1.   A manufacturer may apply to a type-approval authority for certification of the CO2 savings from the use of one or several efficient exterior LED light by reference to this Decision.

2.   The manufacturer shall ensure that the application for the certification is accompanied by a verification report from an independent and certified body confirming that the conditions set out in Article 1 have been met.

3.   Where the savings have been certified in accordance with Article 3, the manufacturer shall ensure that the certified CO2 savings and the eco-innovation code referred to in Article 4(1) are recorded in the certificate of conformity of the vehicles concerned.

1.   The type-approval authority shall ensure that CO2 savings achieved from the use of the innovative technology have been determined using the methodology set out in the Annex.

2.   Where a manufacturer applies for the certification of the CO2 savings from more than one efficient exterior LED light referred to in Article 1 in relation to one vehicle version, the type approval authority shall determine which of the efficient exterior LED lighting tested delivers the lowest CO2 savings, and record the lowest value in the relevant type approval documentation. That value shall be used for the purpose of paragraph 4.

3.   Where the innovative technology is fitted in a bi-fuel or flex-fuel vehicle, the approval authority shall record the CO2 savings as follows:

4.   The type approval authority shall record the certified CO2 savings determined in accordance with paragraphs 1 and 2, and the eco-innovation code referred to in Article 4(1) in the relevant type-approval documentation.

5.   The type-approval authority shall record all the elements considered for the certification in a test report and keep that together with the verification report referred to in Article 2(2), and shall make that information available to the Commission on request.

6.   The type-approval authority shall only certify CO2 savings, if it finds that the innovative technology complies with the conditions set out in Article 1, and if the CO2 savings achieved are 1 g CO2/km or higher, as specified in Article 9(1)(a) of Implementing Regulation (EU) No 427/2014.

1.   The innovative technology approved by this Decision is attributed with the eco-innovation code 34.

2.   The certified CO2 savings recorded by reference to that eco-innovation code may only be taken into account for the calculation of the average specific emissions of manufacturers for the calendar year 2020.

1.   This Decision lays down rules relating to the conditions under which EASO may restrict the application of the rights enshrined in Articles 14 to 21, 35 and 36, as well as Article 4 of Regulation (EU) 2018/1725 in the context of the procedures set out in paragraph 2 in accordance with Article 25 of that Regulation.

2.   Within the framework of the administrative functioning of EASO, this Decision applies to the processing operations on personal data carried out by the Agency for the purposes of: conducting administrative inquiries and disciplinary proceedings, preliminary activities related to cases of potential irregularities reported to OLAF, processing whistleblowing cases, implementing (formal and informal) procedures for cases of harassment, processing internal and external complaints, conducting internal audits, investigations carried out by the Data Protection Officer in line with Article 45(2) of Regulation (EU) 2018/1725 and (IT) security investigations handled internally or with external involvement (e.g. CERT-EU) and the handling of requests for access by staff members to their medical files.

3.   The categories of data concerned are hard data (‘objective’ data such as identification data, contact data, professional data, administrative details, data received from specific sources, electronic communications and traffic data) and/or soft data (‘subjective’ data related to the case such as reasoning, behavioural data, appraisals, data related to performance and conduct and data related to or brought forward in connection with the subject matter of the procedure or activity).

4.   Where EASO performs its duties with respect to the data subject’s rights under Regulation (EU) 2018/1725, it shall consider whether any of the exemptions laid down in that Regulation apply.

5.   Subject to the conditions set out in this Decision, the restrictions may apply to the following rights: right of information to be provided to the data subject, right of access by the data subject, right of the data subject to rectification, erasure and restriction of processing and rights to communication of a personal data breach to the data subject and confidentiality of electronic communications.

1.   EASO shall put in place the following safeguards to prevent abuse or unlawful access or transfer:

2.   The controller of the processing operations is EASO, represented by its Executive Director, who may delegate the function of the controller. In cases where the Executive Director is subject to administrative inquiry, disciplinary proceeding or internal investigation, the Management Board shall represent EASO as the data controller (as appointing authority for the Executive Director).Data subjects shall be informed of the delegated controller by means of data protection notices or records published on the EASO’s website and intranet.

3.   The retention period of the personal data referred to in Article 1(3) of this Decision shall be no longer than necessary and appropriate for the purposes for which the data are processed. It shall in any event not be longer than the retention period specified in the data protection notices, or records referred to in Article 3(3) of this Decision.

4.   Where the Agency considers applying a restriction, the risk to the rights and freedoms of the data subject shall be weighed, in particular, against the risk to the rights and freedoms of other data subjects and the risk of undermining the effectiveness of EASO’s investigations or procedures in particular by destroying evidence. The risks to the rights and freedoms of the data subject concern primarily, but are not limited to, reputational risks and risks to the right of defence and the right to be heard.

1.   Any restriction shall only be applied by EASO on the basis of one or more of the grounds listed in points (a) to (i) of Article 25(1) of Regulation (EU) 2018/1725. In particular, in the context of the purposes of processing personal data indicated in Article 1(2) of this Decision, restrictions may be based on the following grounds:

2.   As a specific application of the purposes described in paragraph 1 above, EASO may apply restrictions on the rights referred to in Article 1(5) of this Decision in the following circumstances:

Before applying restrictions in the circumstances referred to in points (a) and (b) of the first subparagraph, EASO shall consult the relevant Union institution, body, office or agency or the competent authority of a Member State unless it is clear to EASO that the application of a restriction is provided for by one of the acts referred to in those points.

3.   EASO shall include in the data protection notices or records in the sense of Article 31 of Regulation (EU) 2018/1725, published on its website and intranet, informing data subjects of their rights in the framework of a given procedure, information relating to the potential restriction of these rights. The information shall indicate which rights may be restricted, the reasons and the potential duration.

Without prejudice to the provisions of Article 5(2), EASO, where proportionate, shall also inform individually all data subjects, which are considered persons concerned in the specific processing operation, of their rights concerning present or future restrictions without undue delay and in a written form.

4.   Any restriction shall be necessary and proportionate taking into account the risks to the rights and freedoms of data subjects and respect the essence of the fundamental rights and freedoms in a democratic society.

5.   If the application of restriction is considered, a necessity and proportionality test shall be carried out on the basis of the present rules. It shall be documented through an internal assessment note for accountability purposes on a case by case basis.

6.   Restrictions shall be lifted as soon as the circumstances that justify them no longer apply. In particular, where it is considered that the exercise of the restricted right would no longer cancel the effect of the restriction imposed or adversely affect the rights or freedoms of other data subjects.

1.   The Data Protection Officer of EASO (‘the DPO’) shall be informed without undue delay whenever the controller restricts the application of data subjects’ rights, or extends the restriction, in accordance with this Decision. The controller shall provide the DPO access to the record containing the assessment of the necessity and proportionality of the restriction and document the date of informing the DPO in the record. The DPO shall be involved throughout the entire procedure until the restriction has been lifted.

2.   The DPO may request the controller in writing to review the application of the restrictions. The controller shall inform the DPO in writing about the outcome of the requested review.

3.   The controller shall inform the DPO when the restriction has been lifted.

1.   In duly justified cases and under the conditions stipulated in this Decision, the right of information to be provided to the data subject may be restricted by the controller in the context of the following processing operations:

2.   Where EASO restricts, wholly or partly, the right of information to be provided to the data subjects referred to in Articles 14 to 16 of Regulation (EU) 2018/1725, it shall record the reasons for the restriction, the legal ground(s) in accordance with Article 3 of this Decision, including an assessment of the necessity and proportionality of the restriction.

The record and, where applicable, the documents containing underlying factual and legal elements shall be registered. They shall be made available to the European Data Protection Supervisor on request.

3.   The restriction referred to in paragraph 2 shall continue to apply as long as the reasons justifying it remain applicable.

Where the reasons for the restriction no longer apply, EASO shall provide information to the data subject on the principal reasons on which the application of a restriction is based. At the same time, EASO shall inform the data subject of the right of lodging a complaint with the European Data Protection Supervisor at any time or of seeking a judicial remedy before the Court of Justice of the European Union (the ‘Court of Justice’).

EASO shall review the application of the restriction every six months from its adoption and at the closure of the relevant inquiry, procedure or investigation. Thereafter, the controller shall monitor the need to maintain any restriction every six months. The necessity and proportionality test referred to in Article 3(5) shall also be conducted in the context of each periodic review, following an assessment of whether the factual and legal reasons for a restriction still apply.

1.   In duly justified cases and under the conditions stipulated in this Decision, the right of access by the data subject may be restricted by the controller in the context of the following processing operations, where necessary and proportionate:

Where data subjects request access to their personal data processed in the context of one or more specific cases or to a particular processing operation, in accordance with Article 17 of Regulation (EU) 2018/1725, EASO shall limit its assessment of the request to such personal data only.

2.   Where EASO restricts, wholly or partly, the right of access, referred to in Article 17 of Regulation (EU) 2018/1725, it shall take the following steps:

Restrictions imposed on the right of access of staff members to their medical files shall only concern requests for direct access by staff members to medical data of psychological or psychiatric nature where an assessment made on a case-by-case basis reveals that indirect access is necessary for the protection of the data subject. Access to such data shall be given through the intermediary of a doctor appointed by the data subject concerned. The doctor of the data subject’s choice shall be given access to all the information and discretionary power to decide how and what access to provide to the data subject.

The provision of information referred to in point (a) may be deferred, omitted or denied if it would cancel the effect of the restriction in accordance with Article 25(8) of Regulation (EU) 2018/1725.

EASO shall review the application of the restriction every six months from its adoption and at the closure of the relevant inquiry, procedure or investigation. Thereafter, the controller shall monitor the need to maintain any restriction every six months.

The necessity and proportionality test referred to in Article 3(5) shall also be conducted in the context of each periodic review, following an assessment of whether the factual and legal reasons for a restriction still apply

3.   The record and, where applicable, the documents containing underlying factual and legal elements shall be registered. They shall be made available to the European Data Protection Supervisor upon request.

1.   In duly justified cases and under the conditions stipulated in this Decision, the rights of the data subject to rectification, erasure and restriction of processing may be restricted by the controller in the context of the following processing operations, where necessary and appropriate:

2.   Where EASO restricts, wholly or partly, the application of the rights of the data subject to rectification, erasure and restriction of processing referred to in Articles 18, 19(1) and 20(1) of Regulation (EU) 2018/1725 respectively, it shall take the steps set out in Article 6(2) of this Decision and register the record in accordance with Article 6(3) thereof.

1.   In duly justified cases and under the conditions stipulated in this Decision, the right to communication of a personal data breach to the data subject may be restricted by the controller in the context of the following processing operations, where necessary and appropriate:

2.   In duly justified cases and under the conditions stipulated in this Decision, the right to confidentiality of electronic communications may be restricted by the controller in the context of the following processing operations, where necessary and appropriate:

3.   Where EASO restricts the rights to communication of a personal data breach to the data subject or confidentiality of electronic communications referred to in Articles 35 and 36 of Regulation (EU) 2018/1725 respectively, it shall record and register the reasons for the restriction in accordance with Article 5(2) of this Decision. Article 5(3) of this Decision shall also apply.