### the average wholesale charge that the visited network operator may levy on the roaming provider for the provision of a regulated roaming call originating on that visited network , inclusive , among others , of origination , transit and termination costs , shall not exceed a safeguard limit of eur 0 . 04 per minute as of 15 june 2017 and shall , without prejudice to article 19 , remain at eur 0 . 04 until 30 june 2022 . ### the average wholesale charge that the visited network operator may levy on the roaming provider for the provision of a regulated roaming call originating on that visited network , inclusive , among others , of origination , transit and termination costs , shall not exceed a safeguard limit of eur 0 . 03 per minute as of 15 june 2017 and shall , without prejudice to article 19 , remain at eur 0 . 03 until 30 june 2022 .


### with effect from 15 june 2017 , the average wholesale charge that the visited network operator may levy on the roaming provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of eur 0 . 0085 per megabyte of data transmitted and shall , without prejudice to article 19 , remain at eur 0 . 0085 per megabyte of data transmitted until 30 june 2022 . ### with effect from 15 june 2017 , the average wholesale charge that the visited network operator may levy on the roaming provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of eur 8 . 5 per gigabyte of data transmitted . the safeguard limit shall , on 1 july 2018 , decrease to eur 4 per gigabyte of data transmitted , on 1 july 2019 to eur 3 per gigabyte of data transmitted , and , without prejudice to article 19 , on 1 july 2020 , to eur 2 per gigabyte of data transmitted , and on 1 july 2021 , to eur 1 per gigabyte of data transmitted . it shall remain at eur 1 per gigabyte of data transmitted until 30 june 2025 .


### with effect from 15 june 2017 , the average wholesale charge that the visited network operator may levy on the roaming provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of eur 0 . 0085 per megabyte of data transmitted and shall , without prejudice to article 19 , remain at eur 0 . 0085 per megabyte of data transmitted until 30 june 2022 . ### with effect from 15 june 2017 , the average wholesale charge that the visited network operator may levy on the roaming provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of eur 5 per gigabyte of data transmitted . the safeguard limit shall , on 1 july 2018 , decrease to eur 4 per gigabyte of data transmitted , on 1 july 2019 to eur 3 per gigabyte of data transmitted , and , without prejudice to article 19 , on 1 july 2020 , to eur 2 per gigabyte of data transmitted , and on 1 july 2021 , to eur 1 per gigabyte of data transmitted . it shall remain at eur 1 per gigabyte of data transmitted until 30 june 2022 .


### with effect from 15 june 2017 , the average wholesale charge that the visited network operator may levy on the roaming provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of eur 0 . 0085 per megabyte of data transmitted and shall , without prejudice to article 19 , remain at eur 0 . 0085 per megabyte of data transmitted until 30 june 2022 . ### with effect from 15 june 2017 , the average wholesale charge that the visited network operator may levy on the roaming provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of eur 2 . 5 per gigabyte of data transmitted . this safeguard limit shall , on 1 july 2018 , decrease to eur 2 per gigabyte of data transmitted , on 1 july 2019 to eur 1 . 5 per gigabyte of data transmitted , and on 1 july 2020 , to eur 1 per gigabyte of data transmitted . it shall remain , without prejudice to article 19 , at eur 1 per gigabyte of data transmitted until 30 june 2022 .


### the commission shall establish a stakeholder network through an open call for applications and a selection of suitable stakeholder organisations based on selection criteria established in the open call for applications . ### the commission shall establish a stakeholder network through an open call for applications and a selection of suitable stakeholder organisations based on selection criteria established in the open call for applications . the commission services shall take the following criteria into account when assessing applications : demonstrated current or planned engagement in hta development ; professional expertise relevant to the aims of the pool at eu level ; geographical coverage of several member states , with preference for a balanced coverage ;


### the designated sub - group shall request relevant health technology developers to submit documentation containing the information , data and evidence necessary for the joint clinical assessment . ### the designated sub - group shall meet relevant health technology developers to agree on the scope of the assessment and submit documentation from relevant sources including clinical trials but also inter alia patient registries , databases or european reference networks , containing the information , data and evidence necessary for the joint clinical assessment .


### the coordination group shall act by consensus , or , where necessary , vote by simple majority . there shall be one vote per member state . ### the coordination group shall act by consensus , or , where no consensus is reached , vote by 2 / 3 majority . the documentation shall be transparent , and votes documented . dissensions and minority opinion shall be motivated and included in the assessment . there shall be one vote per member state .


### in order to ensure a uniform approach to the joint work provided for in this regulation , implementing powers should be conferred on the commission to establish a common procedural and methodological framework for clinical assessments , procedures for joint clinical assessments and procedures for joint scientific consultations . where appropriate , distinct rules should be developed for medicinal products and medical devices . in the development of such rules , the commission should take into account the results of the work already undertaken in the eunethta joint actions . it should also take into account initiatives on hta funded through the horizon 2020 research programme , as well as regional initiatives on hta such as the beneluxa and valletta declaration initiatives . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council . 13 __________________ 13 regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by the member states of the commission ' s exercise of implementing powers . ### in order to ensure a uniform approach to the joint work provided for in this regulation , implementing powers should be conferred on the commission to establish , after consulting the coordination group , a common procedural and methodological framework for clinical assessments , procedures for joint clinical assessments and procedures for joint scientific consultations . where appropriate , distinct rules should be developed for medicinal products and medical devices . in the development of such rules , the commission and the coordination group should take into account the results of the work already undertaken in the eunethta joint actions and in particular the methodological guidelines and evidence submission template . it should also take into account initiatives on hta funded through the horizon 2020 research programme , as well as regional initiatives on hta such as the beneluxa and valletta declaration initiatives . the procedural and methodological frameworks should be updated at the frequency deemed necessary by the commission and the coordination group to ensure that those frameworks are adapted to scientific evolution . in developing the methodological framework , the commission , in collaboration with the coordination group , should consider the specificity and corresponding challenges of certain types of health technologies , advanced therapies or life - prolonging therapies where innovative clinical study designs may be required . these may result in evidential uncertainty at the time of the marketing authorisation . as such innovative clinical study designs are often accepted for the purposes of regulatory assessments , the methodology for joint clinical assessments should not prevent these health technologies from reaching patients . the commission and the coordination group should therefore ensure that the methodology provides for a high standard of clinical evidence , while preserving the necessary flexibility , to enable an adequate assessment of such health technologies . such clinical evidence should include the acceptance of the best available scientific evidence at the time of the submission , including , for instance , data from case control studies , real world observational data , as well as the acceptance of indirect treatment comparators . the methodological rules to be developed should cover the possibilities for improvement of clinical evidence in the cases where further scientific evidence is nevertheless needed . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council . 13 __________________ 13 regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by the member states of the commission ' s exercise of implementing powers .


### in order to ensure a wide application of harmonised rules on clinical aspects of hta and enable pooling of expertise and resources across hta bodies , it is appropriate to require joint clinical assessments to be carried out for all medicinal products undergoing the central marketing authorisation procedure provided for under regulation no 726 / 2004 of the european parliament and of the council , 11 which incorporate a new active substance , and where those medicinal products are subsequently authorised for a new therapeutic indication . joint clinical assessments should also be carried out on certain medical devices within the meaning of regulation 2017 / 745 of the european parliament and of the council12 which are in the highest risk classes and for which the relevant expert panels have provided their opinions or views . a selection of medical devices for joint clinical assessment should be made based on specific criteria . _________________ 11 regulation no 726 / 2004 of the european parliament and of the council of 31 march 2004 laying down community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a european medicines agency . 12 regulation 2017 / 745 of the european parliament and of the council of 5 april 2017 on medical devices , amending directive 2001 / 83 / ec , regulation no 178 / 2002 and regulation no 1223 / 2009 and repealing council directives 90 / 385 / eec and 93 / 42 / eec . ### in order to ensure a wide application of harmonised rules on clinical aspects of hta and enable pooling of expertise and resources across hta bodies , it is appropriate to require joint clinical assessments to be carried out for all medicinal products undergoing the central marketing authorisation procedure provided for under regulation no 726 / 2004 of the european parliament and of the council , 11 which incorporate a new active substance , and where those medicinal products are subsequently authorised for a new therapeutic indication . joint clinical assessments should also be carried out on certain medical devices within the meaning of regulation 2017 / 745 of the european parliament and of the council12 given the need for greater clinical evidence concerning all of these new technologies . _________________ 11 regulation no 726 / 2004 of the european parliament and of the council of 31 march 2004 laying down community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a european medicines agency . 12 regulation 2017 / 745 of the european parliament and of the council of 5 april 2017 on medical devices , amending directive 2001 / 83 / ec , regulation no 178 / 2002 and regulation no 1223 / 2009 and repealing council directives 90 / 385 / eec and 93 / 42 / eec .


### in order that the harmonised procedures fulfil their internal market objective , member states should be required to take full account of the results of joint clinical assessments and not repeat those assessments . compliance with this obligation does not prevent member states from carrying out non - clinical assessments on the same health technology , or from drawing conclusions on the added value of the technologies concerned as part of national appraisal processes which may consider clinical as well as non - clinical data and criteria . it also does not prevent member states from forming their own recommendations or decisions on pricing or reimbursement . ### in order that the harmonised procedures fulfil their internal market objectives , increase the efficiency of clinical evaluations , contribute to the sustainability of healthcare systems and maximise innovation , member states should be required to take full account of the joint clinical assessment results . compliance with this obligation does not prevent member states from carrying out additional clinical analyses to the extent that they are missing from the joint clinical assessment and are deemed necessary within the national health technology assessment context . member states remain free to carry out non - clinical assessments on the same health technology , or from drawing conclusions on the added value of the technologies concerned as part of national appraisal processes which may consider clinical as well as non - clinical data and criteria . it also does not prevent member states from forming their own recommendations or decisions on pricing or reimbursement .


### submissions of information , data and evidence by health technology developers ; ### submissions of information , data and evidence by health technology developers , including the protection of developers ' confidential information ;


### not carry out a clinical assessment or an equivalent assessment process on a health technology included in the list of assessed health technologies or for which a joint clinical assessment has been initiated ; ### not carry out a clinical assessment or an equivalent assessment process on a health technology included in the list of assessed health technologies or for which a joint clinical assessment has been initiated . member states shall have the right to add clinical evidence in the joint clinical assessment report in accordance with their national context . additional clinical evidence can complement the conclusions reached in the joint clinical assessment report .


### member states shall notify the commission of the outcome of a health technology assessment on a health technology which has been subject to a joint clinical assessment within 30 days from its completion . that notification shall be accompanied by information on how the conclusions of the joint clinical assessment report have been applied in the overall health technology assessment . the commission shall facilitate the exchange of this information between member states through the it platform referred to in article 27 . ### member states shall notify the commission of the outcome of a health technology assessment on a health technology which has been subject to a joint clinical assessment within 30 days from its completion . that notification shall be accompanied by information on how the conclusions of the joint clinical assessment report have been applied in the overall health technology assessment . the final report shall be made publicly available . the commission shall facilitate the exchange of this information between member states through the it platform referred to in article 27 .


### establishment of multi - annual union programmes ### establishment of a multi - annual union programme


### if a member state refuses to provide data under article 16 , the end - user may request the commission to review the refusal . if the commission finds that the refusal is not duly justified , it may require the member state to supply the data to the end - user within one month . ### if a member state refuses to provide data under article 16 within six months of a request being made , the end - user may request the commission to review the refusal within one month . if the commission , within one month , finds that the refusal is not duly justified , it may require the member state to supply the data to the end - user within one month .


### the commission shall approve the work plans and the amendments thereto made in accordance with article 8 on the basis of the evaluation by the stecf . ### the commission shall approve the work plans and the amendments thereto made in accordance with article 8 on the basis of the evaluation by the stecf no later than two months after receiving the work plans , and in any event no later than the end of the year .


### the conditions under which masters of union fishing vessels are obliged to accept on board scientific observers , as referred to in paragraph 2 and alternative data collection methods , and rules for member states to monitor and report on those conditions and methods . ### the conditions under which masters of union fishing vessels are obliged to accept on board scientific observers as referred to in paragraph 2 , and alternative data collection methods in cases in which , for duly justified reasons , it is not possible for on board observers to be present , and rules for member states to monitor and report on those conditions and methods .


### multi - annual union programmes shall be established after consulting the regional co - ordination groups referred to in article 8 , the scientific , technical and economic committee for fisheries and any other relevant scientific advisory body . ### the multi - annual union programme shall be established after consulting the regional co - ordination groups referred to in article 8 , the scientific , technical and economic committee for fisheries and any other relevant scientific advisory body .


### the commission shall be empowered to adopt , in accordance with article 23 , delegated acts establishing multi - annual union programmes for the collection and management of biological , technical , environmental , social and economic data concerning the fisheries sector . ### the commission shall be empowered to adopt , in accordance with article 23 , delegated acts establishing a multi - annual union programme for the collection and management of biological , technical , environmental , social and economic data concerning the fisheries sector .


### the definition of ‘ recreational fisheries’ should include all non - commercial fisheries , irrespective of their specific purpose , in order to cover all forms of fisheries that may affect fish stocks . ### the definition of ‘ recreational fisheries’ should include all non - commercial fisheries , irrespective of their specific purpose , in order to cover all forms of fisheries ; it is essential , therefore , that harmonised data drawn up in accordance with proper , standardised statistical principles should be available so that the impact on ecosystems and fish stocks can be assessed and taken into account in the context of regional management .


### directive 2008 / 106 / ec also contains a centralised mechanism for the recognition of seafarers ' certificates issued by third countries . the regulatory fitness programme evaluation14 showed that significant cost savings for the member states were achieved since the introduction of the centralised mechanism . however , the evaluation also revealed that , with regard to some of the recognised third countries , only a very limited number of seafarers was subsequently employed in union vessels . therefore , in order to use the available human and financial resources in a more efficient way , the procedure for the recognition of third countries should be based on an analysis of the need for such recognition , including an estimation of the number of masters and officers originating from that country who are likely to be employed in union vessels . _______________________________ 14 swd19 ### directive 2008 / 106 / ec also contains a centralised mechanism for the recognition of seafarers ' certificates issued by third countries . the regulatory fitness programme evaluation14 showed that significant cost savings for the member states were achieved since the introduction of the centralised mechanism . however , the evaluation also revealed that , with regard to some of the recognised third countries , only a very limited number of endorsements attesting to the recognition of certificates were issued by member states in relation to certificates of competency or certificates of proficiency issued by those third countries . _________________________________ 14 swd19


### if there are no endorsements attesting recognition issued by a member state in relation to certificates of competency or certificates of proficiency , referred to in paragraph 1 of article 19 , issued by a third country for a period of more than 5 years , the recognition of that country ' s certificates shall be withdrawn . to this end , the commission shall adopt implementing decisions , in accordance with the examination procedure referred to in article 28 , after notifying the member states as well as the third country concerned at least two months in advance . ### if there are no endorsements attesting recognition issued by a member state in relation to certificates of competency or certificates of proficiency , referred to in paragraph 1 of article 19 , issued by a third country for a period of more than 8 years , the recognition of that country ' s certificates shall be withdrawn . to this end , the commission shall adopt implementing decisions , in accordance with the examination procedure referred to in article 28 , after notifying the member states as well as the third country concerned at least two months in advance .


### a member state which intends to recognise , by endorsement , the certificates of competency or the certificates of proficiency referred to in paragraph 1 issued by a third country to a master , officer or radio operator , for service on ships flying its flag , shall submit a request to the commission for the recognition of that third country , accompanied by a preliminary analysis of the third country ' s compliance with the requirements of the stcw convention by collecting the information referred to in annex ii , including an estimation of the number of masters and officers from that country likely to be employed . ### a member state which intends to recognise , by endorsement , the certificates of competency or the certificates of proficiency referred to in paragraph 1 issued by a third country to a master , officer or radio operator , for service on ships flying its flag , shall submit a request to the commission for the recognition of that third country , accompanied by a preliminary analysis of the third country ' s compliance with the requirements of the stcw convention by collecting the information referred to in annex ii , including an estimation , where possible , of the number of masters and officers from that country likely to be employed .


### every member state shall accept certificates of proficiency and documentary evidence issued by another member state , or under its authority , for the purpose of allowing seafarers to serve on - board its fleet . ### every member state shall accept certificates of proficiency and documentary evidence issued by another member state , or under its authority , on paper or in electronic format , for the purpose of allowing seafarers to serve on board vessels in its fleet .


### for the purposes of paragraph 8 of article 20 , paragraph 2 of article 21 and for use by the member states and the commission in policy - making , member states shall submit to the commission , on a yearly basis , the information referred to in annex v to this directive on certificates of competency and endorsements attesting the recognition of certificates of competency . they may also provide , on a voluntary basis , the information on certificates of proficiency issued to ratings in accordance with chapters ii , iii and vii of the annex to the stcw convention . ### for the purposes of paragraph 8 of article 20 and paragraph 2 of article 21 , as well as to facilitate the implementation of article 8 , the commission shall create , manage and update a database to which all the member states shall be connected , and which shall contain all the information referred to in annex v to this directive on certificates of competency and endorsements attesting the recognition of certificates of proficiency issued in accordance with regulations v / 1 - 1 and v / 1 - 2 of the stcw convention .


### following the submission of the request by a member state , a decision for initiating the recognition procedure for that third country shall be taken by the commission . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 28 . ### following the submission of the request by a member state , the commission shall initiate the recognition procedure for that third country .


### in order to apply article 14 , the determining authority shall review the refugee status in particular : ### in applying article 14 , the determining authority may review the refugee status , in particular where information on countries of origin at union level as referred to in article 8 of regulation no xxx / xx [ regulation on the european union agency for asylum ] and common analysis of country of origin information as referred to in article 10 of that regulation indicate a significant change in the country of origin which is relevant for the protection needs of the applicant .


### without prejudice to the geneva convention and the european convention on human rights , an applicant who files a subsequent application in accordance with article 42 of regulation xxx / xxx [ procedures regulation ] shall not normally be granted refugee status or subsidiary protection status if the risk of persecution or the serious harm is based on circumstances which the applicant has created by his or her own decision since leaving the country of origin . ### provided that any decision taken is fully in line with the geneva convention , the european convention for the protection of human rights and fundamental freedoms and the charter of fundamental rights of the european union , an applicant who files a subsequent application in accordance with article 42 of regulation xxx / xxx [ procedures regulation ] may be refused refugee status or subsidiary protection status if the risk of persecution or the serious harm is based on circumstances which the applicant has created by his or her own decision since leaving the country of origin .


### there are reasonable grounds for regarding him or her as a danger to the security of the member state in which he or she is present ; ### there are reasonable grounds for regarding him or her as a danger to the security of the member state in which he or she is present , based on a final judgment convicting him or her for a particular serious crime ;


### for beneficiaries of refugee status , the residence permit shall have a period of validity of three years and be renewable thereafter for periods of three years . ### for beneficiaries of refugee status , the residence permit shall have a period of validity of five years and be renewable thereafter for periods of five years .


### depending on the circumstances in the country of origin , the concept might include a group based on a common characteristic of sexual orientation ; gender related aspects , including gender identity , shall be given due consideration for the purposes of determining membership of a particular social group or identifying a characteristic of such a group ; ### depending on the circumstances in the country of origin , the concept shall include a group based on a common characteristic of sexual orientation and gender related aspects , including gender identity , gender expression and sex characteristics . those aspects shall be given due consideration for the purposes of determining membership of a particular social group or identifying a characteristic of such a group ;


### in order to facilitate the integration of beneficiaries of international protection into society , beneficiaries of international protection shall have access to integration measures provided by the member states , in particular language courses , civic orientation and integration programs and vocational training which take into account their specific needs . ### in order to facilitate the integration of beneficiaries of international protection into society , beneficiaries of international protection shall have free and effective access to integration measures provided by the member states , in particular language courses , civic orientation and integration programs and vocational training which take into account their specific needs .


### in order to apply article 20 , the determining authority shall review the subsidiary protection status in particular ### in applying article 20 , the determining authority may review the subsidiary protection status , in particular where information on countries of origin at union level as referred to in article 8 of regulation no xxx / xx [ regulation on the european union agency for asylum ] and common analysis of country of origin information as referred to in article 10 of that regulation indicate a significant change in the country of origin which is relevant for the protection needs of the applicant .


### without prejudice to the geneva convention and the european convention on human rights , an applicant who files a subsequent application in accordance with article 42 of regulation xxx / xxx [ procedures regulation ] shall not normally be granted refugee status or subsidiary protection status if the risk of persecution or the serious harm is based on circumstances which the applicant has created by his or her own decision since leaving the country of origin . ### provided that any decision taken is fully in line with the geneva convention , the european convention for the protection of human rights and fundamental freedoms and the charter of fundamental rights of the european union , an applicant who files a subsequent application in accordance with article 42 of regulation xxx / xxx [ procedures regulation ] may be refused refugee status or subsidiary protection status if the risk of persecution or the serious harm is based on circumstances which the applicant has created by his or her own decision since leaving the country of origin . this exclude any circumstances independent of applicant ' s decision - making , including but not limited to their sexual orientation , and religious beliefs , which he or she may have manifestly adhered to in various degrees while in country of origin .


### when assessing if an applicant has a well - founded fear of being persecuted , the determining authority cannot reasonably expect an applicant to behave discreetly or abstain from certain practices , where such behaviour or practices are inherent to his or her identity , to avoid the risk of persecution in his or her country of origin . ### when assessing if an applicant has a well - founded fear of being persecuted , the determining authority cannot reasonably expect an applicant to behave discreetly or abstain from certain practices , where such behaviour or practices are inherent to his or her identity or conscience , to avoid the risk of persecution in his or her country of origin .


### in situations referred to in points to of paragraph 1 , the determining authority may decide not to grant status to a refugee , where such a decision has not yet been taken . ### in the situations referred to in point of paragraph 1 , the determining authority may decide not to grant status to a refugee , where such a decision has not yet been taken .


### provided they are willing and able to offer protection in accordance with paragraph 2 . ### as long as they are willing and able to provide protection in accordance with paragraph 2 .


### competent authorities shall issue travel documents to beneficiaries of refugee status , in the form set out in the schedule to the geneva convention and with the minimum security features and biometrics outlined in council regulation no 2252 / 200445 . those travel documents shall be valid for at least one year . __________________ 45 council regulation no 2252 / 2004 of 13 december 2004 on standards for in passports and travel documents issued by member states ### competent authorities shall issue travel documents to beneficiaries of refugee status , in the form set out in the schedule to the geneva convention and with the minimum security features and biometrics outlined in council regulation no 2252 / 200445 . those travel documents shall be valid for at least five years . __________________ 45 council regulation no 2252 / 2004 of 13 december 2004 on standards for in passports and travel documents issued by member states


### as part of the assessment of the application for international protection , the determining authority shall determine that an applicant is not in need of international protection if he or she can safely and legally travel to and gain admittance to a part of the country of origin and can reasonably be expected to settle there and if , in that part of the country , he or she : ### as part of the assessment of the application for international protection , and provided that the state or agents of the state are not the actors of persecution or serious harm , the determining authority may determine that an applicant is not in need of international protection if he or she can safely and legally travel to and gain admittance to a part of the country of origin and can reasonably be expected to settle there and if , in that part of the country , he or she :


### - members share an innate characteristic , or a common background that cannot be changed , or share a characteristic or belief that is so fundamental to identity or conscience that a person should not be forced to renounce it , and ### - members share an innate characteristic , or a common background that cannot be changed , or share a characteristic or belief that is so fundamental to identity or conscience that a person should not be forced to renounce it , or


### the competent authorities shall provide beneficiaries of international protection with information on the rights and obligations relating to refugee status or subsidiary protection status , as soon as possible after that has been granted . that information shall be provided in a language that the beneficiary can understand or is reasonably supposed to understand and shall make explicit references to the consequences of not complying with the obligations outlined in article 28 on movement within the union . ### the competent authorities shall provide beneficiaries of international protection with information on the rights and obligations relating to refugee status or subsidiary protection status , as soon as possible after that has been granted . that information shall be provided in a language that the beneficiary can understand or is reasonably supposed to understand and shall make explicit references to the consequences of not complying with the obligations outlined in article 28 on movement within the union and to all the rights related to integration set out in section iii of this regulation .


### actors of persecution or serious harm can only be : ### actors of persecution or serious harm can be :


### persons to whom points to of paragraph 1 or paragraph 2 apply shall be entitled to rights set out in or similar to those set out in articles 3 , 4 , 16 , 22 , 31 , 32 and 33 of the geneva convention in so far as they are present in the member state . ### persons to whom point of paragraph 1 or paragraph 2 applies shall be entitled to rights set out in or similar to those set out in articles 3 , 4 , 16 , 22 , 31 , 32 and 33 of the geneva convention in so far as they are present in the member state .


### when considering the general circumstances prevailing in that part of the country which is the source of the protection as referred to in article 7 , the accessibility , effectiveness and durability of that protection shall be taken into account . when considering personal circumstances of the applicant , health , age , gender , sexual orientation , gender identity and social status shall in particular be taken into account together with an assessment of whether living in the part of the country of origin regarded as safe would not impose undue hardship on the applicant . ### when considering the general circumstances prevailing in that part of the country which is the source of the protection as referred to in article 7 , the accessibility , effectiveness and durability of that protection shall be taken into account . when considering personal circumstances of the applicant , health , age , gender , sexual orientation , gender identity , ethnic origin , membership of a national minority , health and social status shall in particular be taken into account together with an assessment of whether living in the part of the country of origin regarded as safe would not impose undue hardship on the applicant .


### a serious and individual threat to a civilian’s life or person by reason of indiscriminate violence in situations of international or internal armed conflict . ### a serious threat to a civilian’s life or person by reason of indiscriminate violence in situations of international or internal armed conflict .


### protection against persecution or serious harm shall be effective and of a non - temporary nature . that protection shall be considered to be provided when the actors referred to in paragraph 1 take reasonable steps to prevent the persecution or suffering of serious harm , among others , by operating an effective legal system for the detection , prosecution and punishment of acts constituting persecution or serious harm , and when the applicant has access to that protection . ### protection against persecution or serious harm shall be effective and of a non - temporary nature .


### paragraphs 1 and 2 shall apply also to micro or small enterprises as end - users unless they have explicitly agreed to waive all or parts of those provisions , ### paragraphs 1 , 2 and 6 shall apply also to micro or small enterprises and not - for - profit organisations as end - users unless they have expressly agreed to waive all or parts of those provisions ,


### member states shall ensure that caller location information is available to the psap without delay after the emergency communication is set up . member states shall ensure that the establishment and the transmission of the caller location information are free of charge for the end - user and to the authority handling the emergency communication with regard to all emergency communications to the single european emergency number ‘ 112’ . member states may extend that obligation to cover emergency communications to national emergency numbers . competent regulatory authorities shall lay down criteria for the accuracy and reliability of the caller location information provided . ### member states shall ensure that caller location information is available to the psap without delay after the emergency communication is set up . this shall include both network - based location information and if available , handset - derived caller location information . member states shall ensure that the establishment and the transmission of the caller location information are free of charge for the end - user and to the authority handling the emergency communication with regard to all emergency communications to the single european emergency number ‘ 112’ . member states may extend that obligation to cover emergency communications to national emergency numbers . competent regulatory authorities shall lay down criteria for the accuracy and reliability of the caller location information provided .


### ' interpersonal communications service’ means a service normally provided for remuneration that enables direct interpersonal and interactive exchange of information via electronic communications networks between a finite number of persons , whereby the persons initiating or participating in the communication determine its recipient ; it does not include services which enable interpersonal and interactive communication merely as a minor ancillary feature that is intrinsically linked to another service ; ### ' interpersonal communications service ' means a service normally provided for remuneration where the principal purpose of the service is devoted to enabling direct interpersonal and interactive exchange of information via electronic communications networks between a finite number of persons , whereby the persons initiating or participating in the communication determine its recipient ;


### member states shall ensure that caller location information is available to the psap without delay after the emergency communication is set up . member states shall ensure that the establishment and the transmission of the caller location information are free of charge for the end - user and to the authority handling the emergency communication with regard to all emergency communications to the single european emergency number ‘ 112’ . member states may extend that obligation to cover emergency communications to national emergency numbers . competent regulatory authorities shall lay down criteria for the accuracy and reliability of the caller location information provided . ### member states shall ensure that caller location information is made available to the psap without delay after the emergency communication is set up . this shall include both network - based location information and , where technically feasible , handset - derived caller location information . member states shall ensure that the establishment and the transmission of the end - user location information are free of charge for the end - user and to the psap with regard to all emergency communications to the single european emergency number ' 112 ' . this shall not prevent competent regulatory authorities from laying down criteria for the accuracy and reliability of the caller location information provided .


### ' interpersonal communications service’ means a service normally provided for remuneration that enables direct interpersonal and interactive exchange of information via electronic communications networks between a finite number of persons , whereby the persons initiating or participating in the communication determine its recipient ; it does not include services which enable interpersonal and interactive communication merely as a minor ancillary feature that is intrinsically linked to another service ; ### ' interpersonal communications service’ means a service normally provided for remuneration that enables direct interpersonal and interactive exchange of information via electronic communications networks between a finite number of persons , whereby the persons initiating or participating in the communication determine its recipient ;


### member states shall ensure that undertakings providing public communications networks or publicly available electronic communications services take appropriate technical and organisational measures to appropriately manage the risks posed to security of networks and services . having regard to the state of the art , these measures shall ensure a level of security appropriate to the risk presented . in particular , measures shall be taken to prevent and minimise the impact of security incidents on users and on other networks and services . ### member states shall ensure that undertakings providing public communications networks or publicly available electronic communications services take appropriate technical and organisational measures to appropriately manage the risks posed to security of networks and services . having regard to the state of the art , these measures shall ensure a level of security appropriate to the risk presented . in particular , measures shall be taken to ensure that electronic communications content are encrypted from end - to - end by default , in order to prevent and minimise the impact of security incidents on users and on other networks and services .


### providers of internet access services and providers of publicly available number - based interpersonal communications services shall offer end - users the facility to monitor and control the usage of each of those services which is billed on the basis of either time or volume consumption . this facility shall include access to timely information on the level of consumption of services included in a tariff plan . ### providers of internet access services and providers of publicly available number - based interpersonal communications services shall offer consumers the facility to monitor and control the usage of each of those services which is billed on the basis of either time or volume consumption . this facility shall include access to timely information on the level of consumption of services included in a tariff plan .


### in the event that there is a match between data recorded in the central system and those used for search by a member state , the identity information against which a ' hit ' was recorded is provided together with the hit . that information should only be used to assist in confirming the identity of the third country national concerned . this may include the recording of such data in the national criminal record database of the querying member states as an alias of the third country national . ### in the event that there is a match between data recorded in the central system and those used for search by a member state , the identity information against which a ' hit ' was recorded is provided together with the hit . that information should only be used to assist in confirming the identity of the third country national concerned in order to verify that the recorded data is accurately assigned to the correct person to which the hit relates . this may include the recording of such data in the national criminal record database of the querying member states as an alias of the third country national .


### the convicting member state shall create the data record as soon as possible after the conviction was entered into the national criminal records register . ### the convicting member state shall systematically create the data record without delay and in any case within 24 hours of the conviction being entered into the national criminal records register .


### directive 2016 / 680 of the european parliament and of the council26 should apply to the processing of personal data by competent national authorities for the purposes of the prevention , investigation , detection or prosecution of criminal offences or the execution of criminal penalties , including the safeguarding against and the prevention of threats to public security . regulation 2016 / 679 of the european parliament and of the council27 should apply to the processing of personal data by national authorities provided that national provisions transposing directive 2016 / 680 do not apply . coordinated supervision should be ensured in accordance with article 62 of [ the new data protection regulation for union institutions and bodies ] . _________________ 26 directive 27 regulation 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 . ### directive 2016 / 680 of the european parliament and of the council26 should apply to the processing of personal data by competent national authorities for the purposes of the prevention , investigation , detection or prosecution of criminal offences or the execution of criminal penalties , including the safeguarding against and the prevention of threats to public security . regulation 2016 / 679 of the european parliament and of the council27 should apply to the processing of personal data by national authorities . coordinated supervision should be ensured in accordance with article 62 of [ the new data protection regulation for union institutions and bodies ] . _________________ 26 directive 27 regulation 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 .


### this regulation should therefore lay down rules on creating a centralised system containing personal data at the level of the union , the division of responsibilities between the member state and the organisation responsible for its development and maintenance , as well as any specific data protection provisions needed to supplement the existing data protection arrangements and provide for an adequate overall level of data protection and data security . the fundamental rights of the persons concerned should be protected as well . ### this regulation should therefore lay down rules on creating a centralised system containing and protecting personal data at the level of the union , the division of responsibilities between the member state and the organisation responsible for its development and maintenance , as well as any specific data protection provisions needed to supplement the existing data protection arrangements and provide for an adequate overall level of data protection , data security and the protection of the fundamental rights of the persons concerned .


### surname ; first name ; date of birth ; place of birth ; nationality or nationalities ; gender ; parents ' names ; where applicable previous names , pseudonym and / or alias name ; the code of the convicting member state ; ### surname ; first name ; date of birth ; place of birth ; nationality or nationalities ; gender ; where applicable previous names , pseudonym and / or alias name ; the code of the convicting member state ;


### data quality , including a mechanism and procedures to carry out data quality checks ; ### the technical specifications for data quality , including a mechanism and procedures to carry out data quality checks ;


### upon expiry of the retention period referred to in paragraph 1 , the central authority of the convicting member state shall erase the individual data record without delay from the central system , and in any event no later than one month after the expiry of that retention period . ### upon expiry of the retention period referred to in paragraph 1 , the central authority of the convicting member state shall permanently erase the individual data record without delay from the central system , and in any event no later than one month after the expiry of that retention period .


### if a member state has reason to believe that the data it has recorded in the central system are inaccurate or that data were processed in the central system in contravention of this regulation , it shall check the data concerned and , if necessary , amend them or delete them from the central system without delay . ### if a member state has reason to believe that the data it has recorded in the central system are inaccurate or that data were processed in the central system in contravention of this regulation , it shall check the data concerned and , if necessary , amend them or delete them from the central system immediately .


### prior to the design and development phase , a programme management board composed of a maximum of ten members shall be established by the management board of eu - lisa . it shall be composed of eight representatives appointed by the management board , the chair of the ecris - tcn system advisory group referred to in article 36 and one member appointed by the commission . the members appointed by the management board shall be elected only from those member states which are fully bound under union law by the legislative instruments governing the ecris and which will participate in the ecris - tcn system . the management board shall ensure that the representatives it appoints shall have the necessary experience and expertise in the development and management of it systems supporting judicial and criminal records authorities . the programme management board shall meet at least once every three months , and more often when necessary . it shall ensure the adequate management of the design and development phase of the ecris - tcn system . the programme management board shall submit written reports every month to eu - lisa’s management board on progress of the project . it shall have no decision - making power nor any mandate to represent the members of the management board . ### prior to the design and development phase , a programme management board composed of a maximum of ten members shall be established by the management board of eu - lisa . it shall be composed of seven representatives appointed by the management board , the chair of the ecris - tcn system advisory group referred to in article 36 , one member appointed by the commission and one member appointed by the european data protection supervisor . the members appointed by the management board shall be elected only from those member states which are fully bound under union law by the legislative instruments governing the ecris and which will participate in the ecris - tcn system . the management board shall ensure that the representatives it appoints shall have the necessary experience and expertise in the development and management of it systems supporting judicial and criminal records authorities . the programme management board shall meet at least once every three months , and more often when necessary . it shall ensure the adequate management of the design and development phase of the ecris - tcn system . the programme management board shall submit written reports every month to eu - lisa’s management board on progress of the project . it shall have no decision - making power nor any mandate to represent the members of the management board .


### prior to the design and development phase , a programme management board composed of a maximum of ten members shall be established by the management board of eu - lisa . it shall be composed of eight representatives appointed by the management board , the chair of the ecris - tcn system advisory group referred to in article 36 and one member appointed by the commission . the members appointed by the management board shall be elected only from those member states which are fully bound under union law by the legislative instruments governing the ecris and which will participate in the ecris - tcn system . the management board shall ensure that the representatives it appoints shall have the necessary experience and expertise in the development and management of it systems supporting judicial and criminal records authorities . the programme management board shall meet at least once every three months , and more often when necessary . it shall ensure the adequate management of the design and development phase of the ecris - tcn system . the programme management board shall submit written reports every month to eu - lisa’s management board on progress of the project . it shall have no decision - making power nor any mandate to represent the members of the management board . ### prior to the design and development phase , a programme management board composed of a maximum of ten members shall be established by the management board of eu - lisa . it shall be composed of seven representatives appointed by the management board from among its members or their alternates , the chair of the ecris - tcn system advisory group referred to in article 36 , a member representing eu - lisa appointed by its executive director and one member appointed by the commission . the members appointed by the management board shall be elected only from those member states which are fully bound under union law by the legislative instruments governing the ecris and which will participate in the ecris - tcn system . the management board shall ensure that the representatives it appoints shall have the necessary experience and expertise in the development and management of it systems supporting judicial and criminal records authorities . the programme management board shall meet at least once every three months , and more often when necessary . it shall ensure the adequate management of the design and development phase of the ecris - tcn system . the programme management board shall submit written reports every month to eu - lisa’s management board on progress of the project . it shall have no decision - making power nor any mandate to represent the members of the management board .


### europol [ and the european public prosecutor ' s office ] shall have direct access to the ecris - tcn system for the purpose of fulfilling their statutory tasks . ### authorised staff of europol [ and of the european public prosecutor ' s office ] shall have direct access to the ecris - tcn system for the purpose of fulfilling their statutory tasks .


### if a request is made to a member state other than the convicting member state , the authorities of the member state to which the request has been made shall check the accuracy of the data and the lawfulness of the data processing in the ecris - tcn system within a time limit of one month if that check can be done without consulting the convicting member state . otherwise , the member state other than the convicting member state shall contact the authorities of the convicting member state within 14 days and the convicting member state shall check the accuracy of the data and the lawfulness of the data processing within one month from the contact . ### if a request is made to a member state other than the convicting member state , the authorities of the member state to which the request has been made shall check the accuracy of the data and the lawfulness of the data processing in the ecris - tcn system within a time limit of one month if that check can be done without consulting the convicting member state . otherwise , the member state other than the convicting member state shall contact the authorities of the convicting member state within 14 days and the convicting member state shall check the accuracy of the data and the lawfulness of the data processing within one week from the contact .


### during the design and development phase , the ecris - tcn system advisory group referred to in article 36 shall be composed of the national ecris - tcn system project managers . during the design and development phase it shall meet at least once a month until the start of operations of the ecris - tcn system . it shall report after each meeting to the management board of eu - lisa . it shall provide the technical expertise to support the tasks of the management board and shall follow - up on the state of preparation of the member states . ### during the design and development phase , the ecris - tcn system advisory group referred to in article 36 shall be composed of the national ecris - tcn system project managers and chaired by eu - lisa . during the design and development phase it shall meet at least once a month until the start of operations of the ecris - tcn system . it shall report after each meeting to the management board of eu - lisa . it shall provide the technical expertise to support the tasks of the management board and shall follow - up on the state of preparation of the member states .


### ensure that all authorities with a right of access to the ecris - tcn system create profiles describing the functions and responsibilities of persons who are authorised to enter , amend , delete , consult and search the data and make their profiles available to the national supervisory authorities referred to in article 25 without delay at their request ; ### ensure that all authorities with a right of access to the ecris - tcn system create profiles describing the functions and responsibilities of persons who are authorised to enter , amend , delete , consult and search the data and make their profiles available to the national supervisory authorities referred to in article 25 ;


### ' third country national ' means a national of a country other than a member state regardless of whether the person also holds the nationality of a member state , or a stateless person or a person whose nationality is unknown to the convicting member state ; ### ' third country national ' means a national of a country other than a member state or a stateless person or a person whose nationality is unknown to the convicting member state ;


### the ecris legal framework , however , does not sufficiently cover the particularities of requests concerning third country nationals . although it is now possible to exchange information on third country nationals through ecris , there is no procedure or mechanism in place to do so efficiently . ### the ecris legal framework , however , does not sufficiently cover the particularities of requests concerning third country nationals . although it is currently possible to exchange information on third country nationals through ecris , there is no procedure or mechanism in place to do so efficiently .


### the commission is empowered to adopt delegated acts in accordance with article 13 to amend annex i in order to make the necessary adjustments to the list of indicators to be used by member states and to amend annex ii in order to make the necessary adjustments to the information on performance to be provided to the european parliament and the council . ### the commission is empowered to adopt delegated acts in accordance with article 13 to amend annex i in order to make the relevant and reasoned adjustments to the list of indicators to be used by member states and to amend annex ii if necessary in order to provide the european parliament and the council with improved qualitative as well as quantative information on performance and results against the objectives set .


### an applicant ' s entitlement to material reception conditions under this directive may be curtailed in certain circumstances such as where an applicant has absconded to another member state from the member state where he or she is required to be present . however , member states should in all circumstances ensure access to health care and a dignified standard of living for applicants in line with the charter of fundamental rights of the european union and the united nations convention on the rights of the child , in particular by providing for the applicant ' s subsistence and basic needs both in terms of physical safety and dignity and in terms of interpersonal relationships , with due regard to the inherent vulnerabilities of the person as applicant for international protection and that of his or her family or caretaker . due regard must also be given to applicants with special reception needs . the specific needs of children , in particular with regard to respect for the child ' s right to education and access to healthcare have to be taken into account . when a minor is in a member state other than the one in which he or she is required to be present , member states should provide the minor with access to suitable educational activities pending the transfer to the member state responsible . the specific needs of women applicants who have experienced gender - based harm should be taken into account , including via ensuring access , at different stages of the asylum procedure , to medical care , legal support , and to appropriate trauma counselling and psycho - social care . ### member states should in all circumstances ensure access to health care . the specific needs of children , in particular with regard to respect for the child ' s right to education and access to healthcare have to be taken into account . the specific needs of applicants , in particular women , who have experienced sexual or gender - based violence should be taken into account , including via ensuring access , at different stages of the asylum procedure , to medical care , legal support , and to appropriate trauma counselling and psycho - social care . such applicants should be considered to be persons with special reception needs .


### harmonised eu rules on the documents to be issued to applicants make it more difficult for applicants to move in an unauthorised manner within the union . it needs to be clarified that member states should only provide applicants with a travel document when serious humanitarian or other imperative reasons arise . the validity of travel documents should also be limited to the purpose and duration needed for the reason for which they are issued . serious humanitarian reasons could for instance be considered when an applicant needs to travel to another state for medical treatment or to visit relatives in particular cases , such as for visits to close relatives who are seriously ill , or to attend marriages or funerals of close relatives . other imperative reasons could include situations where applicants who have been granted access to the labour market are required to perform essential travel for work purposes , where applicants are required to travel as part of study curricula or where minors are travelling with foster families . ### harmonised eu rules on the documents to be issued to applicants make it more difficult for applicants to move in an unauthorised manner within the union . the validity of travel documents should be limited to the purpose and duration needed for the reason for which they are issued . such a reason could for instance be that an applicant needs to travel to another state for medical treatment or to visit relatives in particular cases , such as for visits to close relatives who are seriously ill , or to attend marriages or funerals of close relatives . other such reasons could include situations where applicants who have been granted access to the labour market are required to perform essential travel for work purposes , where applicants are required to travel as part of study curricula or where minors are travelling with foster families .


### in applying this directive , member states should seek to ensure full compliance with the principles of the best interests of the child and of family unity , in accordance with the charter of fundamental rights of the european union , the 1989 united nations convention on the rights of the child and the european convention for the protection of human rights and fundamental freedoms respectively . reception conditions need to be adapted to the specific situation of minors , whether unaccompanied or within families , with due regard to their security , physical and emotional care and provided in a manner that encourages their general development . ### in applying this directive , member states should seek to ensure full compliance with the principles of the best interests of the child and of family unity , in accordance with the charter of fundamental rights of the european union , the 1989 united nations convention on the rights of the child and the european convention for the protection of human rights and fundamental freedoms respectively . the member states should also ensure full compliance with the council of europe convention on preventing and combating violence against women and domestic violence and the convention on the elimination of all forms of discrimination against women . reception conditions need to be adapted to the specific needs of minors , whether unaccompanied or within families , with due regard to their security , in particular by means of providing child - friendly accommodation , the prevention of sexual and gender - based violence , physical and emotional care and education , all provided in a manner that encourages their general development .


### by [ three years after the entry into force of this directive ] at the latest , and at least every five years thereafter , the commission shall present a report to the european parliament and the council on the application of this directive and shall propose any amendments that are necessary . ### by [ one year after the entry into force of this directive ] at the latest , and at least every five years thereafter , the commission shall present a report to the european parliament and the council on the application of this directive and shall propose any amendments that are necessary .


### the detention of applicants should be applied in accordance with the underlying principle that a person should not be held in detention for the sole reason that he or she is seeking international protection , particularly in accordance with the international legal obligations of the member states and with article 31 of the geneva convention . applicants may be detained only under the very clearly defined exceptional circumstances laid down in this directive and subject to the principle of necessity and proportionality with regard to both the manner and the purpose of such detention . detention of applicants pursuant to this directive should only be ordered in writing by judicial or administrative authorities stating the reasons on which it is based , including in the cases where the person is already detained when making the application for international protection . where an applicant is held in detention he or she should have effective access to the necessary procedural guarantees , such as judicial remedy before a national judicial authority . ### the detention of applicants should be applied in accordance with the underlying principle that a person should not be held in detention for the sole reason that he or she is seeking international protection , particularly in accordance with the international legal obligations of the member states and with article 31 of the geneva convention . applicants may be detained only under the very clearly defined exceptional circumstances laid down in this directive and subject to the principle of necessity and proportionality with regard to both the manner and the purpose of such detention . detention of applicants pursuant to this directive should only be ordered in writing by judicial authorities stating the reasons on which it is based , including in the cases where the person is already detained when making the application for international protection . any decision imposing detention should contain a reference to the consideration of the available alternatives and the reasons why they could not be applied effectively . where an applicant is held in detention he or she should have effective access to the necessary procedural guarantees , such as judicial remedy .


### ‘ absconding’ : means the action by which an applicant , in order to avoid asylum procedures , either leaves the territory where he or she is obliged to be present in accordance with regulation no xxx / xxx32 [ dublin regulation ] or does not remain available to the competent authorities or to the court or tribunal ; __________________ 32 oj c [ … ] , [ … ] , p . [ … ] . ### ‘ absconding’ : means a deliberate action to avoid the applicable asylum procedures and the factual circumstance of not remaining available to the relevant authorities ; __________________ 32 oj c [ … ] , [ … ] , p . [ … ] .


### for reasons of public interest or public order , for the swift processing and effective monitoring of his or her application for international protection , for the swift processing and effective monitoring of his or her procedure for determining the member state responsible in accordance with regulation no xxx / xxx [ dublin regulation ] or in order to effectively prevent the applicant from absconding , member states should , where necessary , assign the applicant residence in a specific place , such as an accommodation centre , a private house , flat , hotel or other premises adapted for housing applicants . such a decision may be necessary to effectively prevent the applicant from absconding in particular in cases where the applicant has not complied with the obligations to : make an application in the member state of first irregular or legal entry ; to remain in the member state where he or she is required to be present ; or in cases where the applicant has been sent back to the member state where he or she is required to be present after having absconded to another member state . in case the applicant is entitled to material reception conditions , such material reception conditions should also be provided subject to the applicant residing in this specific place . ### for reasons of public interest or public order , for the swift processing and effective monitoring of his or her application for international protection , or in order to effectively prevent the applicant from absconding where it has been established by the relevant authorities that there is a risk that an applicant may abscond , member states should , where necessary , be able to assign the applicant residence in a specific place , such as an accommodation centre , a private house , flat , hotel or other premises adapted for housing applicants . such a decision may be necessary to effectively prevent the applicant from absconding in particular in cases where the applicant has not complied with the obligations to remain in the member state where he or she is required to be present , or , in cases where the applicant has been sent back to the member state , where he or she is required to be present after having absconded to another member state . where the applicant is entitled to material reception conditions , such material reception conditions should also be provided subject to the applicant residing in this specific place .


### member states shall inform applicants , as soon as possible and at the latest when they are lodging their application for international protection , of any established benefits and of the obligations with which they must comply relating to reception conditions . they shall point out in the information provided that the applicant is not entitled to the reception conditions set out in articles 14 to 17 of this directive as stated in article 17a of the same directive in any member state other than where he or she is required to be present in accordance with regulation no xxx / xxx [ dublin regulation ] . ### member states shall inform applicants , as soon as possible and at the latest when they are lodging their application for international protection , of any established benefits and of the obligations with which they must comply relating to reception conditions . they shall point out , in the information provided , which reception conditions the applicants are entitled to , the consequences of absconding , the grounds for detention , the grounds for replacement , reduction or withdrawal of any reception conditions , the right to appeal against detention or decisions relating to the replacement , reduction or withdrawal of reception conditions . the member states shall also inform the applicants about the relevant asylum procedures , and the rights granted after having been granted refugee status .


### member states shall state reasons in fact and , where relevant , in law in any decision taken in accordance with this article . applicants shall be immediately informed in writing , in a language which they understand or are reasonably supposed to understand , of the adoption of such a decision , of the procedures for challenging the decision in accordance with article 25 and of the consequences of non - compliance with the obligations imposed by the decision . ### member states shall state reasons in fact and , where relevant , in law in any decision taken in accordance with this article . applicants shall be immediately informed in writing , in a language which they understand or are reasonably supposed to understand in a concise , transparent , intelligible and easily accessible form , using clear and plain language , of the adoption of such a decision , of the procedures for challenging the decision in accordance with article 25 and of the consequences of non - compliance with the obligations imposed by the decision .


### member states shall as soon as possible and no later than five working days from the moment when an unaccompanied minor makes an application for international protection take measures to ensure that a guardian represents and assists the unaccompanied minor to enable him or her to benefit from the rights and comply with the obligations provided for in this directive . the guardian appointed in accordance with article [ 22 ] of regulation no xxx / xxx [ procedures regulation ] may perform those tasks . the unaccompanied minor shall be informed immediately of the appointment of the guardian . where an organisation is appointed as guardian , it shall designate a person responsible for carrying out the duties of guardian in respect of the unaccompanied minor , in accordance with this directive . the guardian shall perform his or her duties in accordance with the principle of the best interests of the child , as prescribed in article 22 , shall have the necessary expertise to that end and shall not have a verified record of child - related crimes or offences . in order to ensure the minor’s well - being and social development referred to in article 22 , the person acting as guardian shall be changed only when necessary . organisations or individuals whose interests conflict or could potentially conflict with those of the unaccompanied minor shall not be appointed as guardians . ### member states shall as soon as possible and no later than five days from the moment when an unaccompanied minor arrives in the member state take measures to ensure that a guardian represents and assists the unaccompanied minor to enable him or her to benefit from the rights and comply with the obligations provided for in this directive . the guardian appointed in accordance with article [ 22 ] of regulation no xxx / xxx [ procedures regulation ] may perform those tasks . the unaccompanied minor shall be informed immediately of the appointment of the guardian . where an organisation is appointed as guardian , it shall designate a person responsible for carrying out the duties of guardian in respect of the unaccompanied minor , in accordance with this directive . the guardian shall be qualified and perform his or her duties in accordance with the principle of the best interests of the child , as prescribed in article 22 , shall have the necessary expertise to that end and shall not have a verified criminal record , especially with regard to any child - related crimes or offences . in order to ensure the minor’s well - being and social development referred to in article 22 , the person acting as guardian shall be changed only when necessary . appointed guardians ' criminal record shall be regularly reviewed by competent authorities to identify potential incompatibilities with their role . organisations or individuals whose interests conflict or could potentially conflict with those of the unaccompanied minor shall not be appointed as guardians .


### where there are reasons for considering that there is a risk that an applicant may abscond , member states shall , where necessary , require the applicant to report to the competent authorities , or to appear before them in person , either without delay or at a specified time as frequently as necessary to effectively prevent the applicant from absconding . ### where there are reasons for considering that there is a risk that an applicant may abscond , member states may , where necessary and proportionate and on the basis of a decision of judicial authorities , require the applicant to report to the competent authorities , or to appear before them in person , either without delay or at a specified time as frequently as necessary to effectively prevent the applicant from absconding .


### where there are reasons for considering that there is a risk that an applicant may abscond , member states should require applicants to report to the competent authorities as frequently as necessary in order to monitor that the applicant does not abscond . to deter applicants from further absconding , member states should also be able to grant material reception conditions , where the applicant is entitled to such material reception conditions , only in kind . ### where there are reasons for considering that there is a risk that an applicant may abscond , member states should also , on the basis of a decision of judicial authorities , require applicants to report to the competent authorities as frequently as necessary in order to monitor that the applicant does not abscond . to deter applicants from further absconding , member states should also be able to grant material reception conditions , where the applicant is entitled to such material reception conditions , only in kind . applicants should also be provided with the possibility of an appeal against decisions requiring them to report to the competent authorities


### member states shall provide applicants with a travel document only when serious humanitarian or other imperative reasons arise that require their presence in another state . the validity of the travel document shall be limited to the purpose and duration needed for the reason for which it is issued . ### member states shall provide applicants with a travel document without delay , when the presence of the applicant is required in another state , in particular for reasons such as when an applicant needs to travel to another state for medical treatment or to visit relatives in particular cases , such as for visits to close relatives who are seriously ill , or to attend marriages or funerals of close relatives . other such reasons include situations where applicants who have been granted access to the labour market are required to perform essential travel for work purposes , where applicants are required to travel as part of study curricula or where minors are travelling with foster families . the validity of the travel document shall be limited to the purpose and duration needed for the reason for which it is issued .


### with regard to applicants who are required to be present on their territory in accordance with regulation no xxx / xxx [ dublin regulation ] , member states may , in the situations described in paragraph 2 : ### with regard to applicants member states may , in the situations described in paragraph 2 , and on the basis of a decision of judicial authorities :


### access to the education system shall not be postponed for more than three months from the date on which the application for international protection was lodged by or on behalf of the minor . ### access to the education system shall not be postponed for more than one month from the moment that the minor made an application for international protection .


### member states shall where necessary decide on the residence of an applicant in a specific place for any of the following reasons : ### member states may where necessary decide on the residence of an applicant in a specific place such as an accommodation centre , a private house , flat , hotel or other premises adapted for housing applicants , on the basis of objective criteria defined by national law and of a decision by judicial authorities , for any of the following reasons :


### the scope of the definition of family member should reflect the reality of current migratory trends , according to which applicants often arrive to the territory of the member states after a prolonged period of time in transit . the definition should therefore include families formed outside the country of origin , but before their arrival on the territory of the member states . ### the scope of the definition of family member should be non - discriminatory and should reflect the reality of current migratory trends , according to which applicants often arrive to the territory of the member states after a prolonged period of time in transit . the definition should therefore include families formed outside the country of origin , but before their arrival on the territory of the member states . member states should apply the definition of family member in accordance with the charter of fundamental rights of the european union , the council of europe convention for the protection of human rights and fundamental freedoms and the case - law of the european court of human rights on the scope of the definition of family , taking into account the different circumstances of dependency and the particular attention that is to be paid to the best interests of the child , underlining the importance of protecting female applicants , who are the victim of child , early or forced marriage . unmarried couples should not be discriminated against on grounds of sexual orientation or gender identity .


### in duly justified cases and for a reasonable period that shall be as short as possible member states may derogate from the third subparagraph of paragraph 2 , paragraph 4 and the first subparagraph of paragraph 5 , when the applicant is detained at a border post or in a transit zone , with the exception of the cases referred to in article 41 of regulation no xxx / xxx [ procedures regulation ] . ### in duly justified cases and for a reasonable period that shall be as short as possible member states may derogate from the first subparagraph of paragraph 5 , when the applicant is detained at a border post or in a transit zone .


### member states shall at the request of the commission send the necessary information for drawing up the report by [ two years after the entry into force of this directive ] and every five years thereafter . ### member states shall at the request of the commission send the necessary information for drawing up the report by [ six months after the entry into force of this directive ] and every three years thereafter .


### member states shall ensure that applicants have access to the labour market no later than 6 months from the date when the application for international protection was lodged if an administrative decision by the competent authority has not been taken and the delay cannot be attributed to the applicant . ### member states shall ensure that applicants have access to the labour market from the date when the application for international protection was lodged .


### in applying this directive , member states should seek to ensure full compliance with the principles of the best interests of the child and of family unity , in accordance with the charter of fundamental rights of the european union , the 1989 united nations convention on the rights of the child and the european convention for the protection of human rights and fundamental freedoms respectively . reception conditions need to be adapted to the specific situation of minors , whether unaccompanied or within families , with due regard to their security , physical and emotional care and provided in a manner that encourages their general development . ### in applying this directive , member states should seek to ensure full compliance with the principles of the best interests of the child and of family unity , in accordance with the charter of fundamental rights of the european union , the 1989 united nations convention on the rights of the child and the european convention for the protection of human rights and fundamental freedoms respectively . the member states should also ensure full compliance with the council of europe convention on preventing and combating violence against women and domestic violence and the convention on the elimination of all forms of discrimination against women . reception conditions need to be adapted to the specific needs of minors , whether unaccompanied or within families , with due regard to their security , in particular by means of providing child - friendly accommodation , the prevention of sexual and gender - based violence , physical and emotional care and education , all provided in a manner that encourages their general development .


### harmonised eu rules on the documents to be issued to applicants make it more difficult for applicants to move in an unauthorised manner within the union . it needs to be clarified that member states should only provide applicants with a travel document when serious humanitarian or other imperative reasons arise . the validity of travel documents should also be limited to the purpose and duration needed for the reason for which they are issued . serious humanitarian reasons could for instance be considered when an applicant needs to travel to another state for medical treatment or to visit relatives in particular cases , such as for visits to close relatives who are seriously ill , or to attend marriages or funerals of close relatives . other imperative reasons could include situations where applicants who have been granted access to the labour market are required to perform essential travel for work purposes , where applicants are required to travel as part of study curricula or where minors are travelling with foster families . ### harmonised eu rules on the documents to be issued to applicants make it more difficult for applicants to move in an unauthorised manner within the union . the validity of travel documents should be limited to the purpose and duration needed for the reason for which they are issued . such a reason could for instance be that an applicant needs to travel to another state for medical treatment or to visit relatives in particular cases , such as for visits to close relatives who are seriously ill , or to attend marriages or funerals of close relatives . other such reasons could include situations where applicants who have been granted access to the labour market are required to perform essential travel for work purposes , where applicants are required to travel as part of study curricula or where minors are travelling with foster families .


### - for applicants who have not complied with the obligation to make an application in the first member state of entry as set out in article [ 4 ] of regulation no xxx / xxx [ dublin regulation ] and have travelled to another member state without adequate justification and made an application there ; or ### - for applicants who have deliberately not complied with the obligation to make an application in the first member state of entry as set out in article [ 4 ] of regulation no xxx / xxx [ dublin regulation ] in order to avoid the applicable asylum procedures , and have travelled to another member state without adequate justification and made an application there ; or


### minors shall be detained only as a measure of last resort and after it having been established that other less coercive alternative measures cannot be applied effectively . such detention shall be for the shortest period of time and all efforts shall be made to release the detained minors and place them in accommodation suitable for minors . ### minors shall not be detained ; member states shall instead accommodate minors and families with minors in non - custodial , community - based placements while their immigration status is processed .


### member states shall take into consideration gender and age - specific concerns and the situation of applicants with special reception needs when providing material reception conditions . ### member states shall take into consideration gender and age - specific concerns and the situation of applicants with special reception needs when providing material reception conditions . in addition to age and gender , member states shall also take into account diversity approach ) .


### safety and security considerations , in particular where there is a risk of the minor being a victim of human trafficking ; ### safety and security considerations , in particular where there is a risk of the minor being a victim of violence and exploitation , including human trafficking ;


### to effectively prevent the applicant from absconding , in particular : ### to effectively prevent the applicant from absconding where it has been established by the relevant authorities that there is a risk of absconding , in particular :


### ‘ applicant with special reception needs’ : means an applicant who is in need of special guarantees in order to benefit from the rights and comply with the obligations provided for in this directive , such as applicants who are minors , unaccompanied minors , disabled people , elderly people , pregnant women , single parents with minor children , victims of human trafficking , persons with serious illnesses , persons with mental disorders and persons who have been subjected to torture , rape or other serious forms of psychological , physical or sexual violence , such as victims of female genital mutilation . ### ‘ applicant with special reception needs’ : means an applicant who is in need of special guarantees in order to benefit from the rights and comply with the obligations provided for in this directive , such as applicants who are minors , unaccompanied minors , disabled people , elderly people , pregnant women , single women , adolescent girls , women - headed households , lesbian , gay , bisexual , trans and intersex persons , single parents with minor children , victims of human trafficking , victims of child , early or forced marriage , non - believers , apostates and religious minorities , persons with serious illnesses , persons with mental disorders , including post - traumatic stress disorder , and persons who have been subjected to torture , rape or other serious forms of psychological , physical , bias - motivated , sexual or gender - based violence , such as victims of female genital mutilation .


### member states shall grant to minor children of applicants and to applicants who are minors access to the education system under similar conditions as their own nationals for so long as an expulsion measure against them or their parents is not actually enforced . such education may be provided in accommodation centres . ### member states shall grant to minor children of applicants and to applicants who are minors access to the education system under the same conditions as their own nationals for the entire duration of their presence in the territory of the member state . such education may be provided in accommodation centres , as a temporary measure until access to national education systems is ensured .


### the maximum time frame for access to the labour market should be aligned with the duration of the examination procedure on the merits . in order to increase integration prospects and self - sufficiency of applicants , earlier access to the labour market is encouraged where the application is likely to be well - founded , including when its examination has been prioritised in accordance with regulation no xxx / xxx [ procedures regulation ] . member states should therefore consider reducing that time period as much as possible with a view to ensuring that applicants have access to the labour market no later than 3 months from the date when the application was lodged in cases where the application is likely to be well - founded . member states should however not grant access to the labour market to applicants whose application for international protection is likely to be unfounded and for which an accelerated examination procedure is applied . ### in order to increase integration prospects and self - sufficiency of applicants , immediate access to the labour market should be provided .


### in view of the serious consequences for applicants who have absconded or who are considered to be at risk of absconding , the meaning of absconding should be defined in view of encompassing both a deliberate action to avoid the applicable asylum procedures and the factual circumstance of not remaining available to the relevant authorities , including by leaving the territory where the applicant is required to be present . ### in view of the serious consequences for applicants who have absconded or who are considered to be at risk of absconding , the meaning of absconding should be defined as encompassing both a deliberate action to avoid the applicable asylum procedures and the factual circumstance of not remaining available to the relevant authorities .


### minors shall be detained only as a measure of last resort and after it having been established that other less coercive alternative measures cannot be applied effectively . such detention shall be for the shortest period of time and all efforts shall be made to release the detained minors and place them in accommodation suitable for minors . ### detention of children shall be prohibited . however this shall not impinge on the criminal law of the member state .