### member states may request total or partial reimbursement of any costs made if and when the applicant’s financial situation considerably improves or where the decision to make such costs was taken on the basis of false information supplied by the applicant . ### with due respect of the provisions of article 14 member states may end the provision of free legal assistance in accordance with article 15b and 15b if and when the applicant’s financial situation considerably improves . member states may request total or partial reimbursement of any costs made where the decision to make such costs was taken on the basis of false information supplied by the applicant if it can be established that the applicant has sufficient resources .


### the determining authority shall consider a third country to be a safe third country for a particular applicant , after an individual examination of the application , only where it is satisfied of the safety of the third country for a particular applicant in accordance with the criteria established in paragraph 1 and it has established that : ### the determining authority may consider a third country to be a safe third country for a particular applicant , after an individual examination of the application , only where it is satisfied of the safety of the third country for a particular applicant in accordance with the criteria established in paragraph 1 and it has established that :


### the determining authority shall assess the admissibility of an application , in accordance with the basic principles and guarantees provided for in chapter ii , and shall reject an application as inadmissible where any of the following grounds applies : ### the determining authority may assess the admissibility of an application , in accordance with the basic principles and guarantees provided for in chapter ii , and may reject an application as inadmissible where any of the following grounds applies :


### within one week in the case of a decision rejecting a subsequent application as inadmissible or manifestly unfounded ; ### within two weeks in the case of a decision rejecting an application as inadmissible or in the case of a decision rejecting an application as explicitly withdrawn or as abandoned , or in the case of a decision rejecting an application as unfounded or manifestly unfounded in relation to refugee or subsidiary protection status following an accelerated examination procedure or border procedure or while the applicant is held in detention ;


### the information referred to in the first paragraph shall be given in good time to enable the applicants to exercise the rights guaranteed in this regulation and for them to adequately comply with the obligations set out in article 7 . ### the information referred to in the first paragraph shall be provided as soon as the application is registered to enable the applicants to exercise the rights guaranteed in this regulation and for them to adequately comply with the obligations set out in article 7 . the information shall be provided both in written and oral form , where appropriate with the support of multimedia equipment . oral information may be given either in individual or group sessions and applicants shall have the possibility to ask questions about the procedural steps they are expected to follow with regard to the process of determining a responsible member state in accordance with this regulation . in the case of minors , information shall be provided in a child friendly manner by appropriately trained staff and with the involvement of the guardian .


### where the applicant reports to the determining authority within that one - month period and demonstrates that his or her failure was due to circumstances beyond his or her control , the determining authority shall resume the examination of the application . ### where the applicant reports to the determining authority within that one - month period the determining authority shall resume the examination of the application .


### a decision on an application for international protection shall be given in writing and it shall be notified to the applicant without undue delay in a language he or she understands or is reasonably meant to understand . ### a decision on an application for international protection shall be given in writing and it shall be notified to the applicant without undue delay in a language he or she understands .


### the responsible authorities shall , as soon as possible and not later than five working days from the moment when an unaccompanied minor makes an application , appoint a person or an organisation as a guardian . ### the responsible authorities shall , as soon as possible and not later than five days from the moment when an unaccompanied minor disembarks in the territory of the european union , appoint a person or an organisation as a guardian .


### as regards unaccompanied minors , the concept of safe third country may only be applied where the authorities of the member states have first received from the authorities of the third country in question confirmation that the unaccompanied minor shall be taken in charge by those authorities and that he or she shall immediately have access to one of the forms of protection referred to in paragraph 1 . ### the concept of safe third country shall not be applied in respect of unaccompanied minors .


### an applicant may lodge an application on behalf of his or her spouse or partner in a stable and durable relationship , minors or dependent adults without legal capacity . ### an applicant may lodge an application on behalf of minors or dependent adults without legal capacity .


### the applicant shall make his or her application in the member state of first entry or , where he or she is legally present in a member state , he or she shall make the application in that member state as provided for in article 4 of regulation no xxx / xxx . ### when a third - country national or a stateless person makes an application for international protection from a member state , the applicant shall cooperate with the responsible authorities for them to establish his or her identity as well as to register , enable the lodging of and examine the application by : providing the data referred to in points and of the second paragraph of article 27 ; providing fingerprints and facial image as referred to in regulation no xxx / xxx . 1a _________________ 1a oj l [ . . . ] , [ . . . ] , p . [ . . . ] .


### a third country shall be considered to be a first country of asylum for a particular applicant provided that : ### a third country may be considered to be a first country of asylum for a particular applicant provided that :


### member states may also impose monetary limits or time limits on the provision of free legal assistance and representation , provided that such limits do not arbitrarily restrict access to free legal assistance and representation . as regards fees and other costs , the treatment of applicants shall not be less favourable than the treatment generally given to their nationals in matters pertaining to legal assistance . ### member states may also impose monetary limits or time limits on the provision of free legal assistance and representation , provided that such limits are not arbitrary and do not unduly restrict access to free legal assistance and representation . as regards fees and other costs , the treatment of applicants shall not be less favourable than the treatment generally given to their nationals in matters pertaining to legal assistance .


### 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 .


### in the case of an unaccompanied minor , the ten working - day period for the lodging the application provided for in article 28 shall only start to run from the moment a guardian of the unaccompanied minor is appointed and has met with him or her . where his or her guardian does not lodge an application on behalf of the unaccompanied minor within those ten working days , the determining authority shall lodge an application on behalf of the unaccompanied minor if , on the basis of an individual assessment of his or her personal situation , it is of the opinion that the minor may need international protection . ### in the case of an unaccompanied minor , the 15 working - day period for the lodging the application provided for in article 28 shall only start to run from the moment a guardian of the unaccompanied minor is appointed and has met with him or her . where his or her guardian does not lodge an application on behalf of the unaccompanied minor within those 15 working days , the determining authority shall lodge an application on behalf of the unaccompanied minor .


### the commission may specify the details and specific measures for assessing and addressing the special procedural needs of applicants , including of unaccompanied minors , by means of implementing acts . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 58 . ### the commission may specify the details and specific measures for assessing and addressing the specific procedural needs of applicants , including of unaccompanied minors , by means of implementing acts . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 58 .


### where the adult responsible for the accompanied minor does not make an application for himself or herself , the accompanied minor shall be clearly informed of the possibility and procedure for lodging an application in his or her own name at the time of the making of his or her application . ### where the adult responsible for the accompanied minor does not make an application for himself or herself , the accompanied minor shall be clearly informed of the possibility and procedure for lodging an application in his or her own name at the time of the making of his or her application and given an effective opportunity to do so within the ten working days provided for in article 28 if he or she has the legal capacity to act in procedures according to the national law of the member state concerned . where the minor does not have the legal capacity to act in procedures according to the national law of the member state concerned , the determining authority shall act on behalf of the minor , with due regard to his or her views


### the responsible authorities shall , as soon as possible and not later than five working days from the moment when an unaccompanied minor makes an application , appoint a person or an organisation as a guardian . ### the responsible authorities shall , as soon as possible and not later than five days from the moment an unaccompanied minor arrives in the member state , appoint a person or an organisation as a guardian .


### where the adult responsible for the accompanied minor does not lodge an application on behalf of the minor within the ten working days provided for in article 28 , the minor shall be informed of the possibility to lodge his or her application in his or her own name and given an opportunity to do so within a further ten working - day period starting from the expiry of the first ten working - day period if he or she has the legal capacity to act in procedures according to the national law of the member state concerned . where the minor does not lodge his or her application in his or her own name within these further ten working days , the application shall be rejected as abandoned in accordance with the procedure referred to in article 39 . ### where the adult responsible for the accompanied minor does not lodge an application on behalf of the minor within the ten working days provided for in article 28 , the minor shall be informed of the possibility and the procedure to lodge his or her application in his or her own name and given an effective opportunity to do so within a further ten working - day period starting from the moment the minor is informed if he or she has the legal capacity to act in procedures according to the national law of the member state concerned . where the minor does not lodge his or her application in his or her own name within these further ten working days , the application shall be rejected as abandoned in accordance with the procedure referred to in article 39 . where the minor does not have the legal capacity to act in procedures according to the national law of the member state concerned , the determining authority shall act on behalf of the minor , with due regard to his or her views .


### where that adequate support cannot be provided within the framework of the accelerated examination procedure referred to in article 40 or the border procedure referred to in article 41 , in particular where the determining authority considers that the applicant is in need of special procedural guarantees as a result of torture , rape or other serious forms of psychological , physical , sexual violence or gender - based violence , the determining authority shall not apply , or shall cease to apply those procedures to the applicant . ### where that adequate support cannot be provided within the framework of the accelerated examination procedure referred to in article 40 or the border procedure referred to in article 41 , in particular where the determining authority considers that the applicant is in need of specific procedural guarantees as a result of torture , rape or other serious forms of psychological , physical , sexual violence or gender - based violence , the determining authority shall not apply , or shall cease to apply those procedures to the applicant .


### the absence of a personal interview shall not prevent the determining authority from taking a decision on an application for international protection . ### the absence of a personal interview , omitted in accordance with paragraph 5 , shall not prevent the determining authority from taking a decision on an application for international protection .


### obtain any information from the alleged actors of persecution or serious harm in a manner that would result in such actors being directly informed of the fact that an application has been made by the applicant in question , and would jeopardise the physical integrity of the applicant or his or her dependants , or the liberty and security of his or her family members still living in the country of origin . ### obtain any information from the alleged actors of persecution or serious harm if it could in any way jeopardise the physical integrity of the applicant or his or her dependants , or the liberty and security of his or her family members still living in the country of origin .


### the applicant has special reception needs within the meaning of article 20 of directive xxx / xxx / eu , or is in need of special procedural guarantees , in particular where he or she is an unaccompanied minor . ### the applicant has specific reception needs within the meaning of article 20 of directive xxx / xxx / eu , or is in need of specific procedural guarantees , in particular where he or she is an unaccompanied minor .


### the responsible authorities shall store the data referred to in paragraph 4 for ten years from the date of a final decision . the data shall be erased upon expiry of that period or where it is related to a person who has acquired citizenship of any member state before expiry of that period as soon as the member state becomes aware that the person concerned has acquired such citizenship . ### the responsible authorities shall store the data referred to in paragraph 4 for five years from the date of a final decision . the data shall be erased upon expiry of that period or where it is related to a person who has acquired citizenship of any member state before expiry of that period as soon as the member state becomes aware that the person concerned has acquired such citizenship .


### 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 . '


### the data referred to in article 18 and shall be deleted from the cir in accordance with the data retention provisions of [ the ees regulation ] , the vis regulation and [ the etias regulation ] respectively . ### the data referred to in article 18 and shall be automatically deleted from the cir in accordance with the data retention provisions of [ the ees regulation ] , the vis regulation and [ the etias regulation ] respectively .


### 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 . ### this regulation shall ensure respect of the fundamental rights and the observation of the principles recognized in the charter of fundamental rights of the european union and shall be applied in accordance with those rights and principles . processing of personal data for the purposes of this regulation shall not result , either directly or indirectly , in undue interference with the right to respect for private and family life and the right to protection of personal data . processing of personal data for the purposes of this regulation shall not result in discrimination against persons on any ground such as sex , race , colour , ethnic or social origin , genetic features , language , religion or belief , political or any other opinion , membership of a national minority , property , birth , disability , age or sexual orientation . it shall fully respect human dignity and integrity . particular attention shall be paid to children , the elderly , persons with a disability and persons in need of international protection .


### 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 . ### processing of personal data for the purposes of this regulation shall not result in discrimination against persons on the grounds of sex , race , colour , ethnic or social origin , genetic features , language , religion or belief , political or any other opinion , membership of a national minority , property , birth , disability , age or sexual orientation . it shall fully respect human dignity and integrity and fundamental rights , 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 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 , and for ensuring data security pursuant to article 42 . to that end , access to those logs shall be granted as appropriate to the data controllers identified pursuant to article 40 , to national supervisory authorities designated pursuant to article 51 of regulation 2016 / 679 and article 41 of directive 2016 / 680 , and to the european data protection supervisor . 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 .


### if a request for correction or erasure of personal data is made to a member state other than the member state responsible , the member state to which the request has been made shall contact the authorities of the member state responsible within seven days and the member state responsible shall check the accuracy of the data and the lawfulness of the data processing within 30 days of such contact . ### if a request for correction , erasure or restriction of personal data is made to a member state other than the member state responsible , the member state to which the request has been made shall contact the authorities of the member state responsible in writing within seven days and the member state responsible shall check the accuracy of the data and the lawfulness of the data processing within 30 days of such contact .


### in order to ensure the correct identification of a person , member state authorities competent for preventing and combating irregular migration and competent authorities within the meaning of article 3 of directive 2016 / 680 should be allowed to query the common identity repository with the biometric data of that person taken during an identity check . ### in order to ensure the correct identification of a person , member state authorities competent for preventing and combating irregular migration and competent authorities within the meaning of article 3 of directive 2016 / 680 should be allowed to query the common identity repository with the biometric data of that person taken during an identity check . such query should be carried out in principle in the presence of the person , solely where a member state police authority was unable to identify a person on the basis of a travel document or with the identity data provided by that person following rules and procedures provided for in national law or where there are doubts as to the authenticity of the travel document or the identity of its holder or where the person is unable or refuses to cooperate , or where there are reasonable grounds to believe that the person is not telling the truth about his or her identity . such query should not be allowed against minors under the age of 12 years old .


### the data referred to in article 20 and of the regulation on sis in the field of law enforcement ; ### the data referred to in article 20 , excluding palm prints , of the regulation on sis in the field of law enforcement ;


### the national file reference ; ### the reference to the national investigation or case ;


### without prejudice to the notification and communication of a personal data breach pursuant to article 33 of regulation 2016 / 679 , article 30 of directive 2016 / 680 , or both , member states shall notify the commission , eu - lisa and the european data protection supervisor of security incidents . in the event of a security incident in relation to the central infrastructure of the interoperability components , eu - lisa shall notify the commission and the european data protection supervisor . ### without prejudice to the notification and communication of a personal data breach pursuant to article 33 of regulation 2016 / 679 , article 30 of directive 2016 / 680 , or both , member states shall notify the commission , eu - lisa , the national supervisory authority and the european data protection supervisor of security incidents . in the event of a security incident in relation to the central infrastructure of the interoperability components , eu - lisa shall notify the commission and the european data protection supervisor .


### in order to exercise their rights under articles 13 , 14 , 15 and 16 of regulation 45 / 2001 and articles 15 , 16 , 17 and 18 of regulation 2016 / 679 , any person shall have the right to address him or herself to the member state responsible for the manual verification of different identities or of any member state , who shall examine and reply to the request . ### in order to exercise their rights under articles 13 , 14 , 15 and 16 of regulation 45 / 2001 , articles 15 , 16 , 17 and 18 of regulation 2016 / 679 , and articles 14 and 16 of directive 2016 / 680&#160 ; any person shall have the right to address him or herself to the member state responsible for the manual verification of different identities or of any member state , who shall examine and reply to the request .


### 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 referred to in paragraph 1 shall be erased once the data is erased . ### 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 two years after their creation , unless they are required for monitoring procedures that have already begun . the logs referred to in paragraph 1 shall be erased once the data 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 , 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 .


### 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 .


### non - discrimination ### non - discrimination and fundamental rights


### where a member state police authority has been so empowered by national legislative measures as referred to in paragraph 2 , it may , solely for the purpose of identifying a person , query the cir with the biometric data of that person taken during an identity check . ### where a member state police authority has been so empowered by national legislative measures as referred to in paragraph 2 , it may , solely for the purpose of identifying a person , query the cir with the biometric data of that person taken during an identity check . such query may be carried out in principle in the presence of the person , solely where a member state police authority was unable to identify a person on the basis of a travel document or with the identity data provided by that person following rules and procedures provided for in national law or where there are doubts as to the authenticity of the travel document or the identity of its holder or where the person is unable or refuse to cooperate , or where there are reasonable grounds to believe that the person is not telling the truth about his or her identity . such query shall not be allowed against minors under the age of 12 years old .


### without prejudice to the right of information referred to in articles 11 and 12 of regulation 45 / 2001 and articles 13 and 14 of regulation 2016 / 679 , persons whose data are stored in the shared biometric matching service , the common identity repository or the multiple - identity detector shall be informed by the authority collecting their data , at the time their data are collected , about the processing of personal data for the purposes of this regulation , including about identity and contact details of the respective data controllers , and about the procedures for exercising their rights of access , rectification and erasure , as well as about the contact details of the european data protection supervisor and of the national supervisory authority of the member state responsible for the collection of the data . ### without prejudice to the right of information referred to in articles 11 and 12 of regulation 45 / 2001 , articles 13 and 14 of regulation 2016 / 679 , and article 13 of directive 2016 / 680 , persons whose data are stored in the shared biometric matching service , the common identity repository or the multiple - identity detector shall be informed by the authority collecting their data , at the time their data are collected , about the processing of personal data for the purposes of this regulation , including about identity and contact details of the respective data controllers , and about the procedures for exercising their rights of access , rectification and erasure , about the relevant retention periods , the automated decision - making and the fact that personal data is not transferred or made available to third countries , international organisations or private parties with the exception of transfer to interpol , as well as about the contact details of the european data protection supervisor and of the national supervisory authority of the member state responsible for the collection of the data .


### the member state responsible for the manual verification of different identities as referred to in article 29 or the member state to which the request has been made shall reply to such requests within 45 days of receipt of the request . ### the member state responsible for the manual verification of different identities as referred to in article 29 or the member state to which the request has been made shall reply to such requests without undue delay and no longer than 45 days with in the receipt of the request .


### 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 . ### this regulation respects the fundamental rights and observes the principles recognized in particular by the charter of fundamental rights of the european union and shall be applied in accordance with those rights and principles . processing of personal data for the purposes of this regulation shall not result , either directly or indirectly , in undue interferences with the right to respect for private and family life , and the right to protection of personal 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 , ethnic or social origin , colour , 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 , persons with a disability and persons in need of international protection .


### 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 national infrastructure in a member state , that member state ' s competent authority shall notify eu - lisa and the commission . ### 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 national infrastructure in a member state , that member state ' s competent authority shall immediately notify eu - lisa and the commission .


### 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 . ### processing of personal data for the purposes of this regulation shall not result in discrimination against persons on the grounds of sex , race , colour , ethnic or social origin , genetic features , language , religion or belief , political or any other opinion , membership of a national minority , property , birth , disability , age or sexual orientation . it shall fully respect human dignity and integrity and fundamental rights , 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 commission should draw up an implementation report at the end of the programme , examining the financial activities in terms of financial implementation results and where possible , impact . this report should also analyse the cross border participation of smes in projects under the programme as well as the participation of smes to the global value chain . ### the commission should draw up an implementation and evaluation report at the end of each year of the programme , examining and evaluating the financial activities in terms of financial implementation results , impact . this report should also analyse the cross - border participation of smes in projects under the programme as well as the participation of smes to the global value chain . if the participation of smes is considered to be low , the commission should examine the reasons for this situation and should propose , without delay , adequate new measures for allowing smes to increase their participation .


### as the programme aims at enhancing the competitiveness of the union ' s defence industry , only entities established in the union and effectively controlled by member states or their nationals should be eligible for support . additionally , in order to ensure the protection of essential security interests of the union and its member states , the infrastructure , facilities , assets and resources used by the beneficiaries and subcontractors in actions funded under the programme , shall not be located on the territory of non - member states . ### as the programme aims at enhancing the competitiveness , the efficiency of the cooperation and the integration of the union ' s defence industry as well as at supporting the union’s strategic and technological defence autonomy , only entities established in the union and effectively controlled by member states or their nationals should be eligible for support , as direct beneficiaries or subcontractors . additionally , in order to ensure the protection of essential security interests of the union and its member states , the infrastructure , facilities , assets and resources used by the beneficiaries and subcontractors in actions funded under the programme , shall not be located on the territory of non - member states and shall not be subject to control or restriction by third - countries , undertakings or public entities in third countries . material , non - material and human resources should be free to use and free of restrictions vis - à - vis third countries . an undertaking controlled by third countries or by third country entities or subsidiaries of third country undertakings located in the union should be eligible if the union’s support fully respects the security and defence interests of the union and its member states and where the member states participating in the programme provide that undertaking with security clearances .


### beneficiaries shall be undertakings established in the union , in which member states and / or nationals of member states own more than 50% of the undertaking and effectively control it within the meaning of article 6 , whether directly or indirectly through one or more intermediate undertakings . in addition , all infrastructure , facilities , assets and resources used by the participants , including subcontractors and other third parties , in actions funded under the programme shall not be located on the territory of non - member states during the entire duration of the action . ### beneficiaries and their subcontractors shall be public or private undertakings established in the union . the infrastructure , facilities , assets and resources used by the beneficiaries , including subcontractors and other third parties , in actions funded under the programme shall not be located on the territory of non - member states during the entire duration of the action or the production . the use of those infrastructures , facilities , assets and resources shall not be subject to control or restrictions by third countries or third - country entities . the beneficiaries ' ultimate controlling company should be headquartered in the union .


### the action shall be undertaken in a cooperation of at least three undertakings which are established in at least two different member states . the undertakings which are beneficiaries shall not effectively be controlled , directly or indirectly , by the same entity or shall not control each other . ### the action shall be undertaken in a cooperation of at least three undertakings which are established in at least three different member states . the undertakings which are beneficiaries , and any of their subcontractors participating in the action , shall not effectively be controlled , directly or indirectly , by the same entity or shall not control each other .


### the action shall be undertaken in a cooperation of at least three undertakings which are established in at least two different member states . the undertakings which are beneficiaries shall not effectively be controlled , directly or indirectly , by the same entity or shall not control each other . ### the action shall be undertaken in a cooperation of at least three undertakings which are established in at least two different member states . the undertakings which are beneficiaries shall not effectively be controlled , directly or indirectly , by the same entity or shall not control each other . ipr generated in relation to the action shall be retained by the union .


### the proposals submitted following the call for proposals shall be evaluated by the commission assisted by independent experts on the basis of the award criteria of article 10 . ### the proposals submitted following the call for proposals shall be evaluated by the commission assisted by independent experts to be validated upon request by member states , on the basis of the eligibility and award criteria set out in articles 6 , 7 , 8 , 9 and 10 . close cooperation between governments , industries and r&t organisations is crucial for success of the programme .


### the promotion of innovation and technological development in the union defence industry should take place in a manner coherent with the security interests of the union . accordingly , the action ' s contribution to those interests and to the defence capability priorities commonly agreed by member states should serve as an award criterion . within the union , common defence capability priorities are identified notably through the capability development plan . other union processes such as the coordinated annual review on defence and the permanent structured cooperation will support the implementation of relevant priorities through enhanced cooperation . where appropriate regional or international cooperative initiatives , such as in the nato context , and serving the union security and defence interest , may also be taken into account . ### the promotion of innovation and technological development in the union defence industry should take place in a manner coherent with the security interests of the union . accordingly , the action ' s contribution to those interests and to the defence capability priorities commonly agreed by member states should serve as an award criterion . within the union , common defence capability priorities are identified notably through the capability development plan . the european council of 19 and 20 december 2013 stressed the importance of delivering key capabilities and addressing critical shortfalls through tangible projects in areas such as remotely - piloted aircraft , air - to - air refuelling , satellite telecommunications and cyberspace . in addition , in its communication of 30 november 2016 entitled ‘ european defence action plan’ , the commission emphasised the need to maximise civil / military synergies , including in areas such as space policy , cyber security , cyber defence and maritime security . other union processes such as the coordinated annual review on defence and the permanent structured cooperation will support the implementation of relevant priorities through enhanced cooperation , such as that to which 23 member states signed up on 13 november 2017 .


### as the programme aims at enhancing the competitiveness of the union ' s defence industry , only entities established in the union and effectively controlled by member states or their nationals should be eligible for support . additionally , in order to ensure the protection of essential security interests of the union and its member states , the infrastructure , facilities , assets and resources used by the beneficiaries and subcontractors in actions funded under the programme , shall not be located on the territory of non - member states . ### as the programme aims at enhancing the competitiveness of the union ' s defence industry and consolidating the union’s strategic and technological defence autonomy , only entities established in the union and more than 50% - owned or effectively controlled by member states or their nationals should be eligible for support . additionally , in order to ensure the protection of essential security interests of the union and its member states , the infrastructure , facilities , assets and resources used by the beneficiaries and subcontractors in actions funded under the programme , shall not be located on the territory of non - member states .


### the commission shall not own the products or technologies resulting from the action nor shall it have any ipr claim pertaining to the action . ### the union shall not own the products or technologies resulting from the action nor shall it have any ipr claim pertaining to the action .


### article 10 award criteria actions proposed for funding under the programme shall be evaluated on the basis of the following cumulative criteria : excellence contribution to the innovation and technological development of defence industries and thus to fostering the industrial autonomy of the union in the field of defence technologies ; and , contribution to the security and defence interests of the union by enhancing defence technologies which contribute to implement defence capability priorities commonly agreed by member states within the union ; and , viability notably via a demonstration by the beneficiaries that the remaining costs of the eligible action are covered by other means of financing such as member states’ contributions ; and for actions described in points to of article 6 , the contribution to the competitiveness of the european defence industry through the demonstration by the beneficiaries that member states have committed to jointly produce and procure the final product or technology in a coordinated way , including joint procurement where applicable . ### article 10 award criteria actions proposed for funding under the programme shall be evaluated in a transparent manner , based on objective and measurable parameters , taking into account the overall aim of the programme and in particular to support , leverage and level - up the cross - border cooperation between undertakings on the basis of the following criteria : contribution to the security and defence interests of the union by enhancing defence technologies which contribute to the implementation of defence capability priorities commonly agreed by member states within the union in the context of the capability development plan or the coordinated annual review on defence and , where appropriate , in the context of regional and international cooperative agreements ; and , contribution to excellence , industrial performance and competition by showing that the proposed work achieves measurable enhancements and significant advantages over existing products or technologies , or when the project aims at the development of a critical or a breakthrough technology ; and , viability , notably via a demonstration by the beneficiaries that the remaining costs of the eligible action are covered by other means of financing such as member states’ contributions and private sources of funding ; and , contribution to innovation in particular by showing that the proposed actions include ground - breaking or novel concepts and approaches , new promising future technological improvements or the application of technologies or concepts previously not applied in defence sector and thus to the technological development of defence industries and to fostering the industrial autonomy of the union in relation to the capability requirements under the common security and defence policy ; contribution to the unification of technical specifications ; the proportion of the overall budget for the action that is to be allocated in such a way as to enable participation by smes established in the european union that provide added value , whether as members of the consortium or as subcontractors , and in particular to smes that are not established in the member states in which the undertakings in the consortium are established ; contribution to greater efficiency and lower costs in the european defence industry by reducing duplication and overlaps ; increased or new cross - border cooperation ; for actions described in points to of article 6 , the contribution to a more efficient and further integrated european defence sector through the demonstration by the beneficiaries that member states have declared to jointly produce and procure or intend to jointly use , own or maintain the final product or technology in a coordinated way .


### as the programme aims at enhancing the competitiveness of the union ' s defence industry , only entities established in the union and effectively controlled by member states or their nationals should be eligible for support . additionally , in order to ensure the protection of essential security interests of the union and its member states , the infrastructure , facilities , assets and resources used by the beneficiaries and subcontractors in actions funded under the programme , shall not be located on the territory of non - member states . ### as the programme aims at enhancing the efficient cooperation and competitiveness of the union ' s defence industry and consolidating the union’s strategic defence autonomy , only entities which are established in the union and have their executive management structures there should be eligible for financial support . undertakings located in third countries should be able to participate in the projects by cooperating with beneficiaries , where they are located in a third country identified in the work programme . additionally , in order to ensure the protection of essential defence and security interests of the union and its member states , the infrastructure , facilities and assets used by the beneficiaries and subcontractors in actions funded under the programme , should not be located on the territory of third countries . the beneficiaries and their subcontractors should not be subject to control by third countries or by third country entities , as control is understood , for example , in competition policy .


### given that the programme aims particularly at enhancing cooperation between undertakings across member states , an action should be eligible for funding under the programme only if it is undertaken by a cooperation of at least three undertakings based in at least two different member states . ### given that the programme aims particularly at enhancing cooperation between public or private undertakings across member states , an action should be eligible for funding under the programme only if it is undertaken by a cooperation of at least three undertakings based in at least three different member states .


### as the union support aims at enhancing the competitiveness of the sector and concerns only the specific development phase , the commission should not have ownership or intellectual property rights over the products or technologies resulting from the funded actions . the applicable intellectual property rights regime will be defined contractually by the beneficiaries . ### as the union support aims at enhancing the competitiveness of the sector and concerns only the specific development phase , the union should not have ownership or intellectual property rights over the products or technologies resulting from the funded actions . the applicable intellectual property rights regime will be defined contractually by the beneficiaries . the results of actions which receive funding under the programme should not be subject to any control or restriction by a third country or a third country entity .


### for actions described in points to of article 6 , the contribution to the competitiveness of the european defence industry through the demonstration by the beneficiaries that member states have committed to jointly produce and procure the final product or technology in a coordinated way , including joint procurement where applicable . ### for actions described in points to of article 6 , the contribution to the competitiveness of the european defence industry and to the reinforcement of the european single market for defence through the demonstration by the beneficiaries that member states have committed to jointly develop , produce or procure the final product or technology in a coordinated way , including joint procurement where applicable in accordance with directive 2009 / 81 / ec on defence and security procurement ;


### to improve the functioning of the internal market , and especially to protect and empower citizens , consumers and businesses , in particular micro , small and medium - sized enterprises , by enforcement of union law , facilitation of market access , standard setting , and by promoting human , animal and plant health and animal welfare ; as well as to enhance cooperation between the competent authorities of member states and between the competent authorities of member states and the commission and the decentralised union agencies ; ### to improve the functioning of the internal market , and especially to protect and empower citizens , consumers and businesses , in particular micro , small and medium - sized enterprises , by enforcement of union law , facilitation of market access , standard setting , and by promoting human , animal and plant health and animal welfare as well as a high level of consumer protection and market surveillance throughout the eu ; &#160 ; but also&#160 ; to enhance cooperation between the competent authorities of member states and between the competent authorities of member states and the commission and the decentralised union agencies in order to achieve such objective ;


### the internal market has to continuously adapt to a rapidly changing environment of digital revolution and globalisation . a new era of digital innovation continues to provide opportunities for businesses and individuals , creates new products and business models but equally constitutes a challenge to regulation and enforcement . ### the internal market has to continuously adapt to a rapidly changing environment of digital revolution and globalisation , since the digital world is by definition a fast - moving environment where policy needs to adapt to changing circumstances . as new technologies become mainstream , they can bring profound benefits to the economy and to our daily lives , such as new products and business models . nonetheless , it is essential that they be grounded in a set of rules to provide confidence to consumers and business alike . however , just having a common set of rules is not enough . there is also a need for more rapid , agile and consistent enforcement of eu rules as well in the online sphere . adopting rules is only a first step , but making them work is as important . this is ultimately a matter of citizens ' trust in the union , in its capacity to deliver , and ability to create jobs and growth while protecting the public interest .


### placing on the market of products that are not compliant with union law puts those who comply at disadvantage and may endanger consumers . many entrepreneurs disregard the rules either through lack of knowledge or intentionally to gain a competitive advantage . market surveillance authorities are often underfunded and constrained by national boundaries , while entrepreneurs trade at union or even global level . in particular , in the case of e - commerce , market surveillance authorities have great difficulties in tracing non - compliant products imported from third countries and identifying the responsible entity within their jurisdiction . the programme should therefore seek to strengthen product compliance by providing the right incentives to entrepreneurs , intensifying compliance checks and promoting closer cross - border cooperation among enforcement authorities . the programme should also contribute to the consolidation of the existing framework for market surveillance activities , encourage joint actions of market surveillance authorities from different member states , improve the exchange of information and promote convergence and closer integration of market surveillance activities . ### placing on the market of products that are not compliant with union law puts those who comply at disadvantage and may endanger consumers . many entrepreneurs disregard the rules either through lack of knowledge or intentionally to gain a competitive advantage . market surveillance authorities are often underfunded and constrained by national boundaries , while entrepreneurs trade at union or even global level . in particular , in the case of e - commerce , market surveillance authorities have great difficulties in tracing non - compliant products imported from third countries and identifying the responsible entity within their jurisdiction . the programme should therefore seek to strengthen product compliance by providing the right incentives to entrepreneurs , raising awareness of applicable eu product safety rules , intensifying compliance checks as well as promoting closer cross - border cooperation among enforcement authorities . the programme should also contribute to the consolidation of the existing framework for market surveillance activities , encourage joint actions of market surveillance authorities from different member states , improve the exchange of information and promote convergence and closer integration of market surveillance activities .


### this regulation establishes the programme for improving the functioning of the internal market and the competitiveness of enterprises , including micro , small and medium - sized enterprises and the framework for financing of development , production and dissemination of european statistics within the meaning of article 13 of regulation no 223 / 2009 . ### this regulation establishes the programme for deepening the internal market and improving its functioning , in the areas of the free movement of goods , services , capital and persons , consumer protection , market surveillance , food supply chain , the competitiveness of enterprises including micro , small and medium - sized enterprises and the framework for financing of development , production and dissemination of european statistics within the meaning of article 13 of regulation no 223 / 2009 .


### the policy objectives of this programme will be also addressed through financial instruments and budgetary guarantee under the sme window of the investeu fund . financial support should be used to address market failures or sub - optimal investment situations , in a proportionate manner and actions should not duplicate or crowd out private financing or distort competition in the internal market . actions should have a clear european added value . ### the policy objectives of this programme will be also addressed through financial instruments and budgetary guarantee under the sme window of the investeu fund . the sme window of the investeu fund should have a central overarching point providing information about the programme in each member state , in order to increase the accessibility and awareness of the funds for smes . financial support should be used to address market failures or sub - optimal investment situations , in a proportionate manner and actions should not duplicate or crowd out private financing or distort competition in the internal market , and should clearly offer additionality and enhancing synergies with other european programmes . actions should have a clear european added value .


### it is therefore appropriate to establish a programme for the internal market , competitiveness of enterprises , including micro , small and medium - sized enterprises , and european statistics . the programme should be established for the duration of seven years from 2021 to 2027 . ### it is therefore appropriate to establish a programme for the internal market , in order to deepen the internal market and improve its functioning , in the areas of the free movement of goods , services , capital and persons , consumer protection , market surveillance , food supply chain and the competitiveness of enterprises including micro , small and medium - sized enterprises and the framework for financing of development , production and dissemination of european statistics within the meaning of article 13 of regulation no 223 / 2009 . the programme should be established for the duration of seven years from 2021 to 2027 .


### in order to meet the objectives of the programme and to facilitate the lives of citizens and businesses , high - quality user - centric public services need to be put in place . this implies that public administrations will need to start working in new ways , bring down silos between the different parts of their administrations , and to engage in the co - creation of these public services with citizens and businesses . moreover , the continuous and steady increase of cross - border activities in the internal market requires provision of up - to - date information on the rights of businesses and citizens , but also information explaining the administrative formalities . in addition , provision of legal advice and helping to solve problems which occur at cross national level becomes essential . furthermore , connecting national administrations in a simple and efficient manner as well as evaluating how the internal market works on the ground is necessary . the programme should therefore support the following existing internal market governance tools : the your europe portal which should be a backbone of the upcoming single digital gateway , your europe advice , solvit , the internal market information system and the single market scoreboard in order to improve citizens ' daily lives and businesses ' ability to trade across borders . ### in order to meet the objectives of the programme and to facilitate the lives of citizens and businesses , high - quality user - centric public services need to be put in place . this implies that public administrations will need to start working in new ways , bring down silos between the different parts of their administrations , and to engage in the co - creation of these public services with citizens and businesses as well as to develop e - administration tools . moreover , the continuous and steady increase of cross - border activities in the internal market requires provision of up - to - date information on the rights of businesses and citizens , but also information explaining the administrative formalities as well as simplifying them . in addition , provision of legal advice and helping to solve problems which occur at cross national level becomes essential . furthermore , connecting national administrations in a simple and efficient manner as well as evaluating how the internal market works on the ground is necessary . the programme should therefore support the following existing internal market governance tools : the your europe portal which should be a backbone of the upcoming single digital gateway , your europe advice , solvit , the internal market information system and the single market scoreboard in order to improve citizens ' daily lives and businesses ' ability to trade across borders .


### still , barriers to the proper functioning of the internal market remain and the new obstacles emerge . adopting rules is only a first step , but making them work is as important . this is ultimately a matter of citizens ' trust in the union , in its capacity to deliver , and ability to create jobs and growth while protecting the public interest . ### still , barriers to the proper functioning of the internal market remain and the new obstacles emerge . barriers to the free exchange of products and services , inadequate enforcement of existing rules , low levels of cross - border public procurement and insufficient political support for structural reforms limit the opportunities for businesses and citizens , resulting in fewer jobs and unnecessarily high prices .


### support for the effective enforcement and modernisation of the union legal framework and its rapid adaptation to the ever - changing environment , including through data gathering and analyses ; studies , evaluations and policy recommendations ; organization of demonstration activities and pilot projects ; communication activities ; development of dedicated it tools ensuring transparent and efficient functioning of the internal market . ### support for the effective enforcement and modernisation of the union legal framework and its rapid adaptation to the ever - changing environment and to the challenges posed by digitalization , including through data gathering and analyses ; studies , evaluations and policy recommendations ; organization of demonstration activities and pilot projects ; communication activities ; development of dedicated it tools ensuring transparent and efficient functioning of the internal market .


### a modern internal market promotes competition and benefits consumers , businesses and employees . making better use of the ever evolving internal market in services should help european businesses create jobs and grow across borders , offer wider choice of services at better prices , and maintain high standards for consumers and workers . to achieve this , the programme should contribute to the removal of remaining barriers , and to ensure a regulatory framework that can accommodate new innovative business models . ### a modern internal market promotes competition and empowers consumers , businesses and employees , based on fairness , transparency and trust . making better use of the ever evolving internal market in services should help european businesses create jobs and grow across borders , offer wider choice of services at better prices , and maintain high standards for consumers and workers . to achieve this , the programme should contribute to the removal of remaining barriers , and to ensure a regulatory framework that can accommodate new innovative business models .


### the programme shall be implemented by work programme referred to in article 110 of the financial regulation . work programmes shall set out , where applicable , the overall amount reserved for blending operations . ### the programme shall be implemented by work programme in accordance with article 110 of the financial regulation . the work programmes shall be annual or multiannual and shall in particular set out the objectives to be pursued , the expected results , the method of implementation and the total amount of the financing plan . they shall also set out in detail a description of the actions to be financed , an indication of the amount allocated to each action and an indicative implementation timetable . work programmes shall set out , where applicable , the overall amount reserved for blending operations .


### technical and scientific work , including studies and coordination activities , necessary to ensure the correct implementation of the legislation in the area related to the specific objective referred to in article 3 and the adaptation of that legislation to scientific , technological and societal developments . ### technical and scientific work , including studies and coordination activities , necessary to safeguard prevention of the appearance of new as well as unknown pests and diseases and to ensure the correct implementation of the legislation in the area related to the specific objective referred to in article 3 and the adaptation of that legislation to scientific , technological and societal developments .


### empowering , assisting and educating consumers , businesses and civil society ; ensuring a high level of consumer protection , sustainable consumption and product safety notably by supporting competent enforcement authorities and consumer representative organisations and cooperation actions ; ensuring that all consumers have access to redress and ; provision of adequate information on markets and consumers ; ### empowering , assisting and educating consumers , businesses and civil society ; ensuring a high and uniform level of consumer protection in order to enhance fairness , transparency and trust in the single market , sustainable consumption and product safety notably by supporting competent enforcement authorities and consumer representative organisations and cooperation actions , particularly as regards to joint cooperation actions for market surveillance ; better addressing the challenges posed by digitalization to consumer protection and&#160 ; ensuring that all consumers have access to redress and ; provision of adequate information on markets and consumers ;


### article 7 reporting by 20 november 2011 and thereafter every 4 years , member states shall submit to the commission a report outlining the actions taken to implement this regulation . 2 . on the basis of the reports referred to in paragraph 1 , the commission shall report to the european parliament and to the council on the implementation of this regulation within 12 months of the end of each reporting period concerned . ### article 7 is replaced by the following : ' article 7 reporting by 31 december 2016 and every four years thereafter member states shall submit to the commission a report outlining the actions taken to implement this regulation . 2 . the commission shall submit to the european parliament and to the council a report on the implementation of this regulation within 12 months of the end of each reporting period referred to in paragraph 1 . the first report shall be submitted not later than 31 november 2017 . 2a . in its report submitted in accordance with paragraph 2 , the commission shall assess the functioning and effectiveness of this regulation in achieving its objectives . in its assessment the commission shall , in particular , consider the socio - economic development , economic activities and development , nutrition , culture and identity of the inuit and other indigenous communities as well as the effects of this regulation on coastal communities where seal hunts forms part of maritime resource management and contributes to the maritime biodiversity . '


### a genuinely humane killing method cannot be effectively and consistently applied in the hunts conducted by the inuit and other indigenous communities , just like in the other seal hunts . nonetheless , it is appropriate , in light of the objective pursued by regulation no 1007 / 2009 , to make the placing in the union market of products resulting from hunts by the inuit and other indigenous communities conditional upon those hunts being conducted in a manner which reduces pain , distress , fear or other forms of suffering of the animals hunted to the extent possible , while having regard to the traditional way of life and the subsistence needs of the inuit and other indigenous communities . the exception granted in respect of seal products resulting from hunts conducted by inuit and other indigenous communities should be limited to hunts that contribute to the subsistence need of those communities and are therefore not conducted primarily for commercial purposes . thus , the commission should be enabled to limit , if necessary , the quantity of seal products placed on the market under that exception in order to prevent the use of the exception by products resulting from hunts which are conducted primarily for commercial purposes . ### it is appropriate , in light of the objective pursued by regulation no 1007 / 2009 , to make the placing in the union market of products resulting from hunts by the inuit and other indigenous communities conditional upon those hunts being conducted in a sustainable manner , while having regard to the traditional way of life and the subsistence needs of the inuit and other indigenous communities . accordingly the commission should take measures to inform the public about that objective and counter misinformation and misperception of the seal hunts , thereby restoring consumer confidence . the exception granted in respect of seal products resulting from hunts conducted by inuit and other indigenous communities should be limited to hunts that contribute to the subsistence need of those communities and are therefore not conducted solely for commercial purposes . thus , the commission should be enabled to limit , if necessary , the quantity of seal products placed on the market under that exception in order to prevent the use of the exception by products resulting from hunts which are conducted solely for commercial purposes .


### article 7 reporting by 20 november 2011 and thereafter every 4 years , member states shall submit to the commission a report outlining the actions taken to implement this regulation . 2 . on the basis of the reports referred to in paragraph 1 , the commission shall report to the european parliament and to the council on the implementation of this regulation within 12 months of the end of each reporting period concerned . ### article 7 is replaced by the following : ' article 7 reporting by 31&#160 ; december&#160 ; 2016 and every four years thereafter member states shall submit to the commission a report outlining the actions taken to implement this regulation . 2 . the commission shall submit to the european parliament and to the council a report on the implementation of this regulation within 12 months of the end of each reporting period referred to in paragraph 1 . 3 . in its first report submitted in accordance with paragraph 2 , the commission shall assess in particular the impacts of this regulation on the fundamental and social interests of the inuit and other indigenous communities , including their right for food and income to support life and sustainable livelihood of the community . '


### 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 , including their right to development and economic activities . for those reasons , seal hunts traditionally conducted by inuit and other indigenous communities , which are considered sustainable and do not harm the health of seal population , do not raise the same public moral concerns as the hunts conducted primarily for commercial purposes . moreover , 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 . furthermore the ilo 169 convention on indigenous and tribal peoples of 1989 emphasises the indigenous people’s right to self - determination , thereby the right to freely pursue their economic , social and cultural development . 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 . 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 , including their right to development and to pursue economic activities . for those reasons , seal hunts traditionally conducted by inuit and other indigenous communities , which are considered sustainable and do not harm the health of seal population , do not raise the same public moral concerns as the hunts conducted primarily for commercial purposes . moreover , 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 . furthermore the 169 indigenous and tribal peoples convention , adopted by the international labour organisation in 1989 , emphasises the indigenous peoples ' right to self - determination , and thereby the right to freely pursue their economic , social and cultural development . 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 .


### a genuinely humane killing method cannot be effectively and consistently applied in the hunts conducted by the inuit and other indigenous communities , just like in the other seal hunts . nonetheless , it is appropriate , in light of the objective pursued by regulation no 1007 / 2009 , to make the placing in the union market of products resulting from hunts by the inuit and other indigenous communities conditional upon those hunts being conducted in a manner which reduces pain , distress , fear or other forms of suffering of the animals hunted to the extent possible , while having regard to the traditional way of life and the subsistence needs of the inuit and other indigenous communities . the exception granted in respect of seal products resulting from hunts conducted by inuit and other indigenous communities should be limited to hunts that contribute to the subsistence need of those communities and are therefore not conducted primarily for commercial purposes . thus , the commission should be enabled to limit , if necessary , the quantity of seal products placed on the market under that exception in order to prevent the use of the exception by products resulting from hunts which are conducted primarily for commercial purposes . ### it is appropriate , in light of the objective pursued by regulation no 1007 / 2009 , to make the placing in the union market of products resulting from hunts by the inuit and other indigenous communities conditional upon those hunts being conducted in a sustainable manner , while having regard to the traditional way of life and the subsistence needs of the inuit and other indigenous communities . accordingly , the commission should take measures to inform the public about the objective of regulation no 1007 / 2009 and its exemption concerning products resulting from hunts conducted by indigenous communities , thereby restoring consumer confidence . the exception granted in respect of seal products resulting from hunts conducted by inuit and other indigenous communities should be limited to hunts that contribute to the subsistence need of those communities and are therefore not conducted primarily for commercial purposes . thus , in order to prevent the use of that exception for products resulting from hunts which are conducted primarily for commercial purposes , the power to adopt acts in accordance with article 290 of the treaty should be delegated to the commission in respect of limiting the quantity of seal products placed on the market under that exception and in respect of prohibiting , if necessary , seal products from certain hunts from being placed on the market under that exception . that delegation should be exercised only if necessary , when relevant evidence is presented and where considered appropriate after a consultation with relevant stakeholders .


### the hunt is conducted in a manner which reduces pain , distress , fear or other forms of suffering of the animals hunted to the extent possible taking into consideration the traditional way of life and the subsistence needs of the community . ### the hunt is an integral part of the socio - economic development , nutrition , culture and identity of the inuit and other indigenous communities contributing to their subsistence and performed with due regard to animal welfare as deemed appropriate by the indigenous community and with due regard to the indigenous communities ' right to economic activities and development , as well as other rights granted to indigenous peoples under international law .


### if the number of seals hunted , the quantity of seal products being placed on the market pursuant to paragraph 1 or other circumstances are such as to indicate that a hunt is conducted primarily for commercial purposes , the commission shall be empowered to adopt delegated acts in accordance with article 4 in order to limit the quantity of products resulting from that hunt that may be placed on the market . ### if there is evidence proving that the number of seals hunted , the quantity of seal products being placed on the market pursuant to paragraph 1 or other circumstances are such as to indicate that a hunt is conducted solely for commercial purposes , the commission shall consult the countries of origin concerned and subsequently take measures by means of delegated acts in accordance with article 4a in order to limit the quantity of products resulting from that hunt that may be placed on the market .


### if the number of seals hunted , the quantity of seal products being placed on the market pursuant to paragraph 1 or other circumstances are such as to indicate that a hunt is conducted primarily for commercial purposes , the commission shall be empowered to adopt delegated acts in accordance with article 4 in order to limit the quantity of products resulting from that hunt that may be placed on the market . ### if there is relevant evidence indicating that the number of seals hunted , the quantity of seal products being placed on the market pursuant to paragraph 1 or other circumstances , are such as to prove that a hunt is conducted primarily for commercial purposes , the commission shall be empowered to adopt delegated acts in accordance with article 4a in order to limit the quantity of products resulting from that hunt that may be placed on the market .


### member states and the commission shall encourage the development of self - and co - regulatory codes of conduct regarding inappropriate audiovisual commercial communications , accompanying or included in programmes with a significant children’s audience , of foods and beverages containing nutrients and substances with a nutritional or physiological effect , excessive intakes of which in the overall diet are not recommended , in particular fat , trans - fatty acids , salt or sodium and sugars . ### member states and the commission shall ensure the development of self - and co - regulatory codes of conduct regarding inappropriate audiovisual commercial communications , accompanying or included in programmes with a significant children’s audience , of foods and beverages containing nutrients and substances with a nutritional or physiological effect , excessive intakes of which in the overall diet are not recommended , in particular fat , trans - fatty acids , salt or sodium and sugars .


### there are new challenges , in particular in connection with video - sharing platforms , on which users - particularly minors - increasingly consume audiovisual content . in this context , harmful content and hate speech stored on video - sharing platforms have increasingly given rise to concern . it is necessary , in order to protect minors from harmful content and all citizens from content containing incitement to violence or hatred , to set out proportionate rules on those matters . ### there are new challenges , in particular in connection with video - sharing platforms and social media , on which users - particularly minors - increasingly consume audiovisual content . in this context , harmful content and hate speech available on video - sharing platforms have increasingly given rise to concern . it is necessary , in order to protect minors from harmful content and all citizens from content containing incitement to violence , hatred or terrorism , to set out proportionate rules on those matters .


### member states and the commission shall encourage the development of self - and co - regulatory codes of conduct regarding inappropriate audiovisual commercial communications , accompanying or included in programmes with a significant children’s audience , of foods and beverages containing nutrients and substances with a nutritional or physiological effect , excessive intakes of which in the overall diet are not recommended , in particular fat , trans - fatty acids , salt or sodium and sugars . ### member states and the commission shall ensure the development of self - and co - regulatory codes of conduct regarding inappropriate audiovisual commercial communications , accompanying or included in children’s programmes and family programmes , of foods and beverages containing nutrients and substances with a nutritional or physiological effect , excessive intakes of which in the overall diet are not recommended , in particular fat , saturated fat , trans - fatty acids , salt or sodium and sugars .


### product placement should not be admissible in news and current affairs programmes , consumer affairs programmes , religious programmes and programmes with a significant children’s audience . in particular , evidence shows that product placement and embedded advertisements can affect children’s behaviour as children are often not able to recognise the commercial content . there is thus a need to continue to prohibit product placement in programmes with a significant children’s audience . consumer affairs programmes are programmes offering advice to viewers , or including reviews on the purchase of products and services . allowing product placement in such programmes would blur the distinction between advertising and editorial content for viewers who may expect a genuine and honest review of products or services in such programmes . ### product placement should not be admissible in news and current affairs programmes , consumer affairs programmes , religious programmes and children’s programmes . in particular , evidence shows that product placement and embedded advertisements can affect children’s behaviour as children are often not able to recognise the commercial content . there is thus a need to continue to prohibit product placement in children’s programmes and family programmes , such as musical shows or sport events . consumer affairs programmes are programmes offering advice to viewers , or including reviews on the purchase of products and services . allowing product placement in such programmes would blur the distinction between advertising and editorial content for viewers who may expect a genuine and honest review of products or services in such programmes .


### in order to promote cost - effective achievement of the national emission reduction commitments , and of the intermediate emission levels , member states should be entitled to account for emission reductions from international maritime traffic if emissions from that sector are lower than the levels of emissions that would result from compliance with union law standards , including the sulphur limits for fuels set in directive 1999 / 32 / ec of the council21 . member states should also have the possibility to jointly meet their commitments and intermediate emission levels regarding methane and of making use of decision n°406 / 2009 / ec of the european parliament and of the council for so doing22 . for the purpose of checking compliance with their national emission ceilings , emission reduction commitments and intermediate emission levels , member states could adjust their national emission inventories in view of improved scientific understanding and methodologies regarding emissions . the commission could object to the use of any of these flexibilities by a member state , should the conditions set out in this directive not be met . _______________________ 21 council directive 1999 / 32 / ec of 26 april 1999 relating to a reduction in the sulphur content of certain liquid fuels and amending directive 93 / 12 / eec . 22 decision n°406 / 2009 / ec of the european parliament and of the council of 23 april 2009 on the effort of member states to reduce their greenhouse gas emissions to meet the community’s greenhouse gas emission reduction commitments up to 2020 . ### in order to promote cost - effective achievement of the national emission reduction commitments , and of the intermediate emission levels , member states should be entitled to account for emission reductions from international maritime traffic if emissions from that sector are lower than the levels of emissions that would result from compliance with union law standards , including the sulphur limits for fuels set in directive 1999 / 32 / ec of the council21 . for the purpose of checking compliance with their national emission ceilings , emission reduction commitments and intermediate emission levels , member states could adjust their national emission inventories in view of improved scientific understanding and methodologies regarding emissions . the commission could object to the use of any of these flexibilities by a member state , should the conditions set out in this directive not be met . _____________________ 21 council directive 1999 / 32 / ec of 26 april 1999 relating to a reduction in the sulphur content of certain liquid fuels and amending directive 93 / 12 / eec .


### member states shall , as a minimum , limit their annual anthropogenic emissions of sulphur dioxide , nitrogen oxides , volatile organic compounds other than methane , ammonia , particulate matter and methane in accordance with the national emission reduction commitments applicable from 2020 and 2030 , as laid down in annex ii . ### member states shall , as a minimum , limit their annual anthropogenic emissions of sulphur dioxide , nitrogen oxides , volatile organic compounds other than methane , ammonia , and particulate matter in accordance with the national emission reduction commitments applicable from 2020 and 2030 , as laid down in annex ii .


### without prejudice to paragraph 1 , member states shall take all the necessary measures not entailing disproportionate costs to limit their 2025 emissions of so2 , nox , nmvoc , nh3 , pm2 , 5 and ch4 . the levels of those emissions shall be determined on the basis of fuels sold , by a linear reduction trajectory established between their emission levels for 2020 and the emission levels defined by the emission reduction commitments for 2030 . ### without prejudice to paragraph 1 , member states shall take all the necessary measures not entailing disproportionate costs to limit their 2025 emissions of so2 , nox , nmvoc and pm2 , 5 . the levels of those emissions shall be determined on the basis of fuels sold , by a linear reduction trajectory established between their emission levels for 2020 and the emission levels defined by the emission reduction commitments for 2030 .


### for the pollutants referred to in annex i , other than ch4 , member states shall establish emission inventories , adjusted emission inventories , projections and informative inventory reports using the methodologies adopted by parties to the lrtap convention and are requested to use the emep / eea guidebook referred to therein . in addition , supplementary information , in particular the activity data , needed for the assessment of the inventories and projections shall be prepared in accordance with the same guidelines . ### for the pollutants referred to in annex i member states shall establish emission inventories , adjusted emission inventories , projections and informative inventory reports using the methodologies adopted by parties to the lrtap convention and are requested to use the emep / eea guidebook referred to therein . in addition , supplementary information , in particular the activity data , needed for the assessment of the inventories and projections shall be prepared in accordance with the same guidelines .


### emission reduction commitments for ammonia , fine particulate matter and methane . fuels sold , base year 2005 . ### emission reduction commitments for ammonia and fine particulate matter . fuels sold , base year 2005 .


### in taking the measures outlined in sections a and b above , member states should ensure that impacts on small and micro farms are fully taken into account . member states may , for instance , exempt them from those measures where possible and appropriate in view of the applicable reduction commitments . ### in taking the measures outlined in sections a and b above , member states should ensure that impacts on small and micro farms are fully taken into account . member states may , for instance , exempt them from those measures where possible and appropriate in view of the applicable reduction commitments , whilst ensuring a union level playing field .


### in order to assess the effectiveness of the national emission reduction commitments laid down in this directive , member states should also monitor , where practicable , the effects of such reductions in terrestrial and aquatic ecosystems , in accordance with internationally established guidelines and report these effects . ### in order to assess the effectiveness of the national emission reduction commitments laid down in this directive , member states should also monitor , where applicable and practicable , the effects of such reductions in terrestrial and aquatic ecosystems , in accordance with internationally established guidelines and report these effects .


### in order to reduce atmospheric nh3 and pm2 , 5 emissions from the main contributors , national air pollution control programmes should include measures applicable to the agricultural sector . member states should be entitled to implement measures other than those set out in this directive with an equivalent level of environmental performance owning to specific national circumstances . ### in order to reduce atmospheric nh3 and pm2 , 5 emissions from the main contributors , national air pollution control programmes should include measures applicable to the agricultural sector . these measures should be based on specific information and data , taking account of scientific progress and previous measures undertaken by member states , and should be cost - effective . member states should be entitled to implement measures other than those set out in this directive with an equivalent level of environmental performance owning to specific national circumstances .


### member states should comply with the emission reduction commitments set out in this directive for 2020 and 2030 . so as to ensure demonstrable progress towards the 2030 commitments , member states should meet intermediate emission levels in 2025 , set on the basis of a linear trajectory between their emission levels for 2020 and those defined by the emission reduction commitments for 2030 , unless this would entail disproportionate costs . where the 2025 emissions cannot be so limited , member states should explain the reasons in their reports under this directive . ### member states should comply with the emission reduction commitments set out in this directive for 2020 and 2030 . so as to ensure demonstrable progress towards the 2030 commitments , member states should , where applicable , meet intermediate emission levels in 2025 , set on the basis of a linear trajectory between their emission levels for 2020 and those defined by the emission reduction commitments for 2030 , unless this would entail disproportionate costs . where the 2025 emissions cannot be so limited , member states should explain the reasons in their reports under this directive .


### where relevant , member states shall make use of the unece guidance document for preventing and abating ammonia emissions , 1 and best available techniques set out in directive 2010 / 75 / eu of the european parliament and of the council2 when implementing the measures set out in part 1 . ____________________ 1 decision 2012 / 11 , ece / eb / air / 113 / add . 1 2 directive 2010 / 75 / eu of the european parliament and of the council of 24 november 2010 on industrial emissions . ### where relevant , member states may make use of the unece guidance document for preventing and abating ammonia emissions , 1 and best available techniques set out in directive 2010 / 75 / eu of the european parliament and of the council2 when implementing the measures set out in part 1 . ____________________ 1 decision 2012 / 11 , ece / eb / air / 113 / add . 1 2 directive 2010 / 75 / eu of the european parliament and of the council of 24 november 2010 on industrial emissions .


### with regard to the reform delivery tool , it is necessary to identify the types of reforms that should be eligible for financial support . to ensure their contribution to the objectives of the programme , the eligible reforms should be those addressing the challenges identified in the context of the european semester of economic policy coordination , including those proposed to address the country - specific recommendations . ### with regard to the reform delivery tool , it is necessary to identify the types of reforms that should be eligible for financial support . to ensure their contribution to the transition to a circular economy with net - zero emissions and to the other objectives of the programme , the eligible reforms should be those addressing the challenges identified in the context of the european semester of economic policy coordination , including those proposed to address the country - specific recommendations .