### in particular , where member states decide to impose obligations to ensure the availability at a fixed location of functional internet access service as defined in accordance with article 79 and of voice communications service , they may designate one or more undertakings to guarantee the availability at a fixed location of functional internet access service as identified in accordance with article 79 and of voice communications service in order to cover all the national territory . member states may designate different undertakings or sets of undertakings to provide functional internet access and voice communications services at a fixed location and / or to cover different parts of the national territory . ### in particular , where member states decide to impose obligations to ensure the availability at a fixed location and by way of mobile connection of functional internet access service as defined in accordance with article 79 and of voice communications service , they may designate one or more undertakings to guarantee the availability at a fixed location of functional internet access service as identified in accordance with article 79 and of voice communications service in order to cover all the national territory . member states may designate different undertakings or sets of undertakings to provide functional internet access and voice communications services at a fixed location and by way of mobile connection and / or to cover different parts of the national territory .


### when member states designate undertakings in part or all of the national territory as undertakings having the obligation to ensure the availability at a fixed location of functional internet access service as defined in accordance with article 79 and of voice communications service , they shall do so using an efficient , objective , transparent and non - discriminatory designation mechanism , whereby no undertaking is a priori excluded from being designated . such designation methods shall ensure that functional internet access and voice communications services at a fixed location are provided in a cost - effective manner and may be used as a means of determining the net cost of the universal service obligation in accordance with article 84 . ### when member states designate undertakings in part or all of the national territory as undertakings having the obligation to ensure the availability at a fixed location and by way of mobile connection of functional internet access service as defined in accordance with article 79 and of voice communications service , they shall do so using an efficient , objective , transparent and non - discriminatory designation mechanism , whereby no undertaking is a priori excluded from being designated . such designation methods shall ensure that functional internet access and voice communications services at a fixed location are provided in a cost - effective manner and may be used as a means of determining the net cost of the universal service obligation in accordance with article 84 .


### when an undertaking designated in accordance with paragraph 3 intends to dispose of a substantial part or all of its local access network assets to a separate legal entity under different ownership , it shall inform in advance the national regulatory authority in a timely manner , in order to allow that authority to assess the effect of the intended transaction on the provision at a fixed location of functional internet access service as defined in accordance with article 79 and of voice communications service . the national regulatory authority may impose , amend or withdraw specific obligations in accordance with article 13 . ### when an undertaking designated in accordance with paragraph 3 intends to dispose of a substantial part or all of its local access network assets to a separate legal entity under different ownership , it shall inform in advance the national regulatory authority in a timely manner , in order to allow that authority to assess the effect of the intended transaction on the provision at a fixed location and by way of mobile connection of functional internet access service as defined in accordance with article 79 and of voice communications service . the national regulatory authority may impose , amend or withdraw specific obligations in accordance with article 13 .


### member states may continue to ensure the availability or affordability of other services than functional internet access service as defined in accordance with article 79 and voice communications service at a fixed location that were in force prior to [ set date ] , if the need for such services is duly demonstrated in the light of national circumstances . when member states designate undertakings in part or all of the national territory for the provision of those services , article 81 shall apply . financing of these obligations shall comply with article 85 . ### member states may continue to ensure the availability or affordability of other services than functional internet access service as defined in accordance with article 79 and voice communications service at a fixed location and by way of mobile connection that were in force prior to [ set date ] , if the need for such services is duly demonstrated in the light of national circumstances . when member states designate undertakings in part or all of the national territory for the provision of those services , article 81 shall apply . financing of these obligations shall comply with article 85 .


### the biometric identifiers shall be collected by qualified and duly authorised staff designated by the national authorities responsible for issuing identity cards . ### the biometric identifiers shall be collected by qualified and duly authorised staff designated by the national authorities responsible for issuing identity cards , taking into account any gender specificities .


### at the same time , seal hunting is an integral part of the culture and identity of the inuit and other indigenous communities and makes a major contribution to their subsistence . for those reasons , seal hunts traditionally conducted by inuit and other indigenous communities do not raise the same public moral concerns as the hunts conducted primarily for commercial purposes . moreover , it is broadly recognised that the fundamental and social interests of inuit and other indigenous communities should not be adversely affected , in accordance with united nations declaration on the rights of indigenous peoples and other relevant international instruments . for those reasons , by way of exception , regulation no 1007 / 2009 allows the placing on the market of seal products which result from hunts traditionally conducted by inuit and other indigenous communities and which contribute to their subsistence . ### at the same time , seal hunting is an integral part of the culture and identity of the inuit and other indigenous communities and makes a major contribution to their subsistence . it is broadly recognised that the fundamental , economic and social interests of inuit and other indigenous communities should not be adversely affected , in accordance with united nations declaration on the rights of indigenous peoples and other relevant international instruments . for those reasons , by way of exception , regulation no 1007 / 2009 allows the placing on the market of seal products which result from hunts traditionally conducted by inuit and other indigenous communities and which contribute to their subsistence .


### in order to provide for detailed rules as regards placing on the market of seal products , the power to adopt acts in accordance with article 290 of the treaty should be delegated to the commission . it is of particular importance that the commission carry out appropriate consultations , including at expert level . the commission , when preparing and drawing up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council . ### in order to provide for detailed rules as regards placing on the market of seal products , the power to adopt acts in accordance with article 290 of the treaty should be delegated to the commission . it is of particular importance that the commission carry out appropriate consultations , including at expert level and with the inuit and other indigenous communities concerned . the commission , when preparing and drawing up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council .


### where pasture or agricultural land previously destined for food and feed markets is diverted to biofuel production , the non fuel demand will still need to be satisfied either through intensification of current production or by bringing non agricultural land into production elsewhere . the latter case constitutes indirect land use change and when it involves the conversion of land with high carbon stock it can lead to significant greenhouse gas emissions . directives 98 / 70 / ec and 2009 / 28 / ec should therefore be amended to include provisions to address indirect land use change given that current biofuels are mainly produced from crops grown on existing agricultural land . ### where pasture or agricultural land previously destined for the food , feed and fibre markets is diverted to biofuel production , the non fuel demand will still need to be satisfied either through intensification of current production or by bringing non agricultural land into production elsewhere . the latter case constitutes indirect land use change and when it involves the conversion of land with high carbon stock it can lead to significant greenhouse gas emissions . directives 98 / 70 / ec and 2009 / 28 / ec should therefore be amended to include provisions to address indirect land use change given that current biofuels are mainly produced from crops grown on existing agricultural land . the provisions to address the impact of indirect land - use change on greenhouse gas emissions should take due account of the need to protect investments already made .


### liquid renewable fuels are likely to be required by the transport sector in order to reduce its greenhouse gas emissions . advanced biofuels , such as those made from wastes and algae , provide high greenhouse gas emission savings , with low risk of causing indirect land use change , and do not compete directly for agricultural land for the food and feed markets . it is appropriate , therefore , to encourage greater production of such advanced biofuels as they are currently not commercially available in large quantities , in part due to competition for public subsidies with established food crop based biofuel technologies . each member state should promote the consumption of such advanced biofuels , through setting non legally binding sub targets at national level within the obligation of ensuring that the share of energy from renewable sources in all forms of transport in 2020 is at least 10 % of the final consumption of energy in transport in that member state . it is also appropriate for member states to report on their achievements towards such national sub targets in 2020 , a synthesis report of which should be published , in order to assess the effectiveness of the measures introduced by this directive in reducing the risk of indirect land use change greenhouse gas emissions through the promotion of advanced biofuels . such advanced biofuels and their promotion are expected to continue to play an important role in the decarbonisation of transport and the development of low carbon transport technologies beyond that date . ### liquid renewable fuels are likely to be required by the transport sector in order to reduce its greenhouse gas emissions . advanced biofuels , such as those made from wastes and algae , provide high greenhouse gas emission savings , with low risk of causing indirect land use change , and do not compete directly for agricultural land for the food and feed markets . it is appropriate , therefore , to encourage greater production of such advanced biofuels as they are currently not commercially available in large quantities , in part due to competition for public subsidies with established food crop based biofuel technologies . further incentives should be provided through an increased weighting of advanced biofuels towards the 10% target for transport laid down in directive 2009 / 28 / ec compared to conventional biofuels . each member state should promote the consumption of such advanced biofuel , through setting a binding sub target at national level within the obligation of ensuring that the share of energy from renewable sources in all forms of transport in 2020 is at least 10 % of the final consumption of energy in transport in that member state . it is also appropriate for member states to report on their achievements towards the national sub target in 2020 , a synthesis report of which should be published , in order to assess the effectiveness of the measures introduced by this directive in reducing the risk of indirect land use change greenhouse gas emissions through the promotion of advanced biofuels . such advanced biofuels and their promotion are expected to continue to play an important role in the decarbonisation of transport and the development of low carbon transport technologies beyond that date . in this context , only advanced biofuels with low estimated indirect land - use change impacts and high overall greenhouse gas savings should be supported as part of the post - 2020 renewable energy policy framework .


### distinctions in estimated indirect land use change emissions arise from the different data inputs and key assumptions on agricultural developments such as trends in agricultural yields and productivity , co product allocation and observed global land use change and deforestation rates , which are not under the control of biofuel producers . while most biofuel feedstocks are produced in the union , the estimated indirect land use change emissions are mostly expected to take place outside the union , in areas where the additional production is likely to be realised at the lowest cost . in particular , assumptions with regard to the conversion of tropical forests and peat land drainage outside the union strongly influence the estimated indirect land use change emissions associated with biodiesel production from oil crops , and as such it is most important to ensure that such data and assumptions are reviewed in line with the latest available information on land conversion and deforestation , including capturing any progress made in those areas through ongoing international programmes . ### distinctions in estimated indirect land use change emissions arise from the different data inputs and key assumptions on agricultural developments such as trends in agricultural yields and productivity , co product allocation and observed global land use change and deforestation rates , which are not under the control of biofuel producers . it is most important to ensure that such data and assumptions are reviewed in line with the latest available scientific information on land conversion and deforestation , including capturing any progress made in those areas through ongoing international programmes . the commission should therefore review the methodology for estimating land - use change emission factors included in annexes v and viii to directives 98 / 70 / ec and 2009 / 28 / ec respectively in the light of adaptation to technical and scientific progress . to this end , and if warranted by the latest available scientific evidence , the commission should consider the possibility of revising the proposed crop group indirect land - use change factors , as well as introducing factors at further levels of disaggregation and including additional values should new biofuel feedstocks come to market .


### in order to permit adaptation to the technical and scientific progress of directive 98 / 70 / ec , the power to adopt acts in accordance with article 290 tfeu should be delegated to the commission in respect of the addition of estimated typical and default values for biofuel pathways and the adaptation of the permitted analytical methods , relating to the fuel specifications , and of the vapour pressure waiver permitted for petrol containing bioethanol . ### in order to permit adaptation to the technical and scientific progress of directive 98 / 70 / ec , the power to adopt acts in accordance with article 290 tfeu should be delegated to the commission in respect of the mechanism to monitor and reduce greenhouse gas emissions , the methodological principles and values necessary for assessing whether sustainability criteria have been fulfilled in relation to biofuels , criteria and geographic ranges for determining highly diverse grassland , the methodology for the calculation and reporting of lifecycle greenhouse gas emissions , the methodology for the calculation of indirect land - use change emissions , the permitted level for metallic additives content in fuels , the addition of estimated typical and default values for biofuel pathways and the adaptation of the permitted analytical methods , relating to the fuel specifications , and of the vapour pressure waiver permitted for petrol containing bioethanol .


### in order to permit adaptation to the technical and scientific progress of directive 2009 / 28 / ec , the power to adopt acts in accordance with article 290 tfeu should be delegated to the commission in respect of possible additions to the list of biofuel feedstocks and fuels , the contribution of which towards the targets in article 3 of that directive should be considered to be twice their energy content , and also in respect of the addition of estimated typical and default values for biofuel and bioliquid pathways . ### in order to permit adaptation to the technical and scientific progress of directive 2009 / 28 / ec , the power to adopt acts in accordance with article 290 tfeu should be delegated to the commission in respect of the list of biofuel feedstocks that are counted multiple times towards the targets in article 3 , the energy content of transport fuels , criteria and geographic ranges for determining highly biodiverse grassland , the methodology for the calculation of indirect land - use change emissions , and the methodological principles and values necessary for assessing whether sustainability criteria have been fulfilled in relation to biofuels and bioliquids .


### ' 5 . in order to ensure the uniform implementation of this article , the commission shall adopt implementing acts in accordance with the examination procedure referred to in article 11 to set out : the methodology for the calculation of life cycle greenhouse gas emissions from fuels other than biofuels and from energy ; the methodology specifying , before 1 january 2011 , the fuel baseline standard based on the life cycle greenhouse gas emissions per unit of energy from fossil fuels in 2010 for the purposes of paragraph 2 of this article ; rules to ensure as uniform an approach as possible for member states ' implementation of paragraph 4 of this article ; the methodology for the calculation of the contribution of electric road vehicles , which shall be compatible with article 3 of directive 2009 / 28 / ec . ' ; ### the commission shall be empowered to adopt delegated acts in accordance with article 10a concerning in particular : the methodology for the calculation of life cycle greenhouse gas emissions from fuels other than biofuels and from energy ; the methodology specifying , before 1 january 2011 , the fuel baseline standard based on the life cycle greenhouse gas emissions per unit of energy from fossil fuels in 2010 for the purposes of paragraph 2 of this article ; any necessary rules to give effect to paragraph 4 of this article ; the methodology for the calculation of the contribution of electric road vehicles , which shall be compatible with article 3 of directive 2009 / 28 / ec .


### ' 6 . as part of the reporting under paragraph 1 , member states shall ensure that fuel suppliers report annually to the authority designated by the member state , on the biofuel production pathways , volumes of biofuels derived from the feedstocks as categorised in part a of annex v , and the life cycle greenhouse gas emissions per unit of energy . member states shall report those data to the commission . ' . ### ' 6 . as part of the reporting under paragraph 1 , member states shall ensure that fuel suppliers report annually to the authority designated by the member state , on the biofuel production pathways , volumes of biofuels derived from the feedstocks as categorised in part a of annex v , and the life cycle greenhouse gas emissions per unit of energy , including the estimated indirect land - use change emissions . member states shall report those data to the commission . ' .


### ' in order to ensure the uniform application of point of the first subparagraph of this paragraph , the commission shall adopt implementing acts establishing the criteria and geographic ranges for determining which grassland is covered by that point . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 11 . ' . ### ' the commission shall be empowered to adopt delegated acts in accordance with article 10a concerning the criteria and geographic ranges for determining which grassland shall be covered by point of the first subparagraph . ' .


### ' in order to ensure the uniform application of point of the first subparagraph of this paragraph , the commission shall adopt implementing acts establishing the criteria and geographic ranges for determining which grassland is covered by that point . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 25 . ' . ### ' the commission shall be empowered to adopt delegated acts in accordance with article 25a to establish the criteria and geographic ranges to determine which grassland shall be covered by point of the first subparagraph . '


### decisions under paragraph 4 of this article shall be adopted in accordance with the examination procedure referred to in article 11 . such decisions shall be valid for a period of no more than five years . the commission shall require that each voluntary scheme , on which a decision has been adopted under paragraph 4 , submit by … , and annually thereafter by 30 april , a report to the commission covering each of the points set out in the third subparagraph of this paragraph . generally , the report shall cover the preceding calendar year . the first report shall cover at least six months from … . the requirement to submit a report shall apply only to voluntary schemes that have operated for at least 12 months . by … the commission shall submit a report to the european parliament and to the council analysing the reports referred to in the second subparagraph of this paragraph , reviewing the operation of the agreements referred to in paragraph 4 or voluntary schemes in respect of which a decision has been adopted in accordance with this article , and identifying best practices . the report shall be based on the best information available , including following consultations with stakeholders , and on practical experience in the application of the agreements or schemes concerned . the report shall analyse the following : in general : the independence , modality and frequency of audits , both in relation to what is stated on those aspects in the scheme documentation , at the time the scheme concerned was approved by the commission , and in relation to industry best practice ; the availability of , and experience and transparency in the application of , methods for identifying and dealing with non - compliance , with particular regard to dealing with situations or allegations of serious wrongdoing on the part of members of the scheme ; transparency , particularly in relation to the accessibility of the scheme , the availability of translations in the applicable languages of the countries and regions from which raw materials originate , the accessibility of a list of certified operators and relevant certificates , and the accessibility of auditor reports ; stakeholder involvement , particularly as regards the consultation of indigenous and local communities prior to decision making during the drafting and reviewing of the scheme as well as during audits and the response given to their contributions ; the overall robustness of the scheme , particularly in light of rules on the accreditation , qualification and independence of auditors and relevant scheme bodies ; market updates of the scheme , the amount of feedstocks and biofuels certified , by country of origin and type , the number of participants ; the ease and effectiveness of implementing a system that tracks the proofs of conformity with the sustainability criteria that the scheme gives to its member , such a system intended to serve as a means of preventing fraudulent activity with a view , in particular , to the detection , treatment and follow up of suspected fraud and other irregularities and where appropriate , number of cases of fraud or irregularities detected ; and in particular : options for entities to be authorised to recognise and monitor certification bodies ; criteria for the recognition or accreditation of certification bodies ; rules on how the monitoring of the certification bodies is to be conducted . a member state may notify its national scheme to the commission . the commission shall give priority to the assessment of such a scheme . a decision on the compliance of such a notified national scheme with the conditions set out in this directive shall be adopted in accordance with the examination procedure referred to in article 11 , in order to facilitate mutual bilateral and multilateral recognition of schemes for verification of compliance with the sustainability criteria for biofuels . where the decision is positive , schemes established in accordance with this article shall not refuse mutual recognition with that member state ' s scheme . ' ; ### decisions under paragraph 4 of this article shall be adopted in accordance with the examination procedure referred to in article 11 . such decisions shall be valid for a period of no more than five years . the commission shall require that each voluntary scheme , on which a decision has been adopted under paragraph 4 , submit by … , and annually thereafter by 30 april , a report to the commission covering each of the points set out in the third subparagraph of this paragraph . generally , the report shall cover the preceding calendar year . the first report shall cover at least six months from … . the requirement to submit a report shall apply only to voluntary schemes that have operated for at least 12 months . by … the commission shall submit a report to the european parliament and to the council analysing the reports referred to in the second subparagraph of this paragraph , reviewing the operation of the agreements referred to in paragraph 4 or voluntary schemes in respect of which a decision has been adopted in accordance with this article , and identifying best practices . the report shall be based on the best information available , including following consultations with stakeholders , and on practical experience in the application of the agreements or schemes concerned . the report shall analyse the following : in general : the independence , modality and frequency of audits , both in relation to what is stated on those aspects in the scheme documentation , at the time the scheme concerned was approved by the commission , and in relation to industry best practice ; the availability of , and experience and transparency in the application of , methods for identifying and dealing with non - compliance , with particular regard to dealing with situations or allegations of serious wrongdoing on the part of members of the scheme ; transparency , particularly in relation to the accessibility of the scheme , the availability of translations in the applicable languages of the countries and regions from which raw materials originate , the accessibility of a list of certified operators and relevant certificates , and the accessibility of auditor reports ; stakeholder involvement , particularly as regards the consultation of indigenous and local communities prior to decision making during the drafting and reviewing of the scheme as well as during audits and the response given to their contributions ; the overall robustness of the scheme , particularly in light of rules on the accreditation , qualification and independence of auditors and relevant scheme bodies ; market updates of the scheme , the amount of feedstocks and biofuels certified , by country of origin and type , the number of participants ; the ease and effectiveness of implementing a system that tracks the proofs of conformity with the sustainability criteria that the scheme gives to its member , such a system intended to serve as a means of preventing fraudulent activity with a view , in particular , to the detection , treatment and follow up of suspected fraud and other irregularities and where appropriate , number of cases of fraud or irregularities detected ; and in particular : options for entities to be authorised to recognise and monitor certification bodies ; criteria for the recognition or accreditation of certification bodies ; rules on how the monitoring of the certification bodies is to be conducted . a member state may notify its national scheme to the commission . the commission shall give priority to the assessment of such a scheme . a decision on the compliance of such a notified national scheme with the conditions set out in this directive shall be adopted in accordance with the examination procedure referred to in article 11 , in order to facilitate mutual bilateral and multilateral recognition of schemes for verification of compliance with the sustainability criteria for biofuels . where the decision is positive , schemes established in accordance with this article shall not refuse mutual recognition with that member state ' s scheme . the commission shall , if appropriate in light of the report referred to in the second subparagraph , submit a proposal to the european parliament and the council for amending the provisions of this directive relating to voluntary schemes with a view to promoting best practice . ' ;


### by 31 december 2012 at the latest and every two years thereafter , the commission shall draw up a report on the estimated typical and default values in parts b and e of annex iv , paying special attention to greenhouse gas emissions from transport and processing . in the event that the reports referred to in the first subparagraph indicate that the estimated typical and default values in parts b and e of annex iv might need to be adjusted on the basis of the latest scientific evidence , the commission shall , as appropriate , submit a legislative proposal to the european parliament and to the council . ' ; ### by 31 december 2012 at the latest and every two years thereafter , the commission shall draw up and publish a report on the estimated typical and default values in parts b and e of annex iv , paying special attention to greenhouse gas emissions from transport and processing . in the event that the reports referred to in the first subparagraph indicate that the estimated typical and default values in parts b and e of annex iv might need to be adjusted on the basis of the latest scientific evidence , the commission shall , be empowered to adopt delegated acts in accordance with article 10a concerning the correction of those values . ' ;


### by 31 december 2012 at the latest and every two years thereafter , the commission shall draw up a report on the estimated typical and default values in parts b and e of annex v , paying special attention to greenhouse gas emissions from transport and processing . in the event that the reports referred to in the first subparagraph indicate that the estimated typical and default values in parts b and e of annex v might need to be adjusted on the basis of the latest scientific evidence , the commission shall , as appropriate , submit a legislative proposal to the european parliament and to the council . ' ; ### by 31 december 2012 at the latest and every two years thereafter , the commission shall draw up and publish a report on the estimated typical and default values in parts b and e of annex v , paying special attention to greenhouse gas emissions from transport and processing . in the event that the reports referred to in the first subparagraph indicate that the estimated typical and default values in parts b and e of annex v need to be adjusted on the basis of the latest scientific evidence , the commission shall be empowered to adopt delegated acts in accordance with article 25a concerning the correction of those values . ’ ;


### in paragraph 7 , the first , second and third subparagraphs are replaced by the following : ' 7 . the commission shall keep annex iv under review , with a view , where justified , to the addition of values for further biofuel production pathways for the same or for other raw materials . that review shall also consider the modification of the methodology laid down in part c of annex iv , particularly with regard to : – the method of accounting for wastes and residues ; – the method of accounting for co products ; – the method of accounting for cogeneration ; and – the status given to agricultural crop residues as co products . the default values for waste vegetable or animal oil biodiesel shall be reviewed as soon as possible . in the event that the commission ' s review concludes that additions to annex iv should be made , the commission shall be empowered to adopt delegated acts pursuant to article 10a to add , but not to remove or amend , estimated typical and default values in parts a , b , d and e of annex iv for biofuel pathways for which specific values are not yet included in that annex . ' ; ### in paragraph 7 , the first subparagraph is replaced by the following : ' 7 . the commission shall be empowered to adopt delegated acts in accordance with article 10a concerning the adaptation to technical and scientific progress of annex iv , including by the addition of values for further biofuel production pathways for the same or for other raw materials and by modifying the methodology laid down in part c . '


### ' 7 . the commission shall keep annex v under review , with a view , where justified , to the addition of values for further biofuel production pathways for the same or for other raw materials . that review shall also consider the modification of the methodology laid down in part c of annex v , particularly with regard to : – the method of accounting for wastes and residues ; – the method of accounting for co products ; – the method of accounting for cogeneration ; and – the status given to agricultural crop residues as co products . the default values for waste vegetable or animal oil biodiesel shall be reviewed as soon as possible . in the event that the commission ' s review concludes that additions to annex v should be made , the commission shall be empowered to adopt delegated acts pursuant to article 25a to add , but not to remove or amend , estimated typical and default values in parts a , b , d and e of annex v for biofuel and bioliquid pathways for which specific values are not yet included in that annex . ' ; ### ' 7 . the commission shall be empowered to adopt delegated acts in accordance with article 25a concerning the adaptation of annex v to technical and scientific progress , including by the addition of values for further biofuel production pathways for the same or for other raw materials and by modifying the methodology laid down in part c ' . regarding the default values and methodology laid down in annex v , particular consideration should be given to : – the method of accounting for wastes and residues ; – the method of accounting for co products ; – the method of accounting for cogeneration ; and – the status given to agricultural crop residues as co products . the default values for waste vegetable or animal oil biodiesel shall be reviewed as soon as possible .


### paragraph 8 is replaced by the following : ' 8 . where necessary in order to ensure the uniform application of point 9 of part c of annex iv , the commission may adopt implementing acts setting out detailed technical specifications and definitions . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 11 . ' . ### paragraph 8 is deleted .


### paragraph 8 is replaced by the following : ' 8 . where necessary in order to ensure the uniform application of point 9 of part c of annex v , the commission may adopt implementing acts setting out detailed technical specifications and definitions . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 25 . ' . ### paragraph 8 is deleted


### ' 3 . in light of the assessment carried out using the test methodology referred to in paragraph 1 , the european parliament and the council may revise the limit for the mmt content of fuel specified in paragraph 2 , on the basis of a legislative proposal from the commission . ' . ### ‘ 3 . the commission shall be empowered to adopt delegated acts in accordance with article 10a concerning the revision of the limit for the mmt content of fuel specified in paragraph 2 . this revision shall be done on the basis of the results of the assessment carried out using the test methodology referred to in paragraph 1 . the limit may be reduced to zero where justified by the risk assessment . it shall not be increased unless justified by the risk assessment . '


### ' the production pathways , volumes and the life cycle greenhouse gas emissions per unit of energy , including the provisional mean values of the estimated indirect land use change emissions and the associated range derived from the sensitivity analysis as per annex v , of the biofuels consumed in the union . the commission shall make data on provisional estimated indirect land use change emissions and the associated range derived from the sensitivity analysis publicly available . ' . ### ‘ the production pathways , volumes and the life cycle greenhouse gas emissions per unit of energy , including the estimated indirect land - use change emissions as per annex v , of the biofuels consumed in the union . the commission shall make data on estimated indirect land - use change emissions publicly available . ’ .


### the power to adopt delegated acts referred to in articles 7d and 10 shall be conferred on the commission for a period of five years from . . . . ### the power to adopt delegated acts referred to in articles 7a , the second subparagraph of article 7b , articles 7d , 7d , 7d , 7d , 8a , 9 and 10 shall be conferred on the commission for a period of five years from . . . . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period .


### the delegation of power referred to in articles 7d and 10 may be revoked at any time by the european parliament or by the council . a decision to revoke shall put an end to the delegation of the power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force . ### the delegation of power referred to in articles 7a , the second subparagraph of article 7b , articles 7d , 7d , 7d , 7d , 8a , 9 and 10 may be revoked at any time by the european parliament or by the council . a decision to revoke shall put an end to the delegation of the power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force .


### a delegated act adopted pursuant to articles 7d and 10 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or the council . ' . ### a delegated act adopted pursuant to articles 7a , the second subparagraph of article 7b , articles 7d , 7d , 7d , 7d , 8a , 9 and 10 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or the council . ’ .


### where reference is made to this paragraph , article 5 of regulation no 182 / 2011 shall apply . where the committees deliver no opinion , the commission shall not adopt the draft implementing act and the third subparagraph of article 5 of regulation no 182 / 2011 shall apply . ### where reference is made to this paragraph , article 5 of regulation no 182 / 2011 shall apply .


### ' for the calculation of biofuels in the numerator , the share of energy from biofuels produced from cereal and other starch rich crops , sugars and oil crops shall be no more than 7 % of the final consumption of energy in transport in the member states in 2020 ; ### ‘ for the calculation of biofuels in the numerator , the share of energy from biofuels produced from cereal and other starch - rich crops , sugars and oil crops and other energy crops grown on land shall be no more than 6 % of the final consumption of energy in transport in the member states in 2020 ;


### the commission shall be empowered to adopt delegated acts in accordance with article 25a to amend the list of feedstocks in part a of annex ix in order to add feedstocks , but not to remove them . the commission shall adopt a separate delegated act in respect of each feedstock to be added to the list in part a of annex ix . each delegated act shall be based on an analysis of the latest scientific and technical progress , taking due account of the principles of the waste hierarchy , and supporting the conclusion that the feedstock in question does not create an additional demand for land or cause significant distortive effects on markets for products , wastes or residues , that it delivers substantial greenhouse gas emission savings compared to fossil fuels , and that it does not risk creating negative impacts on the environment and biodiversity . ### the commission shall be empowered to adopt delegated acts in accordance with article 25a to amend the list of feedstocks in part a of annex ix . the commission shall adopt a separate delegated act in respect of each feedstock to be added to or removed from the list in part a of annex ix . each delegated act shall be based on an analysis of the latest scientific and technical progress , taking due account of the principles of the waste hierarchy established in directive 2008 / 98 / ec and supporting the conclusion that the feedstock in question does not create an additional demand for land or cause significant distortive effects on markets for products , wastes or residues , that it delivers substantial greenhouse gas emission savings compared to fossil fuels , that it respects the biomass cascading principle , and that it does not risk creating negative impacts on the environment and biodiversity .


### in article 5 , paragraph 5 is deleted . ### in article 5 , paragraph 5 , the last sentence is replaced by the following : ' the commission shall be empowered to adopt delegated acts in accordance with article 25a concerning the adaptation of the energy content of transport fuels as set out in annex iii to scientific and technical progress . '


### irrespective of whether the raw materials were cultivated inside or outside the territory of the community , energy from biofuels and bioliquids shall be taken into account for the purposes referred to in points , and only if they fulfil the sustainability criteria set out in paragraphs 2 to 6 : ### in paragraph 1 , the introductory part of the first subparagraph is replaced by the following : ' 1 . irrespective of whether the raw materials were cultivated inside or outside the territory of the union , energy from biofuels and bioliquids shall be taken into account for the purposes referred to in points , and only if they fulfil the sustainability criteria set out in paragraphs 2 to 6 and do not exceed contributions set out in article 3 : '


### ' 8 . at the request of a member state or on its own initiative , the commission shall examine the application of article 17 in relation to a source of biofuel and , within six months of receipt of a request decide , in accordance with the examination procedure referred to in article 25 , whether the member state concerned may take biofuel from that source into account for the purposes of article 17 . ' . ### ‘ 8 . at the request of a member state or on its own initiative , the commission shall examine the application of article 17 in relation to a source of biofuel or bioliquid and , within six months of receipt of a request decide , in accordance with the examination procedure referred to in article 25 , whether the member state concerned may take biofuel or bioliquid from that source into account for the purposes of article 17 . ’ .


### each member state shall submit a report to the commission on progress in the promotion and use of energy from renewable sources by 31 december 2011 , and every two years thereafter . the sixth report , to be submitted by 31 december 2021 , shall be the last report required . ### in article 22 , the first subparagraph is replaced by the following : ' 1 . each member state shall submit a report to the commission on progress in the promotion and use of energy from renewable sources by 31 december 2011 , and every two years thereafter . ' ;


### in estimating net greenhouse gas emission saving from the use of biofuels , the member state may , for the purpose of the reports referred to in paragraph 1 , use the typical values given in part a and part b of annex v . ### in article 22 , paragraph 2 is replaced by the following : ' 2 . in estimating net greenhouse gas emission savings from the use of biofuels , the member state may , for the purpose of the reports referred to in paragraph 1 , use the typical values given in part a and part b of annex v , and shall add the estimates for any indirect land - use change emissions to be set out in annex viii . '


### ' 4 . in reporting on greenhouse gas emission savings from the use of biofuels and bioliquids , the commission shall use the amounts reported by member states in accordance with point of article 22 , including the provisional mean values of the estimated indirect land use change emissions and the associated range derived from the sensitivity analysis referred to in annex viii . the commission shall make data on provisional estimated indirect land use change emissions and the associated range derived from the sensitivity analysis publicly available . in addition , the commission shall evaluate whether and how the estimate for direct emission savings would change if co products were accounted for using the substitution approach . ' ; ### ' 4 . in reporting on greenhouse gas emission savings from the use of biofuels and bioliquids , the commission shall use the amounts reported by member states in accordance with point of article 22 , including the estimated indirect land use change emissions as set out in annex viii . the commission shall make data on estimated indirect land use change emissions publicly available . in addition , the commission shall evaluate whether and how the estimate for direct emission savings would change if co products were accounted for using the substitution approach . ' ;


### ' article 25a exercise of the delegation the power to adopt delegated acts is conferred on the commission subject to the conditions laid down in this article . 2 . the power to adopt delegated acts referred to in articles 3 and 19 shall be conferred on the commission for a period of five years from … . 3 . the delegation of power referred to in articles 3 and 19 may be revoked at any time by the european parliament or by the council . a decision of revocation shall put an end to the delegation of the power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force . 4 . as soon as it adopts a delegated act , the commission shall notify it simultaneously to the european parliament and to the council . 5 . a delegated act adopted pursuant to articles 3 and 19 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or the council . ' . ### ' article 25a exercise of the delegation the power to adopt delegated acts is conferred on the commission subject to the conditions laid down in this article . 2 . the power to adopt delegated acts referred to in articles 3 , 3 , 5 , 17 , 19 , 19 , 19 and 19 shall be conferred on the commission for a period of five years from … . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period . 3 . the delegation of power referred to in articles 3 , 3 , 5 , 17 , 19 , 19 , 19 and 19 may be revoked at any time by the european parliament or by the council . a decision of revocation shall put an end to the delegation of the power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force . 4 . as soon as it adopts a delegated act , the commission shall notify it simultaneously to the european parliament and to the council . 5 . a delegated act adopted pursuant to articles 3 , 3 , 5 , 17 , 19 , 19 , 19 and 19 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or the council . ' .


### member states shall bring into force the laws , regulations and administrative provisions necessary to comply with this directive by &#8230 ; + . they shall immediately inform the commission thereof . _________ + oj : please insert the date : 24 months after the date of adoption of this directive . ### member states shall bring into force the laws , regulations and administrative provisions necessary to comply with this directive by &#8230 ; + . they shall immediately inform the commission thereof . _________ + oj : please insert the date : 12 months after the date of adoption of this directive .


### in 2020 , member states shall report to the commission on their respective achievements towards their national targets set in accordance with point of article 3 of directive 2009 / 28 / ec , specifying the reasons for any shortfall . ### in 2020 , member states shall report to the commission on their respective achievements towards their national targets set in accordance with point of article 3 of directive 2009 / 28 / ec .


### point 7 of part c of annex iv is replaced by the following : ' 7 . annualised emissions from carbon stock changes caused by land use change , el , shall be calculated by dividing total emissions equally over 20 years . for the calculation of those emissions , the following rule shall be applied : el = × 3 , 664 × 1 / 20 × 1 / p - eb , * where el = annualised greenhouse gas emissions from carbon stock change due to land use change of co2 equivalent per unit biofuel energy ) . ' cropland ' ** and ' perennial cropland ' *** shall be regarded as one land use ; csr = the carbon stock per unit area associated with the reference land use of carbon per unit area , including both soil and vegetation ) . the reference land use shall be the land use in january 2008 or 20 years before the raw material was obtained , whichever was the later ; csa = the carbon stock per unit area associated with the actual land use of carbon per unit area , including both soil and vegetation ) . in cases where the carbon stock accumulates over more than one year , the value attributed to csa shall be the estimated stock per unit area after 20 years or when the crop reaches maturity , whichever is the earlier ; p = the productivity of the crop ; and eb = bonus of 29 gco2eq / mj biofuel if biomass is obtained from restored degraded land under the conditions provided for in point 8 . _________ * the quotient obtained by dividing the molecular weight of co2 by the molecular weight of carbon is equal to 3 , 664 . ** cropland as defined by ipcc . *** perennial crops are defined as multi annual crops , the stem of which is usually not annually harvested such as short rotation coppice and oil palm . ' . ### in annex iv , part c is amended as follows : point 7 is replaced by the following : ' 7 . annualised emissions from carbon stock changes caused by land - use change , el , shall be calculated by dividing total emissions equally over 20 years . for the calculation of these emissions the following rule shall be applied : el = × 3 , 664 × 1 / 20 × 1 / p , where el = annualised greenhouse gas emissions from carbon stock change due to land - use change of co2 - equivalent per unit biofuel energy ) ; csr = the carbon stock per unit area associated with the reference land - use of carbon per unit area , including both soil and vegetation ) . the reference land - use shall be the land use in january 2008 or 20 years before the raw material was obtained , whichever was the later ; csa = the carbon stock per unit area associated with the actual land - use of carbon per unit area , including both soil and vegetation ) . in cases where the carbon stock accumulates over more than one year , the value attributed to csa shall be the estimated stock per unit area after 20 years or when the crop reaches maturity , whichever the earlier ; and p = the productivity of the crop . ' _________


### point 7 of part c of annex v is replaced by the following : ' 7 . annualised emissions from carbon stock changes caused by land use change , el , shall be calculated by dividing total emissions equally over 20 years . for the calculation of those emissions , the following rule shall be applied : el = × 3 , 664 × 1 / 20 × 1 / p - eb , * where el = annualised greenhouse gas emissions from carbon stock change due to land use change of co2 equivalent per unit of biofuel or bioliquid energy ) . ' cropland ' ** and ' perennial cropland ' *** shall be regarded as one land use ; csr = the carbon stock per unit area associated with the reference land use of carbon per unit area , including both soil and vegetation ) . the reference land use shall be the land use in january 2008 or 20 years before the raw material was obtained , whichever was the later ; csa = the carbon stock per unit area associated with the actual land use of carbon per unit area , including both soil and vegetation ) . in cases where the carbon stock accumulates over more than one year , the value attributed to csa shall be the estimated stock per unit area after 20 years or when the crop reaches maturity , whichever the earlier ; p = the productivity of the crop ; and eb = bonus of 29 gco2eq / mj biofuel or bioliquid if biomass is obtained from restored degraded land under the conditions provided for in point 8 . ________________ * the quotient obtained by dividing the molecular weight of co2 by the molecular weight of carbon is equal to 3 , 664 . ** cropland as defined by ipcc . ***perennial crops are defined as multi annual crops , the stem of which is usually not annually harvested such as short rotation coppice and oil palm . ' . ### in annex v , part c is amended as follows : point 7 is replaced by the following : ʽ7 . annualised emissions from carbon stock changes caused by land - use change , el , shall be calculated by dividing total emissions equally over 20 years . for the calculation of these emissions the following rule shall be applied : el = × 3 , 664 × 1 / 20 × 1 / p , where el = annualised greenhouse gas emissions from carbon stock change due to land - use change of co2 - equivalent per unit biofuel energy ) ; csr = the carbon stock per unit area associated with the reference land - use of carbon per unit area , including both soil and vegetation ) . the reference land - use shall be the land - use in january 2008 or 20 years before the raw material was obtained , whichever was the later ; csa = the carbon stock per unit area associated with the actual land - use of carbon per unit area , including both soil and vegetation ) . in cases where the carbon stock accumulates over more than one year , the value attributed to csa shall be the estimated stock per unit area after 20 years or when the crop reaches maturity , whichever the earlier ; and p = the productivity of the crop . ʼ


### as a consequence , unece regulations and the amendments thereto which the union has voted in favour of or to which the union has acceded , in application of decision 97 / 836 / ec , should be recognized as equivalent to eu type - approvals granted under this regulation . accordingly , the commission should be empowered to adopt delegated acts in order to determine which unece regulations will apply to eu type - approvals . ### as a consequence , unece regulations and the amendments thereto which the union has voted in favour of or to which the union has acceded , in application of decision 97 / 836 / ec , should be recognized as equivalent to eu type - approvals granted under this regulation . accordingly , in order to align this regulation as close as possible to agreed unece texts , the commission should be empowered to adopt delegated acts in order to determine which unece regulations will apply to eu type - approvals .


### before leaving the production line the engines must bear the marking required by this regulation . ### before leaving the production line the engines must bear the marking required by this regulation . this requirement shall in no way affect other markings required under member state or union legislation .


### the objectives of an instrument for pre - accession are substantially distinct from the general objectives of union external action as this instrument aims to prepare the beneficiaries listed in annex i for future membership of the union and support their accession process . it is therefore essential to have a dedicated instrument in support of enlargement , while ensuring its complementarity with the general objectives of union external action and in particular with the neighbourhood , development and international cooperation instrument . ### the objectives of an instrument for pre - accession are substantially distinct from the general objectives of union external action as this instrument aims to prepare the beneficiaries listed in annex i for future membership of the union and support their accession process . it is therefore essential to have a dedicated instrument in support of enlargement , while ensuring its complementarity and consistency with the general objectives of union external action and in particular with the neighbourhood , development and international cooperation instrument .


### the union should provide support to the transition towards accession for the benefit of the beneficiaries listed in annex i , based on the experience of its member states . this cooperation should focus in particular on the sharing of experience acquired by the member states in the reform process . ### the union should provide support to the transition towards accession for the benefit of the beneficiaries listed in annex i , based on the experience of its member states . this cooperation should focus in particular on the sharing of experience acquired by the member states in the political reform process as well as economic and customs cooperation .


### the beneficiaries listed in annex i need to be better prepared to address global challenges , such as sustainable development and climate change , and align with the union ' s efforts to address those issues . reflecting the importance of tackling climate change in line with the union ' s commitments to implement the paris agreement and the sustainable development goals , this programme should contribute to mainstream climate action in the union ' s policies and to the achievement of an overall target of 25 % of the eu budget expenditures supporting climate objectives . actions under this programme are expected to contribute 16 % of the overall financial envelope of the programme to climate objectives . relevant actions will be identified during the programme ' s preparation and implementation , and the overall contribution from this programme should be part of relevant evaluations and review processes . ### the beneficiaries listed in annex i need to be better prepared to address global challenges , such as sustainable development and climate change , the pursuit of a rules - and values - based global order and align with the union ' s efforts to address those issues . reflecting the importance of tackling climate change in line with the union ' s commitments to implement the paris agreement and the sustainable development goals , this programme should contribute to mainstream climate action in the union ' s policies and to the achievement of an overall target of 25 % of the eu budget expenditures supporting climate objectives . actions under this programme are expected to contribute 16 % of the overall financial envelope of the programme to climate objectives . relevant actions will be identified during the programme ' s preparation and implementation , and the overall contribution from this programme should be part of relevant evaluations and review processes .


### the priorities for action towards meeting objectives in the relevant policy areas which will be supported under this regulation should be defined in a programming framework established by the commission for the duration of the union multiannual financial framework for the period from 2021 to 2027 in partnership with the beneficiaries listed in annex i , based on the enlargement agenda and their specific needs , in line with the general and specific objectives defined by this regulation and taking relevant national strategies into due account . the programming framework should identify the areas to be supported through assistance with an indicative allocation per area of support , including an estimate of climate - related expenditure . ### the priorities for action towards meeting objectives in the relevant policy areas which will be supported under this regulation should be defined in a programming framework established by the commission , in cooperation with the european parliament , for the duration of the union multiannual financial framework for the period from 2021 to 2027 in partnership with the beneficiaries listed in annex i , based on the enlargement agenda and their specific needs , in line with the general and specific objectives defined by this regulation and taking relevant national strategies into due account . the programming framework should identify the areas to be supported through assistance with an indicative allocation per area of support , including an estimate of climate - related expenditure .


### the union should seek the most efficient use of available resources in order to optimise the impact of its external action . that should be achieved through coherence and complementarity among the union ' s external financing instruments , as well as the creation of synergies with other union policies and programmes . this includes , where relevant , coherence and complementarity with macro - financial assistance . ### the union should seek the most efficient use of available resources in order to optimise the impact of its external action . that should be achieved through coherence and complementarity among the union ' s external financing instruments , as well as the creation of synergies with other union policies and programmes , trade relations between the union and the beneficiaries in annex i in particular . this includes , where relevant , coherence and complementarity with macro - financial assistance .


### external actions are often implemented in a highly volatile environment requiring a continuous and rapid adaptation to the evolving needs of union partners and to global challenges such as human rights , democracy and good governance , security and stability , climate change and environment and irregular migration and its root causes . reconciling the principle of predictability with the need to react rapidly to new needs consequently means adapting the financial implementation of the programmes . to increase the ability of the union to respond to unforeseen needs , while respecting the principle that the union budget is set annually , this regulation should preserve the possibility to apply the flexibilities already allowed by the financial regulation for other policies , namely carry - overs and re - commitments of committed funds , to ensure an efficient use of the eu funds both for the eu citizens and the beneficiaries listed in annex i , thus maximising the eu funds available for the eu external action interventions . ### external actions are often implemented in a highly volatile environment requiring a continuous and rapid adaptation to the evolving needs of union partners and to global challenges such as human rights , democracy and good governance , security and stability , climate change and environment , protectionism and irregular migration and its root causes . reconciling the principle of predictability with the need to react rapidly to new needs consequently means adapting the financial implementation of the programmes . to increase the ability of the union to respond to unforeseen needs , while respecting the principle that the union budget is set annually , this regulation should preserve the possibility to apply the flexibilities already allowed by the financial regulation for other policies , namely carry - overs and re - commitments of committed funds , to ensure an efficient use of the eu funds both for the eu citizens and the beneficiaries listed in annex i , thus maximising the eu funds available for the eu external action interventions .


### to strengthen economic and social development including through increased connectivity and regional development , agriculture and rural development and social and employment policies , to reinforce environmental protection , increase resilience to climate change , accelerate the shift towards a low - carbon economy and develop the digital economy and society . ### to strengthen economic and social development and cooperation including through increased connectivity and regional development , agriculture and rural development and social and employment policies , to reinforce environmental protection , increase resilience to climate change , accelerate the shift towards a low - carbon economy and develop the digital economy and society .


### the enlargement policy framework defined by the european council and the council , the agreements that establish a legally binding relationship with the beneficiaries listed in annex i , as well as relevant resolutions of the european parliament , communications of the commission or joint communications of the commission and the high representative of the union for foreign affairs and security policy , shall constitute the overall policy framework for the implementation of this regulation . the commission shall ensure coherence between the assistance and the enlargement policy framework . ### the enlargement policy framework defined by the european council and the council , the agreements that establish a legally binding relationship with the beneficiaries listed in annex i , as well as relevant resolutions of the european parliament , &#160 ; findings and conclusions of&#160 ; monitoring groups , missions and delegations of the&#160 ; european parliament , communications of the commission or joint communications of the commission and the high representative of the union for foreign affairs and security policy , shall constitute the overall policy framework for the implementation of this regulation . the commission shall ensure coherence between the assistance and the enlargement policy framework .


### assistance under ipa iii shall be based on an ipa programming framework for the delivery of the specific objectives referred to in article 3 . the ipa programming framework shall be established by the commission for the duration of the union ' s multiannual financial framework . ### assistance under ipa iii shall be based on an ipa programming framework for the delivery of the specific objectives referred to in article 3 . the ipa programming framework shall be established by the commission&#160 ; after consultation with the european parliament&#160 ; for the duration of the union ' s multiannual financial framework .


### certain applicants may be in need of special procedural guarantees due , inter alia , to their age , gender , sexual orientation , gender identity , disability , serious illness , mental disorders or as a consequence of torture , rape or other serious forms of psychological , physical , sexual or gender - based violence . it is necessary to systematically assess whether an individual applicant is in need of special procedural guarantees and identify those applicants as early as possible from the moment an application is made and before a decision is taken . ### certain applicants may be in need of specific procedural guarantees due , inter alia , to their age , gender , sexual orientation , gender identity , disability , serious illness , mental disorders or as a consequence of torture , rape or other serious forms of psychological , physical , sexual or gender - based violence . it is necessary to systematically assess whether an individual applicant is in need of specific procedural guarantees and identify those applicants as early as possible from the moment an application is made and before a decision is taken .


### to ensure that the identification of applicants in need of special procedural guarantees takes place as early as possible , the personnel of the authorities responsible for receiving and registering applications should be adequately trained to detect signs of vulnerability signs and they should receive appropriate instructions for that purpose . further measures dealing with identification and documentation of symptoms and signs of torture or other serious acts of physical or psychological violence , including acts of sexual violence , in procedures covered by this regulation should , inter alia , be based on the manual on effective investigation and documentation of torture and other cruel , inhuman or degrading treatment or punishment . ### to ensure that the identification of applicants in need of specific procedural guarantees takes place as early as possible , the personnel of the authorities responsible for receiving and registering applications should be adequately trained to detect signs of vulnerability signs and they should receive appropriate instructions for that purpose . further measures dealing with identification and documentation of symptoms and signs of torture or other serious acts of physical or psychological violence , including acts of sexual violence , in procedures covered by this regulation should , inter alia , be based on the manual on effective investigation and documentation of torture and other cruel , inhuman or degrading treatment or punishment .


### applicants who are identified as being in need of special procedural guarantees should be provided with adequate support , including sufficient time , in order to create the conditions necessary for their effective access to procedures and for presenting the elements needed to substantiate their application for international protection . where it is not possible to provide adequate support in the framework of an accelerated examination procedure or a border procedure , an applicant in need of special procedural guarantees should be exempted from those procedures . the need for special procedural guarantees of a nature that could prevent the application of accelerated or border procedures should also mean that the applicant is provided with additional guarantees in cases where his or her appeal does not have automatic suspensive effect , with a view to making the remedy effective in his or her particular circumstances . ### applicants who are identified as being in need of specific procedural guarantees should be provided with adequate support , including sufficient time , in order to create the conditions necessary for their effective access to procedures and for presenting the elements needed to substantiate their application for international protection . where it is not possible to provide adequate support in the framework of an accelerated examination procedure or a border procedure , an applicant in need of specific procedural guarantees should be exempted from those procedures . the need for specific procedural guarantees of a nature that could prevent the application of accelerated or border procedures should also mean that the applicant is provided with additional guarantees in cases where his or her appeal does not have automatic suspensive effect , with a view to making the remedy effective in his or her particular circumstances .


### an application should be registered as soon as it is made . at this stage , the authorities responsible for receiving and registering applications , including border guards , police , immigration authorities and authorities responsible for detention facilities should register the application together with the personal details of the individual applicant . those authorities should inform the applicant of his or her rights and obligations , as well as the consequences for the applicant in case of non - compliance with those obligations . the applicant should be given a document certifying that an application has been made . the time limit for lodging an application starts to run from the moment an application is registered . ### an application should be registered as soon as possible after it is made . at this stage , the authorities responsible for receiving and registering applications , including border guards , police , immigration authorities and authorities responsible for detention facilities should register the application together with the personal details of the individual applicant . those authorities should inform the applicant of his or her rights and obligations , as well as the consequences for the applicant in case of non - compliance with those obligations . the applicant should be given a document certifying that an application has been made . the time limit for lodging an application starts to run from the moment an application is registered .


### before determining the member state responsible in accordance with regulation no xxx / xxx of the european parliament and of the council , 29 the first member state in which an application has been lodged should examine the admissibility of that application when a country which is not a member state is considered as a first country of asylum or safe third country for the applicant . in addition , an application should be considered to be inadmissible when it is a subsequent applicant without new relevant elements or findings and when a separate application by a spouse , partner , dependent adult or minor is not considered to be justified . _________________ 29 oj l [ … ] , [ … ] , p . [ … ] . ### deleted


### ' applicant in need of special procedural guarantees ' means an applicant whose ability to benefit from the rights and comply with the obligations provided for in this regulation is limited due to individual circumstances ; ### ' applicant in need of specific procedural guarantees ' means an applicant whose ability to benefit from the rights and comply with the obligations provided for in this regulation is limited due to individual circumstances ;


### the personnel interviewing applicants , including experts deployed by the european union agency for asylum , shall have received relevant training in advance which shall include the elements listed in article 7 of regulation no xxx / xxx , including as regards international human rights law , union asylum law , and rules on access to the international protection procedure , including for persons who could require special procedural guarantees . ### the personnel interviewing applicants , including experts deployed by the european union agency for asylum , shall have received relevant training in advance which shall include the elements listed in article 7 of regulation no xxx / xxx , including as regards international human rights law , union asylum law , and rules on access to the international protection procedure , including for persons who could require specific procedural guarantees .


### applicants and their legal advisers or other counsellors shall have access to the report or the transcript and the recording before the determining authority takes a decision . ### the determining authority shall ensure that the applicant and / or the guardian , the legal advisor or counsellor who is representing the applicant have access to the report and the transcript and the recording as soon as possible after the interview , and in any case in due time before the determining authority takes a decision .


### special guarantees ### specific guarantees


### applicants in need of special procedural guarantees ### applicants in need of specific procedural guarantees


### the determining authority shall systematically assess whether an individual applicant is in need of special procedural guarantees . that assessment may be integrated into existing national procedures or into the assessment referred to in article 21 of directive xxx / xxx / eu and need not take the form of an administrative procedure . ### the determining authority shall systematically assess whether an individual applicant is in need of specific procedural guarantees . that assessment may be integrated into existing national procedures or into the assessment referred to in article 21 of directive xxx / xxx / eu and need not take the form of an administrative procedure .


### for the purpose of that assessment , the determining authority shall respect the general principles for the assessment of special procedural needs set out in article 20 . ### for the purpose of that assessment , the determining authority shall respect the general principles for the assessment of specific procedural needs set out in article 20 .


### where applicants have been identified as applicants in need of special procedural guarantees , they shall be provided with adequate support allowing them to benefit from the rights and comply with the obligations under this regulation throughout the duration of the procedure for international protection . ### where applicants have been identified as applicants in need of specific procedural guarantees , they shall be provided with adequate support allowing them to benefit from the rights and comply with the obligations under this regulation throughout the duration of the procedure for international protection .


### general principles for the assessment of special procedural needs ### general principles for the assessment of specific procedural needs


### the process of identifying applicants with special procedural needs shall be initiated by authorities responsible for receiving and registering applications as soon as an application is made and shall be continued by the determining authority once the application is lodged . ### the process of identifying applicants with specific procedural needs shall be initiated by authorities responsible for receiving and registering applications as soon as an application is made and shall be continued by the determining authority once the application is lodged .


### the personnel of the authorities responsible for receiving and registering applications shall , when registering the application , indicate whether or not an applicant presents first indications of vulnerability which may require special procedural guarantees and may be inferred from physical signs or from the applicant ' s statements or behaviour . ### the personnel of the authorities responsible for receiving and registering applications shall , when registering the application , indicate whether or not an applicant presents first indications of vulnerability which may require specific procedural guarantees and may be inferred from physical signs or from the applicant ' s statements or behaviour .


### the information that an applicant presents first signs of vulnerability shall be included in the applicant ' s file together with the description of the signs of vulnerability presented by the applicant that could require special procedural guarantees . ### the information that an applicant presents first signs of vulnerability shall be included in the applicant ' s file together with the description of the signs of vulnerability presented by the applicant that could require specific procedural guarantees .


### member states shall ensure that the personnel of the authorities referred to in article 5 is trained to detect first signs of vulnerability of applicants that could require special procedural guarantees and that it shall receive instructions for that purpose . ### member states shall ensure that the personnel of the authorities referred to in article 5 is trained to detect first signs of vulnerability of applicants that could require specific procedural guarantees and that it shall receive instructions for that purpose .


### the responsible authorities shall address the need for special procedural guarantees as set out in this article even where that need becomes apparent at a later stage of the procedure , without having to restart the procedure for international protection . ### the responsible authorities shall address the need for specific procedural guarantees as set out in this article even where that need becomes apparent at a later stage of the procedure , without having to restart the procedure for international protection .


### the determining authority shall provide a minor the opportunity of a personal interview , including where an application is made on his or her own behalf in accordance with article 31 and article 32 , unless this is manifestly not in the best interests of the child . in that case , the determining authority shall give reasons for the decision not to provide a minor with the opportunity of a personal interview . ### the determining authority shall provide a minor with a personal interview , including where an application is made on his or her own behalf in accordance with article 31 and article 32 , unless this is manifestly not in the best interests of the child . in that case , the determining authority shall give reasons for the decision not to provide a minor with a personal interview .


### any such personal interview shall be conducted by a person who has the necessary knowledge of the rights and special needs of minors and it shall be conducted in a child - sensitive and context - appropriate manner . ### any such personal interview shall be conducted in language they understand , in a child - sensitive and context - appropriate manner . the person conducting the personal interview shall have the necessary knowledge of the rights and special needs of minors and shall not wear military or law enforcement uniform


### any such personal interview shall be conducted by a person who has the necessary knowledge of the rights and special needs of minors and it shall be conducted in a child - sensitive and context - appropriate manner . ### any such personal interview shall be conducted by a person who has the necessary knowledge of the rights and specific needs of minors and it shall be conducted in a child - sensitive and context - appropriate manner .


### the decision on the application of a minor shall be prepared by personnel of the determining authority who have the necessary knowledge of the rights and special needs of minors . ### the decision on the application of a minor shall be prepared by personnel of the determining authority who have the necessary knowledge of the rights and specific needs of minors .


### special guarantees for unaccompanied minors ### specific guarantees for unaccompanied minors


### the determining authority shall inform the guardian of all relevant facts , procedural steps and time - limits pertaining to the unaccompanied minor . ### the determining authority shall inform the guardian of all relevant facts , procedural steps and time - limits pertaining to the unaccompanied minor . the guardian shall further have access to the content of the relevant documents in the applicants file including the specific information materials for unaccompanied minors .


### the responsible authorities shall not place a guardian in charge of a disproportionate number of unaccompanied minors at the same time , which would render him or her unable to perform his or her tasks effectively . ### the responsible authorities shall place a guardian in charge of an adequate and limited number of unaccompanied minors at the same time , which would render him or her to ensure he or she is unable to perform his or her tasks effectively . '


### any medical examination shall be performed with full respect for the individual’s dignity , shall be the least invasive examination and shall be carried out by qualified medical professionals allowing for the most reliable result possible . ### any medical examination shall be performed with full respect for the individual ' s dignity , shall be the least invasive examination and shall be carried out by independent , trained and qualified medical professionals who are familiar with the applicant ' s ethnic and cultural background and in cooperation with a multi - disciplinary team with expertise in child rights , psychology and development , thereby allowing for the most reliable result possible .


### where there are indications that third - country nationals or stateless persons held in detention facilities or present at border crossing points , including transit zones , at external borders , may need international protection , the responsible authorities shall inform them of the possibility to apply for international protection , in particular , where : ### the responsible authorities shall inform all third - country nationals or stateless persons held in detention facilities or present at border crossing points , including transit zones , at external borders and that may need international protection of the possibility to apply for international protection


### an applicant may , of his or her own motion and at any time during the procedure , withdraw his or her application . ### an applicant may , of his or her own motion and at any time during the procedure , withdraw his or her application . the determining authority shall ensure that the applicant understands all procedural consequences of such a decision .


### where the applicant does not report to the determining authority within this one - month period and does not demonstrate that his or her failure was due to circumstances beyond his or her control , the determining authority shall consider that the application has been implicitly withdrawn . ### where the applicant does not report to the determining authority within this one - month period the determining authority shall consider that the application has been implicitly withdrawn .


### the applicant may only bring forward new elements which are relevant for the examination of his or her application and which he or she could not have been aware of at an earlier stage or which relate to changes to his or her situation . ### the applicant may only bring forward new elements which are relevant for the examination of his or her application


### member states shall , in liaison with the commission , take all appropriate measures to establish direct cooperation and an exchange of information between the responsible authorities . ### member states shall , in liaison with the commission , take all appropriate measures to establish direct cooperation and an exchange of information between the responsible authorities as well as between the responsible authorities and the european union agency for asylum .


### the implementation of the interoperability components provided for in this regulation will have an impact on the way checks are carried out at border crossing points . these impacts will result from a combined application of the existing rules of the regulation 2016 / 399 of the european parliament and of the council60 and the rules on interoperability provided for in this regulation . _________________ 60 regulation 2016 / 399 of the european parliament and of the council of 9 march 2016 on a union code on the rules governing the movement of persons across borders , oj l 77 , 23 . 3 . 2016 , p . 1 . ### the implementation of the interoperability components provided for in this regulation and the integration of the existing national systems and infrastructures with those components will have an impact on the way checks are carried out at border crossing points . these impacts will result from a combined application of the existing rules of the regulation 2016 / 399 of the european parliament and of the council60 and the rules on interoperability provided for in this regulation . _________________ 60 regulation 2016 / 399 of the european parliament and of the council of 9 march 2016 on a union code on the rules governing the movement of persons across borders , oj l 77 , 23 . 3 . 2016 , p . 1 .


### strengthening and simplifying and making more uniform the data security and data protection conditions that govern the respective eu information systems ; ### strengthening and simplifying the data security and data protection conditions that govern the respective eu information systems , without prejudice to the special protection and safeguards afforded to certain categories of data ;


### processing of personal data for the purposes of this regulation shall not result in discrimination against persons on any grounds such as sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation . it shall fully respect human dignity and integrity . particular attention shall be paid to children , the elderly and persons with a disability . ### the protection of natural persons in relation to the processing of personal data is a fundamental right . article 8 of the charter of fundamental rights of the european union and article 16 of the treaty on the functioning of the european union provide that everyone has the right to the protection of personal data concerning him or her . processing of personal data for the purposes of this regulation by any user shall not result in discrimination against persons on any grounds such as sex , colour , social , racial or ethnic origin , religion or belief , political or any other opinion , membership of a national minority , property , birth , genetic features , language , disability , age or sexual orientation . it shall fully respect human dignity and integrity and fundamental rights , including the right to respect for one’s private life and to the protection of personal data . particular attention shall be paid to children , the elderly and persons with a disability . the best interests of the child shall be a primary consideration .


### the users of the esp shall launch a query by introducing data in the esp in accordance with their user profile and access rights . where a query has been launched , the esp shall query simultaneously , with the data introduced by the user of the esp , the ees , [ the etias ] , the vis , the sis , eurodac , [ the ecris - tcn system ] and the cir as well as the europol data and the interpol databases . ### the users of the esp shall launch a query by introducing data in the esp in accordance with their user profile and access rights . where a query has been launched , the esp shall query simultaneously , with the data introduced by the user of the esp , the ees , [ the etias ] , the vis , the sis , eurodac , [ the ecris - tcn system ] and the cir as well as the europol data and the interpol databases . a search launched by the user of the esp shall only query the systems he or she is authorised to access .


### the logs may be used only for data protection monitoring , including checking the admissibility of a query and the lawfulness of data processing , and for ensuring data security pursuant to article 42 . those logs shall be protected by appropriate measures against unauthorised access and erased one year after their creation , unless they are required for monitoring procedures that have already begun . ### the logs may be used only for data protection monitoring , including checking the admissibility of a query and the lawfulness of data processing , for self - monitoring , and for ensuring the proper functioning and the data integrity and security pursuant to article 42 . those logs shall be protected by appropriate measures against unauthorised access and erased two years after their creation , unless they are required for monitoring procedures that have already begun .


### the logs referred to in paragraphs 1 and 5 may be used only for data protection monitoring , including checking the admissibility of a request and the lawfulness of data processing , and for ensuring data security pursuant to article 42 . they shall be protected by appropriate measures against unauthorised access and erased one year after their creation , unless they are required for monitoring procedures that have already begun . ### the logs referred to in paragraphs 1 , 5 and 5a may be used only for data protection monitoring , including checking the admissibility of a request , the lawfulness of data processing , for self - monitoring , and for ensuring the proper functioning and the data integrity and security pursuant to article 42 . they shall be protected by appropriate measures against unauthorised access and erased two years after their creation , unless they are required for monitoring procedures that have already begun .


### where it is technically impossible to use the esp to query one or several eu information systems referred to in article 9 or the cir , because of a failure of the esp , the users of the esp shall be notified by eu - lisa . ### where it is technically impossible to use the esp to query one or several eu information systems referred to in article 9 or the cir , because of a failure of the esp , the users of the esp shall be immediately notified by eu - lisa .


### the data referred to in article 13 shall be stored in the shared bms for as long as the corresponding biometric data is stored in the cir or the sis . ### the data referred to in article 13 and shall be automatically deleted from the bms in accordance with the data retention provisions of regulation 2017 / 2226 , regulation no 767 / 2008 , [ regulation on sis in the field of border checks ] , [ regulation on sis in the field of law enforcement ] , [ regulation on sis in the field of illegal return ] , [ eurodac regulation ] , and [ ecris - tcn regulation ] respectively .


### the logs may be used only for data protection monitoring , including checking the admissibility of a request and the lawfulness of data processing , and for ensuring data security pursuant to article 42 . the logs shall be protected by appropriate measures against unauthorised access and erased one year after their creation , unless they are required for monitoring procedures that have already begun . the logs related to the history of the identity confirmation file shall be erased once the data in the identity confirmation file is erased . ### the logs may be used only for data protection monitoring , including checking the admissibility of a request and the lawfulness of data processing , for self - monitoring , and for ensuring the proper functioning and the data integrity and security pursuant to article 42 . the logs shall be protected by appropriate measures against unauthorised access and erased two years after their creation , unless they are required for monitoring procedures that have already begun . the logs related to the history of the identity confirmation file shall be erased once the data in the identity confirmation file is erased .