide a copy of the assessment explaining why its product or service is not fully accessible and providing evidence of the disproportionate burden or fundamental alteration, or both.

(69)  If on the basis of the required assessment, a service provider concludes that it would constitute a disproportionate burden to require that all self-service terminals, used in the provision of services covered by this Directive, comply with the accessibility requirements of this Directive, the service provider should still apply those requirements to the extent that those requirements do not impose such a disproportionate burden on it. Consequently, the service providers should assess the extent to which a limited level of accessibility in all self-service terminals or a limited number of fully accessible self-service terminals would enable them to avoid a disproportionate burden that would otherwise be imposed on them, and should be required to comply with the accessibility requirements of this Directive only to that extent.

(70)  Microenterprises are distinguished from all other undertakings by their limited human resources, annual turnover or annual balance sheet. The burden of complying with the accessibility requirements for microenterprises therefore, in general, takes a greater share of their financial and human resources than for other undertakings and is more likely to represent a disproportionate share of the costs. A significant proportion of cost for microenterprises comes from completing or keeping paperwork and records to demonstrate compliance with the different requirements set out in Union law. While all economic operators covered by this Directive should be able to assess the proportionality of complying with the accessibility requirements of this Directive and should only comply with them to the extent they are not disproportionate, demanding such an assessment from microenterprises providing services would in itself constitute a disproportionate burden. The requirements and obligations of this Directive should therefore not apply to microenterprises providing services within the scope of this Directive.

(71)  For microenterprises dealing with products falling within the scope of this Directive the requirements and obligations of this Directive should be lighter in order to reduce the administrative burden.

(72)  While some microenterprises are exempted from the obligations of this Directive, all microenterprises should be encouraged to manufacture, import or distribute products and to provide services that comply with the accessibility requirements of this Directive, in order to increase their competitiveness as well as their growth potential in the internal market. Member States should, therefore, provide guidelines and tools to microenterprises to facilitate the application of national measures transposing this Directive.

(73)  All economic operators should act responsibly and in full accordance with the legal requirements applicable when placing or making products available on the market or providing services on the market.

(74)  In order to facilitate the assessment of conformity with the applicable accessibility requirements it is necessary to provide for a presumption of conformity for products and services which are in conformity with voluntary harmonised standards that are adopted in accordance with Regulation (EU) No 1025/2012 of the European Parliament and of the Council(21) for the purpose of drawing up detailed technical specifications of those requirements. The Commission has already issued a number of standardisation requests to the European standardisation organisations on accessibility, such as standardisation mandates M/376, M/473 and M/420, which would be relevant for the preparation of harmonised standards.

(75)  Regulation (EU) No 1025/2012 provides for a procedure for formal objections to harmonised standards that are considered not to comply with the requirements of this Directive.

(76)   European standards should be market-driven, take into account the public interest, as well as the policy objectives clearly stated in the Commission’s request to one or more European standardisation organisations to draft harmonised standards, and be based on consensus. In the absence of harmonised standards and where needed for internal market harmonisation purposes, the Commission should be able to adopt in certain cases implementing acts establishing ▌technical specifications for the accessibility requirements of this Directive. Recourse to technical specifications should be limited to such cases. The Commission should be able to adopt technical specifications for instance when the standardisation process is blocked due to a lack of consensus between stakeholders or there are undue delays in the establishment of a harmonised standard, for example because the required quality is not reached. The Commission should leave enough time between the adoption of a request to one or more European standardisation organisations to draft harmonised standards and the adoption of a technical specification related to the same accessibility requirement. The Commission should not be allowed to adopt a technical specification if it has not previously tried to have the accessibility requirements covered through the European standardisation system, except where the Commission can demonstrate that the technical specifications respect the requirements laid down in Annex II of Regulation (EU) No 1025/2012.

(77)  With a view to establishing, in the most efficient way, harmonised standards and technical specifications that meet the accessibility requirements of this Directive for products and services, the Commission should, where this is feasible, involve European umbrella organisations of persons with disabilities and all other relevant stakeholders in the process.

(78)  To ensure effective access to information for market surveillance purposes, the information required to declare compliance with all applicable Union acts should be made available in a single EU declaration of conformity. In order to reduce the administrative burden on economic operators, they should be able to include in the single EU declaration of conformity all relevant individual declarations of conformity.

(79)  For conformity assessment of products, this Directive should use the Internal production control of "Module A", set out in Annex II to Decision No 768/2008/EC, as it enables economic operators to demonstrate, and the competent authorities to ensure, that products made available on the market conform to the accessibility requirements while not imposing an undue burden.

(80)  When carrying out market surveillance of products and checking compliance of services, authorities should also check the conformity assessments, including whether the relevant assessment of fundamental alteration or disproportionate burden was properly carried out. When carrying out their duties authorities should also do so in cooperation with persons with disabilities and the organisations that represent them and their interests.

(81)  For services, the information necessary to assess ▌conformity with the accessibility requirements of this Directive should be provided in the general terms and conditions, or in an equivalent document, without prejudice to Directive 2011/83/EU of the European Parliament and of the Council(22).

(82)  The CE marking, indicating the conformity of a product with the accessibility requirements of this Directive, is the visible consequence of a whole process comprising conformity assessment in a broad sense. This Directive should follow the general principles governing the CE marking of Regulation (EC) No 765/2008 of the European Parliament and of the Council(23) setting out the requirements for accreditation and market surveillance relating to the marketing of products. In addition to making the EU declaration of conformity, the manufacturer should inform consumers in a cost-effective manner about the accessibility of their products.

(83)  In accordance with Regulation (EC) No 765/2008, by affixing the CE marking to a product, the manufacturer declares that the product is in conformity with all applicable accessibility requirements and that the manufacturer takes full responsibility therefor.

(84)  In accordance with Decision No 768/2008/EC, Member States are responsible for ensuring strong and efficient market surveillance of products in their territories and should allocate sufficient powers and resources to their market surveillance authorities.

(85)  Member States should check the compliance of services with the obligations of this Directive and should follow up complaints or reports related to non-compliance in order to ensure that corrective action has been taken.

(86)  Where appropriate the Commission, in consultation with stakeholders, could adopt non-binding guidelines to support coordination among market surveillance authorities and authorities responsible for checking compliance of services. The Commission and Member States should be able to set up initiatives for the purpose of sharing the resources and expertise of authorities.

(87)  Member States should ensure that market surveillance authorities and authorities responsible for checking compliance of services check the compliance of the economic operators with the criteria set out in Annex VI in accordance with Chapters VIII and IX. Member States should be able to designate a specialised body for carrying out the obligations of market surveillance authorities or authorities responsible for checking compliance of services under this Directive. Member States should be able to decide that the competences of such a specialised body should be limited to the scope of this Directive or certain parts thereof, without prejudice to the Member States' obligations under Regulation (EC) No 765/2008.

(88)  A safeguard procedure should be set up to apply in the event of disagreement between Member States over measures taken by a Member State under which interested parties are informed of measures intended to be taken with regard to products not complying with the accessibility requirements of this Directive. The safeguard procedure should allow market surveillance authorities, in cooperation with the relevant economic operators, to act at an earlier stage in respect of such products.

(89)  Where the Member States and the Commission agree that a measure taken by a Member State is justified, no further involvement of the Commission should be required, except where non-compliance can be attributed to shortcomings in the harmonised standards or in the technical specifications.

(90)  Directives 2014/24/EU(24) and 2014/25/EU(25) of the European Parliament and of the Council on public procurement, defining procedures for the procurement of public contracts and design contests for certain supplies (products), services and works, establish that, for all procurement which is intended for use by natural persons, whether general public or staff of the contracting authority or entity, the technical specifications are, except in duly justified cases, to be drawn up so as to take into account accessibility criteria for persons with disabilities or design for all users. Furthermore, those Directives require that, where mandatory accessibility requirements are adopted by a legal act of the Union, technical specifications are, as far as accessibility for persons with disabilities or design for all users are concerned, to be established by reference thereto. This Directive should establish mandatory accessibility requirements for products and services covered by it. For products and services not falling under the scope of this Directive, the accessibility requirements of this Directive are not binding. However, the use of those accessibility requirements to fulfil the relevant obligations set out in Union acts other than this Directive would facilitate the implementation of accessibility and contribute to the legal certainty and to the approximation of accessibility requirements across the Union. Authorities should not be prevented from establishing accessibility requirements that go beyond the accessibility requirements set out in Annex I to this Directive.

(91)  This Directive should not change the compulsory or voluntary nature of the provisions related to accessibility in other Union acts.

(92)  This Directive should only apply to procurement procedures for which the call for competition has been sent or, in cases where a call for competition is not foreseen, where the contracting authority or contracting entity has commenced the procurement procedure after the date of application of this Directive.

(93)  In order to ensure the proper application of this Directive, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of: further specifying the accessibility requirements that, by their very nature, cannot produce their intended effect unless they are further specified in binding legal acts of the Union; changing the period during which economic operators are to be able to identify any other economic operator who has supplied them with a product or to whom they have supplied a product; and further specifying the relevant criteria that are to be taken into account by the economic operator for the assessment of whether compliance with the accessibility requirements would impose a disproportionate burden. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making(26). 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.

(94)  In order to ensure uniform conditions for the implementation of ▌this Directive, implementing powers should be conferred on the Commission with regard to the technical specifications. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council(27).

(95)  Member States should ensure that adequate and effective means exist to ensure compliance with this Directive and should therefore establish appropriate control mechanisms, such as a posteriori control by the market surveillance authorities, in order to verify that the exemption from the accessibility requirements application is justified. When dealing with complaints related to accessibility, Member States should comply with the general principle of good administration, and in particular with the obligation of officials to ensure that a decision on each complaint is taken within a reasonable time-limit.

(96)  In order to facilitate the uniform implementation of this Directive, the Commission should establish a working group consisting of relevant authorities and stakeholders to facilitate exchange of information and of best practices and to provide advice. Cooperation should be fostered between authorities and relevant stakeholders, including persons with disabilities and organisations that represent them, inter alia to improve coherence in the application of provisions of this Directive concerning accessibility requirements and to monitor implementation of its provisions on fundamental alteration and disproportionate burden.

(97)  Given the existing legal framework concerning remedies in the areas covered by Directives 2014/24/EU and 2014/25/EU, the provisions of this Directive relating to enforcement and penalties should not be applicable to the procurement procedures subject to the obligations imposed by this Directive. Such exclusion is without prejudice to the obligations of Member States under the Treaties to take all measures necessary to guarantee the application and effectiveness of Union law.

(98)  Penalties should be adequate in relation to the character of the infringements and to the circumstances so as not to serve as an alternative to the fulfilment by economic operators of their obligations to make their products or services accessible.

(99)  Member States should ensure that, in accordance with existing Union law, alternative dispute resolutions mechanisms are in place that allow the resolution of any alleged non-compliance with this Directive prior to an action being brought before courts or competent administrative bodies.

(100)  In accordance with the Joint Political Declaration of 28 September 2011 of Member States and the Commission on explanatory documents(28), Member States have undertaken to accompany, in justified cases, the notification of their transposition measures with one or more documents explaining the relationship between the components of a Directive and the corresponding parts of national transposition instruments. With regard to this Directive, the legislator considers the transmission of such documents to be justified.

(101)  In order to allow service providers sufficient time to adapt to the requirements of this Directive, it is necessary to provide for a transitional period of five years after the date of application of this Directive, during which products used for the provision of a service which were placed on the market before that date do not need to comply with the accessibility requirements of this Directive unless they are replaced by the service providers during the transitional period. Given the cost and long life-cycle of self-service terminals, it is appropriate to provide that, when such terminals are used in the provision of services, they may continue to be used until the end of their economic life, as long as they are not replaced during that period, but not for longer than 20 years.

(102)  The accessibility requirements of this Directive should apply to products placed on the market and services provided after the date of application of the national measures transposing this Directive, including used and second-hand products imported from a third country and placed on the market after that date.

(103)  This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union ("the Charter"). In particular, this Directive seeks to ensure full respect for the rights of persons with disabilities to benefit from measures designed to ensure their independence, social and occupational integration and participation in the life of the community and to promote the application of Articles 21, 25 and 26 of the Charter.

(104)  Since the objective of this Directive, namely, the elimination of barriers to the free movement of certain accessible products and services, in order to contribute to the proper functioning of the internal market, cannot be sufficiently achieved by the Member States because it requires the harmonisation of different rules currently existing in their respective legal systems, but can rather, by ▌ defining common accessibility requirements and rules for the functioning of the internal market, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective,

HAVE ADOPTED THIS DIRECTIVE:

CHAPTER I

GENERAL PROVISIONS

Article 1

Subject matter

The purpose of this Directive is to contribute to the proper functioning of the internal market by approximating the laws, regulations and administrative provisions of the Member States as regards accessibility requirements for certain products and services by, in particular, eliminating and preventing barriers to the free movement of products and services covered by this Directive arising from divergent accessibility requirements in the Member States.

Article 2

Scope

1.  This Directive applies to the following products placed on the market after ... [six years after the date of entry into force of this Directive]:

(a)  consumer general purpose computer hardware systems and operating systems for those hardware systems;

(b)  the following self-service terminals:

(i)  payment terminals;

(ii)  the following self-service terminals dedicated to the provision of services covered by this Directive:

—   automated teller machines;

—   ticketing machines;

—   check-in machines;

—   interactive self-service terminals providing information, excluding terminals installed as integrated parts of vehicles, aircrafts, ships or rolling stock;

(c)  consumer terminal equipment with interactive computing capability, used for electronic communications services;

(d)  consumer terminal equipment with interactive computing capability, used for accessing audiovisual media services; and

(e)  e-readers.

2.  Without prejudice to Article 32, this Directive applies to the following services provided to consumers after ... [six years after the date of entry into force of this Directive]:

(a)  electronic communications services with the exception of transmission services used for the provision of machine-to-machine services;

(b)  services providing access to audiovisual media services ▌;

(c)  the following elements of air, bus, rail and waterborne passenger transport services, except for urban, suburban and regional transport services for which only the elements under point (v) apply:

(i)  websites;

(ii)  mobile device-based services including mobile applications;

(iii)  electronic tickets and electronic ticketing services;

(iv)  delivery of transport service information, including real-time travel information; this shall, with regard to information screens, be limited to interactive screens located within the territory of the Union; and

(v)  interactive self-service terminals located within the territory of the Union, except those installed as integrated parts of vehicles, aircrafts, ships and rolling stock used in the provision of any part of such passenger transport services;

(d)  consumer banking services;

(e)  e-books and dedicated software; and

(f)  e-commerce services.

3.  This Directive applies to answering emergency communications to the single European emergency number ‘112’.

4.  This Directive does not apply to the following content of websites and mobile applications:

(a)  pre-recorded time-based media published before … [six years after the date of entry into force of this Directive;

(b)  office file formats published before ... [six years after the date of entry into force of this Directive];

(c)  online maps and mapping services, if essential information is provided in an accessible digital manner for maps intended for navigational use;

(d)  third-party content that is neither funded, developed by, or under the control of, the economic operator concerned;

(e)  content of websites and mobile applications qualifying as archives, meaning that they only contain content that is not updated or edited after ... [six years after the date of entry into force of this Directive].

5.  This Directive shall be without prejudice to Directive (EU) 2017/1564 and Regulation (EU) 2017/1563.

Article 3

Definitions

For the purposes of this Directive, the following definitions apply:

(1)  “persons with disabilities” means persons who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others;

(2)  “product” means a substance, preparation, or good produced through a manufacturing process, other than food, feed, living plants and animals, products of human origin and products of plants and animals relating directly to their future reproduction;

(3)  “service” means a service as defined in point 1 of Article 4 of Directive 2006/123/EC of the European Parliament and of the Council(29);

(4)  "service provider" means any natural or legal person who provides a service on the Union market or makes offers to provide such a service to consumers in the Union;

(5)  "audiovisual media services" means services as defined in point (a) of Article 1(1) of Directive 2010/13/EU;

(6)  "services providing access to audiovisual media services" means services transmitted by electronic communications networks which are used to identify, select, receive information on, and view audiovisual media services and any provided features, such as subtitles for the deaf and hard of hearing, audio description, spoken subtitles and sign language interpretation, which result from the implementation of measures to make services accessible as referred to in Article 7 of Directive 2010/13/EU; and includes electronic programme guides (EPGs);

(7)  "consumer terminal equipment with interactive computing capability, used for accessing audiovisual media services" means any equipment the main purpose of which is to provide access to audiovisual media services;

(8)  "electronic communications service" means electronic communications service as defined in point 4 of Article 2 of Directive (EU) 2018/1972 ;

(9)  "total conversation service” means total conversation service as defined in point 35 of Article 2 of Directive (EU) 2018/1972;

(10)  “public safety answering point” or “PSAP” means public safety answering point or PSAP as defined in point 36 of Article 2 of Directive (EU) 2018/1972;

(11)  “most appropriate PSAP” means most appropriate PSAP as defined in point 37 of Article 2 of Directive (EU) 2018/1972;

(12)  "emergency communication" means emergency communication as defined in point 38 of Article 2 of Directive (EU) 2018/1972;

(13)  “emergency service” means emergency service as defined in point 39 of Article 2 of Directive (EU) 2018/1972;

(14)  “real time text” means a form of text conversation in point to point situations or in multipoint conferencing where the text being entered is sent in such a way that the communication is perceived by the user as being continuous on a character-by-character basis;

(15)  "making available on the market" means any supply of a product for distribution, consumption or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge;

(16)  "placing on the market" means the first making available of a product on the Union market;

(17)  "manufacturer" means any natural or legal person who manufactures a product or has a product designed or manufactured, and markets that product under its name or trademark;

(18)  "authorised representative" means any natural or legal person established within the Union who has received a written mandate from a manufacturer to act on its behalf in relation to specified tasks;

(19)  "importer" means any natural or legal person established within the Union who places a product from a third country on the Union market;

(20)  "distributor" means any natural or legal person in the supply chain, other than the manufacturer or the importer, who makes a product available on the market;

(21)  "economic operator" means the manufacturer, the authorised representative, the importer, the distributor or the service provider;

(22)  "consumer" means any natural person who purchases the relevant product or is a recipient of the relevant service for purposes which are outside his trade, business, craft or profession;

(23)  "microenterprise" means an enterprise which employs fewer than 10 persons and which has an annual turnover not exceeding EUR 2 million or an annual balance sheet total not exceeding EUR 2 million;

(24)  "small and medium-sized enterprises" or "SMEs" means enterprises which employ fewer than 250 persons and which have an annual turnover not exceeding EUR 50 million, or an annual balance sheet total not exceeding EUR 43 million, but excludes microenterprises;

(25)  "harmonised standard" means a harmonised standard as defined in point 1(c) of Article 2 of Regulation (EU) No 1025/2012;

(26)  " ▌technical specification" means a technical specification as defined in point 4 of Article 2 of Regulation (EU) No 1025/2012 that provides a means to comply with the accessibility requirements applicable to a product or service;

(27)  "withdrawal" means any measure aimed at preventing a product in the supply chain from being made available on the market;

(28)  "consumer banking services" means the provision to consumers of the following banking and financial services:

(a)  credit agreements covered by Directive 2008/48/EC of the European Parliament and of the Council(30) or Directive 2014/17/EU of the European Parliament and of the Council(31);

(b)  services as defined in points 1, 2, 4 and 5 in Section A and points 1, 2, 4 and 5 in Section B of Annex I to Directive 2014/65/EU of the European Parliament and of the Council (32);

(c)  payment services as defined in point 3 of Article 4 of Directive (EU) 2015/2366 of the European Parliament and of the Council (33);

(d)  services linked to the payment account as defined in point 6 of Article 2 of Directive 2014/92/EU of the European Parliament and of the Council (34); and

(e)  electronic money as defined in point 2 of Article 2 of Directive 2009/110/EC of the European Parliament and of the Council (35);

(29)  "payment terminal" means a device the main purpose of which is to allow payments to be made by using payment instruments as defined in point 14 of Article 4 of Directive (EU) 2015/2366 at a physical point of sale but not in a virtual environment;

(30)  "e-commerce services" means services provided at a distance, through websites and mobile device-based services by electronic means and at the individual request of a consumer with a view to concluding a consumer contract;

(31)  "air passenger transport services" means commercial passenger air services, as defined in point (l) of Article 2 of Regulation (EC) No 1107/2006, on departure from, on transit through, or on arrival at an airport, when the airport is situated in the territory of a Member State, including flights departing from an airport situated in a third country to an airport situated in the territory of a Member State where the services are operated by Union air carriers;

(32)  "bus passenger transport services" means services covered by Article 2(1) and (2) of Regulation (EU) No 181/2011;

(33)  "rail passenger transport services" means all rail passenger services as referred to in Article 2(1) of Regulation (EC) No 1371/2007, with the exception of services referred to in Article 2(2) thereof;

(34)  "waterborne passenger transport services" means passenger services covered by Article 2(1) of Regulation (EU) No 1177/2010, with the exception of services referred to in Article 2(2) of that Regulation;

(35)  "urban and suburban transport services" means urban and suburban services as defined in point 6 of Article 3 of Directive 2012/34/EU of the European Parliament and of the Council(36); but for the purposes of this Directive, it includes only the following modes of transport: rail, bus and coach, metro, tram and trolley bus;

(36)  “regional transport services” means regional services as defined in point 7 of Article 3 of Directive 2012/34/EU; but for the purposes of this Directive, it includes only the following modes of transport: rail, bus and coach, metro, tram and trolley bus;

(37)  "assistive technology" means any item, piece of equipment, service or product system including software that is used to increase, maintain, substitute or improve functional capabilities of persons with disabilities or for, alleviation and compensation of impairments, activity limitations or participation restrictions;

(38)  "operating system" means software, which, inter alia, handles the interface to peripheral hardware, schedules tasks, allocates storage, and presents a default interface to the user when no application program is running including a graphical user interface, regardless of whether such software is an integral part of consumer general purpose computer hardware, or constitutes free-standing software intended to be run on consumer general purpose computer hardware, but excluding an operating system loader, basic input/output system, or other firmware required at boot time or when installing the operating system;

(39)  “consumer general purpose computer hardware system” means the combination of hardware which forms a complete computer, characterised by its multipurpose nature, its ability to perform, with the appropriate software, most common computing tasks requested by consumers and intended to be operated by consumers, including personal computers, in particular desktops, notebooks, smartphones and tablets;

(40)  "interactive computing capability" means functionality supporting human-device interaction allowing for processing and transmission of data, voice or video or any combination thereof;

(41)  "e-book and dedicated software" means a service, consisting of the provision of digital files that convey an electronic version of a book, that can be accessed, navigated, read and used and the software including mobile device-based services including mobile applications dedicated to the accessing, navigation, reading and use of those digital files, and it excludes software covered under the definition in point (42);

(42)  "e-reader" means dedicated equipment, including both hardware and software, used to access, navigate, read and use e-book files;

(43)  "electronic tickets" means any system in which an entitlement to travel, in the form of single or multiple travel tickets, travel subscriptions or travel credit, is stored electronically on a physical transport pass or other device, instead of being printed on a paper ticket;

(44)  "electronic ticketing services" means any system in which passenger transport tickets are purchased including online using a device with interactive computing capability, and delivered to the purchaser in electronic form, to enable them to be printed in paper form or displayed using a mobile device with interactive computing capability when travelling.

CHAPTER II

ACCESSIBILITY REQUIREMENTS AND FREE MOVEMENT

Article 4

Accessibility requirements

1.  Member States shall ensure, in accordance with paragraphs 2, 3 and 5 of this Article and subject to Article 14, that economic operators only place on the market products and only provide services that comply with the accessibility requirements set out in Annex I.

2.  All products shall comply with the accessibility requirements set out in Section I of Annex I.

All products, except for self-service terminals, shall comply with the accessibility requirements set out in Section II of Annex I.

3.  Without prejudice to paragraph 5 of this Article, all services, except for urban and suburban transport services and regional transport services, shall comply with the accessibility requirements set out in Section III of Annex I.

Without prejudice to paragraph 5 of this Article, all services shall comply with the accessibility requirements set out in Section IV of Annex I.

4.  Member States may decide, in the light of national conditions, that the built environment used by clients of services covered by this Directive shall comply with the accessibility requirements set out in Annex III, in order to maximise their use by persons with ▌disabilities.

5.  Microenterprises providing services shall be exempt from complying with the accessibility requirements referred to in paragraph 3 of this Article and any obligations relating to the compliance with those requirements.

6.  Member States shall provide guidelines and tools to microenterprises to facilitate the application of the national measures transposing this Directive. Member States shall develop those tools in consultation with relevant stakeholders.

7.  Member States may inform economic operators of the indicative examples, contained in Annex II, of possible solutions that contribute to meeting the accessibility requirements in Annex I.

8.  Member States shall ensure that the answering of emergency communications to the single European emergency number ‘112’ by the most appropriate PSAP, shall comply with the specific accessibility requirements set out in Section V of Annex I in the manner best suited to the national organisation of emergency systems.

9.  The Commission is empowered to adopt delegated acts in accordance with Article 26 to supplement Annex I by further specifying the accessibility requirements that, by their very nature, cannot produce their intended effect unless they are further specified in binding legal acts of the Union, such as requirements related to interoperability.

Article 5

Existing Union law in the field of passenger transport

Services complying with the requirements on the provision of accessible information and of information on accessibility laid down in Regulations (EC) No 261/2004, (EC) No 1107/2006, (EC) No 1371/2007, (EU) No 1177/2010, and (EU) No 181/2011 and relevant acts adopted on the basis of Directive 2008/57/EC shall be deemed to comply with the corresponding requirements of this Directive. Where this Directive provides for requirements additional to those provided in those Regulations and those acts, the additional requirements shall apply in full.

Article 6

Free movement

Member States shall not impede, for reasons related to accessibility requirements, the making available on the market in their territory of products or the provision of services in their territory that comply with this Directive.

CHAPTER III

OBLIGATIONS OF ECONOMIC OPERATORS DEALING WITH PRODUCTS

Article 7

Obligations of manufacturers

1.  When placing their products on the market, manufacturers shall ensure that the products have been designed and manufactured in accordance with the applicable accessibility requirements of this Directive.

2.  Manufacturers shall draw up the technical documentation in accordance with Annex IV and carry out the conformity assessment procedure set out in that Annex or have it carried out.

Where compliance of a product with the applicable accessibility requirements has been demonstrated by that procedure, manufacturers shall draw up an EU declaration of conformity and affix the CE marking.

3.  Manufacturers shall keep the technical documentation and the EU declaration of conformity for five years after the product has been placed on the market.

4.  Manufacturers shall ensure that procedures are in place for series production to remain in conformity with this Directive. Changes in product design or characteristics and changes in the harmonised standards, or in ▌ technical specifications, ▌ by reference to which conformity of a product is declared shall be adequately taken into account.

5.  Manufacturers shall ensure that their products bear a type, batch or serial number or other element allowing their identification, or, where the size or nature of the product does not allow it, that the required information is provided on the packaging or in a document accompanying the product.

6.  Manufacturers shall indicate their name, registered trade name or registered trade mark and the address at which they can be contacted on the product or, where that is not possible, on its packaging or in a document accompanying the product. The address must indicate a single point at which the manufacturer can be contacted. The contact details shall be in a language easily understood by end-users and market surveillance authorities.

7.  Manufacturers shall ensure that the product is accompanied by instructions and safety information in a language which can be easily understood by consumers and other end-users, as determined by the Member State concerned. Such instructions and information, as well as any labelling, shall be clear, understandable and intelligible.

8.  Manufacturers who consider or have reason to believe that a product which they have placed on the market is not in conformity with this Directive shall immediately take the corrective measures necessary to bring that product into conformity, ▌or, ▌if appropriate, to withdraw it. Furthermore, where the product does not comply with the accessibility requirements of this Directive, manufacturers shall immediately inform the competent national authorities of the Member States in which they made the product available to that effect, giving details, in particular, of the non-compliance and of any corrective measures taken. In such cases, manufacturers shall keep a register of products which do not comply with applicable accessibility requirements and of the related complaints.

9.  Manufacturers shall, further to a reasoned request from a competent national authority, provide it with all the information and documentation necessary to demonstrate the conformity of the product, in a language which can be easily understood by that authority. They shall cooperate with that authority, at its request, on any action taken to eliminate the non-compliance with the applicable accessibility requirements of products which they have placed on the market, in particular bringing the products into compliance with the applicable accessibility requirements ▌.

Article 8

Authorised representatives

1.  A manufacturer may, by a written mandate, appoint an authorised representative.

The obligations laid down in Article 7(1) and the drawing up of technical documentation shall not form part of the authorised representative's mandate.

2.  An authorised representative shall perform the tasks specified in the mandate received from the manufacturer. The mandate shall allow the authorised representative to do at least the following:

(a)  keep the EU declaration of conformity and the technical documentation at the disposal of market surveillance authorities for five years;

(b)  further to a reasoned request from a competent national authority, provide that authority with all the information and documentation necessary to demonstrate the conformity of a product;

(c)  cooperate with the competent national authorities, at their request, on any action taken to eliminate the non-compliance with the applicable accessibility requirements of products covered by their mandate.

Article 9

Obligations of importers

1.  Importers shall place only compliant products on the market.

2.  Before placing a product on the market, importers shall ensure that the conformity assessment procedure set out in Annex IV has been carried out by the manufacturer. They shall ensure that the manufacturer has drawn up the technical documentation required by that Annex, that the product bears the CE marking and is accompanied by the required documents and that the manufacturer has complied with the requirements set out in Article 7(5) and (6).

3.  Where an importer considers or has reason to believe that a product is not in conformity with the applicable accessibility requirements of this Directive ▌, the importer shall not place the product on the market until it has been brought into conformity. Furthermore, where the product does not comply with the applicable accessibility requirements, the importer shall inform the manufacturer and the market surveillance authorities to that effect.

4.  Importers shall indicate their name, registered trade name or registered trade mark and the address at which they can be contacted on the product or, where that is not possible, on its packaging or in a document accompanying the product. The contact details shall be in a language easily understood by end-users and market surveillance authorities.

5.  Importers shall ensure that the product is accompanied by instructions and safety information in a language which can be easily understood by consumers and other end-users, as determined by the Member State concerned.

6.  Importers shall ensure that, while a product is under their responsibility, storage or transport conditions do not jeopardise its compliance with the applicable accessibility requirements.

7.   Importers shall, for a period of five years keep a copy of the EU declaration of conformity at the disposal of the market surveillance authorities and shall ensure that the technical documentation can be made available to those authorities upon request.

8.  Importers who consider or have reason to believe that a product which they have placed on the market is not in conformity with this Directive shall immediately take the corrective measures necessary to bring that product into conformity, or, if appropriate, to withdraw it ▌. Furthermore, where the product does not comply with the applicable accessibility requirements, importers shall immediately inform the competent national authorities of the Member States in which they made the product available to that effect, giving details, in particular, of the non-compliance and of any corrective measures taken. In such cases, importers shall keep a register of products which do not comply with applicable accessibility requirements, and of the related complaints.

9.  Importers shall, further to a reasoned request from a competent national authority, provide it with all the information and documentation necessary to demonstrate the conformity of a product in a language which can be easily understood by that authority. They shall cooperate with that authority, at its request, on any action taken to eliminate the non-compliance with the applicable accessibility requirements of products which they have placed on the market.

Article 10

Obligations of distributors

1.  When making a product available on the market distributors shall act with due care in relation to the requirements of this Directive.

2.  Before making a product available on the market distributors shall verify that the product bears the CE marking, that it is accompanied by the required documents and by instructions and safety information in a language which can be easily understood by consumers and other end-users in the Member State in which the product is to be made available on the market and that the manufacturer and the importer have complied with the requirements set out in Article 7(5) and (6) and Article 9(4) respectively.

3.  Where a distributor considers or has reason to believe that a product is not in conformity with the applicable accessibility requirements of this Directive, the distributor shall not make the product available on the market until it has been brought into conformity. Furthermore, where the product does not comply with the applicable accessibility requirements, the distributor shall inform the manufacturer or the importer and the market surveillance authorities to that effect.

4.  Distributors shall ensure that, while a product is under their responsibility, storage or transport conditions do not jeopardise its compliance with the applicable accessibility requirements ▌.

5.  Distributors who consider or have reason to believe that a product which they have made available on the market is not in conformity with this Directive shall make sure that the corrective measures necessary to bring that product into conformity, ▌or, ▌if appropriate, to withdraw it, are taken. Furthermore, where the product, does not comply with the applicable accessibility requirements, distributors shall immediately inform the competent national authorities of the Member States in which they made the product available to that effect, giving details, in particular, of the non-compliance and of any corrective measures taken.

6.  Distributors shall, further to a reasoned request from a competent national authority, provide it with all the information and documentation necessary to demonstrate the conformity of a product. They shall cooperate with that authority, at its request, on any action taken to eliminate the non-compliance with the applicable accessibility requirements of products which they have made available on the market.

Article 11

Cases in which obligations of manufacturers apply to importers and distributors

An importer or distributor shall be considered a manufacturer for the purposes of this Directive and shall be subject to the obligations of the manufacturer under Article 7, where it places a product on the market under its name or trademark or modifies a product already placed on the market in such a way that compliance with the requirements of this Directive may be affected.

Article 12

Identification of economic operators dealing with products

1.  Economic operators referred to in Articles 7 to 10 shall, upon request, identify ▌ to the market surveillance authorities, the following:

(a)  any other economic operator who has supplied them with a product;

(b)  any other economic operator to whom they have supplied a product.

2.  Economic operators referred to in Articles 7 to 10 shall be able to present the information referred to in paragraph 1 of this Article for a period of five years after they have been supplied with the product and for a period of five years after they have supplied the product.

3.  The Commission is empowered to adopt delegated acts in accordance with Article 26 to amend this Directive in order to change the period referred to in paragraph 2 of this Article for specific products. That amended period shall be longer than five years, and shall be in proportion to the economically useful life of the product concerned.

CHAPTER IV

OBLIGATIONS OF SERVICE PROVIDERS

Article 13

Obligations of service providers

1.  Service providers shall ensure that they design and provide services in accordance with the accessibility requirements of this Directive.

2.  Service providers shall prepare the necessary information in accordance with Annex V and shall explain how the services meet the applicable accessibility requirements ▌. The information shall be made available to the public in written and oral format, including in a manner which is accessible to ▌ persons with disabilities. Service providers shall keep that information for as long as the service is in operation.

3.  Without prejudice to Article 32, service providers shall ensure that procedures are in place so that the ▌ provision of services remains in conformity with the applicable accessibility requirements. Changes in the characteristics of the provision of the service, changes in applicable accessibility requirements and changes in the harmonised standards or in technical specifications by reference to which a service is declared to meet the accessibility requirements ▌ shall be adequately taken into account by the service providers.

4.  In the case of non-conformity, service providers shall take the corrective measures necessary to bring the service into conformity with the applicable accessibility requirements ▌. Furthermore, where the service is not compliant with applicable accessibility requirements, service providers shall immediately inform the competent national authorities of the Member States in which the service is provided, to that effect, giving details, in particular, of the non-compliance and of any corrective measures taken.

5.  Service providers shall, further to a reasoned request from a competent authority, provide it with all information necessary to demonstrate the conformity of the service with the applicable accessibility requirements ▌. They shall cooperate with that authority, at the request of that authority, on any action taken to bring the service into compliance with those requirements.

CHAPTER V

FUNDAMENTAL ALTERATION OF PRODUCTS OR SERVICES AND DISPROPORTIONATE BURDEN TO ECONOMIC OPERATORS

Article 14

Fundamental alteration and disproportionate burden

1.  The accessibility requirements referred to in Article 4 shall apply only to the extent that compliance:

(a)  does not require a significant change in a product or service that results in the fundamental alteration of its basic nature; and

(b)  does not result in the imposition of a disproportionate burden on the economic operators concerned.

2.   Economic operators shall carry out an assessment of whether compliance with the accessibility requirements referred to in Article 4 would introduce a fundamental alteration or, based on the relevant criteria set out in Annex VI, impose a disproportionate burden, as provided for in paragraph 1 of this Article.

3.   Economic operators shall document the assessment referred to in paragraph 2. Economic operators shall keep all relevant results for a period of five years to be calculated from the last making available of a product on the market or after a service was last provided, as applicable. Upon a request from the market surveillance authorities or from the authorities responsible for checking compliance of services, as applicable, the economic operators shall provide the authorities with a copy of the assessment referred to in paragraph 2.

4.  By way of derogation from paragraph 3, microenterprises dealing with products shall be exempted from the requirement to document their assessment. However, if a market surveillance authority so requests, microenterprises dealing with products and which have chosen to rely on paragraph 1 shall provide the authority with the facts relevant to the assessment referred to in paragraph 2.

5.   Service providers relying on point (b) of paragraph 1 shall, with regard to each category or type of service, renew their assessment of whether the burden is disproportionate:

(a)  when the service offered is altered; or

(b)  when requested to do so by the authorities responsible for checking compliance of services; and

(c)  in any event, at least every five years.

6.   Where economic operators receive funding from other sources than the economic operator’s own resources, whether public or private, that is provided for the purpose of improving accessibility, they shall not be entitled to rely on point (b) of paragraph 1.

7.   The Commission is empowered to adopt delegated acts in accordance with Article 26 to supplement Annex VI by further specifying the relevant criteria that are to be taken into account by the economic operator for the assessment referred to in paragraph 2 of this Article. When further specifying those criteria, the Commission shall take into account not only the potential benefits for persons with disabilities, but also those for persons with functional limitations.

When necessary, the Commission shall adopt the first such delegated act by … [one year after the date of entry into force of this Directive]. Such act shall start to apply, at the earliest, on ... [six years after the date of entry into force of this Directive].

8.  Where ▌ economic operators rely on paragraph 1 for a specific product or service they shall send information to that effect to the relevant market surveillance authorities, or authorities responsible for checking the compliance of services, of the Member State ▌where the specific product is placed on the market or the specific service is provided.

The first subparagraph shall not apply to microenterprises.

CHAPTER VI

HARMONISED STANDARDS AND TECHNICAL SPECIFICATIONS ▌OF PRODUCTS AND SERVICES

Article 15

Presumption of conformity

1.  Products and services which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union, shall be presumed to be in conformity with the accessibility requirements of this Directive in so far as those standards or parts thereof cover those requirements.

2.  The Commission shall, in accordance with Article 10 of Regulation (EU) No 1025/2012, request one or more European standardisation organisations to draft harmonised standards for the product accessibility requirements set out in Annex I. The Commission shall submit the first such draft request to the relevant committee by ... [two years after the date of entry into force of this Directive].

3.  The Commission may adopt implementing acts establishing technical specifications that meet the accessibility requirements of this Directive where the following conditions have been fulfilled:

(a)  no reference to harmonised standards is published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012; and

(b)  either:

(i)  the Commission has requested one or more European standardisation organisations to draft a harmonised standard and there are undue delays in the standardisation procedure or the request has not been accepted by any European standardisation organisations;

or

(ii)  the Commission can demonstrate that a technical specification respects the requirements laid down in Annex II of Regulation (EU) No 1025/2012, except for the requirement that the technical specifications should have been developed by a non-profit making organisation.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 27(2).

4.  Products and services which are in conformity with the technical specifications or parts thereof shall be presumed to be in conformity with the accessibility requirements of this Directive in so far as those technical specifications or parts thereof cover those requirements.

CHAPTER VII

CONFORMITY OF PRODUCTS AND CE MARKING

Article 16

EU declaration of conformity of products

1.  The EU declaration of conformity shall state that the fulfilment of the applicable accessibility requirements has been demonstrated. Where as an exception, Article 14 has been used, the EU declaration of conformity shall state which accessibility requirements are subject to that exception.

2.  The EU declaration of conformity shall have the model structure set out in Annex III to Decision No 768/2008/EC. It shall contain the elements specified in Annex IV to this Directive and shall be continuously updated. The requirements concerning the technical documentation shall avoid imposing any undue burden for microenterprises and SMEs. It shall be translated into the language or languages required by the Member State in which the product is placed or made available on the market.

3.  Where a product is subject to more than one Union act requiring an EU declaration of conformity, a single EU declaration of conformity shall be drawn up in respect of all such Union acts. That declaration shall contain the identification of the acts concerned including the publication references.

4.  By drawing up the EU declaration of conformity, the manufacturer shall assume responsibility for the compliance of the product with the requirements of this Directive.

Article 17

General principles of the CE marking of products

The CE marking shall be subject to the general principles set out in Article 30 of Regulation (EC) No 765/2008.

Article 18

Rules and conditions for affixing the CE marking

1.  The CE marking shall be affixed visibly, legibly and indelibly to the product or to its data plate. Where that is not possible, or not warranted, on account of the nature of the product, it shall be affixed to the packaging and to the accompanying documents.

2.  The CE marking shall be affixed before the product is placed on the market.

3.  Member States shall build upon existing mechanisms to ensure correct application of the regime governing the CE marking and shall take appropriate action in the event of improper use of that marking.

CHAPTER VIII

MARKET SURVEILLANCE OF PRODUCTS AND UNION SAFEGUARD PROCEDURE

Article 19

Market surveillance of products

1.  Article 15(3), Articles 16 to 19, Article 21, Articles 23 to 28 and Article 29(2) and (3) of Regulation (EC) No 765/2008 shall apply to products.

2.  When carrying out market surveillance of products, the relevant market surveillance authorities shall, when the economic operator has relied on Article 14 of this Directive:

(a)  check that the assessment referred to in Article 14 has been conducted by the economic operator;

(b)  review that assessment and its results, including the correct use of the criteria set out in Annex VI; and

(c)  check compliance with the applicable accessibility requirements.

3.  Member States shall ensure that information held by market surveillance authorities concerning the compliance of economic operators with the applicable accessibility requirements of this Directive and the assessment ▌ provided for in Article 14, is made available to consumers upon request and in an accessible format, except where that information cannot be provided for reasons of confidentiality as provided for in Article 19(5) of Regulation (EC) No 765/2008.

Article 20

Procedure at national level for dealing with products not complying with the applicable accessibility requirements

1.  Where the market surveillance authorities of one Member State ▌ have sufficient reason to believe that a product covered by this Directive does not comply with the applicable accessibility requirements, they shall carry out an evaluation in relation to the product concerned covering all requirements laid down in this Directive. The relevant economic operators shall fully cooperate with the market surveillance authorities for that purpose.

Where, in the course of the evaluation referred to in the first subparagraph, the market surveillance authorities find that the product does not comply with the requirements laid down in this Directive, they shall without delay require the relevant economic operator to take all appropriate corrective action to bring the product into compliance with those requirements ▌ within a reasonable period, commensurate with the nature of the non-compliance, as they may prescribe.

Market surveillance authorities shall require the relevant economic operator to withdraw the product from the market, within an additional reasonable period, only if the relevant economic operator has failed to take adequate corrective action within the period referred to in the second subparagraph.

Article 21 of Regulation (EC) No 765/2008 shall apply to the measures referred to in the second and third subparagraphs of this paragraph.

2.  Where the market surveillance authorities consider that non-compliance is not restricted to their national territory, they shall inform the Commission and the other Member States of the results of the evaluation and of the actions which they have required the economic operator to take.

3.  The economic operator shall ensure that all appropriate corrective action is taken in respect of all the products concerned that it has made available on the market throughout the Union.

4.  Where the relevant economic operator does not take adequate corrective action within the period referred to in the third subparagraph of paragraph 1, the market surveillance authorities shall take all appropriate provisional measures to prohibit or restrict the product's being made available on their national markets or to withdraw the product from that market ▌.

The market surveillance authorities shall inform the Commission and the other Member States, without delay, of those measures.

5.  The information referred to in the second subparagraph of paragraph 4 shall include all available details, in particular the data necessary for the identification of the non-compliant product, the origin of the product, the nature of the non-compliance alleged and the accessibility requirements with which the product does not comply, the nature and duration of the national measures taken and the arguments put forward by the relevant economic operator. In particular, the market surveillance authorities shall indicate whether the non-compliance is due to either :

(a)  the failure of the product to meet the applicable accessibility requirements; or

(b)  the shortcomings in the harmonised standards or in the technical specifications referred to in Article 15 conferring a presumption of conformity.

6.  Member States other than the Member State initiating the procedure under this Article shall without delay inform the Commission and the other Member States of any measures adopted and of any additional information at their disposal relating to the non-compliance of the product concerned, and, in the event of disagreement with the notified national measure, of their objections.

7.  Where, within three months of receipt of the information referred to in the second subparagraph of paragraph 4, no objection has been raised by either a Member State or the Commission in respect of a provisional measure taken by a Member State, that measure shall be deemed justified.

8.  Member States shall ensure that appropriate restrictive measures, such as withdrawal of the product from their market, are taken in respect of the product concerned without delay.

Article 21

Union safeguard procedure

1.  Where, on completion of the procedure set out in Article 20(3) and (4), objections are raised against a measure taken by a Member State, or where the Commission has reasonable evidence to suggest that a national measure is contrary to Union law, the Commission shall without delay enter into consultation with the Member States and the relevant economic operator or operators and shall evaluate the national measure. On the basis of the results of that evaluation, the Commission shall decide whether the national measure is justified or not.

The Commission shall address its decision to all Member States and shall immediately communicate it to them and the relevant economic operator or operators.

2.  Where the national measure referred to in paragraph 1 is considered justified, all Member States shall take the measures necessary to ensure that the non-compliant product is withdrawn from their market, and shall inform the Commission accordingly. Where the national measure is considered unjustified, the Member State concerned shall withdraw the measure.

3.  Where the national measure referred to in paragraph 1 of this Article is considered justified and the non-compliance of the product is attributed to shortcomings in the harmonised standards referred to in point (b) of Article 20(5), the Commission shall apply the procedure provided for in Article 11 of Regulation (EU) No 1025/2012.

4.  Where the national measure referred to in paragraph 1 of this Article is considered justified and the non-compliance of the product is attributed to shortcomings in the technical specifications referred to in point (b) of Article 20(5), the Commission shall, without delay, adopt implementing acts amending or repealing the technical specification concerned. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 27(2).

Article 22

Formal non-compliance

1.  Without prejudice to Article 20, where a Member State makes one of the following findings, it shall require the relevant economic operator to put an end to the non-compliance concerned:

(a)  the CE marking has been affixed in violation of Article 30 of Regulation (EC) No 765/2008 or of Article 18 of this Directive;

(b)  the CE marking has not been affixed;

(c)  the EU declaration of conformity has not been drawn up;

(d)  the EU declaration of conformity has not been drawn up correctly;

(e)  technical documentation is either not available or not complete;

(f)  the information referred to in Article 7(6) or Article 9(4) is absent, false or incomplete;

(g)  any other administrative requirement provided for in Article 7 or Article 9 is not fulfilled.

2.  Where the non-compliance referred to in paragraph 1 persists, the Member State concerned shall take all appropriate measures to restrict or prohibit the product being made available on the market or to ensure that it is withdrawn from the market.

CHAPTER IX

COMPLIANCE OF SERVICES

Article 23

Compliance of services

1.  Member States shall establish, implement and periodically update adequate procedures in order to:

(a)  check the compliance of services with the requirements of this Directive, including the assessment referred to in Article 14 for which Article 19(2) shall apply mutatis mutandis;

(b)  follow up complaints or reports on issues relating to non-compliance of services with the accessibility requirements of this Directive;

(c)  verify that the economic operator has taken the necessary corrective action.

2.  Member States shall designate the authorities responsible for the implementation of the procedures referred to in paragraph 1 with respect to the compliance of services.

Member States shall ensure that the public is informed of the existence, responsibilities, identity, work and decisions of the authorities referred to in the first subparagraph. Those authorities shall make that information available in accessible formats upon request.

CHAPTER X

ACCESSIBILITY REQUIREMENTS IN OTHER UNION ACTS

Article 24

▌Accessibility under other Union acts

1.  As regards the products and services referred to in Article 2 of this Directive, the accessibility requirements set out in Annex I thereto shall constitute mandatory accessibility requirements within the meaning of Article 42(1) of Directive 2014/24/EU and of Article 60(1) of Directive 2014/25/EU.

2.  Any product or service, the features, elements or functions of which comply with the accessibility requirements set out in Annex I to this Directive in accordance with Section VI thereof shall be presumed to fulfil the relevant obligations set out in Union acts other than this Directive, as regards accessibility, for those features, elements or functions, unless otherwise provided in those other acts.

Article 25

Harmonised standards and technical specifications for other Union acts

Conformity with harmonised standards and technical specifications or parts thereof which are adopted in accordance with Article 15, shall create a presumption of compliance with Article 24 in so far as those standards and technical specifications or parts thereof meet the accessibility requirements of this Directive.

CHAPTER XI

DELEGATED ACTS, IMPLEMENTING POWERS AND FINAL PROVISIONS

Article 26

Exercise of the delegation

1.  The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2.  The power to adopt delegated acts referred to in Article 4(9) shall be conferred on the Commission for an indeterminate period of time from ... [date of entry into force of this Directive].

The power to adopt delegated acts referred to in Article 12(3) and Article 14(7) shall be conferred on the Commission for a period of five years from ... [date of entry into force of this Directive]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

3.  The delegation of power referred to in Article 4(9), Article 12(3) and Article 14(7) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect on the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4.  Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

5.  As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

6.  A delegated act adopted pursuant to Article 4(9), Article 12(3) and Article 14(7) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

Article 27

Committee procedure

1.  The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2.  Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

Article 28

Working Group

The Commission shall establish a working group consisting of representatives of market surveillance authorities, authorities responsible for compliance of services and relevant stakeholders, including representatives of persons with disabilities organisations.

The working group shall:

(a)  facilitate the exchange of information and best practices among the authorities and relevant stakeholders;

(b)  foster cooperation between authorities and relevant stakeholders on matters relating to the implementation of this Directive to improve coherence in the application of the accessibility requirements of this Directive and to monitor closely the implementation of Article 14; and

(c)  provide advice, in particular to the Commission, notably on the implementation of Article 4 and Article 14.

Article 29

Enforcement

1.  Member States shall ensure that adequate and effective means exist to ensure compliance with this Directive.

2.  The means referred to in paragraph 1 shall include:

(a)  provisions whereby a consumer may take action under national law before the courts or before the competent administrative bodies to ensure that the national provisions transposing this Directive are complied with;

(b)  provisions whereby public bodies or private associations, organisations or other legal entities which have a legitimate interest, in ensuring that this Directive is complied with, may engage under national law before the courts or before the competent administrative bodies either on behalf or in support of the complainant, with his or her approval, in any judicial or administrative procedure provided for the enforcement of obligations under this Directive.

3.  This Article shall not apply to procurement procedures which are subject to Directive 2014/24/EU or Directive 2014/25/EU.

Article 30

Penalties

1.  Member States shall lay down the rules on penalties applicable to infringements of national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented.

2.  The penalties provided for shall be effective, proportionate and dissuasive. Those penalties shall also be accompanied by effective remedial action in case of non-compliance of the economic operator.

3.  Member States shall, without delay, notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendment affecting them.

4.  Penalties shall take into account the extent of the non-compliance, including its seriousness, and the number of units of non-complying products or services concerned, as well as the number of persons affected.

5.  This Article shall not apply to procurement procedures which are subject to Directive 2014/24/EU or Directive 2014/25/EU.

Article 31

Transposition

1.  Member States shall adopt and publish, by … [three years after the date of entry into force of this Directive] ▌, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall immediately communicate ▌the text of those measures to the Commission.

2.  They shall apply those measures from … [▌six years after the date of entry into force of this Directive].

3.  By way of derogation from paragraph 2 of this Article, Member States may decide to apply the measures regarding the obligations set out in Article 4(8) at the latest from … [eight years after the date of entry into force of this Directive].

4.  When Member States adopt those measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

5.  Member States shall communicate to the Commission the text of the main measures of national law which they adopt in the field covered by this Directive.

6.  Member States using the possibility provided for in Article 4(4) shall communicate to the Commission the text of the main measures of national law which they adopt to that end and shall report to the Commission on the progress made in their implementation.

Article 32

Transitional measures

1.  Without prejudice to paragraph 2 of this Article, Member States shall provide for a transitional period ending on … [11 years after the date of entry into force of this Directive] during which service providers may continue to provide their services using products which were lawfully used by them to provide similar services before that date.

Service contracts agreed before … [six years after the date of entry into force of this Directive] may continue without alteration until they expire, but no longer than five years from that date.

2.  Member States may provide that self-service terminals lawfully used by service providers for the provision of services before .... [six years after the date of entry into force of this Directive] may continue to be used in the provision of similar services until the end of their economically useful life, but no longer than 20 years after their entry into use.

Article 33

Report and review

1.  By ... [11 years after the date of entry into force of this Directive], and every five years thereafter, the Commission shall submit to the European Parliament, to the Council, to the European Economic and Social Committee and to the Committee of the Regions a report on the application of this Directive.

2.   The reports shall, inter alia, address in the light of social, economic and technological developments the evolution of the accessibility of products and services, possible technology lock in or barriers to innovation and the impact of this Directive on economic operators and on persons with disabilities ▌. The reports shall also assess whether the application of Article 4(4) has contributed to approximate diverging accessibility requirements of the built environment of passenger transport services, consumer banking services and customer service centres of shops of electronic communications service providers, where possible, with a view to allowing their progressive alignment to the accessibility requirements set out in Annex III.

The reports shall also assess if the application of this Directive, in particular its voluntary provisions, has contributed to approximate accessibility requirements of the built environment constituting works falling within the scope of Directive 2014/23/EU of the European Parliament and of the Council(37), Directive 2014/24/EU and Directive 2014/25/EU.

The reports shall also address the effects to the functioning of the internal market of the application of Article 14 of this Directive, including, where available, on the basis of information received in accordance with Article 14(8), as well as the exemptions for microenterprises. The reports shall conclude whether this Directive has achieved its objectives and whether it would be appropriate to include new products and services, or to exclude certain products or services from the scope of this Directive and they shall identify, where possible, areas for burden reduction ▌ with a view to a possible revision of this Directive.

The Commission shall, if necessary, propose appropriate measures which could include legislative measures.

3.  Member States shall communicate to the Commission in due time all the information necessary for the Commission to draw up such reports.

4.  The Commission’s reports shall take into account the views of the economic stakeholders and relevant non-governmental organisations, including organisations of persons with disabilities ▌.

Article 34

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Article 35

This Directive is addressed to the Member States.

Done at ...,

For the European Parliament For the Council

The President The President

_____________________

ANNEX I

ACCESSIBILITY REQUIREMENTS FOR PRODUCTS AND SERVICES

SECTION I: GENERAL ACCESSIBILITY REQUIREMENTS RELATED TO ALL PRODUCTS COVERED BY THIS DIRECTIVE IN ACCORDANCE WITH ARTICLE 2(1)

Products must be designed and produced in such a way as to maximise their foreseeable use by persons with disabilities and shall be accompanied where possible in or on the product by accessible information on their functioning and on their accessibility features.

1.  Requirements on the provision of information:

(a)  the information on the use of the product provided on the product itself (labelling, instructions and warning) shall be:

(i)  made available via more than one sensory channel;

(ii)  presented in an understandable way;

(iii)  presented to users in ways they can perceive;

(iv)  presented in fonts of adequate size and suitable shape, taking into account foreseeable conditions of use, and using sufficient contrast, as well as adjustable spacing between letters, lines and paragraphs;

(b)  the instructions for use of a product, where not provided on the product itself but made available through the use of the product or through other means such as a website, including the accessibility functions of the product, how to activate them and their interoperability with assistive solutions shall be publicly available when the product is placed on the market and shall:

(i)  be made available via more than one sensory channel;

(ii)  be presented in an understandable way;

(iii)  be presented to users in ways they can perceive;

(iv)  be presented in fonts of adequate size and suitable shape, taking into account foreseeable conditions of use and using sufficient contrast, as well as adjustable spacing between letters, lines and paragraphs;

(v)  with regard to content, be made available in text formats that can be used for generating alternative assistive formats to be presented in different ways and via more than one sensory channel;

(vi)  be accompanied by an alternative presentation of any non-textual content;

(vii)  include a description of the user interface of the product (handling, control and feedback, input and output) which is provided in accordance with point 2; the description shall indicate for each of the points in point 2 whether the product provides those features;

(viii)  include a description of the functionality of the product which is provided by functions aiming to address the needs of persons with disabilities in accordance with point 2; the description shall indicate for each of the points in point 2 whether the product provides those features;

(ix)  include a description of the software and hardware interfacing of the product with assistive devices; the description shall include a list of those assistive devices which have been tested together with the product.

2.  User interface and functionality design:

The product, including its user interface, shall contain features, elements and functions, that allow persons with disabilities to access, perceive, operate, understand and control the product by ensuring that:

(a)  when the product provides for communication, including interpersonal communication, operation, information, control and orientation, it shall do so via more than one sensory channel; this shall include providing alternatives to vision, auditory, speech and tactile elements;

(b)  when the product uses speech it shall provide alternatives to speech and vocal input for communication, operation control and orientation;

(c)  when the product uses visual elements it shall provide for flexible magnification, brightness and contrast for communication, information and operation, as well as ensure interoperability with programmes and assistive devices to navigate the interface;

(d)  when the product uses colour to convey information, indicate an action, require a response or identify elements, it shall provide an alternative to colour;

(e)  when the product uses audible signals to convey information, indicate an action, require a response or identify elements, it shall provide an alternative to audible signals;

(f)  when the product uses visual elements it shall provide for flexible ways of improving vision clarity;

(g)  when the product uses audio it shall provide for user control of volume and speed, and enhanced audio features including the reduction of interfering audio signals from surrounding products and audio clarity;

(h)  when the product requires manual operation and control, it shall provide for sequential control and alternatives to fine motor control, avoiding the need for simultaneous controls for manipulation, and shall use tactile discernible parts;

(i)  the product shall avoid modes of operation requiring extensive reach and great strength;

(j)  the product shall avoid triggering photosensitive seizures;

(k)  the product shall protect the user's privacy when he or she uses the accessibility features;

(l)  the product shall provide an alternative to biometrics identification and control;

(m)  the product shall ensure the consistency of the functionality and shall provide enough, and flexible amounts of, time for interaction;

(n)  the product shall provide software and hardware for interfacing with the assistive technologies;

(o)  the product shall comply with the following sector-specific requirements:

(i)  self-service terminals:

—  shall provide for text-to-speech technology;

—  shall allow for the use of personal headsets;

—  where a timed response is required, shall alert the user via more than one sensory channel;

—  shall give the possibility to extend the time given;

—  shall have an adequate contrast and tactilely discernible keys and controls when keys and controls are available;

—  shall not require an accessibility feature to be activated in order to enable a user who needs the feature to turn it on;

—  when the product uses audio or audible signals, it shall be compatible with assistive devices and technologies available at Union level, including hearing technologies such as hearing aids, telecoils, cochlear implants and assistive listening devices;

(ii)  e-readers shall provide for text-to-speech technology;

(iii)  consumer terminal equipment with interactive computing capability, used for the provision of electronic communications services:

—  shall, when such products have text capability in addition to voice, provide for the handling of real time text and support high fidelity audio;

—  shall, when they have video capabilities in addition to or in combination with text and voice, provide for the handling of total conversation including synchronised voice, real time text, and video with a resolution enabling sign language communication;

—  shall ensure effective wireless coupling to hearing technologies;

—  shall avoid interferences with assistive devices;

(iv)  consumer terminal equipment with interactive computing capability, used for accessing audio visual media services shall make available to persons with disabilities the accessibility components provided by the audio-visual media service provider, for user access, selection, control, and personalisation and for transmission to assistive devices.

3.  Support services:

Where available, support services (help desks, call centres, technical support, relay services and training services) shall provide information on the accessibility of the product and its compatibility with assistive technologies, in accessible modes of communication.

SECTION II: ACCESSIBILITY REQUIREMENTS RELATED TO PRODUCTS IN ARTICLE 2(1), EXCEPT FOR THE SELF-SERVICE TERMINALS REFERRED TO IN ARTICLE 2(1)(b)

In addition to the requirements of Section I, the packaging and instructions of products covered by this Section shall be made accessible, in order to maximise their foreseeable use by persons with disabilities. This means that:

(a)  the packaging of the product including the information provided in it (e.g. about opening, closing, use, disposal), including, when provided, information about the accessibility characteristics of the product, shall be made accessible; and, when feasible, that accessible information shall be provided on the package;

(b)  the instructions for the installation and maintenance, storage and disposal of the product not provided on the product itself but made available through other means, such as a website, shall be publicly available when the product is placed on the market and shall comply with the following requirements:

(i)  be available via more than one sensory channel;

(ii)  be presented in an understandable way;

(iii)  be presented to users in ways they can perceive;

(iv)  be presented in fonts of adequate size and suitable shape, taking into account foreseeable conditions of use, and using sufficient contrast, as well as adjustable spacing between letters, lines and paragraphs;

(v)  content of instructions shall be made available in text formats that can be used for generating alternative assistive formats to be presented in different ways and via more than one sensory channel; and

(vi)  instructions containing any non-textual content shall be accompanied by an alternative presentation of that content.

SECTION III: GENERAL ACCESSIBILITY REQUIREMENTS RELATED TO ALL SERVICES COVERED BY THIS DIRECTIVE IN ACCORDANCE WITH ARTICLE 2(2)

▌The provision of services in order to maximise their foreseeable use by ▌ persons with disabilities, shall be achieved by:

(a)  ensuring the accessibility of the products used in the provision of the service, in accordance with Section I of this Annex and, where applicable, Section II thereof;

(b)  providing information about the functioning of the service, and where products are used in the provision of the service, its link to these products as well as information about their accessibility characteristics and interoperability with assistive devices and facilities ▌:

(i)  making the information available via more than one sensory channel;

(ii)  presenting the information in an understandable way;

(iii)  presenting the information to users in ways they can perceive;

(iv)  making the information content ▌available in text formats that can be used to generate alternative assistive formats to be presented in different ways by the users and via more than one sensory channel;

(v)  presenting in fonts of adequate size and suitable shape, taking into account foreseeable conditions of use and using sufficient contrast, as well as adjustable spacing between letters, lines and paragraphs;

(vi)  supplementing any non-textual content with an alternative presentation of that content; and

(vii)  providing electronic information ▌ needed in the provision of the service in a consistent and adequate way by making it perceivable, operable, understandable and robust;

(c)  making websites, including the related online applications, and mobile device-based services, including mobile applications, accessible in a consistent and adequate way by making them perceivable, operable, understandable and robust;

(d)  where available, support services (help desks, call centres, technical support, relay services and training services) providing information on the accessibility of the service and its compatibility with assistive technologies, in accessible modes of communication.

SECTION IV: ADDITIONAL ACCESSIBILITY REQUIREMENTS RELATED TO SPECIFIC SERVICES

The provision of services in order to maximise their foreseeable use by persons with disabilities, shall be achieved by including functions, practices, policies and procedures and alterations in the operation of the service targeted to address the needs of persons with disabilities and ensure interoperability with assistive technologies:

(a)  Electronic communications services, including emergency communications referred to in Article 109(2) of Directive (EU) 2018/1972:

(i)  providing real time text in addition to voice communication;

(ii)  providing total conversation where video is provided in addition to voice communication;

(iii)  ensuring that emergency communications using voice, text (including real time text) is synchronised and where video is provided is also synchronised as total conversation and is transmitted by the electronic communications service providers to the most appropriate PSAP.

(b)  Services providing access to audiovisual media services:

(i)  providing electronic programme guides (EPGs) which are perceivable, operable, understandable and robust and provide information about the availability of accessibility;

(ii)  ensuring that the accessibility components (access services) of the audiovisual media services such as subtitles for the deaf and hard of hearing, audio description, spoken subtitles and sign language interpretation are fully transmitted with adequate quality for accurate display, and synchronised with sound and video, while allowing for user control of their display and use.

(c)  Air, bus, rail and waterborne passenger transport services except for urban and suburban transport services and regional transport services:

(i)  ensuring the provision of information on the accessibility of vehicles, the surrounding infrastructure and the built environment and on assistance for persons with disabilities;

(ii)  ensuring the provision of information about smart ticketing (electronic reservation, booking of tickets, etc.), real-time travel information (timetables, information about traffic disruptions, connecting services, onwards travel with other transport modes, etc.), and additional service information (e.g. staffing of stations, lifts that are out of order or services that are temporarily unavailable).

(d)  Urban and suburban transport services and regional transport services: ensuring the accessibility of self-service terminals used in the provision of the service in accordance with Section I of this Annex.

(e)  Consumer banking services:

(i)  providing identification methods, electronic signatures, security, and payment services which are perceivable, operable, understandable and robust;

(ii)  ensuring that the information is understandable, without exceeding a level of complexity superior to level B2 (upper intermediate) of the Council of Europe’s Common European Framework of Reference for Languages.

(f)  E-books:

(i)  ensuring that, when an e-book contains audio in addition to text, it then provides synchronised text and audio;

(ii)  ensuring that e-book digital files do not prevent assistive technology from operating properly;

(iii)  ensuring access to the content, the navigation of the file content and layout including dynamic layout, the provision of the structure, flexibility and choice in the presentation of the content;

(iv)  allowing alternative renditions of the content and its interoperability with a variety of assistive technologies, in such a way that it is perceivable, understandable, operable and robust;

(v)  making them discoverable by providing information through metadata about their accessibility features;

(vi)  ensuring that digital rights management measures do not block accessibility features.

(g)  E-Commerce services:

(i)  providing the information concerning accessibility of the products and services being sold when this information is provided by the responsible economic operator;

(ii)  ensuring the accessibility of the functionality for identification, security and payment when delivered as part of a service instead of a product by making it perceivable, operable, understandable and robust;

(iii)  providing identification methods, electronic signatures, and payment services which are perceivable, operable, understandable and robust.

SECTION V: SPECIFIC ACCESSIBILITY REQUIREMENTS RELATED TO THE ANSWERING OF EMERGENCY COMMUNICATIONS TO THE SINGLE EUROPEAN EMERGENCY NUMBER ‘112’ BY THE MOST APPROPRIATE PSAP

In order to maximise their foreseeable use by persons with disabilities, the answering of emergency communications to the single European emergency number ‘112’ by the most appropriate PSAP, shall be achieved by including functions, practices, policies and procedures and alterations ▌targeted to address the needs of persons with disabilities.

Emergency communications to the single European emergency number ‘112’shall be appropriately answered, in the manner best suited to the national organisation of emergency systems, by the most appropriate PSAP using the same communication means as received, namely by using synchronised voice and text (including real time text), or, where video is provided, voice, text (including real time text) and video synchronised as total conversation.

SECTION VI: ACCESSIBILITY REQUIREMENTS FOR FEATURES, ELEMENTS OR FUNCTIONS OF PRODUCTS AND SERVICES IN ACCORDANCE WITH ARTICLE 24(2)

The presumption to fulfil the relevant obligations set out in other Union acts concerning features, elements or functions of products and services requires the following:

1.  Products:

(a)  the accessibility of the information concerning the functioning and accessibility features related to products complies with the corresponding elements set out in point 1 of Section I of this Annex, namely information on the use of the product provided on the product itself and the instructions for use of a product, not provided in the product itself but made available through the use of the product or other means such as a website;

(b)  the accessibility of features, elements and functions of the user interface and the functionality design of products complies with the corresponding accessibility requirements of such user interface or functionality design set out in point 2 of Section I of this Annex;

(c)  the accessibility of the packaging, including the information provided in it and instructions for the installation and maintenance, storage and disposal of the product not provided in the product itself but made available through other means such as a website, except for self-service terminals complies with the corresponding accessibility requirements set out in Section II of this Annex.

2.  Services:

the accessibility of the features, elements and functions of services complies with the corresponding accessibility requirements for those features, elements and functions set out in the services-related Sections of this Annex.

SECTION VII: FUNCTIONAL PERFORMANCE CRITERIA

In order to maximise the foreseeable use by persons with disabilities, when the accessibility requirements, set out in Sections I to VI of this Annex, do not address one or more functions of the design and production of products or the provision of services those functions or means shall be accessible by complying with the related functional performance criteria.

Those functional performance criteria may only be used as an alternative to one or more specific technical requirements, when these are referred to in the accessibility requirements, if and only if the application of the relevant functional performance criteria complies with the accessibility requirements and it determines that the design and production of products and the provision of services results in equivalent or increased accessibility for the foreseable use by persons with disabilities.

(a)  Usage without vision

Where the product or service provides visual modes of operation, it shall provide at least one mode of operation that does not require vision.

(b)  Usage with limited vision

Where the product or service provides visual modes of operation, it shall provide at least one mode of operation that enables users to operate the product with limited vision.

(c)  Usage without perception of colour

Where the product or service provides visual modes of operation, it shall provide at least one mode of operation that does not require user perception of colour.

(d)  Usage without hearing

Where the product or service provides auditory modes of operation, it shall provide at least one mode of operation that does not require hearing.

(e)  Usage with limited hearing

Where the product or service provides auditory modes of operation, it shall provide at least one mode of operation with enhanced audio features that enables users with limited hearing to operate the product.

(f)  Usage without vocal capability

Where the product or service requires vocal input from users, it shall provide at least one mode of operation that does not require vocal input. Vocal input includes any orally-generated sounds like speech, whistles or clicks.

(g)  Usage with limited manipulation or strength

Where the product or service requires manual actions, it shall provide at least one mode of operation that enables users to make use of the product through alternative actions not requiring fine motor control and manipulation, hand strength or operation of more than one control at the same time.

(h)  Usage with limited reach

The operational elements of products shall be within reach of all users. Where the product or service provides a manual mode of operation, it shall provide at least one mode of operation that is operable with limited reach and limited strength.

(i)  Minimising the risk of triggering photosensitive seizures

Where the product provides visual modes of operation, it shall avoid modes of operation that trigger photosensitive seizures.

(j)  Usage with limited cognition

The product or service shall provide at least one mode of operation incorporating features that make it simpler and easier to use.

(k)  Privacy

Where the product or service incorporates features that are provided for accessibility, it shall provide at least one mode of operation that maintains privacy when using those features that are provided for accessibility.

___________________

ANNEX II

INDICATIVE NON-BINDING EXAMPLES OF POSSIBLE SOLUTIONS THAT CONTRIBUTE TO MEETING THE ACCESSIBILITY REQUIREMENTS IN ANNEX I

SECTION I:

EXAMPLES RELATED TO GENERAL ACCESSIBILITY REQUIREMENTS FOR ALL PRODUCTS COVERED BY THIS DIRECTIVE IN ACCORDANCE WITH ARTICLE 2(1)

REQUIREMENTS IN SECTION I OF

ANNEX I

EXAMPLES

1.  The provision of information

(a)  

(i)

Providing visual and tactile information or visual and auditory information indicating the place where to introduce a card in a self-service terminal so that blind persons and deaf persons can use the terminal.

(ii)  

Using the same words in a consistent manner, or in a clear and logical structure, so that persons with intellectual disabilities can better understand it.

(iii)  

Providing tactile relief format or sound in addition to a text warning so that blind persons can perceive it.

(iv)  

Allowing that text can be read by persons who are visually impaired.

(b)  

(i)  

Providing electronic files which can be read by a computer using screen readers so that blind persons can use the information.

(ii)  

Using the same words in a consistent manner, or in a clear and logical structure, so that persons with intellectual disabilities can better understand them.

(iii)  

Providing subtitles when video instructions are provided.

(iv)  

Allowing that the text can be read by persons who are visually impaired.

(v)  

Printing in Braille, so that a blind person can use them.

(vi)  

Accompanying a diagram with a text description identifying the main elements or describing key actions.

(vii)  

No example provided

(viii)  

No example provided

(ix)  

Including a socket and software in automated teller machines which will allow the plugging of a headphone which will receive the text on the screen in the form of sound.

2.  User interface and functionality design

(a)  

Providing instructions in the form of voice and text, or by incorporating tactile signs in a keypad, so that persons who are blind or hard of hearing can interact with the product.

(b)  

Offering in a self-service terminal in addition to the spoken instructions, for example, instructions in the form of text or images so that deaf persons can also perform the action required

(c)  

Allowing users to enlarge a text, to zoom in on a particular pictogram or to increase the contrast, so that persons who are visually impaired can perceive the information.

(d)  

In addition of giving a choice to press the green or the red button for selecting an option, providing in written on the buttons what the options are, in order to allow person who are colour blind to make the choice.

(e)  

When a computer gives an error signal, providing a written text or an image indicating the error, so as to allow deaf persons to apprehend that an error is occurring.

(f)  

Allowing for additional contrast in foreground images so that persons who have low vision can see them.

(g)  

Allowing the user of a telephone to select the volume of the sound and reduce the interference with hearing aids so that persons who are hard of hearing can use the telephone.

(h)  

Making touch screen buttons bigger and well separated so that persons with tremor can press them.

(i)

Ensuring that buttons to be pressed do not require much force so that persons who have motor impairments can use them.

(j)  

Avoiding flickering images so that persons who get seizures are not at risk.

(k)  

Allowing the use of headphones when spoken information is provided by automated teller machines.

(l)  

As an alternative to fingerprint recognition, allowing users who cannot use their hands to select a password for locking and unlocking a phone.

(m)  

Ensuring that the software reacts in a predictable way when a particular action is performed and providing enough time to enter a password so that is easy to use for persons with intellectual disabilities.

(n)  

Offering a connection with a refreshable Braille display so that blind persons can use the computer.

(o)  

Examples of sector-specific requirements

(i)  

No example provided

(ii)

No example provided

(iii)  First indent

Providing that a mobile phone should be able to handle real time text conversations so that persons who are hard of hearing can exchange information in an interactive way.

(iii)  Fourth indent

Allowing the simultaneous use of video to display sign language and text to write a message, so that two deaf persons can communicate with each other or with a hearing person.

(iv)

Ensuring that subtitles are transmitted through the set top box for their use by deaf persons.

3.  Support services: No example provided

SECTION II:

EXAMPLES RELATED TO ACCESSIBILITY REQUIREMENTS FOR PRODUCTS IN ARTICLE 2(1), EXCEPT FOR THE SELF-SERVICE TERMINALS REFERRED TO IN ARTICLE 2(1)(b)

REQUIREMENTS IN SECTION II OF

ANNEX I

EXAMPLES

Packaging and instructions of products

(a)  

Indicating in the packaging that the phone contains accessibility features for persons with disabilities.

(b)

(i)  

Providing electronic files which can be read by a computer using screen readers so that blind persons can use the information.

(ii)  

Using the same words in a consistent manner, or in a clear and logical structure, so that persons with intellectual disabilities can better understand it.

(iii)  

Providing tactile relief format or sound when a text warning is present so that blind persons receive the warning.

(iv)  

Providing that the text can be read by persons who are visually impaired.

(v)  

Printing in Braille, so that a blind person can read it.

(vi)  

Supplementing a diagram with a text description identifying the main elements or describing key actions.

SECTION III:

EXAMPLES RELATED TO GENERAL ACCESSIBILITY REQUIREMENTS FOR ALL SERVICES COVERED BY THIS DIRECTIVE IN ACCORDANCE WITH ARTICLE 2(2)

REQUIREMENTS IN SECTION III OF

ANNEX I

EXAMPLES

The provision of services

(a)  

No example provided

(b)  

(i)  

Providing electronic files which can be read by a computer using screen readers so that blind persons can use the information.

(ii)  

Using the same words in a consistent manner or in a clear and logical structure so that persons with intellectual disabilities can better understand it.

(iii)  

Including subtitles when a video with instructions is provided.

(iv)  

Providing that a blind person can use a file by printing it in Braille.

(v)  

Providing that the text can be read by persons who are visually impaired.

(vi)  

Supplementing a diagram with a text description identifying the main elements or describing key actions.

(vii)  

When a service provider offers a USB-key containing information about the service, providing that information is accessible.

(c)  

Providing text description of pictures, making all functionality available from a keyboard, giving users enough time to read, making content appear and operate in a predictable way, and providing compatibility with assistive technologies, so that persons with diverse disabilities can read and interact with a website.

(d)  

No example provided

SECTION IV:

EXAMPLES RELATED TO ADDITIONAL ACCESSIBILITY REQUIREMENTS FOR SPECIFIC SERVICES

REQUIREMENTS IN SECTION IV OF

ANNEX I

EXAMPLES

Specific services

(a)  

(i)  

Providing that persons who are hard of hearing could write and receive text in an interactive manner and in real time.

(ii)  

Providing that deaf persons can use sign language to communicate among themselves.

(iii)  

Providing that a person who has speech and hearing impairments and chooses to use a combination of text, voice and video, knows that the communication is transmitted through the network to an emergency service.

(b)  

(i)  

Providing that a blind person can select programmes on the television.

(ii)  

Supporting the possibility to select, personalise and display "access services" such as subtitles for deaf persons or persons who are hard of hearing, audio description, spoken subtitles and sign language interpretation, by providing means for effective wireless coupling to hearing technologies or by providing user controls to activate "access services" for audiovisual media services at the same level of prominence as the primary media controls.

(c)  

(i)

No example provided

(ii)  

No example provided

(d)  No example provided

(e)  

(i)  

Making the identification dialogues on a screen readable by screen readers so that blind persons can use them.

(ii)  

No example provided

(f)

(i)  

Providing that a person with dyslexia can read and hear the text at the same time.

(ii)  

Enabling synchronized text and audio output or by enabling a refreshable Braille transcript.

(iii)  

Providing that a blind person can access the index or change chapters.

(iv)

No example provided

(v)  

Ensuring that information on their accessibility features is available in the electronic file so that persons with disabilities can be informed.

(vi)  

Ensuring that there is no blocking, for example that technical protection measures, rights management information or interoperability issues do not prevent the text from being read aloud by the assistive devices, so that blind users can read the book.

(g)  

(i)  

Ensuring that available information on the accessibility features of a product is not deleted.

(ii)  

Making the payment service user interface available by voice so that blind persons can make online purchases independently.

(iii)  

Making the identification dialogues on a screen readable by screen readers so that blind persons can use them.

_______________________

ANNEX III

ACCESSIBILITY REQUIREMENTS FOR THE PURPOSE OF ARTICLE 4(4) CONCERNING THE BUILT ENVIRONMENT WHERE THE SERVICES UNDER THE SCOPE OF THIS DIRECTIVE ARE PROVIDED

In order to maximise the foreseeable use in an independent manner by ▌persons with disabilities ▌of the built environment in which a service is provided and which is under the responsibility of the service provider, as referred to in Article 4(4), the accessibility of areas intended for public access shall include the following aspects:

(a)  use of related outdoor areas and facilities ▌;

(b)  approaches to buildings ▌;

(c)   use of entrances;

(d)  use of paths in horizontal circulation;

(e)  use of paths in vertical circulation;

(f)  use of rooms by the public;

(g)  use of equipment and facilities used in the provision of the service;

(h)  use of toilets and sanitary facilities;

(i)  use of exits, evacuation routes and concepts for emergency planning;

(j)  communication and orientation via more than one sensory channel;

(k)  use of facilities and buildings for their foreseeable purpose;

(l)  protection from hazards in the environment indoors and outdoors.

_____________________

ANNEX IV

CONFORMITY ASSESSMENT PROCEDURE – PRODUCTS

1.  Internal production control

▌Internal production control is the conformity assessment procedure whereby the manufacturer fulfils the obligations laid down in points 2, 3 and 4 of this Annex, and ensures and declares on its sole responsibility that the product ▌concerned satisfy the appropriate requirements of this Directive.

2.  Technical documentation

The manufacturer shall establish the technical documentation. The technical documentation shall make it possible to assess the conformity of the product to the relevant accessibility requirements referred to in Article 4 and, in case the manufacturer relied on Article 14, to demonstrate that relevant accessibility requirements would introduce a fundamental alteration or impose a disproportionate burden. The technical documentation shall specify only the applicable requirements and cover, as far as relevant for the assessment, the design, manufacture and operation of the product.

The technical documentation shall, wherever applicable, contain at least the following elements:

(a)  a general description of the product;

(b)  a list of the harmonised standards and technical specifications the references of which have been published in the Official Journal of the European Union, applied in full or in part, and descriptions of the solutions adopted to meet the relevant accessibility requirements referred to in Article 4 where those harmonised standards or technical specifications have not been applied; in the event of partly applied harmonised standards or technical specifications, the technical documentation shall specify the parts which have been applied.

3.  Manufacturing

The manufacturer shall take all measures necessary so that the manufacturing process and its monitoring ensure compliance of the products with the technical documentation referred to in point 2 of this Annex and with the accessibility requirements of this Directive.

4.  CE marking and EU declaration of conformity

4.1.  The manufacturer shall affix the CE marking referred to in this Directive to each individual product that satisfies the applicable requirements of this Directive.

4.2  The manufacturer shall draw up a written EU declaration of conformity for a product model. The EU declaration of conformity shall identify the product for which it has been drawn up.

A copy of the EU declaration of conformity shall be made available to the relevant authorities upon request.

5.  Authorised representative

The manufacturer's obligations set out in point 4 may be fulfilled by its authorised representative, on its behalf and under its responsibility, provided that they are specified in the mandate.

____________________

ANNEX V

INFORMATION ON SERVICES MEETING ACCESSIBILITY REQUIREMENTS

1.  The service provider shall include the information assessing how the service meets the accessibility requirements referred to in Article 4 in the general terms and conditions, or equivalent document. The information shall describe the applicable requirements and cover, as far as relevant for the assessment the design and the operation of the service. In addition to the consumer information requirements of Directive 2011/83/EU, the information shall, where applicable, contain the following elements:

(a)  a general description of the service in accessible formats;

(b)  descriptions and explanations necessary for the understanding of the operation of the service;

(c)  a description of how the relevant accessibility requirements set out in Annex I are met by the service.

2.  To comply with point 1 of this Annex the service provider may apply in full or in part the harmonised standards and technical specifications, for which references have been published in the Official Journal of the European Union.

3.  The service provider shall provide information demonstrating that the service delivery process and its monitoring ensure compliance of the service with point 1 of this Annex and with the applicable requirements of this Directive.

_________________________

ANNEX VI

CRITERIA FOR ASSESSMENT OF DISPROPORTIONATE BURDEN

Criteria to carry out and document the assessment:

1.  Ratio of the net costs of compliance with accessibility requirements to the overall costs (operating and capital expenditures) of manufacturing, distributing or importing the product or providing the service for the economic operators.

Elements to use to assess the net costs of compliance with accessibility requirements:

(a)  criteria related to one-off organisational costs to take into account in the assessment:

(i)  costs related to additional human resources with accessibility expertise;

(ii)  costs related to training human resources and acquiring competences on accessibility;

(iii)  costs of development of a new process for including accessibility in the product development or service provision;

(iv)  costs related to development of guidance material on accessibility;

(v)  one-off costs of understanding the legislation on accessibility;

(b)  criteria related to on-going production and development costs to take into account in the assessment:

(i)  costs related to the design of the accessibility features of the product or service;

(ii)  costs incurred in the manufacturing processes;

(iii)  costs related to testing the product or service for accessibility;

(iv)  costs related to establishing documentation.

2.  The estimated costs and benefits for the economic operators, including production processes and investments, in relation to the estimated benefit for persons with disabilities, taking into account the amount and frequency of use of the specific product or service.

3.  Ratio of the net costs of compliance with accessibility requirements to the net turnover of the economic operator.

Elements to use to assess the net costs of compliance with accessibility requirements:

(a)  criteria related to one-off organisational costs to take into account in the assessment:

(i)  costs related to additional human resources with accessibility expertise;

(ii)  costs related to training human resources and acquiring competences on accessibility;

(iii)  costs of development of a new process for including accessibility in the product development or service provision;

(iv)  costs related to development of guidance material on accessibility;

(v)  one off costs of understanding the legislation on accessibility;

(b)  criteria related to on-going production and development costs to take into account in the assessment:

(i)  costs related to the design of the accessibility features of the product or service;

(ii)  costs incurred in the manufacturing processes;

(iii)  costs related to testing the product or service for accessibility;

(iv)  costs related to establishing documentation.

(1) OJ C 303, 19.8.2016, p. 103.
(2) This position replaces the amendments adopted on 14 September 2017 (Texts adopted, P8_TA(2017)0347).
(3)OJ C 303, 19.8.2016, p. 103.
(4) Position of the European Parliament of 13 March 2019.
(5)Directive 2014/33/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to lifts and safety components for lifts (OJ L 96, 29.3.2014, p. 251).
(6)Regulation (EC) No 661/2009 of the European Parliament and of the Council of 13 July 2009 concerning type-approval requirements for the general safety of motor vehicles, their trailers and systems, components and separate technical units intended therefor (OJ L 200, 31.7.2009, p. 1).
(7) Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (OJ L 321, 17.12.2018, p. 36).
(8) Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (OJ L 95, 15.4.2010, p. 1).
(9) Directive (EU) 2016/2102 of the European Parliament and of the Council of 26 October 2016 on the accessibility of the websites and mobile applications of public sector bodies (OJ L 327, 2.12.2016, p. 1).
(10)Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91 (OJ L 46, 17.2.2004, p. 1).
(11) Regulation (EC) No 1107/2006 of the European Parliament and of the Council of 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air (OJ L 204, 26.7.2006, p. 1).
(12)Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers’ rights and obligations (OJ L 315, 3.12.2007, p. 14).
(13)Regulation (EU) No 1177/2010 of the European Parliament and of the Council of 24 November 2010 concerning the rights of passengers when travelling by sea and inland waterway and amending Regulation (EC) No 2006/2004 (OJ L 334, 17.12.2010, p. 1).
(14)Regulation (EU) No 181/2011 of the European Parliament and of the Council of 16 February 2011 concerning the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004 (OJ L 55, 28.2.2011, p. 1).
(15) Directive 2008/57/EC of the European Parliament and of the Council of 17 June 2008 on the interoperability of the rail system within the Community (OJ L 191, 18.7.2008, p. 1).
(16) Directive (EU) 2017/1564 of the European Parliament and of the Council of 13 September 2017 on certain permitted uses of certain works and other subject matter protected by copyright and related rights for the benefit of persons who are blind, visually impaired or otherwise print-disabled and amending Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society (OJ L 242, 20.9.2017, p. 6).
(17) Regulation (EU) 2017/1563 of the European Parliament and of the Council of 13 September 2017 on the cross-border exchange between the Union and third countries of accessible format copies of certain works and other subject matter protected by copyright and related rights for the benefit of persons who are blind, visually impaired or otherwise print-disabled (OJ L 242, 20.9.2017, p. 1).
(18) Council Directive 93/42/EEC of 14 June 1993 concerning medical devices (OJ L 169, 12.7.1993, p. 1).
(19) Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (OJ L 124, 20.5.2003, p. 36).
(20)Decision No 768/2008/EC of the European Parliament and of the Council of 9 July 2008 on a common framework for the marketing of products, and repealing Council Decision 93/465/EEC (OJ L 218, 13.8.2008, p. 82).
(21) Regulation (EU) No 1025/2012 of 25 October 2012 of the European Parliament and of the Council on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council (OJ L 316, 14.11.2012, p. 12).
(22) Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ L 304, 22.11.2011, p. 64).
(23) Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008, p. 30).
(24) Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65).
(25) Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243).
(26)OJ L 123, 12.5.2016, p. 1.
(27)Regulation (EU) 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 (OJ L 55, 28.2.2011, p. 13).
(28) OJ C 369, 17.12.2011, p. 14.
(29)Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ L 376, 27.12.2006, p. 36).
(30) Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC (OJ L 133, 22.5.2008, p. 66).
(31) Directive 2014/17/EU of the European Parliament and of the Council of 4 February 2014 on credit agreements for consumers relating to residential immovable property and amending Directives 2008/48/EC and 2013/36/EU and Regulation (EU) No 1093/2010 (OJ L 60, 28.2.2014, p. 34).
(32) Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU (OJ L 173, 12.6.2014, p. 349).
(33) Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC (OJ L 337, 23.12.2015, p. 35).
(34) Directive 2014/92/EU of the European Parliament and of the Council of 23 July 2014 on the comparability of fees related to payment accounts, payment account switching and access to payment accounts with basic features (OJ L 257, 28.8.2014, p. 214).
(35) Directive 2009/110/EC of the European Parliament and of the Council of 16 September 2009 on the taking up, pursuit and prudential supervision of the business of electronic money institutions amending Directives 2005/60/EC and 2006/48/EC and repealing Directive 2000/46/EC (OJ L 267, 10.10.2009, p. 7).
(36) Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area (OJ L 343, 14.12.2012, p. 32).
(37) Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (OJ L 94, 28.3.2014, p. 1).


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European Parliament legislative resolution of 13 March 2019 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 767/2008, Regulation (EC) No 810/2009, Regulation (EU) 2017/2226, Regulation (EU) 2016/399, Regulation XX/2018 [Interoperability Regulation], and Decision 2004/512/EC and repealing Council Decision 2008/633/JHA (COM(2018)0302 – C8-0185/2018 – 2018/0152(COD))
P8_TA-PROV(2019)0174A8-0078/2019

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2018)0302),

–  having regard to Article 294(2) and Article 16(2), Article 77(2)(a), (b), (d) and (e), Article 78(2)(d), (e) and (g), Article 79(2)(c) and (d), Article 87(2)(a) and Article 88(2)(a) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8‑0185/2018),

–  having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–  having regard to Rule 59 of its Rules of Procedure,

–  having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinion of the Committee on Budgets (A8-0078/2019),

1.  Adopts its position at first reading hereinafter set out;

2.  Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Text proposed by the Commission   Amendment
Amendment 1
Proposal for a regulation
Title
Proposal for a
Proposal for a
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
amending Regulation (EC) No 767/2008, Regulation (EC) No 810/2009, Regulation (EU) 2017/2226, Regulation (EU) 2016/399, Regulation XX/2018 [Interoperability Regulation], and Decision 2004/512/EC and repealing Council Decision 2008/633/JHA
reforming the Visa Information System by amending Regulation (EC) No 767/2008,Regulation (EC) No 810/2009, Regulation (EU) 2017/2226, Regulation (EU)2016/399, Regulation XX/2018 [Interoperability Regulation], and repealing Decision 2004/512/EC and Council Decision 2008/633/JHA
Amendment 2
Proposal for a regulation
Recital 1
(1)  The Visa Information System (VIS) was established by Council Decision 2004/512/EC41 to serve as the technology solution to exchange visa data between Member States. Regulation (EC) No 767/2008 of the European Parliament and of the Council42 laid down the VIS purpose, functionalities and responsibilities, as well as the conditions and procedures for the exchange of short-stay visa data between Member States to facilitate the examination of short-stay visa applications and related decisions. Regulation (EC) No 810/2009 of the European Parliament and of the Council43 set out the rules on the registration of biometric identifiers in the VIS. Council Decision 2008/633/JHA44 laid down the conditions under which Member States’ designated authorities and Europol may obtain access to consult the VIS for the purposes of preventing, detecting and investigating terrorist offences and other serious criminal offences.
(1)  The Visa Information System (VIS) was established by Council Decision 2004/512/EC41 to serve as the technology solution to exchange visa data between Member States. Regulation (EC) No 767/2008 of the European Parliament and of the Council42 laid down the VIS purpose, functionalities and responsibilities, as well as the conditions and procedures for the exchange of short-stay visa data between Member States to facilitate the examination of short-stay visa applications and related decisions. Regulation (EC) No 810/2009 of the European Parliament and of the Council43 sets out the rules on the registration of biometric identifiers in the VIS. Council Decision 2008/633/JHA44 laid down the conditions under which Member States’ designated authorities and Europol may obtain access to consult the VIS for the purposes of preventing, detecting and investigating terrorist offences and other serious criminal offences. The VIS started operations on 11 October 201144a and was gradually rolled out in all Member States' consulates around the world between October 2011 and February 2016.
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41 Council Decision 2004/512/EC of 8 June 2004 establishing the Visa information System (VIS) (OJ L 213, 15.6.2004, p. 5).
41 Council Decision 2004/512/EC of 8 June 2004 establishing the Visa information System (VIS) (OJ L 213, 15.6.2004, p. 5).
42 Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the echange of data between Member States on short-stay visas (VIS Regulation) (OJ L 218, 13.8.2008, p. 60).
42 Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation) (OJ L 218, 13.8.2008, p. 60).
43 Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code) (OJ L 243, 15.9.2009, p. 1).
43 Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code) (OJ L 243, 15.9.2009, p. 1).
44 Council Decision 2008/633/JHA of 23 June 2008 concerning access for consultation of the Visa Information System (VIS) by designated authorities of Member States and by Europol for the purposes of the prevention, detection and investigation of terrorist offences and of other serious criminal offences (OJ L 218, 13.8.2008, p. 129).
44 Council Decision 2008/633/JHA of 23 June 2008 concerning access for consultation of the Visa Information System (VIS) by designated authorities of Member States and by Europol for the purposes of the prevention, detection and investigation of terrorist offences and of other serious criminal offences (OJ L 218, 13.8.2008, p. 129).
44a Commission Implementing Decision 2011/636/EU of 21 September 2011determining the date from which the Visa Information System (VIS) is to start operations in a first region (OJ L 249, 27.9.2011, p. 18).
Amendment 3
Proposal for a regulation
Recital 3
(3)  The Communication of the Commission of 6 April 2016 entitled 'Stronger and Smarter Information Systems for Borders and Security'46 outlined the need for the EU to strengthen and improve its IT systems, data architecture and information exchange in the area of border management, law enforcement and counter-terrorism and emphasised the need to improve the interoperability of IT systems. The Communication also identified a need to address information gaps, including on third country nationals holding a long-stay visa.
(3)  The Communication of the Commission of 6 April 2016 entitled 'Stronger and Smarter Information Systems for Borders and Security'46 outlined the need for the EU to strengthen and improve its IT systems, data architecture and information exchange in the area of border management, law enforcement and counter-terrorism and emphasised the need to improve the interoperability of IT systems. The Communication also identified a need to address information gaps, including on third country nationals holding a long-stay visa given that Article 21 of the Convention implementing the Schengen Agreement provides a right to free movement within the territory of the States parties to the Agreement for a period of not more than 90 days in any 180 days, by instituting the mutual recognition of the residence permits and long-stay visas issued by these States. The Commission therefore conducted two studies: the first feasibility study46a concluded that developing a repository would be technically feasible and that re-using the VIS structure would be the best technical option, whereas the second study46b conducted an analysis of necessity and proportionality and concluded that it would be necessary and proportionate to extend the scope of VIS to include the documents mentioned above.
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46 COM(2016)0205.
46 COM(2016)0205.
46a ''Integrated Border Management (IBM) – Feasibility Study to include in a repository documents for Long-Stay visas, Residence and Local Border Traffic Permits'' (2017).
46b ''Legal analysis on the necessity and proportionality of extending the scope of the Visa Information System (VIS) to include data on long stay visas and residence documents'' (2018).
Amendment 4
Proposal for a regulation
Recital 4
(4)  The Council endorsed a Roadmap to enhance information exchange and information management47 on 10 June 2016. In order to address the existing information gap in the documents issued to third-country nationals, the Council invited the Commission to assess the establishment of a central repository of residence permits and long-stay visas issued by Member States, to store information on these documents, including on expiry dates and on their possible withdrawal. Article 21 of the Convention implementing the Schengen Agreement provides a right to free movement within the territory of the states party to the Agreement for a period of not more than 90 days in any 180 days, by instituting the mutual recognition of the residence permits and long stay visas issued by these States.
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47 Roadmap to enhance information exchange and information management including interoperability solutions in the Justice and Home Affairs area (9368/1/16 REV 1).
Amendment 5
Proposal for a regulation
Recital 5
(5)  In Council Conclusions of 9 June 2017 on the way forward to improve information exchange and ensure the interoperability of EU information systems48 , the Council acknowledged that new measures might be needed in order to fill the current information gaps for border management and law enforcement, in relation to border crossings by holders of long-stay visas and residence permits. The Council invited the Commission to undertake a feasibility study as a matter of priority for the establishment of a central EU repository containing information on long-stay visas and residence permits. On this basis, the Commission conducted two studies: the first feasibility study49 concluded that developing a repository would be technically feasible and that re-using the VIS structure would be the best technical option, whereas the second study50 conducted an analysis of necessity and proportionality and concluded that it would be necessary and proportionate to extend the score of VIS to include the documents mentioned above.
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48 Council Conclusions on the way forward to improve information exchange and ensure the interoperability of EU information systems (10151/17).
49 ''Integrated Border Management (IBM) – Feasibility Study to include in a repository documents for Long-Stay visas, Residence and Local Border Traffic Permits'' (2017).
50 ''Legal analysis on the necessity and proportionality of extending the scope of the Visa Information System (VIS) to include data on long stay visas and residence documents'' (2018).
Amendment 6
Proposal for a regulation
Recital 8
(8)  When adopting Regulation (EC) No 810/2009, it was recognised that the issue of the sufficient reliability for identification and verification purposes of fingerprints of children under the age of 12 and, in particular, how fingerprints evolve with age, would have to be addressed at a later stage, on the basis of the results of a study carried out under the responsibility of the Commission. A study53 carried out in 2013 by the Joint Research Centre concluded that fingerprint recognition of children aged between 6 and 12 years is achievable with a satisfactory level of accuracy under certain conditions. A second study54 confirmed this finding in December 2017 and provided further insight into the effect of aging over fingerprint quality. On this basis, the Commission conducted in 2017 a further study looking into the necessity and proportionality of lowering the fingerprinting age for children in the visa procedure to 6 years. This study55 found that lowering the fingerprinting age would contribute to better achieving the VIS objectives, in particular in relation to the facilitation of the fight against identity fraud, facilitation of checks at external border crossing points, and could bring additional benefits by strengthening the prevention and fight against children's rights abuses, in particular by enabling the identification/verification of identity of third-country national (TCN) children who are found in Schengen territory in a situation where their rights may be or have been violated (e.g. child victims of trafficking in human beings, missing children and unaccompanied minors applying for asylum).
(8)  When adopting Regulation (EC) No 810/2009, it was recognised that the issue of the sufficient reliability for identification and verification purposes of fingerprints of children under the age of 12 and, in particular, how fingerprints evolve with age, would have to be addressed at a later stage, on the basis of the results of a study carried out under the responsibility of the Commission. A study53 carried out in 2013 by the Joint Research Centre concluded that fingerprint recognition of children aged between 6 and 12 years is achievable with a satisfactory level of accuracy under certain conditions. A second study54 confirmed this finding in December 2017 and provided further insight into the effect of aging over fingerprint quality. On this basis, the Commission conducted in 2017 a further study looking into the necessity and proportionality of lowering the fingerprinting age for children in the visa procedure to 6 years. This study55 found that lowering the fingerprinting age would contribute to better achieving the VIS objectives, in particular in relation to the facilitation of the fight against identity fraud, facilitation of checks at external border crossing points, and could bring additional benefits by strengthening the prevention and fight against children's rights abuses, in particular by enabling the identification/verification of identity of third-country national (TCN) children who are found in Schengen territory in a situation where their rights may be or have been violated (e.g. child victims of trafficking in human beings, missing children and unaccompanied minors applying for asylum). At the same time, children are a particularly vulnerable group and collecting special categories of data, such as fingerprints, from them should be subject to stricter safeguards and a limitation of the purposes for which these data may be used to situations where it is in the child’s best interests, including by limiting the retention period for data storage. The second study also identified that fingerprints of persons above 70 years of age are of low quality and medium accuracy. The Commission and Member States should cooperate in exchanging best practices and address those shortcomings.
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53 Fingerprint Recognition for Children (2013 - EUR 26193).
53 Fingerprint Recognition for Children (2013 - EUR 26193).
54 "Automatic fingerprint recognition: from children to elderly" (2018 – JRC).
54 "Automatic fingerprint recognition: from children to elderly" (2018 – JRC).
55 ''Feasibility and implications of lowering the fingerprinting age for children and on storing a scanned copy of the visa applicant's travel document in the Visa Information System (VIS)'' (2018).
55 ''Feasibility and implications of lowering the fingerprinting age for children and on storing a scanned copy of the visa applicant's travel document in the Visa Information System (VIS)'' (2018).
Amendment 7
Proposal for a regulation
Recital 10
(10)  The personal data provided by the applicant for a short-stay visa should be processed by the VIS to assess whether the entry of the applicant in the Union could pose a threat to the public security or to public health in the Union and also assess the risk of irregular migration of the applicant. As regards third country nationals who obtained a long stay visa or a residence permit, these checks should be limited to contributing to assess the identity of the document holder, the authenticity and the validity of the long-stay visa or residence permit as well as whether the entry of the third country national in the Union could pose a threat to public security or to public health in the Union. They should not interfere with any decision on long-stay visas or residence permits.
(10)  The personal data provided by the applicant for a short-stay visa should be processed by the VIS to assess whether the entry of the applicant in the Union could pose a threat to the public security in the Union and also assess the risk of irregular migration of the applicant. As regards third country nationals who obtained a long stay visa or a residence permit, these checks should be limited to contributing to assess the identity of the document holder, the authenticity and the validity of the long-stay visa or residence permit as well as whether the entry of the third country national in the Union could pose a threat to public security in the Union. They should not interfere with any decision on long-stay visas or residence permits.
Amendment 8
Proposal for a regulation
Recital 11
(11)  The assessement of such risks cannot be carried out without processing the personal data related to the person's identity, travel document, and, as the case may be, sponsor or, if the applicant is minor, identity of the responsible person. Each item of personal data in the applications should be compared with the data present in a record, file or alert registered in an information system (the Schengen Information System (SIS), the Visa Information System (VIS), the Europol data, the Interpol Stolen and Lost Travel Document database (SLTD), the Entry/Exit System (EES), the Eurodac, the ECRIS-TCN system as far as convictions related to terrorist offences or other forms of serious criminal offences are concerned and/or the Interpol Travel Documents Associated with Notices database (Interpol TDAWN)) or against the watchlists, or against specific risk indicators. The categories of personal data that should be used for comparison should be limited to the categories of data present in the queried information systems, the watchlist or the specific risk indicators.
(11)  The assessment of such risks cannot be carried out without processing the personal data related to the person's identity, travel document, and, as the case may be, sponsor or, if the applicant is minor, identity of the responsible person. Each item of personal data in the applications should be compared with the data present in a record, file or alert registered in an information system (the Schengen Information System (SIS), the Visa Information System (VIS), the Europol data, the Interpol Stolen and Lost Travel Document database (SLTD), the Entry/Exit System (EES), the Eurodac, or against the ETIAS watchlist, or against specific risk indicators. The categories of personal data that should be used for comparison should be limited to the categories of data present in the queried information systems, the watchlist or the specific risk indicators.
Amendment 9
Proposal for a regulation
Recital 12
(12)  Interoperability between EU information systems was established by [Regulation (EU) XX on interoperability] so that these EU information systems and their data supplement each other with a view to improving the management of the external borders, contributing to preventing and combating illegal migration and ensuring a high level of security within the area of freedom, security and justice of the Union, including the maintenance of public security and public policy and safeguarding the security in the territories of the Member States.
(12)  Interoperability between EU information systems was established by [Regulation (EU) XX on interoperability (borders and visas)] with a view to improving the management of the external borders, contributing to preventing and combating illegal migration and ensuring a high level of security within the area of freedom, security and justice of the Union, including the maintenance of public security and public policy and safeguarding the security in the territories of the Member States.
(This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 10
Proposal for a regulation
Recital 13
(13)  The interoperability between the EU information systems allows systems to supplement each other to facilitate the correct identification of persons, contribute to fighting identity fraud, improve and harmonise data quality requirements of the respective EU information systems, facilitate the technical and operational implementation by Member States of existing and future EU information systems, strengthen and simplify the data security and data protection safeguards that govern the respective EU information systems, streamline the law enforcement access to the EES, the VIS, the [ETIAS] and Eurodac, and support the purposes of the EES, the VIS, the [ETIAS], Eurodac, the SIS and the [ECRIS-TCN system].
(13)  The interoperability between the EU information systems allows systems to facilitate the correct identification of persons, contribute to fighting identity fraud, improve and harmonise data quality requirements of the respective EU information systems, facilitate the technical and operational implementation by Member States of existing EU information systems, strengthen, harmonise and simplify the data security and data protection safeguards that govern the respective EU information systems, streamline the controlled law enforcement access to the EES, the VIS, the ETIAS and Eurodac, and support the purposes of the EES, the VIS, the ETIAS, Eurodac, the SIS and the ECRIS-TCN system.
Amendment 11
Proposal for a regulation
Recital 14
(14)  The interoperability components cover the EES, the VIS, the [ETIAS], Eurodac, the SIS, and the [ECRIS-TCN system], and Europol data to enable it to be queried simultaneously with these EU information systems and therefore it is appropriate to use these components for the purpose of carrying out the automated checks and when accessing the VIS for law enforcement purposes. The European search portal (ESP) should be used for this purpose to enable a fast, seamless, efficient, systematic and controlled access to the EU information systems, the Europol data and the Interpol databases needed to perform their tasks, in accordance with their access rights, and to support the objectives of the VIS.
(14)  The interoperability components cover the EES, the VIS, the ETIAS, Eurodac, the SIS, and the ECRIS-TCN system, and Europol data to enable it to be queried simultaneously with these EU information systems and therefore it is appropriate to use these components for the purpose of carrying out the automated checks and when accessing the VIS for law enforcement purposes. The European search portal (ESP) should be used for this purpose to enable a fast, seamless, efficient, systematic and controlled access to the EU information systems, the Europol data and the Interpol databases needed to perform their tasks, in accordance with their access rights, and to support the objectives of the VIS.
Amendment 12
Proposal for a regulation
Recital 15
(15)  The comparison against other databases should be automated. Whenever such comparison reveals that a correspondence (a 'hit') exists with any of the personal data or combination thereof in the applications and a record, file or alert in the above information systems, or with personal data in the watchlist, the application should be processed manually by an operator in the responsible authority. The assessment performed by the responsible authority should lead to the decision to issue or not the short-stay visa.
(15)  The comparison against other databases should be automated. Whenever such comparison reveals that a correspondence (a 'hit') exists with any of the personal data or combination thereof in the applications and a record, file or alert in the above information systems, or with personal data in the watchlist, the application should be, where the hit cannot be automatically confirmed by VIS, processed manually by an operator in the responsible authority. Depending on the type of data triggering the hit, the hit should be assessed either by consulates or by a national single point of contact, with the latter being responsible for hits generated in particular bylaw enforcement databases or systems. The assessment performed by the responsible authority should lead to the decision to issue or not the short-stay visa.
Amendment 13
Proposal for a regulation
Recital 18
(18)  Specific risk indicators corresponding to previously identified security, irregular migration or public health risk should be used to analyse the application file for a short stay visa. The criteria used for defining the specific risk indicators should in no circumstances be based solely on a person's sex or age. They shall in no circumstances be based on information revealing a person’s race, colour, ethnic or social origin, genetic features, language, political or any other opinions, religion or philosofical belief, trade union membership, membership of a national minority, property, birth, disability or sexual orientation..
(18)  Specific risk indicators corresponding to previously identified security, irregular migration or high epidemic risks should be used to analyse the application file for a short stay visa. The criteria used for defining the specific risk indicators should in no circumstances be based solely on a person's sex or age. They shall in no circumstances be based on information revealing a person’s race, colour, ethnic or social origin, genetic features, language, political or any other opinions, religion or philosophical belief, trade union membership, membership of a national minority, property, birth, disability or sexual orientation.
Amendment 14
Proposal for a regulation
Recital 19
(19)  The continuous emergence of new forms of security threats, new patterns of irregular migration and public health threats requires effective responses and needs to be countered with modern means. Since these means entail the processing of important amounts of personal data, appropriate safeguards should be introduced to keep the interference with the rights to respect for private and family life and to the personal data limited to what is necessary in a democratic society.
(19)  The continuous emergence of new forms of security risks, new patterns of irregular migration and high epidemic risks requires effective responses and needs to be countered with modern means. Since these means entail the processing of important amounts of personal data, appropriate safeguards should be introduced to keep the interference with the rights to respect for private and family life and to the personal data limited to what is necessary and proportionate in a democratic society.
Amendment 15
Proposal for a regulation
Recital 21
(21)  In order to fulfil their obligation under the Convention implementing the Schengen Agreement, international carriers should be able to verify whether or not third country nationals holding a short-stay visa, a long stay visa or a residence permit are in possession of the required valid travel documents. This verification should be made possible through the daily extraction of VIS data into a separate read-only database allowing the extraction of a minimum necessary subset of data to enable a query leading to an ok/not ok answer.
(21)  In order to fulfil their obligation under the Convention implementing the Schengen Agreement, international carriers should verify whether or not third country nationals holding a short-stay visa, a long stay visa or a residence permit are in possession of the required valid travel documents by sending a query to VIS. This verification should be made possible through the daily extraction of VIS data into a separate read-only database allowing the extraction of a minimum necessary subset of data to enable a query leading to an ok/not ok answer. The application file itself should not be accessible to carriers. The technical specifications for accessing VIS through the carrier gateway should limit the impact on passenger travel and carriers to the extent possible. For this purpose, integration with the EES and ETIAS should be considered.
Amendment 16
Proposal for a regulation
Recital 21 a (new)
(21a)  With a view to limiting the impact of the obligations set out in this Regulation on international carriers transporting groups overland by coach, user-friendly mobile solutions should be made available.
Amendment 17
Proposal for a regulation
Recital 21 b (new)
(21b)  Within two years following the start of application of this Regulation, the appropriateness, compatibility and coherence of provisions referred to in Article 26 of the Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders for the purposes of the VIS provisions for overland transport by coaches should be assessed by the Commission. The recent evolution of overland transport by coaches should be taken into account. The need for amending provisions concerning overland transport by coaches referred to in Article 26 of that Convention or this Regulation should be considered.
Amendment 18
Proposal for a regulation
Recital 23 a (new)
(23a)  Biometric data, which in the context of this Regulation entails fingerprints and facial images are unique and therefore much more reliable than alphanumeric data for the purposes of identifying a person. However, biometric data constitute sensitive personal data. This Regulation thus lays down the basis and safeguards for processing such data for the purpose of uniquely identifying the persons concerned.
Amendment 19
Proposal for a regulation
Recital 28
(28)  [Regulation 2018/XX on interoperability] provides the possibility for a Member State police authority which has been so empowered by national legislative measures, to identify a person with the biometric data of that person taken during an identity check. However specific circumstances may exist where identification of a person is necessary in the interest of that person. Such cases include situations where the person was found after having gone missing, been abducted or having been identified as victim of trafficking. In such cases, quick access for law enforcement authorities to VIS data to enable a fast and reliable identification of the person, without the need to fulfill all the preconditions and additional safeguards for law enforcement access, should be provided.
(28)  [Regulation 2018/XX on interoperability (borders and visas)] provides the possibility for a Member State police authority which has been so empowered by national legislative measures, to identify a person with the biometric data of that person taken during an identity check. However specific circumstances may exist where identification of a person is necessary in the interest of that person. Such cases include situations where the person was found after having gone missing, been abducted or having been identified as victim of trafficking. In such cases alone, quick access for law enforcement authorities to VIS data to enable a fast and reliable identification of the person, without the need to fulfill all the preconditions and additional safeguards for law enforcement access, should be provided.
Amendment 20
Proposal for a regulation
Recital 29
(29)  Comparisons of data on the basis of a latent fingerprint, which is the dactyloscopic trace which may be found at a crime scene, is fundamental in the field of police cooperation. The possibility to compare a latent fingerprint with the fingerprint data which is stored in the VIS in cases where there are reasonable grounds for believing that the perpetrator or victim may be registered in the VIS should provide the law enforcement authorities of the Member States with a very valuable tool in preventing, detecting or investigating terrorist offences or other serious criminal offences, when for example the only evidence at a crime scene are latent fingerprints.
(29)  Comparisons of data on the basis of a latent fingerprint, which is the dactyloscopic trace which may be found at a crime scene, is fundamental in the field of police cooperation. The possibility to compare a latent fingerprint with the fingerprint data which is stored in the VIS in cases where there are reasonable grounds for believing that the perpetrator or victim may be registered in the VIS and after prior search under Council Decision 2008/615/JHA1a should provide the law enforcement authorities of the Member States with a very valuable tool in preventing, detecting or investigating terrorist offences or other serious criminal offences, when for example the only evidence at a crime scene are latent fingerprints.
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1a Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (OJ L 210, 6.8.2008, p. 1).
Amendment 21
Proposal for a regulation
Recital 32
(32)  To protect personal data and to exclude systematic searches by law enforcement, the processing of VIS data should only take place in specific cases and when it is necessary for the purposes of preventing, detecting or investigating terrorist offences or other serious criminal offences. The designated authorities and Europol should only request access to the VIS when they have reasonable grounds to believe that such access will provide information that will substantially assist them in preventing, detecting or investigating a terrorist offence or other serious criminal offence.
(32)  To protect personal data and to exclude systematic searches by law enforcement, the processing of VIS data should only take place in specific cases and when it is necessary for the purposes of preventing, detecting or investigating terrorist offences or other serious criminal offences. The designated authorities and Europol should only request access to the VIS when they have reasonable grounds to believe that such access will provide information that will substantially assist them in preventing, detecting or investigating a terrorist offence or other serious criminal offence and after prior search under Decision 2008/615/JHA.
Amendment 22
Proposal for a regulation
Recital 32 a (new)
(32a)  As a general practice, Member States' end-users carry out searches in relevant national data bases prior or in parallel to querying European databases.
Amendment 23
Proposal for a regulation
Recital 33
(33)  The personal data of holders of long stay documents stored in the VIS should be kept for no longer than is necessary for the purposes of the VIS. It is appropriate to keep the data related to third country nationals for a period of five years in order to enable data to be taken into account for the assessment of short-stay visa applications, to enable detection of overstay after the end of the validity period and in order to conduct security assessments of third country nationals who obtained them. The data on previous uses of a document could facilitate the issuance of future short stay visas. A shorter storage period would not be sufficient for ensuring the stated purposes. The data should be erased after a period of five years, unless there are grounds to erase them earlier.
(33)  The personal data of holders of long stay visas stored in the VIS should be kept for no longer than is necessary for the purposes of the VIS. It is appropriate to keep the data related to third country nationals for a period of five years in order to enable data to be taken into account for the assessment of short-stay visa applications, to enable detection of overstay after the end of the validity period and in order to conduct security assessments of third country nationals who obtained them. The data on previous uses of a document could facilitate the issuance of future short stay visas. A shorter storage period would not be sufficient for ensuring the stated purposes. The data should be erased after a period of five years, unless there are grounds to erase them earlier.
Amendment 24
Proposal for a regulation
Recital 35
(35)  Members of the European Border and Coast Guard (EBCG) teams, as well as teams of staff involved in return-related tasks are entitled by Regulation (EU) 2016/1624 of the European Parliament and the Council to consult European databases where necessary for fulfilling operational tasks specified in the operational plan on border checks, border surveillance and return, under the authority of the host Member State. For the purpose of facilitating that consultation and enabling the teams an effective access to the data entered in VIS, the ECBGA should be given access to VIS. Such access should follow the conditions and limitations of access applicable to the Member States' authorities competent under each specific purpose for which VIS data can be consulted.
(35)  Members of the European Border and Coast Guard (EBCG) teams are entitled by Regulation (EU) 2016/1624 of the European Parliament and the Council to consult European databases where necessary for fulfilling operational tasks specified in the operational plan on border checks, border surveillance and return, under the authority of the host Member State. Such access should follow the conditions and limitations of access applicable to the Member States' authorities competent under each specific purpose for which VIS data can be consulted.
Amendment 25
Proposal for a regulation
Recital 37
(37)  The third countries of return are often not subject to adequacy decisions adopted by the Commission under Article 45 of Regulation (EU) 2016/679 or under national provisions adopted to transpose Article 36 of Directive (EU) 2016/680. Furthermore, the extensive efforts of the Union in cooperating with the main countries of origin of illegally staying third-country nationals subject to an obligation to return has not been able to ensure the systematic fulfilment by such third countries of the obligation established by international law to readmit their own nationals. Readmission agreements, concluded or being negotiated by the Union or the Member States and providing for appropriate safeguards for the transfer of data to third countries pursuant to Article 46 of Regulation (EU) 2016/679 or to the national provisions adopted to transpose Article 37 of Directive (EU) 2016/680, cover a limited number of such third countries and conclusion of any new agreement remains uncertain. In such situations, personal data could be processed pursuant to this regulation with third-country authorities for the purposes of implementing the return policy of the Union provided that the conditions laid down in Article 49(1)(d) of Regulation (EU) 2016/679 or in the national provisions transposing Article 38 or 39 of Directive (EU) 2016/680 are met.
(37)  Personal data obtained by a Member State pursuant to this Regulation should not be transferred or made available to any third country, international organisation or private entity established in or outside the Union. As an exception to that rule, however, it should be possible to transfer such personal data to a third country or to an international organisation where such a transfer is subject to strict conditions and necessary in individual cases in order to assist with the identification of a third-country national in relation to his or her return. In the absence of an adequacy decision by means of implementing act pursuant to Regulation (EU) 2016/679 or of appropriate safeguards to which transfers are subject pursuant to that Regulation, it should be possible to exceptionally transfer, for the purposes of return, VIS data to a third country or to an international organisation, only where it is necessary for important reasons of public interest as referred to in that Regulation.
Amendment 26
Proposal for a regulation
Recital 38
(38)  Member States should make available relevant personal data processed in the VIS, in accordance with the applicable data protection rules and where required in individual cases for carrying out tasks under Regulation (EU) …/… of the European Parliament and the Council60 ,Union Resettlement Framework Regulation], to the [European Union Asylum Agency] and relevant international bodies such as the United Nations High Commissioner for Refugees, the International Organisation on Migration and to the International Committee of the Red Cross refugee and resettlement operations, in relation to third-country nationals or stateless persons referred by them to Member States in the implementation of Regulation (EU) …/… [the Union Resettlement Framework Regulation].
deleted
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60 Regulation (EU) …/… of the European Parliament and the Council [full title] (OJ L …, …, p. …).
Amendment 27
Proposal for a regulation
Recital 39
(39)  Regulation (EC) No 45/2001 of the European Parliament and the Council61 applies to the activities of the Union institutions or bodies when carrying out their tasks as responsible for the operational management of VIS.
(39)  Regulation (EU) 2018/1725 of the European Parliament and the Council61 applies to the activities of the Union institutions or bodies when carrying out their tasks as responsible for the operational management of VIS.
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__________________
61 Regulation (EC) No 45/2001 of the European Parliament and the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).
61 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).
Amendment 28
Proposal for a regulation
Recital 40
(40)  The European Data Protection Supervisor was consulted in accordance with Article 28(2) of Regulation (EC) No 45/2001 and delivered an opinion on
(40)  The European Data Protection Supervisor was consulted in accordance with Article 28(2) of Regulation (EC) No 45/2001 and delivered an opinion on 12 December 2018.
Amendment 29
Proposal for a regulation
Recital 43
(43)  Without prejudice to Member States’ responsibility for the accuracy of data entered into VIS, eu-LISA should be responsible for reinforcing data quality by introducing a central data quality monitoring tool, and for providing reports at regular intervals to the Member States.
(43)  Without prejudice to Member States’ responsibility for the accuracy of data entered into VIS, eu-LISA should be responsible for reinforcing data quality by introducing, maintaining and continuously upgrading a central data quality monitoring tool, and for providing reports at regular intervals to the Member States.
Amendment 30
Proposal for a regulation
Recital 44
(44)  In order to allow better monitoring of the use of VIS to analyse trends concerning migratory pressure and border management, eu-LISA should be able to develop a capability for statistical reporting to the Member States, the Commission, and the European Border and Cost Guard Agency without jeopardising data integrity. Therefore, a central statistical repository should be established. None of the produced statistics should contain personal data.
(44)  In order to allow better monitoring of the use of VIS to analyse trends concerning migratory pressure and border management, eu-LISA should be able to develop a capability for statistical reporting to the Member States, the Commission, and the European Border and Coast Guard Agency without jeopardising data integrity. Therefore, eu-LISA should store certain statistical data in the central repository for the purposes of the reporting and providing statistics in accordance with [Regulation 2018/XX on interoperability (borders and visa)]. None of the produced statistics should contain personal data.
Amendment 31
Proposal for a regulation
Recital 47 a (new)
(47a)  This Regulation is without prejudice to the obligations deriving from the Geneva Convention Relating to the Status of Refugees of 28 July 1951, as supplemented by the New York Protocol of 31 January 1967, and to all the international commitments entered into by the Union and its Member States.
Amendment 32
Proposal for a regulation
Article 1 – paragraph 1 – point -1 (new)
Regulation (EC) No 767/2008
Title
(-1)  The title is replaced by the following:
“Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation)”
“Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of information between Member States on short-stay visas, long-stay visas, and residence permits (VIS Regulation)”;
Amendment 33
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EC) No 767/2008
Article 2 – paragraph 1 – introductory part
1.  The VIS shall have the purpose of improving the implementation of the common visa policy, consular cooperation and consultation between central visa authorities by facilitating the exchange of data between Member States on applications and on the decisions relating thereto, in order:
1.  The VIS shall have the purpose of improving the implementation of the common visa policy on short-stay visas, consular cooperation and consultation between central visa authorities by facilitating the exchange of data between Member States on applications and on the decisions relating thereto, in order:
Amendment 34
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EC) No 767/2008
Article 2 – paragraph 1 – point a
(a)  to facilitate the visa application procedure;
(a)  to facilitate and expedite the visa application procedure;
Amendment 35
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EC) No 767/2008
Article 2 – paragraph 1 – point f
(f)  to assist in the identification of persons who have gone missing;
(f)  to assist in the identification of persons referred to in Article 22o who have gone missing;
Amendment 36
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EC) No 767/2008
Article 2 – paragraph 1 – point h
(h)  to contribute to the prevention, detection and investigation of terrorist offences or of other serious criminal offences;
(h)  to contribute to the prevention of threats to the internal security of any of the Member States, namely through the prevention, detection and investigation of terrorist offences or of other serious criminal offences in appropriate and strictly defined circumstances;
Amendment 37
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EC) No 767/2008
Article 2 – paragraph 1 – point i
(i)  to contribute to the prevention of threats to the internal security of any of the Member States;
deleted
Amendment 38
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EC) No 767/2008
Article 2 – paragraph 2 – point a
(a)  support a high level of security by contributing to the assessment of whether the applicant is considered to pose a threat to public policy, internal security or public health prior to their arrival at the external borders crossing points;
(a)  support a high level of security in all Member States by contributing to the assessment of whether the applicant or holder of a document is considered to pose a threat to public policy, internal security;
Amendment 39
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EC) No 767/2008
Article 2 – paragraph 2 – point b
(b)  enhance the effectiveness of border checks and of checks within the territory;
(b)  facilitate checks at external border crossing points and enhance the effectiveness of checks within the territory of the Member States;
Amendment 40
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EC) No 767/2008
Article 2 – paragraph 2 – point c
(c)  contribute to the prevention, detection and investigation of terrorist offences or of other serious criminal offences;
(c)  contribute to the prevention of threats to the internal security of any of the Member States, namely through the prevention, detection and investigation of terrorist offences or of other serious criminal offences in appropriate and strictly defined circumstances;
Amendment 41
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EC) No 767/2008
Article 2 – paragraph 2 – point d a (new)
(da)  to assist in the identification of persons referred to in Article 22o who have gone missing;
Amendment 42
Proposal for a regulation
Article 1 – paragraph 1 – point 2 a (new)
Regulation (EC) No 767/2008
Article 2 a (new)
(2a)  the following Article is inserted:
“Article 2a
Architecture
1.  VIS shall be based on a centralised architecture and shall consist of:
(a)  the common identity repository established by [Article 17(2)(a) of Regulation 2018/XX on interoperability (borders and visa)];
(b)  a central information system (the ‘VIS Central System’);
(c)  an interface in each Member State (the ‘national interface’ or ‘NI-VIS’) which shall provide the connection to the relevant central national authority of the respective Member State, or a national uniform interface (NUI) in each Member State based on common technical specifications and identical for all Member States enabling the VIS Central System to connect to the national infrastructures in Member States;
(d)  a communication infrastructure between the VIS Central System and the national interfaces;
(e)  a secure communication channel between the VIS Central System and the EES Central System;
(f)  a secure communication infrastructure between the VIS Central System and the central infrastructures of the European search portal established by [Article 6 of Regulation 2018/XX on interoperability (borders and visa)], shared biometric matching service established by [Article 12 of Regulation 2018/XX on interoperability (borders and visa)], the common identity repository established by [Article 17 of Regulation 2018/XX on interoperability (borders and visa)] and the multiple-identity detector established by [Article 25 of Regulation 2018/XX on interoperability (borders and visa)];
(g)  a mechanism of consultation on applications and exchange of information between central visa authorities ('VISMail');
(h)  a carrier gateway;
(i)  a secure web service enabling communication between the VIS Central System on the one hand and the carrier gateway and international systems on the other hand;
(j)  a repository of data for the purposes of reporting and statistics;
(k)  a tool enabling applicants to give or withdraw their consent for an additional retention period of their application file.
The VIS Central System, the national uniform interfaces, the web service, the carrier gateway and the VIS communication infrastructure shall share and re-use as much as technically possible the hardware and software components of respectively the EES Central System, the EES national uniform interfaces, the ETIAS carrier gateway, the EES web service and the EES communication infrastructure.
2.  The NI-VIS shall consist of:
(a)  one local national interface (LNI) for each Member State which is the interface that physically connects the Member State to the secure communication network and contains the encryption devices dedicated to VIS. The LNI shall be located at the Member State premises;
(b)  one backup LNI (BLNI) which shall have the same content and function as the LNI.
3.  The LNI and BLNI are to be used exclusively for purposes defined by the Union legislation applicable to VIS.
4.  Centralised services shall be duplicated to two different locations namely Strasbourg, France, hosting the principal VIS Central System, central unit (CU) and St Johann im Pongau, Austria, hosting the backup VIS Central System, backup central unit (BCU). The connection between the principal VIS Central System and the backup VIS Central System shall allow for the continuous synchronisation between the CU and BCU. The communication infrastructure shall support and contribute to ensuring the uninterrupted availability of VIS. It shall include redundant and separated paths for the connections between VIS Central System and the backup VIS Central System and shall also include redundant and separated paths for the connections between each national interface and VIS Central System and backup VIS Central System. The communication infrastructure shall provide an encrypted, virtual, private network dedicated to VIS data and to communication between Member States and between Member States and the authority responsible for the operational management for the VIS Central System.
Amendment 43
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EC) No 767/2008
Article 4 – paragraph 1 – point 3 a (new)
(3a)  ‘central authority’ means the authority established by a Member State for the purposes of Regulation (EC) No 810/2009;
Amendment 44
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EC) No 767/2008
Article 4 – paragraph 1 – point 15
(15)  ‘facial image’ means digital image of the face;
(15)  ‘facial image’ means digital image of the face with sufficient image resolution and quality to be used in automated biometric matching;
Amendment 45
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EC) No 767/2008
Article 4 – paragraph 1 – point 19
(19)  ’national supervisory authorityas regards law enforcement purposes means the supervisory authorities established in accordance with Article 41 of Directive (EU) 2016/680 of the European Parliament and of the Council***;
(19)  ’supervisory authorities’ means the supervisory authorities referred to in Article 51(1) of Regulation (EU) 2016/679 of the European Parliament and of the Council** and the supervisory authorities referred to in Article 41 of Directive (EU) 2016/680 of the European Parliament and of the Council***;
Amendment 46
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EC) No 767/2008
Article 4 – paragraph 1 – point 19 a (new)
(19a)  'hit' means the existence of a correspondence established by comparing the relevant data recorded in an application file of VIS with the relevant data present in a record, file or alert registered in VIS, Schengen Information System, the EES, ETIAS, Eurodac, Europol data or in Interpol’s SLTD database;
Amendment 47
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EC) No 767/2008
Article 4 – paragraph 1 – point 20
(20)  'law enforcement' means the prevention, detection or investigation of terrorist offences or other serious criminal offences;
(20)  'law enforcement' means the prevention, detection or investigation of terrorist offences or other serious criminal offences within a strictly defined framework;
Amendment 48
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EC) No 767/2008
Article 4 – paragraph 1 – point 21
(21)  'terrorist offences' mean the offences under national law which correspond or are equivalent to those referred to in Directive (EU) 2017/541 of the European Parliament and of the Council****;
(21)  'terrorist offences' mean the offences under national law referred to in Articles 3 to 14 of Directive (EU) 2017/541 of the European Parliament and of the Council**** or equivalent to one of those offences for the Member States which are not bound by that Directive;
Amendment 49
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EC) No 767/2008
Article 4 – footnote 2 (new)
** Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJL 119, 4.5.2016, p. 1).
Amendment 50
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Regulation (EC) No 767/2008
Article 5 – paragraph 1 – point c
(c)  fingerprint data referred to in Article 9(6) and Article 22c(2)(g);
(c)  fingerprint data referred to in Article 9(6), Article 22c(2)(g) and Article 22d(g);
Amendment 51
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Regulation (EC) No 767/2008
Article 5 – paragraph 1 – point c a (new)
(ca)  scans of the biographic data page of the travel document referred to in Article 9(7);
Amendment 52
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Regulation (EC) No 767/2008
Article 5 – paragraph 3
3.  The CIR shall contain the data referred to in Article 9(4)(a) to (cc), Article 9(5) and 9(6), Article 22c(2)(a), to (cc), (f) and (g), and Article 22d(a) to (cc), (f) and (g). The remaining VIS data shall be stored in the VIS Central System.
3.  The CIR shall contain the data referred to in Article 9(4)(a) to (cc), Article 9(5) and 9(6), Article 22c(2)(a), to (cc), (f) and (g), and Article 22d(a) to (c), (f) and (g). The remaining VIS data shall be stored in the VIS Central System.
Amendment 53
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Regulation (EC) No 767/2008
Article 5a – paragraph 1
(1)   The list of travel documents which entitle the holder to cross the external borders and which may be endorsed with a visa, as established by Decision No 1105/2011/EU of the European Parliament and of the Council*, shall be integrated in the VIS.
1.   The list of travel documents which entitle the holder to cross the external borders and which may be endorsed with a visa, as established by Decision No 1105/2011/EU of the European Parliament and of the Council*, shall be integrated in the VIS.
Amendment 54
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Regulation (EC) No 767/2008
Article 5a – paragraph 2
(2)   The VIS shall provide the functionality for the centralised management of the list of recognised travel documents and of the no²tification of the recognition or non-recognition of the listed travel documents pursuant to Article 4 of Decision No 1105/2011/EU.
2.  The VIS shall provide the functionality for the centralised management of the list of recognised travel documents and of the no²tification of the recognition or non-recognition of the listed travel documents pursuant to Article 4 of Decision No 1105/2011/EU.
Amendment 55
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Regulation (EC) No 767/2008
Article 5a – paragraph 3
(3)   The detailed rules on managing the functionality referred to in paragraph 2 shall be laid down in implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 49(2).
3 The detailed rules on managing the functionality referred to in paragraph 2 shall be laid down in implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 49(2).
Amendment 56
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point -a (new)
Regulation (EC) No 767/2008
Article 6 – paragraph 1
(-a)  paragraph 1 is replaced by the following:
1.  Access to the VIS for entering, amending or deleting the data referred to in Article 5(1) in accordance with this Regulation shall be reserved exclusively to the duly authorised staff of the visa authorities.
1. Without prejudice to Article 22a, access to the VIS for entering, amending or deleting the data referred to in Article 5(1) in accordance with this Regulation shall be reserved exclusively to the duly authorised staff of the visa authorities. The number of duly authorised members of staff shall be strictly limited by the actual needs of their service.”
Amendment 57
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point a
Regulation (EC) No 767/2008
Article 6 – paragraph 2
2.  Access to the VIS for consulting the data shall be reserved exclusively for the duly authorised staff of the national authorities of each Member State and of the EU bodies which are competent for the purposes laid down in Articles 15 to 22, Articles 22c to 22f, Articles 22g to 22j, as well as for the purposes laid down in Articles 20 and 21 of [Regulation 2018/XX on interoperability].
2.  Access to the VIS for consulting the data shall be reserved exclusively for the duly authorised staff of the national authorities of each Member State and of the EU bodies which are competent for the purposes laid down in Articles 15 to 22 and Articles 22g to 22l, as well as for the purposes laid down in Articles 20 and 21 of [Regulation 2018/XX on interoperability (borders and visa)].
The authorities entitled to consult or access VIS in order to prevent, detect and investigate terrorist offences or other serious criminal offences shall be designated in accordance with Chapter IIIb.
That access shall be limited to the extent that the data are required for the performance of their tasks in accordance with those purposes, and proportionate to the objectives pursued.
That access shall be limited to the extent that the data are required for the performance of their tasks in accordance with those purposes, and proportionate to the objectives pursued.
Amendment 58
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point a a (new)
Regulation (EC) No 767/2008
Article 6 – paragraph 3
(aa)  paragraph 3 is replaced by the following:
3.  Each Member State shall designate the competent authorities, the duly authorised staff of which shall have access to enter, amend, delete or consult data in the VIS. Each Member State shall without delay communicate to the Commission a list of these authorities, including those referred to in Article 41(4), and any amendments thereto. That list shall specify for what purpose each authority may process data in the VIS.
3. Each Member State shall designate the competent authorities, the duly authorised staff of which shall have access to enter, amend, delete or consult data in the VIS. Each Member State shall without delay communicate to eu-LISA a list of these authorities, including those referred to in Article 29(3a), and any amendments thereto. That list shall specify for each authority, which data it may search and for what purposes.
Within 3 months after the VIS has become operational in accordance with Article 48(1), the Commission shall publish a consolidated list in the Official Journal of the European Union. Where there are amendments thereto, the Commission shall publish once a year an updated consolidated list.
eu-LISA shall ensure annual publication of the list and of lists of designated authorities referred to in Article 22k(2) and the central access points referred to in Article 22k(4) in the Official Journal of the European Union. eu-LISA shall maintain a continuously updated list on its website containing changes sent by Member States between the annual publications.
Amendment 59
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point c
Regulation (EC) No 767/2008
Article 6 – paragraph 5
5.  The detailed rules on managing the functionality for the centralised management of the list in paragraph 3 shall be laid down in implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 49(2).
5.  The Commission shall adopt delegated acts in accordance with Article 48a concerning the detailed rules on managing the functionality for the centralised management of the list in paragraph 3.
Amendment 60
Proposal for a regulation
Article 1 – paragraph 1 – point 7 a (new)
Regulation (EC) No 767/2008
Article 7 – paragraph 2
(7a)  In Article 7, paragraph 2 is replaced by the following:
2.  Each competent authority shall ensure that in using the VIS, it does not discriminate against applicants and visa holders on grounds of sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation and that it fully respects the human dignity and the integrity of the applicant or of the visa holder.
2. Processing of personal data within the VIS by each competent authority shall not result in discrimination against applicants, visa holders or applicants and holders of long-stay visas, and residence permits on the grounds of sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation. It shall fully respect human dignity and integrity and fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union, including the right to respect for one’s private life and to the protection of personal data. Particular attention shall be paid to children, the elderly and persons with a disability and persons in need of international protection. The best interests of the child shall be a primary consideration.
Amendment 61
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Regulation (EC) No 767/2008
Article 7 – paragraph 3
3.  The best interests of the child shall be a primary consideration for Member States with respect to all procedures provided for in this Regulation. The child’s well-being, safety and security, in particular where there is a risk of the child being a victim of human trafficking in human beings, and the views of the child shall be taken into consideration and given due weight in accordance with his or her age and maturity.
3.  The best interests of the child shall take precedence over any other consideration for Member States with respect to all procedures provided for in this Regulation, in full compliance with the International Convention on the Rights of the Child. The child’s well-being, safety and security, in particular where there is a risk of the child being a victim of human trafficking in human beings, and the views of the child shall be taken into consideration and given due weight in accordance with his or her age.
Amendment 62
Proposal for a regulation
Article 1 – paragraph 1 – point 8 a (new)
Regulation (EC) No 767/2008
Article 7 – paragraph 3 a (new)
(8a)  In Article 7, the following paragraph is added:
“3a. Member States shall apply this Regulation in full conformity with the Charter of Fundamental Rights of the European Union, in particular the right to human dignity, the right to liberty and security, the respect for private and family life, the protection of personal data, the right to asylum and protection of the principle of non-refoulement and protection in the event of removal, expulsion or extradition, the right to non-discrimination, the rights of the child and the right to an effective remedy.”;
Amendment 63
Proposal for a regulation
Article 1 – paragraph 1 – point 8 b (new)
Regulation (EC) No 767/2008
Article 7 a (new)
(8b)  The following Article is inserted:
“Article 7a
Fingerprint data of children
1.  By way of derogation to Article 22c(2)(g) no fingerprints of children under the age of 6 shall be entered into VIS.
2.  The biometric data of minors from the age of six shall be taken by officials trained specifically to take a minor's biometric data in a child-friendly and child-sensitive manner and in full respect of the best interests of the child and the safeguards laid down in the United Nations Convention on the Rights of the Child.
The minor shall be accompanied by, where present, an adult family member while his or her biometric data are taken. An unaccompanied minor shall be accompanied by a guardian, representative or, where a representative has not been designated, a person trained to safeguard the best interests of the minor and his or her general wellbeing, while his or her biometric data are taken. Such a trained person shall not be the official responsible for taking the biometric data, shall act independently and shall not receive orders either from the official or the service responsible for taking the biometric data. No form of force shall not be used against minors to ensure their compliance with the obligation to provide biometric data.
3.  By way of derogation from Article 13(2) of Regulation (EC) 810/2009consulates shall not request that children between the age of 6 and 12 appear in person at the consulate for the collection of biometric identifiers where this would constitute an excessive burden and costs for families. In such cases, biometric identifiers shall be taken at the external borders where particular attention shall be paid to avoid child trafficking.
4.  By way of derogation from the provisions on the use of data provided for in Chapters II, III, IIIa and IIIb fingerprint data of children may only be accessed for the following purposes:
(a)  to verify the child’s identity in the visa application procedure in accordance with Article 15 and at the external borders in accordance with Articles 18 and 22g and
(b)  under Chapter IIIb to contribute to the prevention of and fight against abuses of children’s right’s, subject to all of the following conditions being satisfied:
(i)  such access must be necessary for the purpose of the prevention, detection or investigation of child trafficking;
(ii)  access is necessary in a specific case;
(iii)  the identification is in the best interest of the child.”
Amendment 64
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Regulation (EC) No 767/2008
Chapter II – title
ENTRY AND USE OF DATA ON SHORY STAY VISA BY VISA AUTHORITIES
ENTRY AND USE OF DATA ON SHORT-STAY VISA BY VISA AUTHORITIES
Amendment 65
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point b
Regulation (EC) No 767/2008
Article 9 – paragraph 1 – point 5
5.  the facial image of the applicant, in accordance with Article 13(1) of Regulation (EC) No 810/2009.
5.  the facial image of the applicant, in accordance with Article 13 of Regulation (EC) No 810/2009.
Amendment 66
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point b a (new)
Regulation (EC) No 767/2008
Article 9 – paragraph 1 – point 6
(ba)  point 6 is replaced by the following:
6.  fingerprints of the applicant, in accordance with the relevant provisions of the Common Consular Instructions.
6. fingerprints of the applicant, in accordance with Article 13 of Regulation (EC) No 810/2009.”;
Amendment 67
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point d
Regulation (EC) No 767/2008
Article 9 – paragraph 1a
8.  The facial image of third country nationals referred to in point 5 of the first paragraph shall have sufficient image resolution and quality to be used in automated biometric matching.
The facial image of third country nationals referred to in point 5 of the first paragraph shall have sufficient image resolution and quality to be used in automated biometric matching. If it lacks sufficient quality, the facial image shall not be used for automated matching.
Amendment 68
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point d
Regulation (EC) No 767/2008
Article 9 – paragraph 1b
By way of derogation from the second paragraph, in exceptional cases where the quality and resolution specifications set for the enrolment of the live facial image in the VIS cannot be met, the facial image may be extracted electronically from the chip of the electronic Machine Readable Travel Document (eMRTD). In such cases, the facial image shall only be inserted into the individual file after electronic verification that the facial image recorded in the chip of the eMRTD corresponds to the live facial image of the third-country national concerned.
By way of derogation from the first paragraph, in exceptional cases where the quality and resolution specifications set for the enrolment of the live facial image in the VIS cannot be met, the facial image may be extracted electronically from the chip of the electronic Machine Readable Travel Document (eMRTD). In such cases, the facial image shall only be inserted into the individual file after electronic verification that the facial image recorded in the chip of the eMRTD corresponds to the live facial image of the third-country national concerned.
Amendment 69
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Regulation (EC) No 767/2008
Article 9a – paragraph 2
2.  When an application is created or a visa is issued, the VIS shall check whether the travel document related to that application is recognised in accordance to Decision No 1105/2011/EU, by performing an automatic search against the list of recognised travel documents referred to in Article 5a, and shall return a result.
2.  When an application is created, the VIS shall check whether the travel document related to that application is recognised in accordance to Decision No 1105/2011/EU, by performing an automatic search against the list of recognised travel documents referred to in Article 5a, and shall return a result.
Amendment 70
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Regulation (EC) No 767/2008
Article 9a – paragraph 3
3.  For the purpose of the verifications provided for in Article 21(1) and Article 21(3)(a), (c) and (d) of Regulation (EC) No 810/2009, the VIS shall launch a query by using the European Search Portal defined in Article 6(1) [of the Interoperability Regulation] to compare the relevant data referred to in point (4) of Article 9 of this Regulation to the data present in a record, file or alert registered in the VIS, the Schengen Information System (SIS), the Entry/Exit System (EES), the European Travel Information and Authorisation System (ETIAS), including the watchlist referred to in Article 29 of Regulation (EU) 2018/XX for the purposes of establishing a European Travel Information and Authorisation System], the Eurodac, [the ECRIS-TCN system as far as convictions related to terrorist offences and other forms of serious criminal offences are concerned], the Europol data, the Interpol Stolen and Lost Travel Document database (SLTD) and the Interpol Travel Documents Associated with Notices database (Interpol TDAWN).
3.  For the purpose of the verifications provided for in Article 21(1) and Article 21(3)(a) and (c) of Regulation (EC) No 810/2009, the VIS shall launch a query by using the European Search Portal defined in Article 6(1) [of the Interoperability Regulation] to compare the relevant data referred to in points (4), (5) and (6) of Article 9 of this Regulation. VIS shall verify:
(a)  whether the travel document used for the application corresponds to a travel document reported lost, stolen, misappropriated or invalidated in SIS;
(b)  whether the travel document used for the application corresponds to a travel document reported lost, stolen or invalidated in the SLTD database;
(c)  whether the applicant is subject to a refusal of entry and stay alert in SIS;
(d)  whether the applicant is subject to an alert in respect of persons wanted for arrest for surrender purposes on the basis of a European Arrest Warrant or wanted for arrest for extradition purposes in SIS;
(e)  whether the applicant and the travel document correspond to a refused, revoked or annulled travel authorisation in the ETIAS Central System and its holder;
(f)  whether the applicant and the travel document are in the watch list referred to in Article 34 of Regulation (EU) 2018/1240 of the European Parliament and of the Council*;
(g)  whether data on the applicant is already recorded in VIS;
(h)  whether the data provided in the application concerning the travel document correspond to another application for a visa associated with different identity data;
(i)  whether the applicant is currently reported as an overstayer or whether he or she has been reported as an overstayer in the past in the EES;
(j)  whether the applicant is recorded as having been refused entry in the EES;
(k)  whether the applicant has been subject to a decision to refuse, annul or revoke a short-stay visa recorded in VIS;
(l)  whether the applicant has been subject to a decision to refuse, annul or revoke a long-stay visa, or residence permit recorded in VIS;
(m)  whether data specific to the identity of the applicant are recorded in Europol data;
(n)  whether the applicant for a short-stay visa is registered in Eurodac;
(o)  in cases where the applicant is a minor, whether the applicant's holder of parental authority or legal guardian:
(i)  is subject to an alert in respect of persons wanted for arrest for surrender purposes on the basis of a European Arrest Warrant or wanted for arrest for extradition purposes in SIS;
(ii)  is subject to a refusal of entry and stay alert entered in SIS;
(iii)  holds a travel document contained in the watch list referred to in Article 34 of Regulation (EU) 2018/1240.
________________________
* Regulation (EU) 2018/1240 of the European Parliament and of the Council of 12 September 2018 establishing a European Travel Information and Authorisation System (ETIAS) and amending Regulations (EU) No 1077/2011, (EU) No 515/2014, (EU) 2016/399, (EU) 2016/1624 and (EU) 2017/2226 (OJ L 236, 19.9.2018, p. 1).
Amendment 71
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Regulation (EC) No 767/2008
Article 9a – paragraph 3 a (new)
3a.  When querying SLTD, the data used by the user of the ESP to launch a query shall not be shared with the owners of Interpol data.
Amendment 72
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Regulation (EC) No 767/2008
Article 9a – paragraph 4
4.  The VIS shall add a reference to any hit obtained pursuant to paragraph 3 to the application file. Additionally, the VIS shall identify, where relevant, the Member State(s) that entered or supplied the data having triggered the hit(s) or Europol, and shall record this in the application file.
4.  The VIS shall add a reference to any hit obtained pursuant to paragraph 3 to the application file. Additionally, the VIS shall identify, where relevant, the Member State(s) that entered or supplied the data having triggered the hit(s) or Europol, and shall record this in the application file. No information other than the reference to any hit and the originator of the data shall be recorded.
Amendment 73
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Regulation (EC) No 767/2008
Article 9a – paragraph 5 – point d
(d)  an alert on persons and objects for discreet checks or specific checks.
(d)  an alert on persons and objects for discreet checks, specific checks or inquiry checks.
Amendment 74
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Regulation (EC) No 767/2008
Article 9a – paragraph 5 a (new)
5a.  Any hit resulting from the queries pursuant to Article 9a(3)(a), (b), (c), (e), (g), (h), (i), (j), (k), (l) and (n) shall be assessed, where necessary following verification by the central authority in accordance with Article 9c, by the consulate where the visa application was lodged.
Amendment 75
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Regulation (EC) No 767/2008
Article 9a – paragraph 5 b (new)
5b.  Any hit resulting from the queries pursuant to Article 9a(3)(d), (f),(m), and (o) shall be verified, where necessary, and assessed by the single point of contact of the Member States that entered or supplied the data having triggered the hits, in accordance with Article 9ca.
Amendment 76
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Regulation (EC) No 767/2008
Article 9a – paragraph 5 c (new)
5c.  Any hit against SIS shall also be automatically notified to the SIRENE Bureau of the Member State that created the alert having triggered the hit.
Amendment 77
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Regulation (EC) No 767/2008
Article 9a – paragraph 5 d (new)
5d.  The notification provided to the SIRENE Bureau of the Member State or the single point of contact that entered the alert shall contain the following data:
(a)  surname(s), first name(s) and, if any, alias(es);
(b)  place and date of birth;
(c)  sex;
(d)  nationality and, if any, other nationalities;
(e)  Member State of first intended stay, and if available, the address of first intended stay;
(f)  the applicant’s home address or, if not available, his or her city and country of residence;
(g)  a reference to any hits obtained, including the date and time of the hit.
Amendment 78
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Regulation (EC) No 767/2008
Article 9a – paragraph 5 e (new)
5e.  This Article shall not impede the submission of an application for asylum on any grounds. If a visa application is submitted by a victim of violent crime such as domestic violence or trafficking in human beings committed by their sponsor, the file submitted to VIS shall be separated from that of the sponsor in order to protect the victims from further danger.
Amendment 79
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Regulation (EC) No 767/2008
Article 9b – paragraph 1
1.  As regards third country nationals who are members of the family 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 equivalent to that of Union citizens under an agreement between the Union and its Member States, on the one hand, and a third country, on the other, the automated checks in Article 9a(3) shall be carried our solely for the purpose of checking that there are no factual indications or reasonable grounds based on factual indications to conclude that the presence of the person on the territory of the Member States poses a risk to security or high epidemic risk in accordance with Directive 2004/38/EC.
1.  As regards third country nationals who are members of the family 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 equivalent to that of Union citizens under an agreement between the Union and its Member States, on the one hand, and a third country, on the other, the automated checks in Article 9a(3) shall be carried out solely for the purpose of checking that there are no factual indications or reasonable grounds based on factual indications to conclude that the presence of the person on the territory of the Member States poses a risk to security in accordance with Directive 2004/38/EC.
Amendment 80
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Regulation (EC) No 767/2008
Article 9b – paragraph 3
3.  Where the automated processing of the application as referred to in Article 9a(3) has reported a hit corresponding to a refusal of entry and stay alert as referred to in Article 24 of Regulation (EC) 1987/2006, the visa authority shall verify the ground for the decision following which this alert was entered in the SIS. If this ground is related to an illegal immigration risk, the alert shall not be taken into consideration for the assessment of the application. The visa authority shall proceed according to Article 25(2) of the SIS II Regulation.
3.  Where the automated processing of the application as referred to in Article 9a(3) has reported a hit corresponding to a refusal of entry and stay alert as referred to in Article 24 of Regulation (EU) 2018/1861, the visa authority shall verify the ground for the decision following which this alert was entered in the SIS. If this ground is related to an illegal immigration risk, the alert shall not be taken into consideration for the assessment of the application. The visa authority shall proceed according to Article 26(2) of Regulation (EU) 2018/1861.
Amendment 81
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Regulation (EC) No 767/2008
Article 9c – title
Verification by the central authorities
Verification by the central authorities and the national single point of contact
Amendment 82
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Regulation (EC) No 767/2008
Article 9c – paragraph 1
1.  Any hit resulting from the queries pursuant to Article 9a(3) shall be manually verified by the central authority of the Member State processing the application.
1.  Any hit as referred to in Article 9a(5b) resulting from the queries pursuant to Article 9a(3) which cannot automatically be confirmed by VIS shall be manually verified by the national single point of contact in accordance with Article 9ca. The central authority of the Member State processing the application shall be notified.
Amendment 83
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Regulation (EC) No 767/2008
Article 9c – paragraph 2
2.  Where manually verifying the hits, the central authority shall have access to the application file and any linked application files, as well as to all the hits triggered during the automated processing pursuant to Article 9a(3).
2.  Any hit as referred to in Article 9a(5a) resulting from the queries pursuant to Article 9a(3) which cannot automatically be confirmed by VIS shall be manually verified by the central authority. When manually verifying the hits, the central authority shall have access to the application file and any linked application files, as well as to all the hits triggered during the automated processing pursuant to Article 9a(5a).
Amendment 84
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Regulation (EC) No 767/2008
Article 9c – paragraph 5
5.  Where the data correspond to or where doubts remain concerning the identity of the applicant, the central visa authority processing the application shall inform the central authority of the other Member State(s), which were identified as having entered or supplied the data that triggered the hit pursuant to Article 9a(3). Where one or more Member States were identified as having entered or supplied the data that triggered such hit, the central authority shall consult the central authorities of the other Member State(s) using the procedure set out in Article 16(2).
5.  Where the data correspond to or where doubts remain concerning the identity of the applicant, in justified cases the central visa authority processing the application shall inform the central authority of the other Member State(s), which were identified as having entered or supplied the data that triggered the hit pursuant to Article 9a(3). Where one or more Member States were identified as having entered or supplied the data that triggered such hit, the central authority shall consult the central authorities of the other Member State(s) using the procedure set out in Article 16(2). The applicant shall have the benefit of any doubt.
Amendment 85
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Regulation (EC) No 767/2008
Article 9c – paragraph 7
7.  By derogation from paragraph 1, where the comparison referred to in Article 9a(5) reports one or more hits, the VIS shall send an automated notification to the central authority of the Member State that launched the query to take any appropriate follow-up action.
deleted
Amendment 86
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Regulation (EC) No 767/2008
Article 9c – paragraph 8
8.  Where Europol is identified as having supplied the data having triggered a hit in accordance with Article 9a(3), the central authority of the responsible Member State shall consult the Europol national unit for follow-up in accordance with Regulation (EU) 2016/794 and in particular its Chapter IV.
deleted
Amendment 87
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Regulation (EC) No 767/2008
Article 9c a (new)
Article 9ca
Verification and assessment by the national single point of contact
1.  Each Member State shall designate a national authority, operational 24 hours a day, 7 days a week, which shall ensure the relevant manual verifications and assessment of hits for the purposes of this Regulation (“the single point of contact”). The single point of contact shall be composed of liaison officers of SIRENE Bureau, Interpol National Central Bureaux, Europol national central point, ETIAS National Unit and all relevant national law enforcement authorities. Member States shall ensure sufficient staffing enabling the single point of contact to verify hits notified to it pursuant to this Regulation and taking into account the deadlines provided for in Article 23 of Regulation (EC) No 810/2009.
2.  The single point of contact shall manually verify the hits referred to it. The procedures set out in Article 9c(2) to (6) shall apply.
3.  Where following the verification referred to in paragraph 2 of this Article the data correspond and a hit is confirmed, the single point of contact shall contact, where necessary, the responsible authorities, including Europol, that provided the data having triggered the hit. It shall then assess the hit. The single point of contact shall provide a reasoned opinion in view of the decision on the application to be taken under Article 23 of Regulation (EC) No 810/2009. This reasoned opinion shall be included in the application file.
Amendment 88
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Regulation (EC) No 767/2008
Article 9c b (new)
Article 9cb
Manual
The Commission shall adopt a delegated act in accordance with Article 48a to lay down in a manual the relevant data to be compared in the queries of the other systems in accordance with Article 9a(3), and the procedures and rules necessary for these queries, verifications and assessments provided for in Articles 9a to 9ca. This delegated act shall include the combination of data categories for querying each system in accordance with Article 9a.
Amendment 89
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Regulation (EC) No 767/2008
Article 13 – paragraph 4
4.  When the application file is updated pursuant to paragraphs 1 and 2, the VIS shall send a notification to the Member State that issued the visa, informing of the decision to annul or revoke that visa. Such notification shall be generated automatically by the central system and transmitted via the mechanism provided in Article 16.;
4.  When the application file is updated pursuant to paragraphs 1 and 2, the VIS shall send a notification to the Member State that issued the visa, informing of the reasoned decision to annul or revoke that visa. Such notification shall be generated automatically by the central system and transmitted via the mechanism provided in Article 16.;
Amendment 90
Proposal for a regulation
Article 1 – paragraph 1 – point 15
Regulation (EC) No 767/2008
Article 16 – paragraph 2 – subparagraph 3
Solely for the purpose of carrying out the consultation procedure, the list of Member States requiring that their central authorities be consulted by other Member States' central authorities during the examination of visa applications for uniform visas lodged by nationals of specific third countries or specific categories of such nationals, according to Article 22 of Regulation (EC) No 810/2009, and of the third country nationals concerned, shall be integrated into the VIS."
Solely for the purpose of carrying out the consultation procedure, the list of Member States requiring that their central authorities be consulted by other Member States' central authorities during the examination of visa applications for uniform visas lodged by nationals of specific third countries or specific categories of such nationals, according to Article 22 of Regulation (EC) No 810/2009, shall be integrated into the VIS."
Amendment 91
Proposal for a regulation
Article 1 – paragraph 1 – point 15
Regulation (EC) No 767/2008
Article 16 – paragraph 3 – poin a
(a)  the transmission of information pursuant to Article 25(4) on the issuing of visas with limited territorial validity, Article 24(2) on data amendments and Article 31 of Regulation (EC) No 810/2009 on ex post notifications;
(a)  the transmission of information pursuant to Article 25(4) on the issuing of visas with limited territorial validity, Article 24(2) on data amendments of this Regulation and Article 31 of Regulation (EC) No 810/2009 on ex post notifications;
Amendment 92
Proposal for a regulation
Article 1 – paragraph 1 – point 15
Regulation (EC) No 767/2008
Article 16 – paragraph 3 – point b
(b)  all other messages related to consular cooperation that entail transmission of personal data recorded in the VIS or related to it, to the transmission of requests to the competent visa authority to forward copies of travel documents pursuant to point 7 of Article 9 and other documents supporting the application and to the transmission of electronic copies of those documents, as well as to requests pursuant to Article 9c and Article 38(3). The competent visa authorities shall respond to any such request within two working days.
(b)  all other messages related to consular cooperation that entail transmission of personal data recorded in the VIS or related to it, to the transmission of requests to the competent visa authority to forward copies of documents supporting the application and to the transmission of electronic copies of those documents, as well as to requests pursuant to Article 9c and Article 38(3). The competent visa authorities shall respond to any such request within two working days.
Amendment 93
Proposal for a regulation
Article 1 – paragraph 1 – point 18 a (new)
Regulation (EC) No 767/2008
Article 18a
(18a)  Article 18a is replaced by the following:
Article 18a
“Article 18a
Retrieval of VIS data for creating or updating an entry/exit record or a refusal of entry record of a visa holder in the EES
Retrieval of VIS data for creating or updating an entry/exit record or a refusal of entry record of a visa holder in the EES
Solely for the purpose of creating or updating an entry/exit record or a refusal of entry record of a visa holder in the EES in accordance with Article 14(2) and Articles 16 and 18 of Regulation (EU) 2017/2226, the competent authority for carrying out checks at borders at which the EES is operated shall be given access to retrieve from the VIS and import into the EES the data stored in the VIS and listed in points (c) to (f) of Article 16(2) of that Regulation.
Solely for the purpose of creating or updating an entry/exit record or a refusal of entry record of a visa holder in the EES in accordance with Article14(2) and Articles 16 and 18 of Regulation (EU) 2017/2226, the competent authority for carrying out checks at borders at which the EES is operated shall be given access to retrieve from the VIS and import into the EES the data stored in the VIS and listed in point (d) of Article 16(1) and points (c) to (f) of Article 16(2) of that Regulation.”
Amendment 94
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Regulation (EC) No 767/2008
Article 20a – title
Use of VIS data for the purpose of entering SIS alerts on missing persons and the subsequent access to those data
Use of VIS data for the purpose of entering SIS alerts on missing persons or vulnerable persons who need to be prevented from travelling and the subsequent access to those data
Amendment 95
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Regulation (EC) No 767/2008
Article 20a – paragraph 1
1.  Fingerprint data stored in the VIS may be used for the purpose of entering an alert on missing persons in accordance with Article 32(2) of Regulation (EU) … of the European Parliament and of the Council* [Regulation (EU) on the establishment, operation and use of the Schengen Information System (SIS) in the field of police cooperation and judicial cooperation in criminal matters]. In those cases, the exchange of fingerprint data shall take place via secured means to the SIRENE bureau of the Member State owning the data.
1.  Fingerprint data and facial images stored in the VIS may be used for the purpose of entering an alert on missing persons, children at risk of abduction or vulnerable persons who need to be prevented from travelling in accordance with Article 32 of Regulation(EU) … of the European Parliament and of the Council* [Regulation (EU) on the establishment, operation and use of the Schengen Information System (SIS) in the field of police cooperation and judicial cooperation in criminal matters].In those cases, the exchange of fingerprint data and facial images shall take place via secured means to the SIRENE bureau of the Member State owning the data.
Amendment 96
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Regulation (EC) No 767/2008
Article 20a – paragraph 2
2.  Where there is a hit against a SIS alert as referred to in paragraph 1, child protection authorities and national judicial authorities, including those responsible for the initiation of public prosecutions in criminal proceedings and for judicial inquiries prior to charge and their coordinating authorities, as referred to in Article 43 of Regulation (EU) … [COM(2016)0883 – SIS LE], may request, in the performance of their tasks, access to the data entered in VIS. The conditions provided for in Union and national legislation shall apply.
2.  Where there is a hit against a SIS alert through the use of fingerprint data and facial images stored in VIS as referred to in paragraph 1, child protection authorities and national judicial authorities, including those responsible for the initiation of public prosecutions in criminal proceedings and for judicial inquiries prior to charge and their coordinating authorities, as referred to in Article 44 of Regulation (EU) … [COM(2016)0883 – SIS (police cooperation)], may request from an authority with access to VIS, in the performance of their tasks, access to the data entered in VIS. The conditions provided for in Union and national legislation shall apply. Member States shall ensure that the data are transmitted in a secure manner.
Amendment 97
Proposal for a regulation
Article 1 – paragraph 1 – point 19 a (new)
Regulation (EC) No 767/2008
Article 22 – paragraph 1
(19a)   in Article 22 paragraph 1 is replaced by the following:
1.   For the sole purpose of examining an application for asylum, the competent asylum authorities shall have access in accordance with Article 21 of Regulation (EC) No 343/2003 to search with the fingerprints of the asylum seeker.
1. For the sole purpose of examining an application for asylum, the competent asylum authorities shall have access in accordance with Article 21 of Regulation (EC) No 343/2003 to search with the fingerprints of the asylum seeker. Where the fingerprints of the asylum seeker cannot be used or the search with the fingerprints fails, the search shall be carried out with the data referred to in Article 9(4)(a) and/or (b) to (cc); this search may be carried out in combination with the data referred to in Article 9(4)(aa).
Where the fingerprints of the asylum seeker cannot be used or the search with the fingerprints fails, the search shall be carried out with the data referred to in Article 9(4)(a) and/or (c); this search may be carried out in combination with the data referred to in Article 9(4)(b).
Amendment 98
Proposal for a regulation
Article 1 – paragraph 1 – point 20
Regulation (EC) No 767/2008
Article 22 – paragraph 2 – point c
(c)  photographs;
(c)  facial images;
Amendment 99
Proposal for a regulation
Article 1 – paragraph 1 – point 20
Regulation (EC) No 767/2008
Article 22 – paragraph 2 – point e
(e)  the data referred to in points (4) and (5) of Article 9 of the linked application files pursuant to Article 8(4).
(e)  the data referred to in point (4) of Article 9 of the linked application files pursuant to Article 8(4).
Amendment 100
Proposal for a regulation
Article 1 – paragraph 1 – point 21
Regulation (EC) No 767/2008
Article 23 – paragraph 1 – subparagraph 1
Each file shall be stored in the VIS for a maximum of five years, without prejudice to the deletion referred to in Articles 24 and 25 and to the keeping of records referred to in Article 34.
Each application file shall be stored in the VIS for a maximum of five years, without prejudice to the deletion referred to in Articles 24 and 25 and to the keeping of records referred to in Article 34.
Amendment 101
Proposal for a regulation
Article 1 – paragraph 1 – point 21
Regulation (EC) No 767/2008
Article 23 – paragraph 1 – subparagraph 2 – point b
(b)  on the new expiry date of the visa, the long-stay visa or the residence permit, if a visa, a long-stay visa or a residence permit has been extended;
(b)  on the new expiry date of the visa or the long-stay visa, if a visa or a long-stay visa has been extended;
Amendment 102
Proposal for a regulation
Article 1 – paragraph 1 – point 21
Regulation (EC) No 767/2008
Article 23 – paragraph 2
2.  Upon expiry of the period referred to in paragraph 1, the VIS shall automatically erase the file and the link(s) to this file as referred to in Article 8(3) and (4) and Article 22a22a(3) and (5).
2.  Upon expiry of the period referred to in paragraph 1, the VIS shall automatically erase the file and the link(s) to this file as referred to in Article 8(3) and (4) and Article 22a(3).
Amendment 103
Proposal for a regulation
Article 1 – paragraph 1 – point 21
Regulation (EC) No 767/2008
Article 23 – paragraph 2 a (new)
2a.  By way of derogation from paragraph 1:
(a)   application files pertaining to a residence permit shall be deleted after a maximum period of 10 years;
(b)   application files pertaining to children below the age of 12 shall be deleted upon the child exiting the Schengen area.
Amendment 104
Proposal for a regulation
Article 1 – paragraph 1 – point 21
Regulation (EC) No 767/2008
Article 23 – paragraph 2 b (new)
2b.  By way of derogation from paragraph 1, for the purpose of facilitating a new application the application file referred therein may be stored for an additional period of no more than three years from the end of the validity period of the long-stay visa or residence permit and only where, following a request for consent, the applicant freely and explicitly consents by means of a signed declaration. Requests for consent shall be presented in a manner which is clearly distinguishable from other matters, in an intelligible and easily accessible form and using clear and plain language, in accordance with Article 7 of Regulation (EU) 2016/679. The applicant may withdraw his or her consent at any time, in accordance with Article 7(3) of Regulation (EU) 2016/679. If the applicant withdraws consent, the application file shall automatically be erased from VIS.
eu-LISA shall develop a tool to enable applicants to give and withdraw their consent.
The Commission shall adopt delegated acts in accordance with Article 48a to further define the tool to be used by the applicants to give and withdraw their consent.
Amendment 105
Proposal for a regulation
Article 1 – paragraph 1 – point 22 a (new)
Regulation (EC) No 767/2008
Article 24 – paragraph 3
(22a)  In Article 24, paragraph 3 is replaced by the following:
3.  The Member State responsible shall check the data concerned and, if necessary, correct or delete them immediately.
3. The Member State responsible shall, as soon as possible, check the data concerned and, if necessary, correct or delete them immediately.”;
Amendment 106
Proposal for a regulation
Article 1 – paragraph 1 – point 23 – point a
Regulation (EC) No 767/2008
Article 25 – paragraph 1
1.  Where, before expiry of the period referred to in Article 23(1), an applicant has acquired the nationality of a Member State, the application files, the files and the links referred to in Article 8(3) and (4), Article 22a(3) relating to him or her shall be erased without delay from the VIS by the Member State which created the respective application file(s) and links.
1.  Where, before expiry of the period referred to in Article 23(1), an applicant has acquired the nationality of a Member State, the application files, the files and the links referred to in Article 8(3) and (4) and in Article 22a(3) relating to him or her shall be erased without delay from the VIS by the Member State which created the respective application file(s) and links.
Amendment 107
Proposal for a regulation
Article 1 – paragraph 1 – point 23 a (new)
Regulation (EC) No 767/2008
Article 26 – paragraph 1
(23a)  In Article 26, paragraph 1 is replaced by the following:
1.  After a transitional period, a management authority (the Management Authority), funded from the general budget of the European Union, shall be responsible for the operational management of the central VIS and the national interfaces. The Management Authority shall ensure, in cooperation with the Member States, that at all times the best available technology, subject to a cost-benefit analysis, is used for the central VIS and the national interfaces.
“1. eu-LISA shall be responsible for the operational management of VIS and its components as set out in Article 2a. It shall ensure, in cooperation with the Member States, that at all times the best available technology, subject to a cost-benefit analysis, is used for those components.”
Amendment 108
Proposal for a regulation
Article 1 – paragraph 1 – point 23 b (new)
Regulation (EC) No 767/2008
Article 26 – paragraph 2
(23b)  In Article 26, paragraph 2 is replaced by the following:
2.  The Management Authority shall also be responsible for the following tasks relating to the communication infrastructure between the central VIS and the national interfaces:
“2. Operational management of VIS shall consist of all the tasks necessary to keep VIS functioning 24 hours a day, 7 days a week in accordance with this Regulation, in particular the maintenance work and technical developments necessary to ensure that VIS functions at a satisfactory level of operational quality, in particular as regards the response time for queries of the VIS Central System by consular posts and border authorities. Such response times shall be as short as possible.
(a)  supervision;
(b)  security;
(c)  the coordination of relations between the Member States and the provider.
Amendment 109
Proposal for a regulation
Article 1 – paragraph 1 – point 23 c (new)
Regulation (EC) No 767/2008
Article 26 – paragraphs 3 to 8
(23c)  In Article 26, paragraphs 3 to 8 are deleted;
Amendment 110
Proposal for a regulation
Article 1 – paragraph 1 – point 24
Regulation (EC) No 767/2008
Article 26 – paragraph 8a
(24)  in Article 26, the following paragraph 8a is inserted:
deleted
‘8a. Eu-LISA shall be permitted to use anonymised real personal data of the VIS production system for testing purposes in the following circumstances:
(a)  for diagnostics and repair when faults are discovered with the Central System;
(b)  for testing new technologies and techniques relevant to enhance the performance of the Central System or transmission of data to it.
In such cases, the security measures, access control and logging activities at the testing environment shall be equal to the ones for the VIS production system. Real personal data adopted for testing shall be rendered anonymous in such a way that the data-subject is no longer identifiable.
Amendment 111
Proposal for a regulation
Article 1 – paragraph 1 – point 24 a (new)
Regulation (EC) No 767/2008
Article 26 – paragraphs 9 a and 9 b (new)
(24a)  In Article 26, the following paragraphs are added:
“9a. Where eu-LISA cooperates with external contractors in any VIS-related tasks, it shall closely monitor the activities of the contractor to ensure compliance with this Regulation, in particular on security, confidentiality and data protection.
9b.  The operational management of the VIS Central System shall not been trusted to private companies or private organisations.”;
Amendment 112
Proposal for a regulation
Article 1 – paragraph 1 – point 25
Regulation (EC) No 767/2008
Article 27 – paragraph 2
Both sites may be used simultaneously for active operation of the VIS provided that the second site remains capable of ensuring its operation in case of failure of the system.
eu-LISA shall implement technical solutions to ensure the uninterrupted availability of VIS either through the simultaneous operation of VIS Central System and the backup VIS Central System, provided that the backup VIS Central System remains capable of ensuring the operation of VIS in the event of a failure of VIS Central System, or through duplication of the system or its components.
Amendment 113
Proposal for a regulation
Article 1 – paragraph 1 – point 26 – point b a (new)
Regulation (EC) No 767/2008
Article 29 – paragraph 1 – subparagraph 1 a (new)
For this purpose, Member States shall ensure that consular staff and the staff of any external service provider with which they are cooperating as referred to in Article 43 of Regulation (EU) No 810/2009 receive regular training on data quality.
Amendment 114
Proposal for a regulation
Article 1 – paragraph 1 – point 26 – point d
Regulation (EC) No 767/2008
Article 29 – paragraph 2a – subparagraph 1
2a.   The management authority together with the Commission shall develop and maintain automated data quality control mechanisms and procedures for carrying out quality checks on the data in VIS and shall provide regular reports to the Member States. The management authority shall provide a regular report to the Member states and Commission on the data quality controls.
2a.  eu-LISA together with the Commission shall develop, maintain and continuously upgrade automated data quality control mechanisms and procedures for carrying out quality checks on the data in VIS and shall provide regular reports to the Member States. Eu-LISA shall ensure adequate levels of professionally trained staff to implement the technical innovations and upgrades required to operate the data quality control mechanisms. Eu-LISA shall provide a regular report to the Member states and Commission on the data quality controls. The Commission shall provide the European Parliament and the Council with a regular report on data quality issues that are encountered and how they were addressed.
Amendment 115
Proposal for a regulation
Article 1 – paragraph 1 – point 26 – point d a (new)
Regulation (EC) No 767/2008
Article 29 – paragraph 2 b (new)
(da)  the following paragraph is inserted:
“2b. The Commission shall present a report to the European Parliament and to the Council on the feasibility, availability, readiness and reliability of the required technology to use facial images to identify a person.”;
Amendment 116
Proposal for a regulation
Article 1 – paragraph 1 – point 26 – point d b (new)
Regulation (EC) No 767/2008
Article 29 – paragraph 3 a (new)
(db)  the following paragraph is added:
“3a. In relation to the processing of personal data in VIS, each Member State shall designate the authority which is to be considered as controller in accordance with point (7) of Article 4 of Regulation (EU) 2016/679 and which shall have central responsibility for the processing of data by that Member State. Each Member State shall notify the Commission of the designation.”;
Amendment 117
Proposal for a regulation
Article 1 – paragraph 1 – point 27
Regulation (EC) No 767/2008
Article 29a – paragraph 1 – point a
(a)  data pursuant to Articles 9, 22c and 22d and Article 6(4) may only be sent to the VIS following a quality check performed by the responsible national authorities;
(a)  data pursuant to Articles 9, 22c and 22d and Article 6(4) may only be entered to the VIS following a quality check performed by the responsible national authorities;
Amendment 118
Proposal for a regulation
Article 1 – paragraph 1 – point 27
Regulation (EC) No 767/2008
Article 29a – paragraph 2 – point b
(b)  the automated procedures pursuant to Article 9(a)(3) and 22b(2) may be triggered by the VIS only following a quality check performed by the VIS pursuant to this Article; should these checks fail to meet the established quality criteria, the responsible authority(ies) shall be automatically notified by the VIS;
(b)  the automated procedures pursuant to Article 9a(3) and 22b(2) may be triggered by the VIS only following a quality check performed by the VIS pursuant to this Article; should these checks fail to meet the established quality criteria, the responsible authority(ies) shall be automatically notified by the VIS;
Amendment 119
Proposal for a regulation
Article 1 – paragraph 1 – point 27
Regulation (EC) No 767/2008
Article 29a – paragraph 2 – point c
(c)  quality checks on facial images and dactylographic data shall be performed when creating application files of third country nationals in VIS, to ascertain the fulfilment of minimum data quality standards allowing biometric matching;
(c)  quality checks on facial images and dactylographic data shall be performed when creating application files of third country nationals in VIS, to ascertain the fulfilment of minimum data quality standards allowing for biometric matching;
Amendment 120
Proposal for a regulation
Article 1 – paragraph 1 – point 27
Regulation (EC) No 767/2008
Article 29a – paragraph 3
3.  Quality standards shall be established for the storage of the data referred to in paragraph 1 and 2 of this Article. The specification of these standards shall be laid down in implementing acts. Those implementing acts shall be adopted i in accordance with the examination procedure referred to in Article 49(2).;
3.  Quality standards shall be established for the storage of the data referred to in paragraph 1 and 2 of this Article. The specification of these standards shall be laid down in implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 49(2).;
Amendment 121
Proposal for a regulation
Article 1 – paragraph 1 – point 28
Regulation (EC) No 767/2008
Article 31 – paragraphs 1 and 2
(28)  in Article 31, paragraphs 1 and 2 are replaced by the following:
deleted
“1. Without prejudice to Regulation (EU) 2016/679, the data referred to in Article 9(4)(a), (b), (c), (k) and (m); 9(6) and 9(7) may be transferred or made available to a third country or to an international organisation listed in the Annex, only if necessary in individual cases for the purpose of proving the identity of third-country nationals, and only for the purpose of return in accordance with Directive 2008/115/EC or of resettlement in accordance with the Regulation …[Resettlement Framework Regulation], and provided that the Member State which entered the data in the VIS has given its approval.”;
Amendment 122
Proposal for a regulation
Article 1 – paragraph 1 – point 28 a (new)
Regulation (EC) No 767/2008
Article 31 – paragraph 2
(28a)  In Article 31, paragraph 2 is replaced by the following:
2.  By way of derogation from paragraph 1, the data referred to in Article 9(4)(a), (b), (c), (k) and (m) may be transferred or made available to a third country or to an international organisation listed in the Annex if necessary in individual cases for the purpose of proving the identity of third-country nationals, including for the purpose of return, only where the following conditions are satisfied:
“2. By way of derogation from paragraph 1 of this Article, the data referred to in Article 9(4)(a), (aa), (b), (c), (cc), (k) and (m), (6) and (7) may be transferred by border authorities or immigration authorities to a third country or to an international organisation listed in the Annex to this Regulation in individual cases, if necessary in order to prove the identity of third-country nationals for the sole purpose of return, only where one of the following conditions is satisfied:
(a)  the Commission has adopted a decision on the adequate protection of personal data in that third country in accordance with Article 25(6) of Directive 95/46/EC, or a readmission agreement is in force between the Community and that third country, or the provisions of Article 26(1)(d) of Directive 95/46/EC apply;
(a)  the Commission has adopted a decision on the adequate protection of personal data in that third country in accordance with Article 45(3) of Regulation (EU) 2016/679;
(b)  the third country or international organisation agrees to use the data only for the purpose for which they were provided;
(b)  appropriate safeguards as referred to in Article 46 of Regulation (EU) 2016/679 have been provided, such as through a readmission agreement which is in force between the Union or a Member State and the third country in question; or
(c)  the data are transferred or made available in accordance with the relevant provisions of Community law, in particular readmission agreements, and the national law of the Member State which transferred or made the data available, including the legal provisions relevant to data security and data protection; and
(c)  point (d) of Article 49(1) of Regulation (EU) 2016/679, applies.
(d)   the Member State(s) which entered the data in the VIS has given its consent.
Amendment 123
Proposal for a regulation
Article 1 – paragraph 1 – point 28 b (new)
Regulation (EC) No 767/2008
Article 31 – paragraph 3
(28b)  In Article 31, paragraph 3 is replaced by the following:
3.  Such transfers of personal data to third countries or international organisations shall not prejudice the rights of refugees and persons requesting international protection, in particular as regards non-refoulement.
3. The data referred to in Article 9(4)(a), (b), (c), (k) and (m), (6) and (7) may be transferred in accordance with paragraph 2 of this Article only where all of the following conditions are satisfied:
(a)   the transfer of the data is carried out in accordance with the relevant provisions of Union law, in particular provisions on data protection, including Chapter V of Regulation (EU) 2016/679, and readmission agreements, and the national law of the Member State transferring the data;
(b)   the Member State which entered the data in the VIS has given its approval;
(c)   the third country or international organisation has agreed to process the data only for the purposes for which they were provided; and
(d)   a return decision adopted pursuant to Directive 2008/115/EC has been issued in relation to the third-country national concerned, provided that the enforcement of such a return decision is not suspended and provided that no appeal has been lodged which may lead to the suspension of its enforcement.”;
Amendment 124
Proposal for a regulation
Article 1 – paragraph 1 – point 28 c (new)
Regulation (EC) No 767/2008
Article 31 – paragraphs 3 a and 3 b (new)
(28c)  In Article 31, the following paragraphs are added:
“3a. Transfers of personal data to third countries or to international organisations pursuant to paragraph 2 shall not prejudice the rights of applicants for and beneficiaries of international protection, in particular as regards non-refoulement.”;
3b.  Personal data obtained from the VIS by a Member State or by Europol for law enforcement purposes shall not be transferred or made available to any third country, international organisation or private entity established in or outside the Union. The prohibition shall also apply where those data are further processed at national level or between Member States pursuant to Directive (EU) 2016/680.”;
Amendment 125
Proposal for a regulation
Article 1 – paragraph 1 – point 28 e (new) – point a (new)
Regulation (EC) No 767/2008
Article 32 – paragraph 2 – point e a (new)
(28e)  in Article 32, paragraph 2 is amended as follows:
(a)   the following point is inserted:
“(ea) prevent the use of automated data-processing systems by unauthorised persons using data communication equipment;”;
Amendment 126
Proposal for a regulation
Article 1 – paragraph 1 – point 28 e (new) – point b (new)
Regulation (EC) No 767/2008
Article 32 – paragraph 2 – points j a and j b (new)
(b)  the following points are inserted:
“(ja) ensure that, in the event of an interruption, installed systems can be restored to normal operation;
(jb)   ensure reliability by making sure that any faults in the functioning of VIS are properly reported and that the necessary technical measures are put in place to ensure that personal data can be restored in the event of corruption due to a malfunctioning of VIS;”;
Amendment 127
Proposal for a regulation
Article 1 – paragraph 1 – point 28 f (new)
Regulation (EC) No 767/2008
Article 32 a (new)
(28f)  the following Article is inserted:
“Article 32a
Security incidents
1.   Any event that has or may have an impact on the security of VIS or may cause damage or loss to VIS data shall be considered to be a security incident, especially where unlawful access to data may have occurred or where the availability, integrity and confidentiality of data has or may have been compromised.
2.   Security incidents shall be managed in a way as to ensure a quick, effective and proper response.
3.   Without prejudice to the notification and communication of a personal data breach pursuant to Article 33 of Regulation (EU) 2016/679 or to Article 30 of Directive (EU) 2016/680, Member States, Europol and the European Border and Coast Guard Agency shall notify the Commission, eu-LISA, the competent supervisory authority and the European Data Protection Supervisor without delay of security incidents. eu-LISA shall notify the Commission and the European Data Protection Supervisor without delay of any security incident concerning the VIS Central System.
4.   Information regarding a security incident that has or may have an impact on the operation of VIS in a Member State or, within eu-LISA, on the availability, integrity and confidentiality of the data entered or sent by other Member States, shall be provided to all Member States without delay and reported in compliance with the incident management plan provided by eu-LISA.
5.   The Member States and eu-LISA shall collaborate in the event of a security incident.
6.   The Commission shall report serious incidents to the European Parliament and to the Council immediately. These reports shall be classified as EU RESTRICTED/RESTREINT UE in accordance with applicable security rules.
7.   Where a security incident is caused by the misuse of data, Member States, Europol and the European Border and Coast Guard Agency shall ensure that penalties are imposed in accordance with Article 36.”;
Amendment 128
Proposal for a regulation
Article 1 – paragraph 1 – point 28 g (new)
Regulation (EC) No 767/2008
Article 33
(28g)  Article 33 is replaced by the following:
Article 33
“Article 33
Liability
Liability
1.  Any person who, or Member State which, has suffered damage as a result of an unlawful processing operation or any act incompatible with this Regulation shall be entitled to receive compensation from the Member State which is responsible for the damage suffered. That Member State shall be exempted from its liability, in whole or in part, if it proves that it is not responsible for the event giving rise to the damage.
1.  Without prejudice to the right to compensation from, and liability of the controller or processor under Regulation (EU) 2016/679, Directive (EU) 2016/680 and Regulation (EU) 2018/1726:
(a)   any person or Member State that has suffered material damage as a result of an unlawful personal data processing operation or any other act incompatible with this Regulation by a Member State shall be entitled to receive compensation from that Member State;
(b)   any person or Member State that has suffered material or non-material damage as a result of any act by Europol, the European Border and Coast Guard Agency or eu-LISA incompatible with this Regulation shall be entitled to receive compensation from the agency in question.
The Member State concerned, Europol, the European Border and Coast Guard Agency or eu-LISA shall be exempted from their liability under the first subparagraph, in whole or in part, if they prove that they are not responsible for the event which gave rise to the damage.
2.  If any failure of a Member State to comply with its obligations under this Regulation causes damage to the VIS, that Member State shall be held liable for such damage, unless and insofar as the Management Authority or another Member State failed to take reasonable measures to prevent the damage from occurring or to minimise its impact.
2.  If any failure of a Member State to comply with its obligations under this Regulation causes damage to the VIS Central System, that Member State shall be held liable for such damage, unless and insofar as eu-LISA or another Member State participating in the VIS Central System failed to take reasonable measures to prevent the damage from occurring or to minimise its impact.
3.  Claims for compensation against a Member State for the damage referred to in paragraphs 1 and 2 shall be governed by the provisions of national law of the defendant Member State.
3.  Claims for compensation against a Member State for the damage referred to in paragraphs 1 and 2 shall be governed by the national law of that Member State. Claims for compensation against the controller, Europol, the European Border and Coast Guard Agency or eu-LISA for the damage referred to in paragraphs 1 and 2 shall be subject to the conditions provided for in the Treaties.”;
Amendment 129
Proposal for a regulation
Article 1 – paragraph 1 – point 29
Regulation (EC) No 767/2008
Article 34 – paragraph 1
1.  Each Member State, the European Border and Coast Guard Agency and the Management Authority shall keep logs of all data processing operations within the VIS. These logs shall show the purpose of access referred to in Article 6(1), Article 20a(1), Article 22k(1) and Articles 15 to 22 and 22g to 22j, the date and time, the type of data transmitted as referred to in Articles 9 to 14, the type of data used for interrogation as referred to in Article 15(2), Article 18, Article 19(1), Article 20(1), Article 21(1), Article 22(1), Article 22g, Article 22h, Article 22i, Article 22j, Article 45a, and Article 45d and the name of the authority entering or retrieving the data. In addition, each Member State shall keep logs of the staff duly authorised to enter or retrieve the data.
1.  Each Member State, the European Border and Coast Guard Agency and eu-LISA shall keep logs of all data processing operations within the VIS. These logs shall show the purpose of access referred to in Article 6(1), Article 20a(1), Article 22k(1) and Articles 15 to 22 and 22g to 22j, the date and time, the type of data transmitted as referred to in Articles 9 to 14 and 22c to 22f, the type of data used for interrogation as referred to in Article 15(2), Article 18, Article 19(1), Article 20(1), Article 21(1), Article 22(1), Article 22g, Article 22h, Article 22i, Article 22j, Article 45a, and Article 45d and the name of the authority entering or retrieving the data. In addition, each Member State shall keep logs of the staff duly authorised to enter or retrieve the data.
Amendment 130
Proposal for a regulation
Article 1 – paragraph 1 – point 29
Regulation (EC) No 767/2008
Article 34 – paragraph 2
2.  For the operations listed in Article 45b a log of each data processing operation carried out within the VIS and the EES shall be kept in accordance with this Article and Article 41 of the Regulation (EU) 2226/2017 establishing an Entry/Exit System (EES).
2.  For the operations listed in Article 45b a log of each data processing operation carried out within the VIS and the EES shall be kept in accordance with that Article and Article 46 of the Regulation (EU) 2226/2017 establishing an Entry/Exit System (EES). For the operations listed in Article 17a, a record of each data processing operation carried out in VIS and the EES shall be kept in accordance with this Article and Article 46 of Regulation (EU) 2017/2226.
Amendment 131
Proposal for a regulation
Article 1 – paragraph 1 – point 29 a (new)
Regulation (EC) No 767/2008
Article 35
(29a)  Article 35 is replaced by the following:
Article 35
Article 35
Self-monitoring
Self-monitoring
Member States shall ensure that each authority entitled to access VIS data takes the measures necessary to comply with this Regulation and cooperates, where necessary, with the National Supervisory Authority.
Member States shall ensure that each authority entitled to access VIS data takes the measures necessary to comply with this Regulation and cooperates with the National Supervisory Authority.”;
Amendment 132
Proposal for a regulation
Article 1 – paragraph 1 – point 29 b (new)
Regulation (EC) No 767/2008
Article 36
(29b)  Article 36 is replaced by the following:
Article 36
Article 36
Penalties
Penalties
Member States shall take the necessary measures to ensure that any misuse of data entered in the VIS is punishable by penalties, including administrative and/or criminal penalties in accordance with national law, that are effective, proportionate and dissuasive.
Member States shall take the necessary measures to ensure that any misuse or processing of data entered in VIS contrary to this Regulation is punishable by penalties, including administrative and/or criminal penalties in accordance with national law, that are effective, proportionate and dissuasive.”;
Amendment 133
Proposal for a regulation
Article 1 – paragraph 1 – point 30 – point a
Regulation (EC) No 767/2008
Article 37 – paragraph 1 – introductory part
1.  Applicants and the persons referred to in Article 9(4)(f) shall be informed of the following by the Member State responsible:
1.  Without prejudice to the right to information referred to in Articles 15 and 16 of Regulation(EU) 2018/1725, Articles 13 and 14 of Regulation(EU) 2016/679, and Article 13 of Directive 2016/680, third-country nationals and the persons referred to in Articles 9(4)(f), 22c(2)(e) or 22d(e) shall be informed of the following by the Member State responsible:
Amendment 134
Proposal for a regulation
Article 1 – paragraph 1 – point 30 – point a a (new)
Regulation (EC) No 767/2008
Article 37 – paragraph 1 – point f
(aa)   in paragraph 1, point (f) is replaced by the following:
(f)  the existence of the right of access to data relating to them, and the right to request that inaccurate data relating to them be corrected or that unlawfully processed data relating to them be deleted, including the right to receive information on the procedures for exercising those rights and the contact details of the National Supervisory Authorities referred to in Article 41(1), which shall hear claims concerning the protection of personal data.
“(f) the existence of the right of access to data relating to them, and the right to request that inaccurate data relating to them be corrected or that unlawfully processed data relating to them be deleted, including the right to receive information on the procedures for exercising those rights and about the contact details of the European Data Protection Supervisor and of the national supervisory authority of the Member State responsible for the collection of the data referred to in Article 41(1), which shall hear claims concerning the protection of personal data.”;
Amendment 135
Proposal for a regulation
Article 1 – paragraph 1 – point 30 – point a b (new)
Regulation (EC) No 767/2008
Article 37 – paragraph 1 – point f a (new)
(ab)   in paragraph 1, the following point is added:
“(fa) the fact that VIS may be accessed by the Member States and Europol for law enforcement purposes.”;
Amendment 136
Proposal for a regulation
Article 1 – paragraph 1 – point 30 – point b
Regulation (EC) No 767/2008
Article 37 – paragraph 2
2.  The information referred to in paragraph 1 shall be provided in writing to the third country national when the data, the photograph and the fingerprint data as referred to in points (4), (5) and (6) of Article 9, Article 22c(2) and Article 22d (a) to (g) are collected, and where necessary, orally, in a language and manner that the data subject understands or is reasonably presumed to understand. Children must be informed in an age-appropriate manner, using leaflets and/or infographics and/or demonstrations specifically designed to explain the fingerprinting procedure.;
2.  The information referred to in paragraph 1 shall be provided clearly, concisely and accurately in writing to the third country national when the data, the facial image and the fingerprint data as referred to in points (4), (5) and (6) of Article 9, Article 22c(2) and Article 22d (a) to (g) are collected. Children must be informed in an age-appropriate manner, using leaflets and/or infographics and/or demonstrations specifically designed to explain the fingerprinting procedure.;
Amendment 137
Proposal for a regulation
Article 1 – paragraph 1 – point 31
Regulation (EC) No 767/2008
Article 38 – paragraph 3
(31)  in Article 38, paragraph 3 is replaced by the following:
deleted
"3. If the request as provided for in paragraph 2 is made to a Member State other than the Member State responsible, the authorities of the Member State with which the request was lodged shall contact the authorities of the Member State responsible within a period of seven days. The Member State responsible shall check the accuracy of the data and the lawfulness of their processing in the VIS within a period of one month.";
Amendment 138
Proposal for a regulation
Article 1 – paragraph 1 – point 31 a (new)
Regulation (EC) No 767/2008
Article 38
(31a)  Article 38 is replaced by the following:
Article 38
Article 38
Right of access, correction and deletion
Right of access to, of rectification, of completion, of erasure of personal data and of restriction of processing
1.  Without prejudice to the obligation to provide other information in accordance with Article 12(a) of Directive 95/46/EC, any person shall have the right to obtain communication of the data relating to him recorded in the VIS and of the Member State which transmitted them to the VIS. Such access to data may be granted only by a Member State. Each Member State shall record any requests for such access.
1.  Without prejudice to the right to information under Articles 15 and 16 of Regulation (EU) 2018/1725, applicants or holders of long-stay visa or residence permits whose data are stored in VIS shall be informed, at the time their data are collected, of the procedures for exercising the rights under Articles 17 to 20 of Regulation (EU) 2018/1725 and Articles 15 to 18 of Regulation (EU) 2016/679. They shall be provided with the contact details of the European Data Protection Supervisor at the same time.
2.   Any person may request that data relating to him which are inaccurate be corrected and that data recorded unlawfully be deleted. The correction and deletion shall be carried out without delay by the Member State responsible, in accordance with its laws, regulations and procedures.
2.   In order to exercise their rights under Articles 17 to 20 of Regulation (EU) 2018/1725 and Articles 15 to 18 of Regulation (EU) 2016/679, the persons referred to in paragraph 1 shall have the right to address themselves to the Member State which entered their data into VIS. The Member State that receives the request shall examine and reply to it as soon as possible, and at the latest within 30 days. Where in response to a request, it is found that the data stored in VIS are factually inaccurate or have been recorded unlawfully, the Member State responsible shall rectify or erase those data in VIS without delay and at the latest within 30 days of receipt of the request in line with Article 12(3) and (4) of Regulation (EU) 2016/679. If the request is made to a Member State other than the Member State responsible, the authorities of the Member State with which the request was lodged shall contact the authorities of the Member State responsible within a period of seven days. The Member State responsible shall check the accuracy of the data and the lawfulness of their processing in VIS within a period of one month. The persons concerned shall be informed by Member State which contacted the authority of the Member State responsible that his or her request was forwarded, to whom and about the further procedure.
3.   If the request as provided for in paragraph 2 is made to a Member State other than the Member State responsible, the authorities of the Member State with which the request was lodged shall contact the authorities of the Member State responsible within a period of 14 days. The Member State responsible shall check the accuracy of the data and the lawfulness of their processing in the VIS within a period of one month.
3.   Where the Member State responsible does not agree with the claim that data stored in VIS are factually inaccurate or have been recorded unlawfully, it shall adopt without delay an administrative decision explaining in writing to the person concerned why it is not prepared to rectify or erase data relating to him or her.
4.   If it emerges that data recorded in the VIS are inaccurate or have been recorded unlawfully, the Member State responsible shall correct or delete the data in accordance with Article 24(3). The Member State responsible shall confirm in writing to the person concerned without delay that it has taken action to correct or delete data relating to him.
4.   That decision shall also provide the person concerned with information explaining the possibility to challenge the decision taken in respect of the request referred to in paragraph 2 and, where relevant, information on how to bring an action or a complaint before the competent authorities or courts and any assistance available to the person, including from the competent national supervisory authorities.
5.  If the Member State responsible does not agree that data recorded in the VIS are inaccurate or have been recorded unlawfully, it shall explain in writing to the person concerned without delay why it is not prepared to correct or delete data relating to him.
5.   Any request made pursuant to paragraph 2 shall contain the necessary information to identify the person concerned. That information shall be used exclusively to enable the exercise of the rights referred to in paragraph 2.
6.  The Member State responsible shall also provide the person concerned with information explaining the steps which he can take if he does not accept the explanation provided. This shall include information on how to bring an action or a complaint before the competent authorities or courts of that Member State and on any assistance, including from the national supervisory authorities referred to in Article 41(1), that is available in accordance with the laws, regulations and procedures of that Member State.
6.  The Member State responsible shall keep a record in the form of a written document that a request referred to in paragraph 2 was made and how it was addressed. It shall make that document available to the competent national data protection supervisory authorities without delay, and not later than seven days following the decision to rectify or erase data referred to in the second subparagraph of paragraph 2 or following the decision referred to in paragraph 3 respectively.”;
Amendment 139
Proposal for a regulation
Article 1 – paragraph 1 – point 31 b (new)
Regulation (EC) No 767/2008
Article 39
(31b)  Article 39 is replaced by the following:
Article 39
“Article 39
Cooperation to ensure the rights on data protection
Cooperation to ensure the rights on data protection
1.  The Member States shall cooperate actively to enforce the rights laid down in Article 38(2), (3) and (4).
1.  The competent authorities of the Member States shall cooperate actively to enforce the rights laid down in Article 38.
2.  In each Member State, the national supervisory authority shall, upon request, assist and advise the person concerned in exercising his right to correct or delete data relating to him in accordance with Article 28(4) of Directive 95/46/EC.
2.  In each Member State, the supervisory authority referred to in Article 51(1) of Regulation (EU) 2016/679 shall, upon request, assist and advise the data subject in exercising his or her right to rectify, complete or erase personal data relating to him or her or to restrict the processing of such data in accordance with Regulation (EU) 2016/679.
3.  The National Supervisory Authority of the Member State responsible which transmitted the data and the National Supervisory Authorities of the Member States with which the request was lodged shall cooperate to this end.
In order to achieve the aims referred to in the first subparagraph, the supervisory authority of the Member State responsible which transmitted the data and the supervisory authority of the Member State to which the request has been made shall cooperate with each other.”
Amendment 140
Proposal for a regulation
Article 1 – paragraph 1 – point 31 c (new)
Regulation (EC) No 767/2008
Article 40
(31c)  Article 40 is replaced by the following:
Article 40
Article 40
Remedies
Remedies
1.  In each Member State any person shall have the right to bring an action or a complaint before the competent authorities or courts of that Member State which refused the right of access to or the right of correction or deletion of data relating to him, provided for in Article 38(1) and (2).
1.   Without prejudice to Articles 77 and 79 of Regulation (EU) 2016/679, in each Member State any person shall have the right to bring an action or a complaint before the competent authorities or courts of that Member State which refused the right of access to, or right of rectification, completion or erasure of data relating to him or her provided for in Article 38 of this Regulation. The right to bring such an action or complaint shall also apply in cases where requests for access, rectification, completion or erasure were not responded to within the deadlines provided for in Article 38 or were never dealt with by the data controller.
2.  The assistance of the National Supervisory Authorities referred to in Article 39(2) shall remain available throughout the proceedings.
2.  The assistance of the supervisory authority referred to in Article 51(1) of Regulation (EU) 2016/679 shall remain available throughout the proceedings.”;
Amendment 141
Proposal for a regulation
Article 1 – paragraph 1 – point 31 d (new)
Regulation (EC) No 767/2008
Article 41
(31d)  Article 41 is replaced by the following:
Article 41
“Article 41
Supervision by the National Supervisory Authority
Supervision by the National Supervisory Authority
1.  The authority or authorities designated in each Member State and endowed with the powers referred to in Article 28 of Directive 95/46/EC (the National Supervisory Authority) shall monitor independently the lawfulness of the processing of personal data referred to in Article 5(1) by the Member State in question, including their transmission to and from the VIS.
1.  Each Member State shall ensure that the supervisory authority referred to in Article 51(1) of Regulation (EU) 2016/679 independently monitors the lawfulness of the processing of personal data pursuant to this Regulation by the Member State concerned.
2.  The National Supervisory Authority shall ensure that an audit of the data processing operations in the national system is carried out in accordance with relevant international auditing standards at least every four years.
2.   The supervisory authority or authorities referred to in Article 51(1) of Regulation (EU) 2016/679 shall ensure that an audit of the data processing operations by the responsible national authorities is carried out in accordance with relevant international auditing standards at least every three years. The results of the audit may be taken into account in the evaluations conducted under the mechanism established by Council Regulation (EU) No 1053/2013. The supervisory authority referred to in Article 51(1) of Regulation (EU) 2016/679 shall publish annually the number of requests for rectification, completion or erasure, or restriction of processing of data, the action subsequently taken and the number of rectifications, completions, erasures and restrictions of processing made in response to requests by the persons concerned.
3.  Member States shall ensure that their National Supervisory Authority has sufficient resources to fulfil the tasks entrusted to it under this Regulation.
3.  Member States shall ensure that their supervisory authority has sufficient resources to fulfil the tasks entrusted to it under this Regulation and has access to advice from persons with sufficient knowledge of biometric data.
4.   In relation to the processing of personal data in the VIS, each Member State shall designate the authority which is to be considered as controller in accordance with Article 2(d) of Directive 95/46/EC and which shall have central responsibility for the processing of data by that Member State. Each Member State shall communicate the details of that authority to the Commission.
5.   Each Member State shall supply any information requested by the National Supervisory Authorities and shall, in particular, provide them with information on the activities carried out in accordance with Articles 28 and 29(1), grant them access to the lists referred to in Article 28(4)(c) and to its records as referred to in Article 34 and allow them access at all times to all their premises.
5.  Member States shall supply any information requested by the supervisory authority referred to in Article 51(1) of Regulation (EU) 2016/679 and shall, in particular, provide it with information on the activities carried out in accordance with its responsibilities as laid down in this Regulation. Member States shall grant the supervisory authority referred to in Article 51(1) of Regulation (EU) 2016/679 access to their logs and allow it access at all times to all their interoperability related premises.”;
Amendment 142
Proposal for a regulation
Article 1 – paragraph 1 – point 31 e (new)
Regulation (EC) No 767/2008
Article 42
(31e)  Article 42 is replaced by the following:
Article 42
“Article 42
Supervision by the European Data Protection Supervisor
Supervision by the European Data Protection Supervisor
1.  The European Data Protection Supervisor shall check that the personal data processing activities of the Management Authority are carried out in accordance with this Regulation. The duties and powers referred to in Articles 46 and 47 of Regulation (EC) No 45/2001 shall apply accordingly.
1.  The European Data Protection Supervisor shall be responsible for monitoring the personal data processing activities of eu-LISA, Europol and the European Border and Coast Guard Agency under this Regulation and for ensuring that such activities are carried out in accordance with Regulation (EU) 2018/1725 and with this Regulation.
2.  The European Data Protection Supervisor shall ensure that an audit of the Management Authority's personal data processing activities is carried out in accordance with relevant international auditing standards at least every four years. A report of such audit shall be sent to the European Parliament, the Council, the Management Authority, the Commission and the National Supervisory Authorities. The Management Authority shall be given an opportunity to make comments before the report is adopted.
2.  The European Data Protection Supervisor shall ensure that an audit of eu-LISA’s personal data processing activities is carried out in accordance with relevant international auditing standards at least every three years. A report of that audit shall be sent to the European Parliament, the Council, eu-LISA, the Commission and the Member States. eu-LISA shall be given an opportunity to make comments before the reports are adopted.
3.   The Management Authority shall supply information requested by the European Data Protection Supervisor, give him access to all documents and to its records referred to in Article 34(1) and allow him access to all its premises, at any time.
3.   eu-LISA shall supply information requested by the European Data Protection Supervisor, give the European Data Protection Supervisor access to all documents and to its logs referred to in Articles 22r, 34 and 45b and allow the European Data Protection Supervisor access to all its premises at any time.”;
Amendment 143
Proposal for a regulation
Article 1 – paragraph 1 – point 32
Regulation (EC) No 767/2008
Article 43 –paragraphs 1 and 2
(32)  in Article 43, paragraphs 1 and 2 are replaced by the following:
deleted
1.  The European Data Protection Supervisor shall act in close cooperation with national supervisory authorities with respect to specific issues requiring national involvement, in particular if the European Data Protection Supervisor or a national supervisory authority finds major discrepancies between practices of Member States or finds potentially unlawful transfers using the communication channels of the interoperability components, or in the context of questions raised by one or more national supervisory authorities on the implementation and interpretation of this Regulation.
2.  In the cases referred to in paragraph 1, coordinated supervision shall be ensured in accordance with Article 62 of Regulation (EU) XXXX/2018 [revised Regulation 45/2001].;
Amendment 144
Proposal for a regulation
Article 1 – paragraph 1 – point 32 a (new)
Regulation (EC) No 767/2008
Article 43
(32a)  Article 43 is replaced by the following:
Article 43
Article 43
Cooperation between National Supervisory Authorities and the European Data Protection Supervisor
Cooperation between National Supervisory Authorities and the European Data Protection Supervisor
1.  The National Supervisory Authorities and the European Data Protection Supervisor, each acting within the scope of their respective competences, shall cooperate actively within the framework of their responsibilities and shall ensure coordinated supervision of the VIS and the national systems.
1.   The supervisory authorities and the European Data Protection Supervisor shall, each acting within the scope of their respective competences, cooperate actively within the framework of their respective responsibilities to ensure coordinated supervision of the interoperability components and the other provisions of this Regulation.
2.  They shall, each acting within the scope of their respective competences, exchange relevant information, assist each other in carrying out audits and inspections, examine difficulties of interpretation or application of this Regulation, study problems with the exercise of independent supervision or with the exercise of the rights of data subjects, draw up harmonised proposals for joint solutions to any problems and promote awareness of data protection rights, as necessary.
2.   The European Data Protection Supervisor and the supervisory authorities shall exchange relevant information, assist each other in carrying out audits and inspections, examine any difficulties concerning the interpretation or application of this Regulation, assess problems in the exercise of independent supervision or in the exercise of the rights of the data subject, draw up harmonised proposals for joint solutions to any problems and promote awareness of data protection rights, as necessary.
3.  The National Supervisory Authorities and the European Data Protection Supervisor shall meet for that purpose at least twice a year. The costs and servicing of these meetings shall be b for the account of the European Data Protection Supervisor. Rules of procedure shall be adopted at the first meeting. Further working methods shall be developed jointly as necessary.
3.   For the purpose of paragraph 2, the supervisory authorities and the European Data Protection Supervisor shall meet at least twice a year within the framework of the European Data Protection Board. The costs of those meetings shall be borne by and their organisation shall be undertaken by the European Data Protection Board. Rules of procedure shall be adopted at the first meeting. Further working methods shall be developed jointly as necessary.
4.  A joint report of activities shall be sent to the European Parliament, the Council, the Commission and the Management Authority every two years. This report shall include a chapter of each Member State prepared by the National Supervisory Authority of that Member State.
4.   A joint report of activities shall be sent by the European Data Protection Board to the European Parliament, to the Council, to the Commission, to Europol, to the European Border and Coast Guard Agency and to eu-LISA every two years. That report shall include a chapter on each Member State prepared by the supervisory authority of that Member State.”;
Amendment 145
Proposal for a regulation
Article 1 – paragraph 1 – point 32 b (new)
Regulation (EC) No 767/2008
Article 44
(32b)  Article 44 is deleted;
Article 44
Data protection during the transitional period
Where the Commission delegates its responsibilities during the transitional period to another body or bodies, pursuant to Article 26(4) of this Regulation, it shall ensure that the European Data Protection Supervisor has the right and is able to exercise his tasks fully, including the carrying out of on-the-spot checks, and to exercise any other powers conferred on him by Article 47 of Regulation (EC) No 45/2001.
Amendment 146
Proposal for a regulation
Article 1 – paragraph 1 – point 32 c (new)
Regulation (EC) No 767/2008
Article 45 – paragraph 2 a (new)
(32c)  in Article 45 the following paragraph is inserted:
“2a. The measures necessary for the development of the VIS Central System, the national interface in each Member State, and the communication infrastructure between the VIS Central System and the national interfaces concerning the following matters shall be adopted in accordance with the procedure referred to in Article 49(2):
(a)   the design of the physical architecture of the system including its communication network;
(b)   technical aspects which have a bearing on the protection of personal data;
(c)   technical aspects which have serious financial implications for the budgets of the Member States or which have serious technical implications for the national systems of the Member States;
(d)   the development of security requirements, including biometric aspects.”
Amendment 147
Proposal for a regulation
Article 1 – paragraph 1 – point 34
Regulation (EC) No 767/2008
Article 45a – paragraph 1 – subparagraph 1 – introductory part
The duly authorised staff of the competent authorities of Member States, the Commission, eu-LISA and the European Border and Coast Guard Agency established by Regulation (EU) 2016/1624 shall have access to consult the following data, solely for the purposes of reporting and statistics without allowing for individual identification:
The duly authorised staff of the competent authorities of Member States, the Commission, eu-LISA and the European Border and Coast Guard Agency established by Regulation (EU) 2016/1624 shall have access to consult the following data, solely for the purposes of reporting and statistics without allowing for individual identification as a result of the data being completely anonymous:
Amendment 148
Proposal for a regulation
Article 1 – paragraph 1 – point 34
Regulation (EC) No 767/2008
Article 45a – paragraph 1 – subparagraph 1 – point c
(c)  sex, date of birth and current nationality of the applicant;
(c)  sex, year of birth and current nationality of the applicant;
Amendment 149
Proposal for a regulation
Article 1 – paragraph 1 – point 34
Regulation (EC) No 767/2008
Article 45a – paragraph 1 – subparagraph 1 – point h
(h)  the grounds indicated for any decision concerning the document or the application, only as regards short stay visas; as regards long stay visas and residence permits, the decision concerning the application (whether to issue or to refuse the application and on which ground);
(h)  the grounds indicated for any decision to refuse a short stay visa, including the reference to any hits against Union information systems that are consulted, against Europol or Interpol data, against the watchlist referred to in Article 29 of Regulation (EU) 2018/1240 or against the specific risk indicators;
Amendment 150
Proposal for a regulation
Article 1 – paragraph 1 – point 34
Regulation (EC) No 767/2008
Article 45a – paragraph 1 – subparagraph 1 – point h a (new)
(ha)  the grounds indicated for any decision to refuse a document, including the reference to any hits against Union information systems that are consulted, against Europol or Interpol data, against the watchlist referred to in Article 34 of Regulation (EU) 2018/1240 or against the specific risk indicators;
Amendment 151
Proposal for a regulation
Article 1 – paragraph 1 – point 34
Regulation (EC) No 767/2008
Article 45a – paragraph 1 – subparagraph 1 – point k
(k)  As regards short stay visa, main purpose(s) of the journey; as regards long stay visas and residence permit, the purpose of the application;
(k)  As regards short stay visa, main purpose(s) of the journey;
Amendment 152
Proposal for a regulation
Article 1 – paragraph 1 – point 34
Regulation (EC) No 767/2008
Article 45a – paragraph 1 – subparagraph 1 – point l
(l)  the data entered in respect of any document withdrawn, annulled, revoked or whose validity is extended, as applicable;
(l)  the data entered in respect of any visa document withdrawn, annulled, revoked or whose validity is extended, as applicable;
Amendment 153
Proposal for a regulation
Article 1 – paragraph 1 – point 34
Regulation (EC) No 767/2008
Article 45a – paragraph 6
6.  At the end of each year, statistical data shall be compiled in the form of quarterly statistics for that year. The statistics shall contain a breakdown of data for each Member State.
6.  At the end of each year, statistical data shall be compiled in an annual report for that year. The statistics shall contain a breakdown of data for each Member State. The report shall be published and transmitted to the European Parliament, to the Council, to the Commission, to the European Border and Coast Guard Agency, to the European Data Protection Supervisor and to the national supervisory authorities.
Amendment 154
Proposal for a regulation
Article 1 – paragraph 1 – point 35
Regulation (EC) No 767/2008
Article 45b – paragraph 1
1.  In order to fulfil their obligation under point (b) of Article 26(1) of the Convention implementing the Schengen Agreement, air carriers, sea carriers and international carriers transporting groups overland by coach shall send a query to the VIS in order to verify whether or not third country nationals holding a short-stay visa, a long stay visa or a residence permit are in possession of a valid short stay visa, long stay visa or residence permit, as applicable. For this purpose, as regards short stay visas, carriers shall provide the data listed under points (a), (b) and (c) of Article 9(4) of this Regulation or under points (a), (b) and (c) of Article 22c, as applicable.
1.  In order to fulfil their obligation under point (b) of Article 26(1) of the Convention implementing the Schengen Agreement, air carriers, sea carriers and international carriers transporting groups overland by coach shall send a query to the VIS in order to verify whether or not third country nationals holding a short-stay visa, a long stay visa or a residence permit are in possession of a valid short stay visa, long stay visa or residence permit, as applicable. In cases where passengers are not allowed to board due to a query in VIS, carriers shall provide passengers with that information and the means to exercise their rights to access, rectification and erasure of personal data stored in VIS.
Amendment 155
Proposal for a regulation
Article 1 – paragraph 1 – point 35
Regulation (EC) No 767/2008
Article 45b – paragraph 3
3.  Secure access to the carrier gateway referred to in Article 1(2) (h) of Decision 2004/512/EC as amended by this Regulation shall allow carriers to proceed with the query consultation referred to in paragraph 1 prior to the boarding of a passenger. For this purpose, the carrier shall send the query to be permitted to consult the VIS using the data contained in the machine readable zone of the travel document.
3.  Secure access to the carrier gateway referred to in Article 2a(h), including the possibility to use mobile technical solutions, shall allow carriers to proceed with the query consultation referred to in paragraph 1 prior to the boarding of a passenger. The carrier shall provide the data contained in the machine-readable zone of the travel document and indicate the Member State of entry. By way of derogation, in the case of airport transit, the carrier shall not be obliged to verify whether the third-country national is in possession of a valid short-stay visa, long-stay visa or residence permit, as applicable.
Amendment 156
Proposal for a regulation
Article 1 – paragraph 1 – point 35
Regulation (EC) No 767/2008
Article 45b – paragraph 4
4.  The VIS shall respond by indicating whether or not the person has a valid visa, providing the carriers with an OK/NOT OK answer.
4.  The VIS shall respond by indicating whether or not the person has a valid short stay visa, long-stay visa or residence permit, as applicable, providing the carriers with an OK/NOT OK answer. If a short-stay visa has been issued with limited territorial validity in accordance with Article 25 of Regulation (EC) No 810/2009, the response provided by VIS shall take into account the Member State(s) for which the visa is valid as well as the Member State of entry indicated by the carrier. Carriers may store the information sent and the answer received in accordance with the applicable law. The OK/NOT OK answer shall not be regarded as a decision to authorise or refuse entry in accordance with Regulation (EU) 2016/399. The Commission shall, by means of implementing acts, adopt detailed rules concerning the conditions for the operation of the carrier gateway and the data protection and security rules applicable. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 49(2).
Amendment 157
Proposal for a regulation
Article 1 – paragraph 1 – point 35
Regulation (EC) No 767/2008
Article 45b – paragraph 5
5.  An authentication scheme, reserved exclusively for carriers, shall be set up in order to allow access to the carrier gateway for the purposes of paragraph 2 to the duly authorised members of the carriers' staff. The authentication scheme shall be adopted by the Commission by means of implementing acts in accordance with the examination procedure referred to in Article 49(2).
5.  An authentication scheme, reserved exclusively for carriers, shall be set up in order to allow access to the carrier gateway for the purposes of paragraph 2 to the duly authorised members of the carriers' staff. When setting up the authentication scheme, information security risk management and the principles of data protection by design and by default shall be taken into account. The authentication scheme shall be adopted by the Commission by means of implementing acts in accordance with the examination procedure referred to in Article 49(2).
Amendment 158
Proposal for a regulation
Article 1 – paragraph 1 – point 35
Regulation (EC) No 767/2008
Article 45b – paragraph 5 a (new)
5a.  The carrier gateway shall make use of a separate read-only database updated on a daily basis via a one-way extraction of the minimum necessary subset of data stored in VIS. eu-LISA shall be responsible for the security of the carrier gateway, for the security of the personal data it contains and for the process of extracting the personal data into the separate read-only database.
Amendment 159
Proposal for a regulation
Article 1 – paragraph 1 – point 35
Regulation (EC) No 767/2008
Article 45b – paragraph 5 b (new)
5b.  The carriers referred to in paragraph 1 of this Article shall be subject to the penalties provided for in accordance with Article 26(2) of the Convention Implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders (‘the Convention implementing the Schengen Agreement’) and Article 4 of Council Directive 2001/51/EC when they transport third-country nationals who, although subject to the visa requirement, are not in possession of a valid visa.
Amendment 160
Proposal for a regulation
Article 1 – paragraph 1 – point 35
Regulation (EC) No 767/2008
Article 45b – paragraph 5 c (new)
5c.  If third-country nationals are refused entry, any carrier which brought them to the external borders by air, sea and land shall be obliged to immediately assume responsibility for them again. At the request of the border authorities, the carriers shall be obliged to return the third-country nationals to one of either the third country from which they were transported, the third country which issued the travel document on which they travelled, or any other third country to which they are certain to be admitted.
Amendment 161
Proposal for a regulation
Article 1 – paragraph 1 – point 35
Regulation (EC) No 767/2008
Article 45b – paragraph 5 d (new)
5d.  By way of derogation from paragraph 1, for carriers transporting groups overland by coach, for the first three years following the start of application of this Regulation, the verification referred to in paragraph 1 shall be optional and the provisions referred to in paragraph 5b shall not apply to them.
Amendment 162
Proposal for a regulation
Article 1 – paragraph 1 – point 35
Regulation (EC) No 767/2008
Article 45c – paragraph 1
1.  Where it is technically impossible to proceed with the consultation query referred to in Article 45b(1), because of a failure of any part of the VIS or for other reasons beyond the carriers' control, the carriers shall be exempted of the obligation to verify the possession of a valid visa or travel document by using the carrier gateway. Where such failure is detected by the Management Authority, it shall notify the carriers. It shall also notify the carriers when the failure is remedied. Where such failure is detected by the carriers, they may notify the Management Authority.
1.  Where it is technically impossible to proceed with the consultation query referred to in Article 45b(1), because of a failure of any part of the VIS, the carriers shall be exempted of the obligation to verify the possession of a valid visa or travel document by using the carrier gateway. Where such failure is detected by eu-LISA, it shall notify the carriers. It shall also notify the carriers when the failure is remedied. Where such failure is detected by the carriers, they may notify eu-LISA.
Amendment 163
Proposal for a regulation
Article 1 – paragraph 1 – point 35
Regulation (EC) No 767/2008
Article 45c – paragraph 1 a (new)
1a.  The penalties referred to in Article 45b(5b) shall not be imposed on carriers in the cases referred to in paragraph 1 of this Article.
Amendment 164
Proposal for a regulation
Article 1 – paragraph 1 – point 35
Regulation (EC) No 767/2008
Article 45c – paragraph 1 b (new)
1b.  Where for other reasons than a failure of any part of VIS it is technically impossible for a carrier to proceed with the consultation query referred to in Article 45b(1) for a prolonged period of time, that carrier shall inform eu-LISA.
Amendment 165
Proposal for a regulation
Article 1 – paragraph 1 – point 35
Regulation (EC) No 767/2008
Article 45d – paragraph 1
1.  To exercise the tasks and powers pursuant to Article 40(1) of Regulation (EU) 2016/1624 of the European Parliament and of the Council* and in addition to the access provided for in Article 40(8) of that Regulation, the members of the European Border and Coast Guard teams, as well as teams of staff involved in return-related operations, shall, within their mandate, have the right to access and search data entered in VIS.
1.  To exercise the tasks and powers pursuant to Article 40(1) of Regulation (EU) 2016/1624 of the European Parliament and of the Council* the members of the European Border and Coast Guard teams, shall, within their mandate, have the right to access and search data entered in VIS.
Amendment 166
Proposal for a regulation
Article 1 – paragraph 1 – point 35
Regulation (EC) No 767/2008
Article 45e – paragraph 1
1.  In view of the access referred to in paragraph 1 of Article 45d, a European Border and Coast Guard team may submit a request for the consultation of all data or a specific set of data stored in the VIS to the European Border and Coast Guard central access point referred to in Article 45d(2). The request shall refer to the operational plan on border checks, border surveillance and/or return of that Member State on which the request is based. Upon receipt of a request for access, the European Border and Coast Guard central access point shall verify whether the conditions for access referred to in paragraph 2 are fulfilled. If all conditions for access are fulfilled, the duly authorised staff of the central access point shall process the requests. The VIS data accessed shall be transmitted to the team in such a way as not to compromise the security of the data.
1.  In view of the access referred to in paragraph 1 of Article 45d, a European Border and Coast Guard team may submit a request for the consultation of all data or a specific set of data stored in the VIS to the European Border and Coast Guard central access point referred to in Article 45d(2). The request shall refer to the operational plan on border checks and border surveillance of that Member State on which the request is based. Upon receipt of a request for access, the European Border and Coast Guard central access point shall verify whether the conditions for access referred to in paragraph 2 are fulfilled. If all conditions for access are fulfilled, the duly authorised staff of the central access point shall process the requests. The VIS data accessed shall be transmitted to the team in such a way as not to compromise the security of the data.
Amendment 167
Proposal for a regulation
Article 1 – paragraph 1 – point 35
Regulation (EC) No 767/2008
Article 45e – paragraph 2 – point a
a)  the host Member State authorises the members of the team to consult VIS in order to fulfil the operational aims specified in the operational plan on border checks, border surveillance and return, and
a)  the host Member State authorises the members of the team to consult VIS in order to fulfil the operational aims specified in the operational plan on border checks and border surveillance, and
Amendment 168
Proposal for a regulation
Article 1 – paragraph 1 – point 35
Regulation (EC) No 767/2008
Article 45e – paragraph 3
3.  In accordance with Article 40(3) of Regulation (EU) 2016/1624, members of the teams, as well as teams of staff involved in return-related tasks may only act in response to information obtained from the VIS under instructions from and, as a general rule, in the presence of border guards or staff involved in return-related tasks of the host Member State in which they are operating. The host Member State may authorise members of the teams to act on its behalf.
3.  In accordance with Article 40(3) of Regulation (EU) 2016/1624, members of the teams may only act in response to information obtained from the VIS under instructions from and, as a general rule, in the presence of border guards of the host Member State in which they are operating. The host Member State may authorise members of the teams to act on its behalf.
Amendment 169
Proposal for a regulation
Article 1 – paragraph 1 – point 35
Regulation (EC) No 767/2008
Article 45e – paragraph 7
7.  Every log of data processing operations within the VIS by a member of the European Border and Coast Guard teams or teams of staff involved in return-related tasks shall be kept by the Management Authority in accordance with the provisions of Article 34.
7.  Every log of data processing operations within the VIS by a member of the European Border and Coast Guard teams shall be kept by the Management Authority in accordance with the provisions of Article 34.
Amendment 170
Proposal for a regulation
Article 1 – paragraph 1 – point 35
Regulation (EC) No 767/2008
Article 45e – paragraph 8
8.  Every instance of access and every search made by the European Border and Coast Guard Agency shall be logged in accordance with the provisions of Article 34 and every use made of data accessed by the European Border and Coast Guard Agency shall be registered.
8.  Every instance of access and every search made by the European Border and Coast Guard Agency shall be logged in accordance with the provisions of Article 34 and every use made of data accessed by the European Border and Coast Guard Agency teams shall be registered.
Amendment 171
Proposal for a regulation
Article 1 – paragraph 1 – point 35
Regulation (EC) No 767/2008
Article 45e – paragraph 9
9.  Except where necessary to perform the tasks for the purposes of the Regulation establishing a European Travel Information and Authorisation System (ETIAS), no parts of VIS shall be connected to any computer system for data collection and processing operated by or at the European Border and Coast Guard Agency nor shall the data contained in VIS to which the European Border and Coast Guard Agency has access be transferred to such a system. No part of VIS shall be downloaded. The logging of access and searches shall not be construed as constituting to be the downloading or copying of VIS data.
9.  No parts of VIS shall be connected to any computer system for data collection and processing operated by or at the European Border and Coast Guard Agency nor shall the data contained in VIS to which the European Border and Coast Guard Agency has access be transferred to such a system. No part of VIS shall be downloaded. The logging of access and searches shall not be construed as constituting to be the downloading or copying of VIS data.
Amendment 172
Proposal for a regulation
Article 1 – paragraph 1 – point 35 a (new)
Regulation (EC) No 767/2008
Article 46
(35a)  Article 46 is deleted;
Article 46
Integration of the technical functionalities of the Schengen Consultation Network
The consultation mechanism referred to in Article 16 shall replace the Schengen Consultation Network from the date determined in accordance with the procedure referred to in Article 49(3) when all those Member States which use the Schengen Consultation Network at the date of entry into force of this Regulation have notified the legal and technical arrangements for the use of the VIS for the purpose of consultation between central visa authorities on visa applications according to Article 17(2) of the Schengen Convention.
Amendment 173
Proposal for a regulation
Article 1 – paragraph 1 – point 35 b (new)
Regulation (EC) No 767/2008
Article 47
(35b)  Article 47 is deleted;
Article 47
Start of transmission
Each Member State shall notify the Commission that it has made the necessary technical and legal arrangements to transmit the data referred to in Article 5(1) to the central VIS via the national interface.
Amendment 174
Proposal for a regulation
Article 1 – paragraph 1 – point 35 c (new)
Regulation (EC) No 767/2008
Article 48
(35c)  Article 48 is deleted;
Article 48
Start of operations
1.  The Commission shall determine the date from which the VIS is to start operations, when:
(a)  the measures referred to in Article 45(2) have been adopted;
(b)  the Commission has declared the successful completion of a comprehensive test of the VIS, which shall be conducted by the Commission together with Member States;
(c)  following validation of technical arrangements, the Member States have notified the Commission that they have made the necessary technical and legal arrangements to collect and transmit the data referred to in Article 5(1) to the VIS for all applications in the first region determined according to paragraph 4, including arrangements for the collection and/or transmission of the data on behalf of another Member State.
2.  The Commission shall inform the European Parliament of the results of the test carried out in accordance with paragraph 1(b).
3.  In every other region, the Commission shall determine the date from which the transmission of the data in Article 5(1) becomes mandatory when Member States have notified the Commission that they have made the necessary technical and legal arrangements to collect and transmit the data referred to in Article 5(1) to the VIS for all applications in the region concerned, including arrangements for the collection and/or transmission of the data on behalf of another Member State. Before that date, each Member State may start operations in any of these regions, as soon as it has notified to the Commission that it has made the necessary technical and legal arrangements to collect and transmit at least the data referred to in Article 5(1)(a) and (b) to the VIS.
4.  The regions referred to in paragraphs 1 and 3 shall be determined in accordance with the procedure referred to in Article 49(3). The criteria for the determination of these regions shall be the risk of illegal immigration, threats to the internal security of the Member States and the feasibility of collecting biometrics from all locations in this region.
5.  The Commission shall publish the dates for the start of operations in each region in the Official Journal of the European Union.
6.  No Member State shall consult the data transmitted by other Member States to the VIS before it or another Member State representing this Member State starts entering data in accordance with paragraphs 1 and 3.
Amendment 175
Proposal for a regulation
Article 1 – paragraph 1 – point 35 d (new)
Regulation (EC) No 767/2008
Article 48 a (new)
(35d)  the following Article is inserted
“Article 48a
Exercise of delegation
1.   The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
2.   The power to adopt delegated acts referred to in Article 9cb and Article 23 shall be conferred on the Commission for a period of five years from … [date of entry into force of this Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
3.   The delegation of power referred to in Article 9cb and Article 23 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
4.   Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Inter-institutional Agreement of 13 April2016 on Better Law-Making.
5.   As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
6.   A delegated act adopted pursuant to Article 9cb and Article 23 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.”;
Amendment 176
Proposal for a regulation
Article 1 – paragraph 1 – point 38
Regulation (EC) No 767/2008
Article 50 – title
Monitoring and evaluation
Monitoring and evaluation of impact on fundamental rights
Amendment 177
Proposal for a regulation
Article 1 – paragraph 1 – point 38
Regulation (EC) No 767/2008
Article 50 – paragraph 1
1.  The Management Authority shall ensure that procedures are in place to monitor the functioning of the VIS against objectives relating to output, cost-effectiveness, security and quality of service.
1.  eu-LISA shall ensure that procedures are in place to monitor the functioning of the VIS against objectives relating to output, cost-effectiveness, security and quality of service, and to monitor the compliance with fundamental rights including the right of protection of personal data, the right to non-discrimination, the rights of the child and the right to an effective remedy.
Amendment 178
Proposal for a regulation
Article 1 – paragraph 1 – point 38
Regulation (EC) No 767/2008
Article 50 – paragraph 2
2.  For the purposes of technical maintenance, the Management Authority shall have access to the necessary information relating to the processing operations performed in the VIS.
2.  For the purposes of technical maintenance, eu-LISA shall have access to the necessary information relating to the processing operations performed in the VIS.
Amendment 179
Proposal for a regulation
Article 1 – paragraph 1 – point 38
Regulation (EC) No 767/2008
Article 50 – paragraph 3
3.  Every two years eu-LISA shall submit to the European Parliament, the Council and the Commission a report on the technical functioning of VIS, including the security thereof.
3.  Every two years eu-LISA shall submit to the European Parliament, the Council and the Commission a report on the technical functioning of VIS, including its security and costs. That report shall include an overview of the current progress of the development of the project and the associated costs, a financial impact assessment, and information on any technical issues and risks that may affect the overall cost of the system.
Amendment 180
Proposal for a regulation
Article 1 – paragraph 1 – point 38
Regulation (EC) No 767/2008
Article 50 – paragraph 3 a (new)
3a.  In the event of delays in the development process, eu-LISA shall inform the European Parliament and the Council as soon as possible about the reasons for the delays and their impact in terms of time and finances.
Amendment 181
Proposal for a regulation
Article 1 – paragraph 1 – point 38
Regulation (EC) No 767/2008
Article 50 – paragraph 4 – subparagraph 1 – point a
(a)  the exact purpose of the consultation including the type of terrorist or serious criminal offence;
(a)  the exact purpose of the consultation including the type of terrorist or serious criminal offence and accesses to data on children below 12 years of age;
Amendment 182
Proposal for a regulation
Article 1 – paragraph 1 – point 38
Regulation (EC) No 767/2008
Article 50 – paragraph 4 – subparagraph 1 – point c a (new)
(ca)  the number and type of cases in which the urgency procedures referred to in Article 22m(2) were used, including those cases where the urgency was not accepted by the ex post verification carried out by the central access point;
Amendment 183
Proposal for a regulation
Article 1 – paragraph 1 – point 38
Regulation (EC) No 767/2008
Article 50 – paragraph 4 – subparagraph 1 – point d a (new)
(da)  statistics on child trafficking, including cases of successful identifications.
Amendment 184
Proposal for a regulation
Article 1 – paragraph 1 – point 38
Regulation (EC) No 767/2008
Article 50 – paragraph 4 – subparagraph 2
Member States’ and Europol’s annual reports shall be transmitted to the Commission by 30 June of the subsequent year.
Member States’ and Europol’s annual reports shall be transmitted to the Commission by 30 June of the subsequent year. The Commission shall compile the annual reports into a comprehensive report to be published by 30 December of the same year.
Amendment 185
Proposal for a regulation
Article 1 – paragraph 1 – point 38
Regulation (EC) No 767/2008
Article 50 – paragraph 5
5.  Every four years ,the Commission shall produce an overall evaluation of the VIS. This overall evaluation shall include an examination of results achieved against objectives and an assessment of the continuing validity of the underlying rationale, the application of this Regulation in respect of the VIS, the security of the VIS, the use made of the provisions referred to in Article 31 and any implications for future operations. The Commission shall transmit the evaluation to the European Parliament and the Council.
5.  Every two years ,the Commission shall produce an overall evaluation of the VIS. This overall evaluation shall include an examination of results achieved against objectives and costs sustained and an assessment of the continuing validity of the underlying rationale, , and its impact on fundamental rights, the application of this Regulation in respect of the VIS, the security of the VIS, the use made of the provisions referred to in Article 31 and any implications for future operations. The Commission shall transmit the evaluation to the European Parliament and the Council.
Amendment 186
Proposal for a regulation
Article 1 – paragraph 1 – point 39
Regulation (EC) No 767/2008
Annex 1 – title
(39)  The title of annex 1 is replaced by the following:
deleted
List of international organisations referred to in Article 31(1).
Amendment 187
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Regulation (EC) No 767/2008
CHAPTER IIIa – Article 22a – paragraph 1 a (new)
1a.  The authority competent to issue a decision shall create an individual file before issuing it.
Amendment 188
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Regulation (EC) No 767/2008
CHAPTER IIIa – Article 22a – paragraph 3
3.  If the holder has applied as part of a group or with a family member, the authority shall create an individual file for each person in the group and link the files of the persons having applied together and who were issued a long stay visa or residence permit.
3.  If the holder has applied as part of a group or with a family member, the authority shall create an individual file for each person in the group and link the files of the persons having applied together and who were issued a long stay visa or residence permit. Applications from parents or legal guardians shall not be separated from those of their children.
Amendment 189
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Regulation (EC) No 767/2008
Article 22b – paragraph 1
1.  Solely for the purpose of assessing whether the person could pose a threat to the public policy, or internal security or public health of the Member States, pursuant to Article 6(1)(e) of Regulation (EU) 2016/399, the files shall be automatically processed by the VIS to identify hit(s). The VIS shall examine each file individually.
1.  Solely for the purpose of assessing whether the person could pose a threat to the public policy or internal security of the Member States, pursuant to Article 6(1)(e) of Regulation (EU) 2016/399, the files shall be automatically processed by the VIS to identify hit(s). The VIS shall examine each file individually.
Amendment 190
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Regulation (EC) No 767/2008
Article 22b – paragraph 2
2.  Every time an individual file is created upon issuance or refusal pursuant to Article 22d of a long-stay visa or residence permit, the VIS shall shall launch a query by using the European Search Portal defined in Article 6(1) of [the Interoperability Regulation] to compare the relevant data referred to in Article 22c(2)(a), (b), (c), (f) and (g) of this Regulation with the relevant data, in the VIS, the Schengen Information System (SIS), the Entry/Exit System (EES), the European Travel Information and Authorisation System (ETIAS) including the watchlist referred to in Article 29 of Regulation (EU) 2018/XX for the purposes of establishing a European Travel Information and Authorisation System, [the ECRIS-TCN system as far as convictions related to terrorist offences and other forms of serious criminal offences are concerned], the Europol data, the Interpol Stolen and Lost Travel Document database (SLTD), and the Interpol Travel Documents Associated with Notices database (Interpol TDAWN).
2.  Every time an individual file is created pursuant to Article 22c in connection with a long-stay visa or residence permit the VIS shall launch a query by using the European Search Portal defined in Article 6(1) of [the Interoperability Regulation] to compare the data referred to in Article 22c(2)(a), (b), (c), (f) and (g) of this Regulation. The VIS shall verify:
(a)   whether the travel document used for the application corresponds to a travel document reported as lost, stolen, misappropriated or invalidated in SIS;
(b)   whether the travel document used for the application corresponds to a travel document reported as lost, stolen or invalidated in the SLTD database;
(c)   whether the applicant is subject to a refusal of entry and stay alert entered in SIS;
(d)   whether the applicant is subject to an alert in respect of persons wanted for arrest for surrender purposes on the basis of a European Arrest Warrant or wanted for arrest for extradition purposes in SIS;
(e)   whether the applicant and the travel document correspond to a refused, revoked or annulled travel authorisation in the ETIAS Central System;
(f)   whether the applicant and the travel document are in the watch list referred to in Article 34 of Regulation (EU) 2018/1240;
(g)   whether data on the applicant is already recorded in VIS on the same person;
(h)   whether the data provided in the application concerning the travel document correspond to another application for a long-stay visa or residence permit associated with different identity data;
(i)   whether the applicant is currently reported as an overstayer or whether he or she has been reported as an overstayer in the past in the EES;
(j)   whether the applicant is recorded as having been refused entry in the EES;
(k)   whether the applicant has been subject to a decision to refuse, annul or revoke a short-stay visa recorded in VIS;
(l)   whether the applicant has been subject to a decision to refuse, annul or revoke a long-stay visa or residence permit recorded in VIS;
(m)   whether data specific to the identity of the applicant are recorded in Europol data;
(n)   in cases where the applicant is a minor, whether the applicant's parental authority or legal guardian:
(i)   is subject to an alert in respect of persons wanted for arrest for surrender purposes on the basis of a European Arrest Warrant or wanted for arrest for extradition purposes in SIS;
(ii)   is subject to a refusal of entry and stay alert in SIS;
(iii)   holds a travel document in the watch list referred to in Article 34 of Regulation (EU) 2018/1240.
This paragraph must not impede the submission of an application for asylum on any grounds. If a visa application is submitted by a victim of violent crime such as domestic violence or trafficking in human beings committed by their sponsor, the file submitted to VIS shall be separated from that of the sponsor in order to protect the victim from further danger.
To avoid the risk of false hits, any query concerning children under the age of 14 or people older than 75 years carried out with biometric identifiers taken more than five years before the match and which that does not confirm the identity the third-country national, shall be subject to a compulsory manual check by experts on biometric data.
Amendment 191
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Regulation (EC) No 767/2008
Article 22b – paragraph 3
3.  The VIS shall add a reference to any hit obtained pursuant to paragraphs (2) and (5) to the individual file. Additionally, the VIS shall identify, where relevant, the Member State(s) that entered or supplied the data having triggered the hit(s) or Europol, and shall record this in the individual file.
3.  The VIS shall add a reference to any hit obtained pursuant to paragraphs (2) and (5) to the individual file. Additionally, the VIS shall identify, where relevant, the Member State(s) that entered or supplied the data having triggered the hit(s) or Europol, and shall record this in the individual file. No information other than the reference to any hit and the originator of the data shall be recorded.
Amendment 192
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Regulation (EC) No 767/2008
Article 22b – paragraph 3 a (new)
3a.  When querying SLTD, the data used by the user of the ESP to launch a query shall not be shared with the owners of Interpol data.
Amendment 193
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Regulation (EC) No 767/2008
Article 22b – paragraph 4 – subparagraph 1 – introductory part
4.  For the purposes of Article 2(2)(f) in respect of an issued or extended long stay visathe queries carried out under 22bparagraph 2 of this Article shall compare the relevant data referred to in Article 22c(2), to the data present in the SIS in order to determine whether the holder is subject to one of the following alerts:
4.  For the purposes of Article 2(2)(f) in respect of an issued or extended long stay visa the queries carried out under paragraph 2 of this Article shall compare the relevant data referred to in Article 22c(2), to the data present in the SIS in order to determine whether the holder is subject to one of the following alerts:
Amendment 194
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Regulation (EC) No 767/2008
Article 22b – paragraph 4 – subparagraph 1 – point d
(d)  an alert on persons and objects for discreet checks or specific checks.
(d)  an alert on persons and objects for discreet checks, specific checks or inquiry checks.
Amendment 195
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Regulation (EC) No 767/2008
Article 22b – paragraph 4 – subparagraph 2
Where the comparison referred to in this paragraph reports one or several hit(s), the VIS shall send an automated notification to the central authority of the Member State that launched the request and shall take any appropriate follow-up action.
Article 9a(5a), (5b), (5c), (5d), and Articles 9c, 9ca, 9cb shall apply mutatis mutandis subject to the following specific provisions.
Amendment 196
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Regulation (EC) No 767/2008
Article 22b – paragraph 6
6.  Where the long stay visa or residence permit is issued or extended by a consular authority of a Member State, Article 9a shall apply.
deleted
Amendment 197
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Regulation (EC) No 767/2008
Article 22b – paragraph 7
7.  Where the residence permit is issued or extended or where a long stay visa is extended by an authority in the territory of a Member State, the following apply:
deleted
(a)  that authority shall verify whether the data recorded in the individual file corresponds to the data present in the VIS, or one of the consulted EU information systems/databases, the Europol data, or the Interpol databases pursuant to paragraph 2;
(b)  where the hit pursuant to paragraph 2 is related to Europol data, the Europol national unit shall be informed for follow up;
(c)  where the data do not correspond, and no other hit has been reported during the automated processing pursuant to paragraphs 2 and 3, the authority shall delete the false hit from the application file;
(d)  where the data correspond to or where doubts remain concerning the identity of the applicant, the authority shall take action on the data that triggered the hit pursuant to paragraph 4 according to the procedures, conditions and criteria provided by EU and national legislation.
Amendment 198
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Regulation (EC) No 767/2008
Article 22c – paragraph 1 – point 2 – point a
(a)  surname (family name); first name(s); date of birth; current nationality or nationalities; sex; date, place and country of birth;
(a)  surname (family name); first name(s); year of birth; current nationality or nationalities; sex; place and country of birth;
Amendment 199
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Regulation (EC) No 767/2008
Article 22c – paragraph 1 – point 2 – point f
(f)  a facial image of the holder, where possible taken live;
(f)  a facial image of the holder taken live;
Amendment 200
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Regulation (EC) No 767/2008
Article 22d – paragraph 1 – introductory part
Where a decision has been taken to refuse a long stay visa or a residence permit because the applicant is considered to pose a threat to public policy, internal security or to public health or the applicant has presented documents which were fraudulently acquired, or falsified, or tampered with, the authority which refused it shall create without delay an individual file with the following data:
Where a decision has been taken to refuse a long stay visa or a residence permit because the applicant is considered to pose a threat to public policy or internal security or the applicant has presented documents which were fraudulently acquired, or falsified, or tampered with, the authority which refused it shall create without delay an individual file with the following data:
Amendment 201
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Regulation (EC) No 767/2008
Article 22d – paragraph 1 – point e
e.  the surname, first name and address of the natural personon whom the application is based;
e.  the surname, first name and address of the natural person on whom the application is based;
Amendment 202
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Regulation (EC) No 767/2008
Article 22d – paragraph 1 – point f
f.  a facial image of the applicant, where possible taken live;
f.  a facial image of the applicant taken live;
Amendment 203
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Regulation (EC) No 767/2008
Article 22d – paragraph 1 – point h
h.  information indicating that the long-stay visa or residence permit has been refused because the applicant is considered to pose a threat to public policy, public security or to public health, or because the applicant presented documents which were fraudulently acquired, or falsified, or tampered with;
h.  information indicating that the long-stay visa or residence permit has been refused because the applicant is considered to pose a threat to public policy or public security, or because the applicant presented documents which were fraudulently acquired, or falsified, or tampered with;
Amendment 204
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Regulation (EC) No 767/2008
Article 22g – paragraph 1
1.  For the sole purpose of verifying the identity of the document holder and/or the authenticity and the validity of the long-stay visa or residence permit and whether the person is not considered to be a threat to public policy, internal security or public health of any of the Member States in accordance with Article 6(1)(e) of Regulation (EU) 2016/399, the competent authorities for carrying out checks at external border crossing points in accordance with that Regulation shall have access to search using the number of the document in combination with one or several of the data in Article 22c(2)(a), (b) and (c) of this Regulation.
1.  For the sole purpose of verifying the identity of the document holder and/or the authenticity and the validity of the long-stay visa or residence permit and whether the person is not considered to be a threat to public policy or internal security of any of the Member States in accordance with Article 6(1)(e) of Regulation (EU) 2016/399, the competent authorities for carrying out checks at external border crossing points in accordance with that Regulation shall have access to search using the number of the document in combination with one or several of the data in Article 22c(2)(a), (b) and (c) of this Regulation.
Amendment 205
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Regulation (EC) No 767/2008
Article 22g – paragraph 2 – point e
(e)  photographs as referred to in Article 22c(2)(f).
(e)  facial images as referred to in Article 22c(2)(f).
Amendment 206
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Regulation (EC) No 767/2008
Article 22h – paragraph 1
1.  For the sole purpose of verifying the identity of the holder and the authenticity and the validity of the long-stay visa or residence permit or whether the person is not a threat to public policy, internal security or public health of any of the Member States ,the authorities competent for carrying out checks within the territory of the Member States as to whether the conditions for entry to, stay or residence on the territory of the Member States are fulfilled and, as applicable, police authorities, shall have access to search using the number of the long-stay visa or residence permit in combination with one or several of the data in Article 22c(2)(a), (b) and (c).
1.  For the sole purpose of verifying the identity of the holder and the authenticity and the validity of the long-stay visa or residence permit the authorities competent for carrying out checks within the territory of the Member States as to whether the conditions for entry to, stay or residence on the territory of the Member States are fulfilled and shall have access to search using the number of the long-stay visa or residence permit in combination with one or several of the data in Article 22c(2)(a), (b) and (c).
Amendment 207
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Regulation (EC) No 767/2008
Article 22h – paragraph 2 – point e
(e)  photographs as referred to in Article 22c(2)(f).
(e)  facial images as referred to in Article 22c(2)(f).
Amendment 208
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Regulation (EC) No 767/2008
Article 22k – paragraph 1
1.  Member States shall designate the authorities which are entitled to consult the data stored in the VIS in order to prevent, detect and investigate terrorist offences or other serious criminal offences.
1.  Member States shall designate the authorities which are entitled to consult the data stored in the VIS in order to prevent, detect and investigate terrorist offences or other serious criminal offences in appropriate and strictly defined circumstances as referred to in Article 22n. Those authorities shall only be allowed to consult data of children below 12 years of age to protect missing children and children who are victims of serious crimes.
Amendment 209
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Regulation (EC) No 767/2008
Article 22k – paragraph 2
2.  Each Member State shall keep a list of the designated authorities. Each Member State shall notify eu-LISA and the Commission of its designated authorities and may at any time amend or replace its notification.
2.  Each Member State shall keep a strictly limited list of the designated authorities. Each Member State shall notify eu-LISA and the Commission of its designated authorities and may at any time amend or replace its notification.
Amendment 210
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Regulation (EC) No 767/2008
Article 22l – paragraph 2 – subparagraph 2
The central access point shall act independently when performing its tasks under this Regulation and shall not receive instructions from the Europol designated authority referred to in paragraph 1 as regards the outcome of the verification.
The central access point shall act fully independently when performing its tasks under this Regulation and shall not receive instructions from the Europol designated authority referred to in paragraph 1 as regards the outcome of the verification.
Amendment 211
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Regulation (EC) No 767/2008
Article 22m – paragraph 3
3.  Where an ex post verification determines that the access to VIS data was not justified, all the authorities that accessed such data shall erase the information accessed from the VIS and shall inform the central access points of the erasure.
3.  Where an ex post verification determines that the access to VIS data was not justified, all the authorities that accessed such data shall immediately erase the information accessed from the VIS and shall inform the central access points of the erasure.
Amendment 212
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Regulation (EC) No 767/2008
Article 22n – paragraph 1 – introductory part
1.  Designated authorities may access the VIS for consultation if all of the following conditions are met:
1.  Without prejudice to Article 22 of Regulation 2018/XX [on interoperability] designated authorities may access the VIS for consultation if all of the following conditions are met:
Amendment 213
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Regulation (EC) No 767/2008
Article 22n – paragraph 1 – point c a (new)
(ca)  in case of searches with fingerprints, a prior search has been launched in the automated fingerprint identification system of the other Member States under Decision 2008/615/JHA where comparisons of fingerprints are technically available, and either that search has been fully carried out, or that search has not been fully carried out within 24 hours of being launched.
Amendment 214
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Regulation (EC) No 767/2008
Article 22n – paragraph 1 – point d
(d)  where a query to the CIR was launched in accordance with Article 22 of Regulation 2018/XX [on interoperability], the reply received as referred to in paragraph 5 of [Article 22 of Regulation reveals that data is stored in the VIS."
(d)  where a query to the CIR was launched in accordance with Article 22 of Regulation 2018/XX [on interoperability], the reply received as referred to in paragraph 5 of [Article 22 of Regulation 2018/XX [on interoperability]] reveals that data is stored in the VIS."
Amendment 215
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Regulation (EC) No 767/2008
Article 22n – paragraph 3 – introductory part
3.  Consultation of the VIS shall be limited to searching with any of the following data in the individual file:
3.  Consultation of the VIS shall be limited to searching with any of the following data in the application file or individual file:
Amendment 216
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Regulation (EC) No 767/2008
Article 22n – paragraph 3 – point a
(a)  surname(s) (family name), first name(s) (given names), date of birth, nationality or nationalities and/or sex;
(a)  surname(s) (family name), first name(s) (given names), year of birth, nationality or nationalities and/or sex;
Amendment 217
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Regulation (EC) No 767/2008
Article 22n – paragraph 3 a (new)
3a.  The Commission shall present a report to the European Parliament and to the Council on the feasibility, availability, readiness and reliability of the required technology to use facial images to identify a person.
Amendment 218
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Regulation (EC) No 767/2008
Article 22n – paragraph 3 b (new)
3b.  The facial image referred to in point (e) of paragraph 3 shall not be the only search criterion.
Amendment 219
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Regulation (EC) No 767/2008
Article 22n – paragraph 4
4.  Consultation of the VIS shall, in the event of a hit, give access to the data listed in this paragraph as well as to any other data taken from the individual file, including data entered in respect of any document issued, refused, annulled, revoked or extended. Access to the data referred to in point (4)(l) of Article 9as recorded in the application file shall only be given if consultation of that data was explicitely requested in a reasoned request and approved by independent verification.
4.  Consultation of the VIS shall, in the event of a hit, give access to the data listed in paragraph 3 of this Article as well as to any other data taken from the application file or individual file, including data entered in respect of any document issued, refused, annulled, revoked or extended. Access to the data referred to in point (4)(l) of Article 9 as recorded in the application file shall only be given if consultation of that data was explicitly requested in a reasoned request and approved by independent verification.
Amendment 220
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Regulation (EC) No 767/2008
Article 22o – paragraph 1
By derogation from Article 22n(1), designated authorities shall not be obliged to fulfil the conditions laid down in that paragraph to access the VIS for the purpose of identification of persons who had gone missing, abducted or identified as victims of trafficking in human beings and in respect of whom there are reasonable grounds to consider that consultation of VIS data will support their identification, and/or contribute in investigating specific cases of human trafficking. In such circumstances, the designated authorities may search in the VIS with the fingerprints of those persons.
By derogation from Article 22n(1), designated authorities shall not be obliged to fulfil the conditions laid down in that paragraph to access the VIS for the purpose of identification of persons, particularly children, who had gone missing, abducted or identified as victims of trafficking in human beings and in respect of whom there are serious grounds to consider that consultation of VIS data will support their identification and contribute in investigating specific cases of human trafficking. In such circumstances, the designated authorities may search in the VIS with the fingerprints of those persons.
Amendment 221
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Regulation (EC) No 767/2008
Article 22o – paragraph 2
Where the fingerprints of those persons cannot be used or the search with the fingerprints fails, the search shall be carried out with the data referred to in points (a) and (b) of Article 9.
Where the fingerprints of those persons cannot be used or the search with the fingerprints fails, the search shall be carried out with the data referred to in points (a) and (b) of Article 9(4) or points (a) and (b) of Article 22c(2).
Amendment 222
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Regulation (EC) No 767/2008
Article 22o – paragraph 3
Consultation of the VIS shall, in the event of a hit, give access to any of the data in Article 9, as well as to the data in Article 8(3) and (4).
Consultation of the VIS shall, in the event of a hit, give access to any of the data in Article 9, Article 22c or Article 22d, as well as to the data in Article 8(3) and (4) or Article 22a(3).
Amendment 223
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Regulation (EC) No 767/2008
Article 22p – paragraph 3
3.  Europol's designated authority may submit a reasoned electronic request for the consultation of all data or a specific set of data stored in the VIS to the Europol central access point referred to in Article 22k(3). Upon receipt of a request for access the Europol central access point shall verify whether the conditions for access referred to in paragraphs 1 and 2 are fulfilled. If all conditions for access are fulfilled, the duly authorised staff of the central access point(s) shall process the requests. The VIS data accessed shall be transmitted to the operating units referred to in Article 22l(1) in such a way as not to compromise the security of the data.
3.  Europol's designated authority may submit a reasoned electronic request for the consultation of all data or a specific set of data stored in the VIS to the Europol central access point referred to in Article 22l(2). Upon receipt of a request for access the Europol central access point shall verify whether the conditions for access referred to in paragraphs 1 and 2 are fulfilled. If all conditions for access are fulfilled, the duly authorised staff of the central access point(s) shall process the requests. The VIS data accessed shall be transmitted to the operating units referred to in Article 22l(1) in such a way as not to compromise the security of the data.
Amendment 224
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Regulation (EC) No 767/2008
Article 22q – paragraph 1
1.  Each Member State and Europol shall ensure that all data processing operations resulting from requests to access to VIS data in accordance with Chapter IIIc are logged or documented for the purposes of checking the admissibility of the request, monitoring the lawfulness of the data processing and data integrity and security, and self-monitoring.
1.  Each Member State and Europol shall ensure that all data processing operations resulting from requests to access to VIS data in accordance with Chapter IIIb are recorded or documented for the purposes of monitoring the admissibility of the request, monitoring the lawfulness of the data processing and data integrity and security, and possible impact on fundamental rights, and self-monitoring.
The records or documents shall be protected by appropriate measures against unauthorised access and erased two years after their creation, unless they are required for monitoring procedures that have already begun.
Amendment 225
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Regulation (EC) No 767/2008
Article 22q – paragraph 2 – point g
(g)  in accordance with national rules or with Regulation (EU) 2016/794, the unique user identity of the official who carried out the search and of the official who ordered the search.
(g)  in accordance with national rules or with Regulation (EU) 2016/794 or, where applicable, Regulation (EU) 2018/1725, the unique user identity of the official who carried out the search and of the official who ordered the search.
Amendment 226
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Regulation (EC) No 767/2008
Article 22q – paragraph 3
3.  Logs and documentation shall be used only for monitoring the lawfulness of data processing and for ensuring data integrity and security. Only logs which do not contain personal data may be used for the monitoring and evaluation referred to in Article 50 of this Regulation. The supervisory authority established in accordance with Article 41(1) of Directive (EU) 2016/680, which is responsible for checking the admissibility of the request and monitoring the lawfulness of the data processing and data integrity and security, shall have access to these logs at its request for the purpose of fulfilling its duties.
3.  Logs and documentation shall be used only for monitoring the lawfulness of data processing, for monitoring the impact on fundamental rights, and for ensuring data integrity and security. Only logs which do not contain personal data may be used for the monitoring and evaluation referred to in Article 50 of this Regulation. The supervisory authority established in accordance with Article 41(1) of Directive (EU) 2016/680, which is responsible for monitoring the lawfulness of the data processing and data integrity and security, shall have access to these logs at its request for the purpose of fulfilling its duties.
Amendment 227
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Regulation (EC) No 767/2008
Article 22r a (new)
Article 22ra
Protection of personal data accessed in accordance with Chapter IIIb
1.   Each Member State shall ensure that the national laws, regulations and administrative provisions adopted pursuant to Directive (EU) 2016/680 are also applicable to the access to VIS by its national authorities under this chapter, including in relation to the rights of the persons whose data are so accessed.
2.   The supervisory authority referred to in Article 41(1) of Directive (EU) 2016/680 shall monitor the lawfulness of the access to personal data by the Member States in accordance with this Chapter, including their transmission to and from VIS. Article 41(3) and (4) of this Regulation shall apply accordingly.
3.   The processing of personal data by Europol pursuant to this Regulation shall be carried out in accordance with Regulation (EU) 2016/794 and shall be supervised by the European Data Protection Supervisor.
4.   Personal data accessed in VIS in accordance with this Chapter shall only be processed for the purposes of the prevention, detection or investigation of the specific case for which the data have been requested by a Member State or by Europol.
5.   eu-LISA, the designated authorities, the central access points and Europol shall keep logs as referred to in Article 22q of the searches for the purpose of enabling the supervisory authority referred to in Article 41(1) of Directive (EU) 2016/680 and the European Data Protection Supervisor to monitor the compliance of data processing with Union and national data protection rules. With the exception of data held for that purpose, personal data and the records of searches shall be erased from all national and Europol files after 30 days, unless those data and records are required for the purposes of the specific ongoing criminal investigation for which they were requested by a Member State or by Europol.
Amendment 228
Proposal for a regulation
Article 2 – title
Amendments to Decision 2004/512/EC
Repeal of Decision 2004/512/EC
Amendment 229
Proposal for a regulation
Article 2 – paragraph 1
Decision 2004/512/EC
Article 1 – paragraph 2
Article 1(2) of Decision 2004/512/EC is replaced by the following:
Decision 2004/512/EC is repealed. References to that Decision shall be construed as references to Regulation (EC) No 767/2008 and shall be read in accordance with the correlation table in Annex 2.
2.  The Visa Information System shall be based on a centralised architecture and consist of:
(a)  the common identity repository as referred to in [Article 17(2)(a) of Regulation 2018/XX on interoperability],
(b)  a central information system, hereinafter referred to as ‘the Central Visa Information System’ (VIS),
(c)  an interface in each Member State, hereinafter referred to as ‘the National Interface’ (NI-VIS) which shall provide the connection to the relevant central national authority of the respective Member State, or a National Uniform Interface (NUI) in each Member State based on common technical specifications and identical for all Member States enabling the Central System to connect to the national infrastructures in Member States,
(d)  a communication infrastructure between the VIS and the National Interfaces;
(e)  a Secure Communication Channel between the VIS and the EES Central System;
(f)  a secure communication infrastructure between the VIS Central System and the central infrastructures of the European search portal established by [Article 6 of Regulation 2017/XX on interoperability], shared biometric matching service established by [Article 12 of Regulation 2017/XX on interoperability], the common identity repository established by [Article 17 of Regulation 2017/XX on interoperability] and the multiple-identity detector (MID) established by [Article 25 of Regulation 2017/XX on interoperability];
(g)  a mechanism of consultation on applications and exchange of information between central visa authorities ('VISMail');
(h)  a carrier gateway;
(i)  a secure web service enabling communication between the VIS, on the one hand and the the carrier gateway, and the international systems (Interpol systems/databases), on the other hand;
(j)  a repository of data for the purposes of reporting and statistics.
The Central System, the National Uniform Interfaces, the web service, the carrier gateway and the Communication Infrastructure of the VIS shall share and re-use as much as technically possible the hardware and software components of respectively the EES Central System, the EES National Uniform Interfaces, the ETIAS carrier gateway, the EES web service and the EES Communication Infrastructure)..
Amendment 230
Proposal for a regulation
Article 3 – paragraph 1 – point 1
Regulation (EC) No 810/2009
Article 10 – paragraph 3 – point c
(c)  present a photograph in accordance with the standards set out in Regulation (EC) No 1683/95 or, upon a first application and subsequently at least every 59 months following that, in accordance with the standards set out in Article 13 of this Regulation.;
(c)  allow the live-taking of a facial image upon a first application and subsequently at least every 59 months following that, in accordance with the standards set out in Article 13 of this Regulation.
Amendment 231
Proposal for a regulation
Article 3 – paragraph 1 – point 2 – point a
Regulation (EC) No 810/2009
Article 13 – paragraph 2 – indent 1
—  a photograph taken live and collected digitally at the time of the application;;
—  a facial image taken live at the time of the application.
Amendment 232
Proposal for a regulation
Article 3 – paragraph 1 – point 2 – point b
Regulation (EC) No 810/2009
Article 13 – paragraph 3 – subparagraph 1
Where fingerprints and a live photograph of sufficient quality were collected from the applicant and entered in the VIS as part of an application lodged less than 59 months before the date of the new application, these [data] may be copied to the subsequent application.;
Where fingerprints and a live photograph of sufficient quality were collected from the applicant and entered in the VIS as part of an application lodged less than 59 months before the date of the new application, these shall be copied to the subsequent application.
Amendment 253
Proposal for a regulation
Article 3 – paragraph 1 – point 2 – point c
Regulation (EC) No 810/2009
Article 13 – paragraph 7 – point a
(a)  children under the age of 6;
(a)  children under the age of 6 and persons over the age of 70;
Amendment 233
Proposal for a regulation
Article 3 – paragraph 1 – point 3 – point b
Regulation (EC) No 810/2009
Article 21 – paragraph 3a – point a
(a)  SIS and the SLTD to check whether the travel document used for the application corresponds to a travel document reported lost, stolen or invalidated in the and whether the travel document used for the application corresponds to a travel document recorded in a file in the Interpol TDAWN;
(a)  SIS and the SLTD to check whether the travel document used for the application corresponds to a travel document reported lost, stolen or invalidated;
Amendment 234
Proposal for a regulation
Article 3 – paragraph 1 – point 3 – point b
Regulation (EC) No 810/2009
Article 21 – paragraph 3a – point g
(g)  the ECRIS-TCN system to check whether the applicant corresponds to a person whose data is recorded in this database for terrorist offences or other serious criminal offences;
deleted
Amendment 235
Proposal for a regulation
Article 3 – paragraph 1 – point 4
Regulation (EC) No 810/2009
Article 21a – paragraph -1
-1.  The specific risk indicators shall be an algorithm enabling profiling as defined in point (4) of Article 4 of Regulation (EU) 2016/679 through the comparison of the data recorded in an application file with specific risk indicators pointing to security, illegal immigration or high epidemic risks. The specific risk indicators shall be registered in VIS.
Amendment 236
Proposal for a regulation
Article 3 – paragraph 1 – point 4
Regulation (EC) No 810/2009
Article 21a– paragraph 1 – introductory part
1.  Assessment of security or illegal immigration or a high epidemic risks shall be based on:
1.  The Commission shall adopt a delegated act in accordance with Article 51a to further define the risks related to security or illegal immigration or high epidemic risks on the basis of:
Amendment 237
Proposal for a regulation
Article 3 – paragraph 1 – point 4
Regulation (EC) No 810/2009
Article 21a – paragraph 1 – point b
(b)  statistics generated by the VIS in accordance with Article 45a indicating abnormal rates of refusals of visa applications due to an irregular migration, security or public health risk associated with a specific group of travellers;
(b)  statistics generated by the VIS in accordance with Article 45a indicating abnormal rates of refusals of visa applications due to an irregular migration or security risk associated with an applicant;
Amendment 238
Proposal for a regulation
Article 3 – paragraph 1 – point 4
Regulation (EC) No 810/2009
Article 21a – paragraph 2
2.  The Commission shall adopt an implementing act specifying the risks referred to in paragraph 1. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 52(2).
deleted
Amendment 239
Proposal for a regulation
Article 3 – paragraph 1 – point 4
Regulation (EC) No 810/2009
Article 21a – paragraph 3 – introductory part
3.  Based on the specific risks determined in accordance with paragraph 2 specific risk indicators shall be established, consisting of a combination of data including one or several of the following:
3.  Based on the specific risks determined in accordance with this Regulation and the delegated act referred to in paragraph 1 specific risk indicators shall be established, consisting of a combination of data including one or several of the following:
Amendment 240
Proposal for a regulation
Article 3 – paragraph 1 – point 4
Regulation (EC) No 810/2009
Article 21a – paragraph 6
6.  The specific risk indicators shall be used by the visa authorities when assessing whether the applicant presents a risk of illegal immigration, a risk to the security of the Member States, or a high epidemic risk in accordance to Article 21(1).
6.  The specific risk indicators shall be used by the visa authorities when assessing whether the applicant presents a risk of illegal immigration or a risk to the security of the Member States, in accordance to Article 21(1).
Amendment 241
Proposal for a regulation
Article 3 – paragraph 1 – point 4
Regulation (EC) No 810/2009
Article 21a – paragraph 7
7.  The specific risks and the specific risk indicators shall be regularly reviewed by the Commission.;
7.  The specific risks and the specific risk indicators shall be regularly reviewed by the Commission and the European Union Agency for Fundamental Rights.
Amendment 242
Proposal for a regulation
Article 3 – paragraph 1 – point 4 a (new)
Regulation (EC) No 810/2009
Article 39
(4a)  Article 39 is replaced by the following:
Article 39
Article 39
Conduct of staff
Conduct of staff and respect for fundamental rights
1.  Member States’ consulates shall ensure that applicants are received courteously.
1.  Member States’ consulates shall ensure that applicants are received courteously. Consular staff shall fully respect human dignity when carrying out their duties.
2.  Consular staff shall, in the performance of their duties, fully respect human dignity. Any measures taken shall be proportionate to the objectives pursued by such measures.
2.  Consular staff shall fully respect fundamental rights and observe the principles recognised by the Charter of Fundamental Rights of the European Union when carrying out their duties. Any measures taken shall be proportionate to the objectives pursued by such measures.
3.  While performing their tasks, consular staff shall not discriminate against persons on grounds of sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.
3.  While performing their tasks, consular staff shall not discriminate against persons on any grounds such as sex, racial or ethnic origin, colour, social origin, genetic features, language, political or any opinion, membership of a national minority, property, birth, religion or belief, disability, age or sexual orientation. The best interests of the child shall be a primary consideration.”;
Amendment 243
Proposal for a regulation
Article 3 – paragraph 1 – point 4 b (new)
Regulation (EC) No 810/2009
Article 39 a (new)
(4b)  the following Article is inserted:
“Article 39a
Fundamental Rights
When applying this Regulation, Member States shall act in full compliance with relevant Union law, including the Charter of Fundamental Rights of the European Union, relevant international law, including the Convention Relating to the Status of Refugees done at Geneva on 28 July 1951, obligations related to access to international protection, in particular the principle of non-refoulement, and fundamental rights. In accordance with the general principles of Union law, decisions under this Regulation shall be taken on an individual basis. The best interests of the child shall be a primary consideration.”;
Amendment 244
Proposal for a regulation
Article 3 – paragraph 1 – point 5 a (new)
Regulation (EC) No 810/2009
Article 51 a (new)
(5a)  the following Article is inserted:
“Article 51a
Exercise of the delegation
1.   The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
2.   The power to adopt delegated acts referred to in Article 21a shall be conferred on the Commission for a period of five years from … [date of entry into force of this Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
3.   The delegation of power referred to in Article 21a may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
4.   Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Inter-institutional Agreement of 13 April 2016 on Better Law-Making.
5.   As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
6.   A delegated act adopted pursuant to Article 21a shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.”;
Amendment 245
Proposal for a regulation
Article 4 – paragraph 1 – point 2
Regulation (EU) 2017/2226
Article 13 – paragraph 3
3.  In order to fulfil their obligation under point (b) of Article 26(1) of the Convention implementing the Schengen Agreement, carriers shall use the web service to verify whether a short-stay visa is valid, including if the number of authorised entries have already been used or if the holder has reached the maximum duration of the authorised stay or, as the case may be, if the visa is valid for the territory of the port of destination of that travel. Carriers shall provide the data listed under points (a), (b) and (c) of Article 16(1) of this Regulation. On that basis, the web service shall provide carriers with an OK/NOT OK answer. Carriers may store the information sent and the answer received in accordance with the applicable law. Carriers shall establish an authentication scheme to ensure that only authorised staff may access the web service. It shall not be possible to regard the OK/NOT OK answer as a decision to authorise or refuse entry in accordance with Regulation (EU) 2016/399.;
3.  In order to fulfil their obligation under point (b) of Article 26(1) of the Convention implementing the Schengen Agreement, carriers shall use the web service to verify whether a short-stay visa is valid, including if the number of authorised entries have already been used or if the holder has reached the maximum duration of the authorised stay or, as the case may be, if the visa is valid for the territory of the port of destination of that travel. Carriers shall provide the data listed under points (a), (b) and (c) of Article 16(1) of this Regulation. On that basis, the web service shall provide carriers with an OK/NOT OK answer. Carriers may store the information sent and the answer received in accordance with the applicable law. Carriers shall establish an authentication scheme to ensure that only authorised staff may access the web service. It shall not be possible to regard the OK/NOT OK answer as a decision to authorise or refuse entry in accordance with Regulation (EU) 2016/399. In cases where passengers are not allowed to board due to a query in VIS, carriers shall provide passengers with that information and the means to exercise their rights to access, rectification and erasure of personal data stored in VIS.";
Amendment 246
Proposal for a regulation
Article 4 – paragraph 1 – point 2 a (new)
Regulation (EU) 2017/2226
Article 14 – paragraph 3
(2a)  In Article 14, paragraph 3 is replaced by the following:
3.  Where it is necessary to enter or update the entry/exit record data of a visa holder, the border authorities may retrieve from the VIS and import into the EES the data provided for in points (c) to (f) of Article 16(2) of this Regulation in accordance with Article 8 of this Regulation and Article 18a of Regulation (EC) No 767/2008.
"3. Where it is necessary to enter or update the entry/exit record data of a visa holder, the border authorities may retrieve from the VIS and import into the EES the data provided for in point (d) of Article 16(1) and points (c) to (f) of Article 16(2) of this Regulation in accordance with Article 8 of this Regulation and Article 18a of Regulation (EC) No 767/2008.";
Amendment 247
Proposal for a regulation
Article 4 – paragraph 1 – point 2 b (new)
Regulation (EU) 2017/2226
Article 15 – paragraph 1
(2b)  In Article 15, paragraph 1 is replaced by the following:
1.  Where it is necessary to create an individual file or to update the facial image referred to in point (d) of Article 16(1) and point (b) of Article 17(1), the facial image shall be taken live.
"1. Where it is necessary to create an individual file or to update the facial image referred to in and point (b) of Article 17(1), the facial image shall be taken live.”;
Amendment 248
Proposal for a regulation
Article 4 – paragraph 1 – point 2 c (new)
Regulation (EU) 2017/2226
Article 15 – paragraph 1 a (new)
(2c)  In Article 15, the following paragraph is inserted:
“1a. The facial image referred to in point (d) of Article 16(1) shall be retrieved from VIS and imported into the EES.”;
Amendment 249
Proposal for a regulation
Article 4 – paragraph 1 – point 2 d (new)
Regulation (EU) 2017/2226
Article 15 – paragraph 5
(2d)  In Article 15, paragraph 5 is deleted;
5.   Within a period of two years following the start of operations of the EES, the Commission shall produce a report on the quality standards of facial images stored in the VIS and on whether they are such that they enable biometric matching with a view to using facial images stored in the VIS at borders and within the territory of the Member States for the verification of the identity of third-country nationals subject to a visa requirement, without storing such facial images in the EES. The Commission shall transmit that report to the European Parliament and to the Council. That report shall be accompanied, where considered appropriate by the Commission, by legislative proposals, including proposals to amend this Regulation, Regulation (EC) No 767/2008, or both, as regards the use of the facial images of third-country nationals stored in the VIS for the purposes referred to in this paragraph.
Amendment 250
Proposal for a regulation
Article 7 – paragraph 1 – point 2
Regulation 2018/XX on interoperability
Article 18 – paragraph 1 – point b
(b)  the data referred to in Article 9(4)(a), (b) and (c), Article 9 (5) and (6), Article 22c(2)(a) to (cc), (f) and (g), Article 22d(a), (b), (c), (f) and (g) of Regulation (EC) No 767/2008;
(b)  the data referred to in Article 9(4)(a) to (cc), Article 9 (5) and (6), Article 22c(2)(a) to (cc), (f) and (g), Article 22d(a), (b), (c), (f) and (g) of Regulation (EC) No 767/2008;
Amendment 251
Proposal for a regulation
Article 9 – paragraph 1
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
It shall apply from ... [two years after the date of entry into force] with the exception of the provisions on implementing and delegated acts provided for in points (6), (7), (26), (27), (33) and (35) of Article 1, point (4) of Article 3 and point (1) of Article 4, which shall apply from the date of entry into force of this Regulation.
By ... [one year after the entry into force of this Regulation] the Commission shall submit a report to the European Parliament and to the Council on the state of play of the preparation of the full implementation of this Regulation. That report shall also contain detailed information on the costs incurred and information as to any risks which may impact the overall costs.

Establishing the Asylum and Migration Fund ***I
PDF 454kWORD 129k
European Parliament legislative resolution of 13 March 2019 on the proposal for a regulation of the European Parliament and of the Council establishing the Asylum and Migration Fund (COM(2018)0471 – C8-0271/2018 – 2018/0248(COD))
P8_TA(2019)0175A8-0106/2019

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Establishing, as part of the Integrated Border Management Fund, the instrument for financial support for border management and visa ***I
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European Parliament legislative resolution of 13 March 2019 on the proposal for a regulation of the European Parliament and of the Council establishing, as part of the Integrated Border Management Fund, the instrument for financial support for border management and visa (COM(2018)0473 – C8-0272/2018 – 2018/0249(COD))
P8_TA(2019)0176A8-0089/2019

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Establishing the Internal Security Fund ***I
PDF 315kWORD 105k
European Parliament legislative resolution of 13 March 2019 on the proposal for a regulation of the European Parliament and of the Council establishing the Internal Security Fund (COM(2018)0472 – C8-0267/2018 – 2018/0250(COD))
P8_TA(2019)0177A8-0115/2019

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Definition, presentation and labelling of spirit drinks and protection of geographical indications thereof ***I
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Resolution
Consolidated text
European Parliament legislative resolution of 13 March 2019 on the proposal for a regulation of the European Parliament and of the Council on the definition, presentation and labelling of spirit drinks, the use of the names of spirit drinks in the presentation and labelling of other foodstuffs and the protection of geographical indications for spirit drinks (COM(2016)0750 – C8‑0496/2017 – 2016/0392(COD))
P8_TA-PROV(2019)0178A8-0021/2018

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2016)0750),

–  having regard to Article 294(2) and Articles 43(2) and 114(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8‑0496/2017),

–  having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–  having regard to the reasoned opinion submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Italian Senate, asserting that the draft legislative act does not comply with the principle of subsidiarity,

–  having regard to the opinion of the European Economic and Social Committee of 29 March 2017(1),

–  having regard to the provisional agreement approved by the committee responsible under Rule 69f(4) of its Rules of Procedure and the undertaking given by the Council representative by letters of 10 December 2018 and 27 February 2019 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

–  having regard to Rule 59 of its Rules of Procedure,

–  having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinions of the Committee on International Trade and the Committee on Agriculture and Rural Development (A8-0021/2018),

1.  Adopts its position at first reading hereinafter set out(2);

2.  Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Position of the European Parliament adopted at first reading on 13 March 2019 with a view to the adoption of Regulation (EU) 2019/… of the European Parliament and of the Council on the definition, description, presentation and labelling of spirit drinks, the use of the names of spirit drinks in the presentation and labelling of other foodstuffs, the protection of geographical indications for spirit drinks, the use of ethyl alcohol and distillates of agricultural origin in alcoholic beverages, and repealing Regulation (EC) No 110/2008

P8_TC1-COD(2016)0392


THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 43(2) and 114(1) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee(3),

Acting in accordance with the ordinary legislative procedure(4),

Whereas:

(1)  Regulation (EC) No 110/2008 of the European Parliament and of the Council(5) has proved successful in regulating the spirit drinks sector. However, in the light of recent experience and technological innovation, market developments and evolving consumer expectations, it is necessary to update the rules on the definition, description, presentation and labelling of spirit drinks and to review the ways in which geographical indications for spirit drinks are registered and protected.

(2)  The rules applicable to spirit drinks should contribute to attaining a high level of consumer protection, removing information asymmetry, preventing deceptive practices and attaining market transparency and fair competition. They should safeguard the reputation which the Union’s spirit drinks have achieved in the Union and on the world market by continuing to take into account the traditional practices used in the production of spirit drinks as well as increased demand for consumer protection and information. Technological innovation should also be taken into account in respect of spirit drinks, where it serves to improve quality, without affecting the traditional character of the spirit drinks concerned.

(3)  Spirit drinks represent a major outlet for the Union agricultural sector, and the production of spirit drinks is strongly linked to that sector. ▌ That link determines the quality, safety and reputation of the spirit drinks produced in the Union. That strong link to the agri-food sector should therefore be emphasised by the regulatory framework.

(4)  The rules applicable to spirit drinks constitute a special case compared with the general rules laid down for the agri-food sector and should also take into account the traditional production methods in use in the different Member States.

(5)  ▌This Regulation should set out clear criteria for the definition, description, presentation and labelling of spirit drinks as well as for the protection of geographical indications, and should be without prejudice to the diversity of the official languages and alphabets in the Union. It should also set out rules on the use of ethyl alcohol and distillates of agricultural origin in the production of alcoholic beverages and on the use of the legal names of spirit drinks in the presentation and labelling of foodstuffs.

(6)  In order to meet consumer expectations and to conform to traditional practices, ethyl alcohol and distillates used for the production of spirit drinks should be exclusively of agricultural origin.

(7)  In the interests of consumers, this Regulation should apply to all spirit drinks placed on the Union market, whether produced in the Member States or in third countries. In order to maintain and improve the reputation on the world market of spirit drinks produced in the Union, this Regulation should also apply to spirit drinks produced in the Union for export.

(8)  ▌The definitions of and technical requirements for spirit drinks and the categorisation of spirit drinks should continue to take into account ▌traditional ▌practices. Specific rules for certain spirit drinks that are not included in the list of categories should also be laid down.

(9)  Regulations (EC) No 1333/2008(6) and (EC) No 1334/2008(7) of the European Parliament and of the Council also apply to spirit drinks. However, it is necessary to lay down additional rules concerning colours and flavourings, which should only apply to spirit drinks. It is also necessary to lay down additional rules concerning the dilution and dissolution of flavourings, colours and other authorised ingredients, which should only apply to the production of alcoholic beverages.

(10)  Rules should be laid down regarding the legal names to be used for spirit drinks that are placed on the Union market, in order to ensure that such legal names are used in a harmonised manner throughout the Union and to safeguard the transparency of information to consumers.

(11)  Given the importance and complexity of the spirit drinks sector, it is appropriate to lay down specific rules on the description, presentation and labelling of spirit drinks, in particular as regards the use of legal names, geographical indications, compound terms and allusions in the description, presentation and labelling.

(12)  Regulation (EU) No 1169/2011 of the European Parliament and of the Council(8) should apply to the description, presentation and labelling of spirit drinks, save as otherwise provided for in this Regulation. In that regard, given the importance and the complexity of the spirit drinks sector, it is appropriate to lay down in this Regulation specific rules on the description, presentation and labelling of spirit drinks that go beyond Regulation (EU) No 1169/2011. Those specific rules should also prevent the misuse of the term 'spirit drink' and of the legal names of spirit drinks, as regards products which do not meet the definitions and requirements laid down in this Regulation.

(13)  In order to ensure the uniform use of compound terms and allusions in Member States and in order to provide consumers with adequate information, thereby protecting them from being misled, it is necessary to lay down provisions concerning their use for the purpose of presentation of spirit drinks and other foodstuffs. The purpose of such provisions is also to protect the reputation of the spirit drinks used in this context.

(14)  In order to provide consumers with adequate information, provisions on the description, presentation and labelling of spirit drinks which qualify as mixtures or blends should be laid down.

(15)  While it is important to ensure that in general the maturation period or age stated in the description, presentation and labelling of spirit drinks only refers to the youngest alcoholic component, to take account of traditional ageing processes in Member States, it should be possible to provide, by means of delegated acts, for a derogation from that general rule and for appropriate control mechanisms in relation to brandies produced using the traditional dynamic ageing system known as the ’criaderas y solera’ system or ’solera e criaderas’ system.

(16)  For reasons of legal certainty and in order to ensure that adequate information is provided to consumers, the use of the names of raw materials or of adjectives as legal names for certain spirit drinks should not preclude the use of the names of such raw materials or of adjectives in the presentation and labelling of other foodstuffs. For the same reasons, the use of the German word '-geist' as the legal name of a category of spirit drinks should not preclude the use of that word as a fancy name to supplement the legal name of other spirit drinks or the name of other alcoholic beverages, provided that such use does not mislead the consumer.

(17)  In order to ensure that adequate information is provided to consumers and to enhance quality production methods, it should be possible for the legal name of any spirit drink to be supplemented by the term 'dry' or 'dry', that is to say that term either translated in the language or languages of the relevant Member State, or untranslated as indicated in italics in this Regulation, if that spirit drink has not been sweetened. However, in line with the principle that food information is not to be misleading, particularly by suggesting that the food possesses special characteristics despite the fact that all similar foods possess such characteristics, this rule should not apply to spirit drinks that under this Regulation are not to be sweetened, even for rounding off the taste, in particular to whisky or whiskey. This rule should also not apply to gin, distilled gin and London gin, to which specific sweetening and labelling rules should continue to apply.Furthermore, it should be possible to label liqueurs characterised in particular by a tart, bitter, tangy, acerbic, sour or citrus taste, regardless of their degree of sweetening, as 'dry' or 'dry'. Such labelling is not likely to mislead the consumer, since liqueurs are required to have a minimum sugar content. Accordingly, in the case of liqueurs, the term 'dry' or 'dry' should not be understood to indicate that the spirit drink has not been sweetened.

(18)  To take into account consumer expectations about the raw materials used for vodka especially in the traditional vodka-producing Member States, adequate information should be provided on the raw material used where vodka is made from raw materials of agricultural origin other than cereals or potatoes or both.

(19)  In order to enforce and to check the application of the legislation relating to rules on ageing and labelling, and to combat fraud, the indication of the legal name and the maturation period of any spirit drink in electronic administrative documents should be made mandatory.

(20)  In some cases, food business operators ▌ wish to indicate the place of provenance of spirit drinks other than geographical indications and trade marks to draw consumers’ attention to the qualities of their product. ▌Therefore, specific provisions on the indication of the place of provenance in the description, presentation and labelling of spirit drinks should be laid down. In addition, the obligation, laid down in Regulation (EU) No 1169/2011, to indicate the country of origin or the place of provenance of a primary ingredient, should not apply in the case of spirit drinks, even if the country of origin or the place of provenance of the primary ingredient of a spirit drink is not the same as the place of provenance indicated in the description, presentation or labelling of that spirit drink.

(21)  In order to protect the reputation of certain spirit drinks, provisions should be laid down governing the translation, transcription and transliteration of legal names for export purposes.

(22)  In order to ensure that this Regulation is applied consistently, Union reference methods should be established for the analysis of spirit drinks and of ethyl alcohol used in the production of spirit drinks.

(23)  The use of lead-based capsules and lead-based foil to cover the closing devices of containers of spirit drinks should continue to be banned, in order to avoid any risk of contamination, in particular by accidental contact with such capsules or foil, and of environmental pollution from waste containing lead from such capsules or foil.

(24)  Concerning the protection of geographical indications, it is important to have due regard to the Agreement on Trade-Related Aspects of Intellectual Property Rights (‘TRIPS Agreement’), and in particular Articles 22 and 23 thereof, and to the General Agreement on Tariffs and Trade (‘GATT Agreement’) including Article V thereof on freedom of transit, which were approved by Council Decision 94/800/EC(9). Within such legal framework, in order to strengthen geographical indication protection and to combat counterfeiting more effectively, such protection should also apply with regard to goods entering the customs territory of the Union without being released for free circulation, and placed under special customs procedures such as those relating to transit, storage, specific use or processing.

(25)  Regulation (EU) No 1151/2012 of the European Parliament and of the Council(10) does not apply to spirit drinks. Rules on the protection of geographical indications of spirit drinks should therefore be laid down. Geographical indications ▌should be registered by the Commission.

(26)  Procedures for the registration, modification and possible cancellation of Union or third country geographical indications in accordance with the TRIPS Agreement should be laid down whilst automatically recognising the status of existing ▌geographical indications that are protected in the Union. In order to make procedural rules on geographical indications consistent in all the sectors concerned, such procedures for spirit drinks should be modelled on the more exhaustive and well tested procedures for agricultural products and foodstuffs laid down in Regulation (EU) No 1151/2012, while taking into account specificities of spirit drinks. In order to simplify the registration procedures and to ensure that information for food business operators and consumers is electronically available, an electronic register of geographical indications should be established. Geographical indications protected under Regulation (EC) No 110/2008 should automatically be protected under this Regulation and listed in the electronic register. The Commission should complete the verification of geographical indications contained in Annex III to Regulation (EC) No 110/2008, in accordance with Article 20 of that Regulation.

(27)  For reasons of consistency with the rules applicable to geographical indications for food, wine and aromatised wine products, the name of the file setting out the specifications forspirit drinks which are registered as a geographical indication should be changed from ’technical file’ to ’product specification’. Technical files submitted as part of any application under Regulation (EC) No 110/2008 should be deemed to be product specifications.

(28)  The relationship between trade marks and geographical indications of spirit drinks should be clarified in relation to criteria for refusal, invalidation and coexistence. Such clarification should not affect rights acquired by holders of geographical indications at national level or that exist by virtue of international agreements concluded by Member States for the period before the establishment of the Union protection system pursuant to Council Regulation (EEC) No 1576/89(11).

(29)  Preserving a high standard of quality is essential if the spirit drinks sector's reputation and value are to be maintained. Member State authorities should be responsible for ensuring that that standard of quality is preserved through compliance with this Regulation. The Commission should be able to monitor and verify such compliance in order to ascertain that this Regulation is being uniformly enforced. Therefore the Commission and the Member States should be required to share relevant information with each other.

(30)  In applying a quality policy and in particular to attain a high level of quality of spirit drinks and diversity in the spirit drinks sector, Member States should be allowed to adopt rules on the production, description, presentation and labelling of spirit drinks produced in their territory that are stricter than those laid down in this Regulation.

(31)  In order to take into account evolving consumer demands, technological progress, developments in the relevant international standards, the need to improve the economic conditions of production and marketing, traditional ageing processes, ▌ and the law of the importing third countries, and in order to safeguard the legitimate interests of producers and food business operators as regards the protection of geographical indications, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union (‘the Treaty’) should be delegated to the Commission in respect of: amendments to and derogations from the technical definitions and requirements for spirit drinks ▌; authorising new sweetening products; derogations related to the specification of maturation period or age for brandy and the setting up of the public register of bodies in charge of supervising ageing processes; ▌the establishment of an electronic register of geographical indications of spirit drinks, and detailed rules on the form and content of that register; further conditions in relation to applications for the protection of a geographical indication and preliminary national procedures, scrutiny by the Commission, the opposition procedure and cancellation of geographical indications; conditions and requirements for the procedure concerning amendments to product specifications; and amendments to and derogations from certain definitions and rules on description, presentation and labelling. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making(12). 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.

(32)  In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission regarding the publication of the single document in the Official Journal of the European Union; and regarding decisions on registration of names as geographical indications where there is no notice of opposition or no admissible reasoned statement of opposition, or where there is an admissible reasoned statement of opposition and an agreement has been reached.

(33)  In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission regarding the rules on the use of new sweetening products; on information to be provided by Member States with regard to the bodies appointed to supervise ageing processes; the indication of the country of origin or place of provenance in the desciption, presentation or labelling of spirit drinks; the use of the Union symbol for protected geographical indications; regarding detailed technical rules on the Union reference methods for the analysis of ethyl alcohol, distillates of agricultural origin and spirit drinks; on granting a transitional period for the use of geographical indications and extensions of such periods; rejections of applications where the conditions for registration are not already fulfilled before the publication for opposition; registrations or rejections of geographical indications published for opposition where an opposition has been submitted and no agreement has been reached; approvals or rejections of Union amendments to a product specification; approvals or rejections of requests for cancellation of the registration of a geographical indication; the form of the product specification and on measures concerning the information to be provided in the product specification with regard to the link between the geographical area and the final product; procedures, form and presentation of applications, of oppositions, of applications for amendments and communications concerning amendments and of the cancellation process with regard to geographical indications; the checks and verifications to be carried out by the Member States; as well as with regard to the necessary information to be exchanged for the application of this Regulation. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council(13).

(34)  In order to ensure the implementation of the Agreement between the European Union and Japan for an Economic Partnership(14), it was necessary to provide for a derogation from the nominal quantities set out in the Annex to Directive 2007/45/EC of the European Parliament and of the Council(15) for spirit drinks in order to allow single distilled shochu produced by pot still and bottled in Japan to be placed on the Union market in traditional Japanese bottle sizes. That derogation was introduced by Regulation (EU) 2018/1670 of the European Parliament and of the Council(16) and should continue to apply.

(35) Given the nature and extent of the modifications which need to be made to Regulation (EC) No 110/2008, there is a need for a new legal framework in this area to enhance legal certainty, clarity and transparency. Regulation (EC) No 110/2008 should therefore be repealed.

▌(36) In order to protect the legitimate interests of producers or stakeholders concerned as regards benefitting from the publicity given to single documents under the new legal framework, it should be made possible that single documents concerning geographical indications registered in accordance with Regulation (EC) No 110/2008 are published at the request of the Member States concerned.

(37)  Since the rules on geographical indications enhance protection for operators, those rules should apply two weeks from the entry into force of this Regulation. However, provision should be made for appropriate arrangements to facilitate a smooth transition from the rules provided for in Regulation (EC) No 110/2008 to the rules laid down in this Regulation ▌.

(38)  As regards rules not relating to geographical indications, provision should be made to ensure that there is sufficient time to facilitate a smooth transition from the rules provided for in Regulation (EC) No 110/2008 to the rules laid down in this Regulation.

(39)   The marketing of existing stocks of spirit drinks should be allowed to continue after the dates of application of this Regulation, until those stocks are exhausted,

HAVE ADOPTED THIS REGULATION:

CHAPTER I

SCOPE, DEFINITIONS ▌ AND CATEGORIES OF SPIRIT DRINKS

Article 1

Subject matter and scope

1.  This Regulation lays down rules on:

—  the definition, description, presentation and labelling of spirit drinks, as well as on the protection of geographical indications of spirit drinks;

—  ▌the ▌ethyl alcohol and distillates used in the production of alcoholic beverages; and

—  ▌the use of legal names of spirit drinks ▌in the presentation and labelling of ▌foodstuffs other than spirit drinks.

2.  This Regulation applies to products referred to in paragraph 1 that are placed on the Union market, whether produced in the Union or in third countries, as well as to those produced in the Union for export.

3.  As regards the protection of geographical indications, Chapter III of this Regulation also applies to goods entering the customs territory of the Union without being released for free circulation there.

Article 2

Definition of and requirements for spirit drinks

▌For the purposes of this Regulation, a spirit drink is an alcoholic beverage which complies with the following requirements:

(a)  it is intended for human consumption;

(b)  it possesses particular organoleptic qualities;

(c)   it has a minimum alcoholic strength by volume of 15 %, except in the case of spirit drinks that comply with the requirements of category 39 of Annex I ▌;

(d)  it has been produced either:

(i)  ▌directly by using, individually or in combination, any of the following methods:

− distillation, with or without added flavourings or flavouring foodstuffs, of ▌fermented products,

− the maceration or similar processing of plant materials in ethyl alcohol of agricultural origin, distillates of agricultural origin or spirit drinks or a combination thereof ▌,

− the addition, individually or in combination, to ethyl alcohol of agricultural origin, distillates of agricultural origin or spirit drinks of any of the following:

− flavourings used in accordance with Regulation (EC) No 1334/2008,

− colours used in accordance with Regulation (EC) No 1333/2008,

other authorised ingredients used in accordance with Regulations (EC) No 1333/2008 and (EC) No 1334/2008,

− ▌sweetening products,

− other agricultural products,

− foodstuffs; or

(ii)  by adding, individually or in combination, to it any of the following:

− other spirit drinks,

− ethyl alcohol of agricultural origin,

− distillates of agricultural origin,

− other foodstuffs;

(e)  it does not fall within CN codes 2203, 2204, 2205, 2206 and 2207;

(f)   if water, which may be distilled, demineralised, permuted or softened, has been added in its production:

(i)  the quality of that water complies with Council Directive 98/83/EC(17) and Directive 2009/54/EC of the European Parliament and of the Council(18); and

(ii)  the alcoholic strength of the spirit drink, after the addition of the water, still complies with the minimum alcoholic strength by volume provided for in point (c) of this Article or under the relevant category of spirit drinks as set out in Annex I.

Article 3

Definitions

For the purposes of this Regulation, the following definitions apply:

(1)  ‘legal name’ means the name under which a spirit drink is placed on the market, within the meaning of point (n) of Article 2(2) of Regulation (EU) No 1169/2011;

(2)  ‘compound term’ means, in relation to the description, presentation and labelling of an alcoholic beverage, the combination of either a legal name provided for in the categories of spirit drinks set out in ▌Annex I or the ▌geographical indication for a spirit drink, from which all the alcohol of the final product originates, with one or more of the following:

(a)  the name of one or more foodstuffs other than an alcoholic beverage and other than foodstuffs used for the production of that spirit drink in accordance with Annex I, or adjectives deriving from those names;

(b)  the term ‘liqueur’ or 'cream';

(3)  ‘allusion’ means the direct or indirect reference to one or more legal names provided for in the categories of spirit drinks set out in ▌Annex I or to one or more geographical indications for spirit drinks, other than a reference in a compound term or in a list of ingredients as referred to in Article 13(2), (3) and (4), in the description, presentation or labelling of:

(a)  a foodstuff other than a spirit drink, or

(b)  a spirit drink that comply with the requirements of categories 33 to 40 of Annex I;

(4)  ‘geographical indication’ means an indication which identifies a spirit drink as originating in the territory of a country, or a region or locality in that territory, where a given quality, reputation or other characteristic of that spirit drink is essentially attributable to its geographical origin;

(5)  ‘product specification’ means a file attached to the application for the protection of a geographical indication, in which the specifications with which the spirit drink has to comply are set out, and which was referred to as a 'technical file' under Regulation (EC) No 110/2008;

(6)  'group' means any association, irrespective of its legal form, that is mainly composed of producers or processors working with the spirit drinks concerned;

(7)  ‘generic name’ means a name of a spirit drink that has become generic and that, although it relates to the place or the region where the spirit drink was originally produced or marketed, has become the common name of that spirit drink in the Union;

(8)  'visual field' means field of vision as defined in point (k) of Article 2(2) of Regulation (EU) No 1169/2011;

(9)  'to mix' means to combine a spirit drink that either belongs to a category of spirit drinks set out in Annex I or to a geographical indication with one or more of the following:

(a)  other spirit drinks which do not belong to the same category of spirit drinks set out in Annex I;

(b)  distillates of agricultural origin;

(c)  ethyl alcohol of agricultural origin;

(10)  'mixture' means a spirit drink that has undergone mixing;

(11)   ‘to blend’ means to combine two or more spirit drinks of the same category that are distinguishable only by minor differences in composition due to one or more of the following factors:

(a)  the method of production;

(b)  the stills employed;

(c)  the period of maturation or ageing;

(d)  the geographical area of production;

the spirit drink so produced belongs to the same category of spirit drinks as the original spirit drinks before blending;

(12)  'blend' means a spirit drink that has undergone blending.

Article 4

Technical definitions and requirements

For the purposes of this Regulation, the following technical definitions and requirements apply:

(1)  'description' means the terms used in the labelling, in the presentation and on the packaging of a spirit drink, on the documents accompanying the transport of a spirit drink, on the commercial documents, particularly the invoices and delivery notes, and in the advertising of a spirit drink;

(2)  ‘presentation’ means the terms used in the labelling and on the packaging, as well as in advertising and sales promotion of a product, in images or such like, as well as on the container, including on the bottle or the closure;

(3)  ‘labelling’ means any word, particulars, trade marks, brand name, pictorial matter or symbol relating to a product and placed on any packaging, document, notice, label, ring or collar accompanying or referring to such product;

(4)  ‘label’ means any tag, brand, mark, pictorial or other descriptive matter, written, printed, stencilled, marked, embossed or impressed on, or attached to the packaging or container of food;

(5)  ‘packaging’ means the protective wrappings, cartons, cases, containers and bottles used in the transport or sale of spirit drinks;

(6)  'distillation' means a thermal separation process involving one or more separation steps intended to achieve certain organoleptic properties or a higher alcoholic concentration or both, regardless of whether such steps take place under normal pressure or under vacuum, due to the distilling device used; and can be single or multiple distillation or re-distillation;

(7)  ‘distillate of agricultural origin’ means an alcoholic liquid which is the result of the distillation, after alcoholic fermentation, of agricultural products listed in Annex I to the Treaty, which does not have the properties of ethyl alcohol and which retains the aroma and taste of the raw materials used;

(8)  ‘to sweeten’ means to use one or more sweetening products in the production of spirit drinks;

(9)  'sweetening products' means:

(a)  semi-white sugar, white sugar, extra-white sugar, dextrose, fructose, glucose syrup, sugar solution, invert sugar solution and invert sugar syrup, as defined in Part A of the Annex to Council Directive 2001/111/EC(19);

(b)  rectified concentrated grape must, concentrated grape must and fresh grape must;

(c)  burned sugar which is the product obtained exclusively from the controlled heating of sucrose without bases, mineral acids or other chemical additives;

(d)  honey as defined in point 1 of Annex I to Council Directive 2001/110/EC(20);

(e)  carob syrup;

(f)  any other natural carbohydrate substances having a similar effect as the products referred to in points (a) to (e);

(10)  ‘addition of alcohol’ means the addition of ethyl alcohol of agricultural origin or distillates of agricultural origin or both to a spirit drink; such addition does not include the use of alcohol for dilution or dissolution of colours, flavourings or any other authorised ingredients used in the production of spirit drinks;

(11)  ‘maturation' or 'ageing’ means the storage of a spirit drink in appropriate receptacles for a period of time for the purpose of allowing that spirit drink to undergo natural reactions that impart specific characteristics to that spirit drink;

(12)  'to flavour' means to add flavourings or flavouring foodstuffs in the production of a spirit drink by means of one or more of the following processes: addition, infusion, maceration, alcoholic fermentation, or distillation of alcohol in the presence of the flavourings or flavouring foodstuffs;

(13)  ‘flavourings’ mean flavourings as defined in point (a) of Article 3(2) of Regulation (EC) No 1334/2008;

(14)  ‘flavouring substance’ means flavouring substance as defined in point (b) of Article 3(2) of Regulation (EC) No 1334/2008;

(15)  ‘natural flavouring substance’ means natural flavouring substance as defined in point (c) of Article 3(2) of Regulation (EC) No 1334/2008;

(16)  ‘flavouring preparation’ means flavouring preparation as defined in point (d) of Article 3(2) of Regulation (EC) No 1334/2008;

(17)  'other flavouring' means other flavouring as defined in point (h) of Article 3(2) of Regulation (EC) No 1334/2008;

(18)  'flavouring foodstuffs' mean foodstuffs as defined in Article 2 of Regulation (EC) No 178/2002 of the European Parliament and of the Council(21) and that are used in the production of spirit drinks with the main purpose of flavouringthe spirit drinks;

(19)  ‘to colour’ means to use one or more colours in the production of a spirit drink;

(20)  ‘colours’ mean colours as defined in point 2 of Annex I to Regulation (EC) No 1333/2008;

(21)  'caramel' means a food additive corresponding to E-numbers E 150a, E 150b, E 150c or E 150d and relating to products of a more or less intense brown colour which are intended for colouring, as referred to in Part B of Annex II to Regulation (EC) No 1333/2008; it does not correspond to the sugary aromatic product obtained from heating sugars and which is used for flavouring purposes;

(22)  'other authorised ingredients' means food ingredients with flavouring properties authorised under Regulation (EC) No 1334/2008 and food additives other than colours authorised under Regulation (EC) No 1333/2008;

(23)  ‘alcoholic strength by volume’ means the ratio of the volume of pure alcohol present in a product at 20 °C to the total volume of that product at the same temperature;

(24)  ‘volatile substances content’ means the quantity of volatile substances, other than ethyl alcohol and methanol, contained in a spirit drink produced exclusively by distillation.

Article 5

Definition of and requirements for ethyl alcohol of agricultural origin

For the purposes of this Regulation, ethyl alcohol of agricultural origin is a liquid which complies with the following requirements:

(a)  it has been obtained exclusively from products listed in Annex I to the Treaty;

(b)  it has no detectable taste other than that of the raw materials used in its production;

(c)  its minimum alcoholic strength by volume is 96,0 %;

(d)  its maximum levels of residues do not exceed the following:

(i)  total acidity (expressed in acetic acid): 1,5 grams per hectolitre of 100 % vol. alcohol;

(ii)  esters (expressed in ethyl acetate): 1,3 grams per hectolitre of 100 % vol. alcohol;

(iii)  aldehydes (expressed in acetaldehyde): 0,5 grams per hectolitre of 100 % vol. alcohol;

(iv)  higher alcohols (expresssed in 2-methyl-1-propanol): 0,5 grams per hectolitre of 100 % vol. alcohol;

(v)  methanol: 30 grams per hectolitre of 100 % vol. alcohol;

(vi)  dry extract: 1,5 grams per hectolitre of 100 % vol. alcohol;

(vii)  volatile bases containing nitrogen (expressed in nitrogen): 0,1 grams per hectolitre of 100 % vol. alcohol;

(viii)  furfural: not detectable.

Article 6

Ethyl alcohol and distillates used in alcoholic beverages

1.  The ethyl alcohol and distillates used in the production of spirit drinks shall be ▌ exclusively of agricultural origin, within the meaning of Annex I to the Treaty.

2.  No alcohol other than ethyl alcohol of agricultural origin, distillates of agricultural origin or spirit drinks of categories 1 to 14 of Annex I shall be used ▌to dilute or dissolve colours, flavourings or any other authorised ingredients used in the production of alcoholic beverages. Such alcohol used to dilute or dissolve colours, flavourings or any other authorised ingredients shall only be used in the amounts strictly necessary for that purpose.

3.  Alcoholic beverages shall not contain alcohol of synthetic origin or other alcohol of non-agricultural origin, within the meaning of Annex I to the Treaty.

Article 7

Categories of spirit drinks

1.  Spirit drinks shall be categorised in accordance with the general rules laid down in this Article and the specific rules laid down in Annex I.

2.  Without prejudice to the specific rules laid down for each of the categories of spirit drinks 1 to 14 ▌of Annex I, the spirit drinks of those categories shall:

(a)  be produced by alcoholic fermentation and distillation, and exclusively obtained from the raw material provided for under the corresponding category of spirit drinks in Annex I;

(b)  have no addition of alcohol ▌, whether diluted or not;

(c)  not be flavoured;

(d)  not be coloured with anything except caramel used exclusively for adjusting the colour of those spirit drinks;

(e)  not be sweetened except to round off the final taste of the product; the maximum content of sweetening products, expressed as invert sugar, shall not exceed the thresholds set out for each category in Annex I;

(f)  not contain adjuncts other than whole unprocessed items of the raw material from which the alcohol is obtained, and which are mainly used for decorative purposes.

3.  Without prejudice to the specific rules laid down for each of the categories of spirit drinks 15 to 44 ▌of Annex I, the spirit drinks of those categories may:

(a)  be produced from any agricultural raw material listed in Annex I to the Treaty;

(b)  have addition of alcohol ▌;

(c)  contain flavouring substances, natural flavouring substances, flavouring preparations and flavouring foodstuffs;

(d)  be coloured;

(e)  be sweetened ▌.

4.  Without prejudice to the specific rules laid down in ▌Annex II, spirit drinks which do not comply with the specific rules laid down for each of the categories set out in ▌Annex I may:

(a)  be produced from any agricultural raw material listed in Annex I to the Treaty or from any foodstuff ▌or both;

(b)  have addition of alcohol ▌;

(c)  be flavoured;

(d)  be coloured;

(e)  be sweetened ▌.

Article 8

Delegated and implementing powers

1.  The Commission is empowered to adopt delegated acts in accordance with Article 46 amending this Regulation by introducing amendments to the technical definitions and requirements laid down in point (f) of Article 2, and Articles 4 and 5.

The delegated acts referred to in ▌the first subparagraph shall be strictly limited to meeting demonstrated needs resulting from evolving consumer demands, technological progress ▌or the need for product innovation.

The Commission shall adopt a separate delegated act in respect of each technical definition or requirement referred to in the first subparagraph.

2.  The Commission is empowered to adopt delegated acts in accordance with Article 46 supplementing this Regulation by laying down, in exceptional cases, where the law of the importing third country so requires, derogations from the requirements set out in point (f) of Article 2, and Articles 4 and 5, the requirements under the categories of spirit drinks set out in ▌Annex I and the specific rules concerning certain spirit drinks set out in Annex II.

3.  The Commission is empowered to adopt delegated acts in accordance with Article 46 supplementing this Regulation by specifying which other natural substances or agricultural raw materials having a similar effect to the products referred to in points (a) to (e) of Article 4(9) are authorised across the Union as sweetening products in the production of spirit drinks.

4.  The Commission may, by means of implementing acts, adopt uniform rules for the use of other natural substances or agricultural raw materials authorised by delegated acts as sweetening products in the production of spirit drinks as referred to in paragraph 3, determining in particular the respective sweetening conversion factors. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 47(2).

CHAPTER II

DESCRIPTION, PRESENTATION AND LABELLING OF SPIRIT DRINKS AND USE OF THE NAMES OF SPIRIT DRINKS IN THE PRESENTATION AND LABELLING OF OTHER FOODSTUFFS

Article 9

Presentation and labelling

Spirit drinks placed on the Union market shall comply with the presentation and labelling requirements set out in Regulation (EU) No 1169/2011, unless otherwise provided for in this Regulation.

Article 10

Legal names of spirit drinks

1.  The name of a spirit drink shall be its legal name.

Spirit drinks shall bear legal names in their description, presentation and labelling.

Legal names shall be shown clearly and visibly on the label of the spirit drink and shall not be replaced or altered.

2.  Spirit drinks that comply with the requirements ▌of a category of spirit drinks set out in Annex I shall use the name of that category as their legal name, unless that category permits the use of another legal name.

3.  ▌A spirit drink that does not comply with the requirements laid down for any of the categories of spirit drinks set out in Annex I shall use the legal name ‘spirit drink’.

4.  ▌A spirit drink that complies with the requirements for more than one category of spirit drinks set out in Annex I ▌ may be placed on the market under one or more of the legal names provided for under those categories in Annex I.

5.  Notwithstanding paragraphs 1 and 2 of this Article, the legal name of a spirit drink may be:

(a)  supplemented or replaced by a geographical indication referred to in Chapter III. In this case, the geographical indication may be supplemented further by any term permitted by the relevant product specification, provided that this does not mislead the consumer; and

(b)  replaced by a compound term that includes the term ‘liqueur’ or 'cream', provided that the final product complies with the requirements of category 33 of ▌Annex I.

6.  Without prejudice to Regulation (EU) No 1169/2011 and to the specific rules laid down for the categories of spirit drinks in Annex I to this Regulation, the legal name of a spirit drink may be supplemented by:

(a)  a name or geographical reference provided for in the laws, regulations and administrative provisions applicable in the Member State in which the spirit drink is placed on the market, provided that this does not mislead the consumer;

(b)  a customary name as defined in point (o) of Article 2(2) of Regulation (EU) No 1169/2011, provided that this does not mislead the consumer;

(c)  a compound term or an allusion in accordance with Articles 11 and 12;

(d)  the term ‘blend’, ‘blending’ or ‘blended’, provided that the spirit drink has undergone blending;

(e)  the term ‘mixture’, ‘mixed’ or 'mixed spirit drink', provided that the spirit drink has undergone mixing; or

(f)  the term ‘dry' or 'dry', except in the case of spirit drinks that comply with the requirements of category 2 of Annex I, without prejudice to the specific requirements laid down in categories 20 to 22 of Annex I, and provided that the spirit drink has not been sweetened, not even for rounding off the taste. By way of derogation from the first part of this point, the term ‘dry’ or ‘dry’ may supplement the legal name of spirit drinks that comply with the requirements of category 33 and have therefore been sweetened.

7.  Without prejudice to Articles 11 and 12 and Article 13(2), (3) and (4), the use of the legal names referred to in paragraph 2 of this Article or geographical indications ▌in the description, presentation or labelling of any beverage not complying with the requirements of the relevant category set out in Annex I or of the relevant geographical indication shall be prohibited. That prohibition shall also apply where such legal names or geographical indications are used in conjunction with words or phrases such as ‘like’, ‘type’, ‘style’, ‘made’, ‘flavour’ or any other similar terms ▌ .

Without prejudice to Article 12(1), flavourings that imitate a spirit drink or their use in the production of a foodstuff other than a beverage may bear, in their presentation and labelling, references to the legal names referred to in paragraph 2 of this Article, provided that such legal names are supplemented by the term ‘flavour’ or any other similar terms ▌. Geographical indications shall not be used to describe such flavourings.

Article 11

Compound terms ▌

1.  In the description, presentation and labelling of an alcoholic beverage, the use in a compound term of either a legal name provided for in the categories of spirit drinks set out in Annex I or ▌a geographical indication for spirit drinks shall be authorised ▌on condition that:

(a)  the alcohol used in the production of the alcoholic beverage originates exclusively from the spirit drink referred to in the compound term ▌, except for the alcohol that may be present in flavourings, colours or other authorised ingredients used for the production of that alcoholic beverage; and

(b)  the spirit drink has not been diluted by addition of water only, so that its alcoholic strength is ▌below the minimum strength provided for under the relevant category of spirit drinks set out in Annex I.

2.  Without prejudice to the legal names provided for in Article 10, the terms 'alcohol', 'spirit', 'drink', ‘spirit drink’ and 'water' shall not be part of a compound term describing an alcoholic beverage.

3.  Compound terms describing an alcoholic beverage shall:

(a)   appear in uniform characters of the same font, size and colour;

(b)   not be interrupted by any textual or pictorial element which does not form part of them; and

(c)   not appear in a ▌font size which is larger than the font size used for the name of the alcoholic beverage.

Article 12

Allusions

1.  In the presentation and labelling of a foodstuff other than an alcoholic beverage, an allusion to legal names provided for in one or more categories of spirit drinks set out in Annex I, or to one or more geographical indications for spirit drinks, shall be authorised on condition that the alcohol used in the production of the foodstuff originates exclusively from the spirit drink or the spirit drinks referred to in the allusion, except as regards the alcohol that may be present in flavourings, colours or other authorised ingredients used for the production of that foodstuff.

2.  By way of derogation from paragraph 1 of this Article and without prejudice to Regulations (EU) No 1308/2013(22) and (EU) No 251/2014(23) of the European Parliament and of the Council, an allusion in the presentation and labelling of an alcoholic beverage other than a spirit drink to legal names provided for in one or more categories of spirit drinks set out in Annex I to this Regulation or to one or more geographical indications for spirit drinks shall be authorised on condition that:

(a)  the added alcohol originates exclusively from the spirit drink or spirit drinks referred to in the allusion; and

(b)  the proportion of each alcoholic ingredient is indicated at least once in the same visual field as the allusion, in descending order of quantities used. That proportion shall be equal to the percentage by volume of pure alcohol it represents in the total pure alcohol content by volume of the final product.

3.  By way of derogation from paragraph 1 of this Article and from Article 13(4), in the description, presentation and labelling of a spirit drink that complies with the requirements of categories 33 to 40 of Annex I, the allusion to legal names provided for under one or more categories of spirit drinks set out in that Annex or to one or more geographical indications for spirit drinks shall be authorised on condition that:

(a)  the added alcohol originates exclusively from the spirit drink or spirit drinks referred to in the allusion;

(b)  the proportion of each alcoholic ingredient is indicated at least once in the same visual field as the allusion, in descending order of quantities used. That proportion shall be equal to the percentage by volume of pure alcohol it represents in the total pure alcohol content by volume of the final product; and

(c)  the term ’cream’ does not appear in the legal name of a spirit drink that complies with the requirements of categories 33 to 40 of Annex I or in the legal name of the spirit drink or spirit drinks referred to in the allusion.

4.  The allusions referred to in paragraphs 2 and 3:

(a)  shall not be on the same line as the name of the alcoholic beverage; and

(b)  shall appear in a font size which is no larger than half the font size used for the name of the alcoholic beverage and, where compound terms are used, in a font size which is no larger than half the font size used for such compound terms, in accordance with point (c) of Article 11(3).

Article 13

Additional rules on description, presentation and labelling

1.  The description, presentation or labelling of a spirit drink may refer to the raw materials used to produce the ethyl alcohol of agricultural origin or distillates of agricultural origin used in the production of that spirit drink only where that ethyl alcohol or those distillates have been obtained exclusively from those raw materials. In such a case, each type of ethyl alcohol of agricultural origin or distillate of agricultural origin shall be mentioned in descending order of quantity by volume of pure alcohol.

2.  The legal names referred to in Article 10 may be included in a list of ingredients for foodstuffs, provided that the list is in accordance with Articles 18 to 22 of Regulation (EU) No 1169/2011.

3.  In the case of a mixture or a blend, the legal names provided for in the categories of spirit drinks set out in Annex I or geographical indications for spirit drinks may be indicated only in a list of the alcoholic ingredients appearing in the same visual field as the legal name of the spirit drink.

In the case referred to in the first subparagraph, the list of alcoholic ingredients shall be accompanied by at least one of the terms referred to in points (d) and (e) of Article 10(6). Both the list of alcoholic ingredients and the accompanying term shall appear in the same visual field as the legal name of the spirit drink, in uniform characters of the same font and colour and in a font size which is no larger than half the font size used for the legal name.

In addition, the proportion of each alcoholic ingredient in the list of alcoholic ingredients shall be expressed at least once as a percentage, in descending order of quantities used. That proportion shall be equal to the percentage by volume of pure alcohol it represents in the total pure alcohol content by volume of the mixture.

This paragraph shall not apply to blends made of spirit drinks belonging to the same geographical indication or blends of which none of the spirit drinks belongs to a geographical indication.

4.  By way of derogation from paragraph 3 of this Article, if a mixture complies with the requirements for one of the categories of spirit drinks set out in Annex I, that mixture shall bear the legal name provided for in the relevant category.

In the case referred to in the first subparagraph, the description, presentation or labelling of the mixture may show the legal names set out in Annex I or geographical indications corresponding to the spirits drinks that were mixed, provided that those names appear:

(a)  exclusively in a list of all the alcoholic ingredients contained in the mixture which shall appear in uniform characters of the same font and colour and in a font size which is no larger than half the font size used for the legal name; and

(b)  in the same visual field as the legal name of the mixture at least once.

In addition, the proportion of each alcoholic ingredient in the list of alcoholic ingredients shall be expressed at least once as a percentage, in descending order of quantities used. That proportion shall be equal to the percentage by volume of pure alcohol it represents in the total pure alcohol content by volume of the mixture.

5.  The use of the names of plant raw materials which are used as the legal names of certain spirit drinks shall be without prejudice to the use of the names of those plant raw materials in the presentation and labelling of other foodstuffs. The names of such raw materials may be used in the description, presentation or labelling of other spirit drinks, provided that such use does not mislead the consumer.

6.  A maturation period or age may only be specified in the description, presentation or labelling of a spirit drink where it refers to the youngest alcoholic component of the spirit drink and in any case provided that all the operations to age the spirit drink took place under revenue supervision ▌of a Member State or ▌supervision providing equivalent guarantees. The Commission shall set up a public register listing the bodies appointed by each Member State to supervise ageing processes.

7.  The legal name of a spirit drink shall be indicated in the electronic administrative document referred to in Commission Regulation (EC) No 684/2009(24). Where a maturation period or age is indicated in the description, presentation or labelling of the spirit drink, it shall also be mentioned in that administrative document.

Article 14

Indication of place of provenance

1.  Where the place of provenance of a spirit drink, other than a geographical indication or trade mark, is indicated in its description, presentation or labelling, it shall correspond to the place or region where the stage in the production process which conferred on the finished spirit drink its character and essential definitive qualities took place.

2.  The indication of the country of origin or place of provenance of the primary ingredient as referred to in Regulation (EU) No 1169/2011 shall not be required for spirit drinks.

Article 15

Language used for the names of spirit drinks

1.  The terms in italics in Annexes I and II and ▌geographical indications shall not be translated either on the label or in the description and presentation of spirit drinks.

2.  By way of derogation from paragraph 1, in the case of spirit drinks produced in the Union and destined for export, the terms referred to in paragraph 1 and geographical indications may be accompanied by translations, transcriptions or transliterations, provided that such terms and geographical indications in the original language are not hidden.

Article 16

Use of a Union symbol for ▌geographical indications

The Union symbol for protected geographical indications established pursuant to Article 12(7) of Regulation (EU) No 1151/2012 may be used in the description, presentation and labelling of spirit drinks the names of which are geographical indications.

Article 17

Prohibition of lead-based capsules and lead-based foil

Spirit drinks shall not be held with a view to sale or be placed on the market in containers fitted with closing devices covered by lead-based capsules or lead-based foil.

Article 18

Union reference methods of analysis

1.  Where ethyl alcohol of agricultural origin, distillates of agricultural origin or spirit drinks are to be analysed to verify that they comply with this Regulation, such analysis shall be in accordance with Union reference methods of analysis for the determination of their chemical and physical composition and organoleptic properties.

Other methods of analysis shall be permitted, under the responsibility of the director of the laboratory, on condition that the accuracy, repeatability and reproducibility of the methods are at least equivalent to those of the relevant Union reference methods of analysis.

2.  Where Union methods of analysis are not laid down for the detection and quantification of substances contained in a particular spirit drink, one or more of the following methods shall be used:

(a)  methods of analysis that have been validated by internationally recognised procedures and that, in particular, meet the criteria set out in Annex III to Regulation (EC) No 882/2004 of the European Parliament and of the Council(25);

(b)  methods of analysis conforming to the recommended standards of the International Organisation for Standardisation (ISO);

(c)  methods of analysis recognised and published by the International Organisation of Vine and Wine (OIV); or

(d)  in the absence of a method as referred to in points (a), (b) or (c), by reason of its accuracy, repeatability and reproducibility:

–  a method of analysis approved by the Member State concerned;

–  where necessary, any other suitable method of analysis.

Article 19

Delegated powers

1.  In order to take into account the traditional dynamic ageing process for brandy in Member States which is known as the ’criaderas y solera’ system or ’solera e criaderas’ system as set out in Annex III, the Commission is empowered to adopt delegated acts in accordance with Article 46 supplementing this Regulation by:

(a)  laying down derogations from Article 13(6) concerning the specification of a maturation period or age in the description, presentation or labelling of such brandy; and

(b)  establishing appropriate control mechanisms for such brandy.

2.  The Commission is empowered to adopt delegated acts in accordance with Article 46 supplementing this Regulation concerning the setting up of a public register listing the bodies appointed by each Member State to supervise ageing processes as provided for in Article 13(6).

Article 20

Implementing powers

The Commission may, by means of implementing acts, adopt:

(a)  the rules necessary for communications to be made by Member States with regard to the bodies appointed to supervise ageing processes in accordance with Article 13(6);

(b)  uniform rulesfor indicating ▌the country ▌of origin or the place of provenance in the description, presentation or labelling of spirit drinks referred to in Article 14;

(c)  rules on the use of the Union symbol referred to in Article 16 in the description, presentation and labelling of spirit drinks;

(d)  detailed technical rules on the Union reference methods of analysis referred to in Article 18.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 47(2).

CHAPTER III

GEOGRAPHICAL INDICATIONS

Article 21

Protection of geographical indications

1.  ▌Geographical indications protected under this Regulation may be used by any operator marketing a spirit drink produced in conformity with the corresponding product specification.

2.  ▌Geographical indications protected under this Regulation shall be protected against:

(a)  any direct or indirect commercial use of a registered name in respect of products not covered by the registration where those products are comparable to the products registered under that name or where using the name exploits the reputation of the protected name, including where those products are used as an ingredient;

(b)  any misuse, imitation or evocation, even if the true origin of the products or services is indicated or if the protected name is translated or accompanied by an expression such as ‘style’, ‘type’, ‘method’, ‘as produced in’, ‘imitation’, ‘flavour’, ‘like’ or similar, including when those products are used as an ingredient;

(c)  any other false or misleading indication as to the provenance, origin, nature or essential qualities of the product in the description, presentation or labelling of the product liable to convey a false impression as to the origin of the product;

(d)  any other practice liable to mislead the consumer as to the true origin of the product.

3.  ▌Geographical indications protected under this Regulation shall not become generic in the Union ▌.

4.  The protection referred to in paragraph 2 shall also apply with regard to goods entering the customs territory of the Union without being released for free circulation there.

Article 22

Product specification

1.  A geographical indication protected under this Regulation shall comply with a product specification which shall include at least:

(a)  the name to be protected as a geographical indication, as it is used, whether in trade or in common language, only ▌in the languages which are or were historically used to describe the specific product in the defined geographical area, in the original script and in Latin transcription if different;

(b)  the category of the spirit drink or the term 'spirit drink' if the spirit drink does not comply with the requirements laid down for the categories of spirit drinks set out in Annex I;

(c)  a description of the characteristics of the spirit drink, including the raw materials from which it is produced, if appropriate, as well as the principal physical, chemical or organoleptic characteristics of the product and the specific characteristics of the product compared to spirit drinks of the same category;

(d)  the definition of the geographical area delimited with regard to the link referred to in point (f);

(e)  a description of the method of producing the spirit drink and, where appropriate, the authentic and unvarying local production methods ▌;

(f)  details establishing the link between a given quality, reputation or other characteristic of the spirit drink and its geographical origin;

(g)  the names and addresses of the competent authorities or, if available, the names and addresses of the bodies that verify compliance with the provisions of the product specification pursuant to Article 38 and their specific tasks;

(h)  any specific labelling rule for the geographical indication in question.

Where applicable, requirements regarding packaging shall be included in the product specification, accompanied by a justification showing why the packaging must take place in the defined geographical area to safeguard quality, to ensure the origin or to ensure control, taking into account Union law, in particular Union law on the free movement of goods and the free provision of services.

2.  Technical files submitted as part of any application before ... [two weeks from the date of entry into force of this Regulation] under Regulation (EC) No 110/2008 shall be deemed to be product specifications under this Article.

Article 23

Content of application for registration of a geographical indication

1.  An application for registration of a geographical indication pursuant to Article 24(5) or (8) shall include at least:

(a)  the name and address of the applicant group and of the competent authorities or, if available, the bodies that verify compliance with the provisions of the product specification;

(b)  the product specification provided for in Article 22;

(c)  a single document setting out the following:

(i)  the main points of the product specification, including the name to be protected, the category to which the spirit drink belongs or the term 'spirit drink', the production method, a description of the characteristics of the spirit drink, a concise definition of the geographical area, and, where appropriate, specific rules concerning packaging and labelling ▌;

(ii)  a description of the link between the spirit drink and its geographical origin as referred to in point (4) of Article 3, including, where appropriate, the specific elements of the product description or production method justifying the link.

An application as referred to in Article 24(8) shall also include the publication reference of the product specification and proof that the name of the product is protected in its country of origin.

2.  An application dossier as referred to in Article 24(7) shall include:

(a)  the name and address of the applicant group;

(b)  the single document referred to in point (c) of paragraph 1 of this Article;

(c)  a declaration by the Member State that it considers that the application ▌ meets the requirements of this Regulation and the provisions adopted pursuant thereto;

(d)  the publication reference of the product specification.

Article 24

Application for registration of a geographical indication

1.  Applications for the registration of a geographical indication under ▌this Chapter may only be submitted by groups who work with the spirit drink, the name of which is proposed for registration.

2.  An authority designated by a Member State may be deemed to be a group for the purposes of this Chapter if it is not feasible for the producers concerned to form a group by reason of their number, geographical locations or organisational characteristics. In such case, the application dossier referred to in Article 23(2) shall state those reasons.

3.  A single natural or legal person may be deemed to be a group for the purpose of this Chapter if both of the following conditions are fulfilled:

(a)  the person concerned is the only producer willing to submit an application; and

(b)  the defined geographical area possesses characteristics which differ appreciably from those of neighbouring areas, the characteristics of the spirit drink are different from those produced in neighbouring areas or the spirit drink has a special quality, reputation or other characteristic which is clearly attributable to its geographical origin.

4.   In the case of a geographical indication ▌that designates a cross-border geographical area, several groups from different Member States or third countries may submit a joint application for registration.

Where a joint application is submitted, it shall be submitted to the Commission by a Member State concerned, or by an applicant group in a third country concerned, directly or through the authorities of that third country after consultation of all the authorities and applicant groups concerned. The joint application shall include the declaration referred to in