### in providing a framework for actions which supports the single market , fosters union competitiveness and protects the financial and economic interests of the union and its member states , the programme should contribute to preventing and fighting tax fraud , tax evasion and tax avoidance ; preventing and reducing unnecessary administrative burden for citizens and businesses in cross - border transactions ; achieving the full potential of the single market and fostering union competitiveness ; and supporting a joint union approach in international fora . ### in providing a framework for actions which supports the single market , fosters union competitiveness and protects the financial and economic interests of the union and its member states while at the same time respecting the sovereignty of member states regarding their tax policies , the programme should contribute to preventing and fighting tax fraud , tax evasion and tax avoidance ; preventing and reducing unnecessary administrative burden for citizens and businesses in cross - border transactions ; achieving the full potential of the single market and fostering union competitiveness ; and supporting a joint union approach in international fora .


### the actions which applied under the fiscalis 2020 programme have proven to be adequate and should therefore be maintained . in order to provide more simplicity and flexibility in the execution of the programme and thereby better deliver on its objectives , the actions should be defined only in terms of overall categories with a list of illustrative examples of concrete activities . through cooperation and capacity building , the fiscalis programme should also promote and support the uptake and leverage of innovation to further improve the capabilities to deliver on the core priorities of taxation . ### the actions which applied under the fiscalis 2020 programme have proven to be adequate and should therefore be maintained . in order to provide more simplicity and flexibility in the execution of the programme and thereby better deliver on its objectives , the actions should be defined only in terms of overall categories with a non - exhaustive list of illustrative examples to highlight the priorities and concrete activities . through cooperation and capacity building , the fiscalis programme should also promote and support the uptake and leverage of innovation to further improve the capabilities to deliver on the core priorities of taxation .


### the amount referred to in paragraph 1 may also cover expenses for preparation , monitoring , control , audit , evaluation and other activities for managing the programme and evaluating the achievement of its objectives . it may moreover cover expenses relating to studies , meetings of experts , information and communication actions , in so far as they are related to the objectives of the programme , as well as expenses linked to information technology networks focusing on information processing and exchange , including corporate information technology tools and other technical and administrative assistance needed in connection with the management of the programme . ### the amount referred to in paragraph 1 may also cover expenses for preparation , monitoring , control , audit , evaluation and other activities for managing the programme and evaluating the achievement of its objectives . it may moreover cover expenses relating to studies and other relevant written material , meetings of experts , information and communication actions , in so far as they are related to the objectives of the programme , as well as expenses linked to information technology networks focusing on information processing and exchange , including corporate information technology tools and other technical and administrative assistance needed in connection with the management of the programme .


### the commission shall implement information and communication actions relating to the programme , and its actions and results . financial resources allocated to the programme shall also contribute to the corporate communication of the political priorities of the union , as far as they are related to the objectives referred to in article 3 . ### the commission shall implement information and communication actions relating to the programme , and its actions and results . financial resources allocated to the programme shall also contribute to the corporate communication of the political priorities of the union , as long as they are proportional and justified , and are related to the objectives referred to in article 3 .


### the placing on the market of seal products shall be allowed only where the seal products result from hunts conducted by inuit and other indigenous communities , provided that the following conditions are all satisfied : ### the placing on the market of seal products shall be allowed only where the seal products result from hunts conducted by inuit and other indigenous communities , taking into account the following conditions :


### 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 export of seal products to the union is deemed unsustainable or purely commercial the commission may take action , if the conditions for placing the seal products on the market are not in accordance with article 3 . the commission may act after consultation with the countries of origin concerned and taking into account any opinion from the committee referred to in article 5 . subsequently the commission may establish general restrictions , or restrictions relating to certain countries of origin , on the introduction of seal products into the union .


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


### the commission shall , by 31 december 2017 , submit a report to the european parliament and to the council reviewing , on the basis of the best latest available scientific evidence , the effectiveness of the measures introduced by this directive in limiting indirect land - use change greenhouse gas emissions associated with the production of biofuel and bioliquids . in this respect , the report shall also include the latest available information with regard to the key assumptions influencing the results from the modelling of the indirect land - use change greenhouse gas emissions associated with the production of biofuels and bioliquids , including measured trends in agricultural yields and productivity , co - product allocation and observed global land - use change and deforestation rates , and the possible impact of union policies , such as environment , climate and agricultural policies , involving stakeholders in such review process . the report shall also examine developments in relation to certification schemes for low indirect land - use change - risk biofuel and bioliquid feedstocks , listed in annex v to directive 98 / 70 / ec and annex viii to directive 2009 / 28 / ec but produced under low risk of indirect land - use change by way of project - level mitigation measures , and their effectiveness . ### the commission shall , by 31 december 2018 , submit a report to the european parliament and to the council reviewing , on the basis of the best latest available scientific evidence , the effectiveness of the measures introduced by this directive in limiting indirect land - use change greenhouse gas emissions associated with the production of biofuel and bioliquids . in this respect , the report shall also include the latest available information to assess the modelling of the indirect land - use change greenhouse gas emissions associated with the production of biofuels and bioliquids considered as having a negative impact regarding emissions linked to direct and indirect land - use change , including measured trends in agricultural yields and productivity , co - product allocation and observed global land - use change and deforestation rates , and the possible impact of union policies , such as environment , climate and agricultural policies , involving stakeholders in such review process . the report shall also examine developments in relation to certification schemes for low indirect land - use change - risk biofuel and bioliquid feedstocks , listed in annex v to directive 98 / 70 / ec and annex viii to directive 2009 / 28 / ec but produced under low risk of indirect land - use change by way of project - level mitigation measures , and their effectiveness .


### the applicant should be provided with an effective opportunity to present all relevant elements at his or her disposal to the determining authority . for this reason , the applicant should , subject to limited exceptions , enjoy the right to be heard through a personal interview on the admissibility or on merits of his or her application , as appropriate . for the right to a personal interview to be effective , the applicant should be assisted by an interpreter and be given the opportunity to provide his or explanations concerning the grounds for his or her application in a comprehensive manner . the applicant should be given sufficient time to prepare and consult with his or her legal adviser or counsellor , and he or she may be assisted by the legal adviser or counsellor during the interview . the personal interview should be conducted under conditions which ensure appropriate confidentiality and by adequately trained and competent personnel , including where necessary , personnel from authorities of other member states or experts deployed by the european union agency for asylum . the personal interview may only be omitted when the determining authority is to take a positive decision on the application or is of the opinion that the applicant is unfit or unable to be interviewed owing to enduring circumstance beyond his or her control . given that the personal interview is an essential part of the examination of the application , the interview should be recorded and the applicants and their legal advisers should be given access to the recording , as well as to the report or transcript of the interview before the determining authority takes a decision , or in the case of an accelerated examination procedure , at the same time as the decision is made . ### the applicant should be provided with an effective opportunity to present all relevant elements at his or her disposal to the determining authority . for this reason , the applicant should , subject to limited exceptions , enjoy the right to be heard through a personal interview on the admissibility or on merits of his or her application , as appropriate . for the right to a personal interview to be effective , the applicant should be assisted by an interpreter and be given the opportunity to provide his or explanations concerning the grounds for his or her application in a comprehensive manner . the applicant should be given sufficient time to prepare and consult with his or her legal adviser or counsellor , and he or she may be assisted by the legal adviser or counsellor during the interview . the personal interview should be conducted under conditions which ensure appropriate confidentiality and by adequately trained and competent personnel , including where necessary , personnel from authorities of other member states or experts deployed by the european union agency for asylum . the personal interview may only be omitted when the determining authority is to take a positive decision on the application or is of the opinion that the applicant is unfit or unable to be interviewed owing to enduring circumstance beyond his or her control or when the application is clearly inadmissible . given that the personal interview is an essential part of the examination of the application , the interview should be recorded and the applicants and their legal advisers should be given access to the recording , as well as to the report or transcript of the interview before the determining authority takes a decision , or in the case of an accelerated examination procedure , at the same time as the decision is made .


### it is in the interests of both member states and applicants to ensure a correct recognition of international protection needs already at the stage of the administrative procedure by providing good quality information and legal support which leads to more efficient and better quality decision - making . for that purpose , access to legal assistance and representation should be an integral part of the common procedure for international protection . in order to ensure the effective protection of the applicant ' s rights , particularly the right of defence and the principle of fairness , and to ensure the economy of the procedure , applicants should , upon their request and subject to conditions set out in this regulation , be provided with free legal assistance and representation during the administrative procedure and in the appeal procedure . the free legal assistance and representation should be provided by persons competent to provide them under national law . ### it is in the interests of both member states and applicants to ensure a correct recognition of international protection needs already at the stage of the administrative procedure by providing good quality information which leads to more efficient and better quality decision - making . in order to ensure the effective protection of the applicant ' s rights , particularly the right of defence and the principle of fairness , and to ensure the economy of the procedure , applicants should , upon their request and subject to conditions set out in this regulation , be provided with legal assistance and representation in the appeal procedure . the legal assistance and representation should be provided by persons competent to provide them under national law .


### 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 . ### 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 . the indications that the applicant is in need of special procedural guarantees include , inter alia , signs of physical , mental or developmental disorders or disabilities as well as age - related vulnerabilities such as dementia .


### with a view to ensuring substantive equality between female and male applicants , examination procedures should be gender - sensitive . in particular , personal interviews should be organised in a way which makes it possible for both female and male applicants to speak about their past experiences in cases involving gender - based persecution . for this purpose , women should be given an effective opportunity to be interviewed separately from their spouse , partner or other family members . where possible , women and girls should be provided with female interpreters and interviewers . medical examinations on women and girls should be carried out by female medical practitioners , in particular having regard to the fact that the applicant may have been a victim of gender - based violence . the complexity of gender - related claims should be properly taken into account in procedures based on the concept of first country of asylum , the concept of safe third country , the concept of safe country of origin and in the notion of subsequent applications . ### with a view to ensuring substantive equality between female and male applicants , examination procedures should be gender - sensitive . in particular , personal interviews should be organised in a way which makes it possible for both female and male applicants to speak about their past experiences in cases involving gender - based persecution . for this purpose , the applicant should be given an effective opportunity to be interviewed separately from their spouse , partner or other family members . where possible , the applicant should be provided with interpreters and interviewers of the same sex . medical examinations on the applicants should be carried out by medical practitioners of the same sex , in particular having regard to the fact that the applicant may have been a victim of gender - based violence .


### to be able to fulfil their obligations under this regulation , the personnel of the authorities responsible for receiving and registering applications should have appropriate knowledge and should receive the necessary training in the field of international protection , including with the support of the european union agency for asylum . they should also be given the appropriate means and instructions to effectively perform their tasks . ### to be able to fulfil their obligations under this regulation , the personnel of the authorities responsible for receiving and registering applications should have appropriate knowledge and should receive the necessary training in the field of international protection , including when necessary with the support of the european union agency for asylum . they should also be given the appropriate means and instructions to effectively perform their tasks .


### to ensure that unaccompanied minors have effective access to the procedure , they should always be appointed a guardian . the guardian should be a person or a representative of an organisation appointed to assist and guide the minor through the procedure with a view to safeguard the best interests of the child as well his or her general well - being . where necessary , the guardian should exercise legal capacity for the minor . in order to provide effective support to the unaccompanied minors , guardians should not be placed in charge of a disproportionate number of unaccompanied minors at the same time . member states should appoint entities or persons responsible for the support , supervision and monitoring of the guardians in the performance of their tasks . an unaccompanied minor should lodge an application in his or her own name or through the guardian . in order to safeguard the rights and procedural guarantees of an unaccompanied minor , the time - limit for him or her to lodge an application should start to run from when his or her guardian is appointed and they meet . where the guardian does not lodge the application within the set time limit , the unaccompanied minor should be given an opportunity to lodge the application on his or her name with the assistance of the determining authority . the fact that an unaccompanied minor chooses to lodge an application in his or her own name should not preclude him or her from being assigned a guardian . ### to ensure that unaccompanied minors have effective access to the procedure , they should always be appointed a guardian . the guardian should be a natural person appointed to assist and guide the minor through the procedure with a view to safeguard the best interests of the child as well his or her general well - being . where necessary , the guardian should exercise legal capacity for the minor . in order to provide effective support to the unaccompanied minors , guardians should not be placed in charge of a disproportionate number of unaccompanied minors at the same time . member states should appoint entities or persons responsible for the support , supervision and monitoring of the guardians in the performance of their tasks . an unaccompanied minor should lodge an application in his or her own name or through the guardian . in order to safeguard the rights and procedural guarantees of an unaccompanied minor , the time - limit for him or her to lodge an application should start to run from when his or her guardian is appointed and they meet . where the guardian does not lodge the application within the set time limit , the unaccompanied minor should be given an opportunity to lodge the application on his or her name with the assistance of the determining authority . the fact that an unaccompanied minor chooses to lodge an application in his or her own name should not preclude him or her from being assigned a guardian .


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


### in order to ensure uniform conditions for the implementation of this regulation , in particular as regards the provision of information , documents to the applicants and measures concerning applicants in need of special procedural guarantees including minors , implementing powers should be conferred on the commission . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council34 of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by the member states of the commission ' s exercise of implementing powers . _________________ 34 regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by the member states of the commission ' s exercise of implementing powers . ### in order to ensure uniform conditions for the implementation of this regulation , in particular as regards the provision of information and documents to the applicants , implementing powers should be conferred on the commission . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council34 of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by the member states of the commission ' s exercise of implementing powers . _________________ 34 regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by the member states of the commission ' s exercise of implementing powers .


### ' final decision ' means a decision on whether or not a third - country national or stateless person is granted refugee status or subsidiary protection status by virtue of regulation no xxx / xxx , including a decision rejecting the application as inadmissible or a decision rejecting an application as explicitly withdrawn or abandoned and which can no longer be subject to an appeal procedure in the member state concerned ; ### ' final decision ' means a decision on whether or not a third - country national or stateless person is granted refugee status by virtue of regulation no xxx / xxx , including a decision rejecting the application as inadmissible or a decision rejecting an application as explicitly withdrawn or abandoned and which can no longer be subject to an appeal procedure in the member state concerned ;


### ' guardian ' means a person or an organisation appointed to assist and represent an unaccompanied minor with a view to safeguarding the best interests of the child and his or her general well - being in procedures provided for in this regulation and exercising legal capacity for the minor where necessary ; ### ' guardian ' means a natural person appointed to assist and represent an unaccompanied minor with a view to safeguarding the best interests of the child and his or her general well - being in procedures provided for in this regulation and exercising legal capacity for the minor where necessary ;


### ' withdrawal of international protection ' means the decision by a determining authority to revoke , end or refuse to renew refugee status or subsidiary protection status of a person ; ### ' withdrawal of international protection ' means the decision by a determining authority to revoke , end or refuse to renew refugee status of a person ;


### the applicant shall inform the determining authority of the member state in which he or she is required to be present of his or her place of residence or address or a telephone number where he or she may be reached by the determining authority or other responsible authorities . he or she shall notify that determining authority of any changes . the applicant shall accept any communication at the most recent place of residence or address which he or she indicated accordingly , in particular when he or she lodges an application in accordance with article 28 . ### the applicant shall inform the determining authority of the member state in which he or she is required to be present of his or her place of residence or address or a telephone number where he or she may be reached by the determining authority or other responsible authorities . he or she shall immediately notify that determining authority of any changes . the applicant shall accept any communication at the most recent place of residence or address which he or she indicated accordingly , in particular when he or she lodges an application in accordance with article 28 .


### where it is necessary for the examination of an application , the applicant may be required by the responsible authorities to be searched or have his or her items searched . without prejudice to any search carried out for security reasons , a search of the applicant ' s person under this regulation shall be carried out by a person of the same sex with full respect for the principles of human dignity and of physical and psychological integrity . ### where it is necessary for the examination of an application , the applicant shall be required by the responsible authorities to be searched or have his or her items , including the contents of electronic devices such as smartphones , tablets and laptops , searched . without prejudice to any search carried out for security reasons , a search of the applicant ' s person under this regulation shall be carried out by a person of the same sex with full respect for the principles of human dignity and of physical and psychological integrity .


### the determining authority shall provide applicants with the opportunity to communicate with united nations high commissioner for refugees or with any other organisation providing legal advice or other counselling to applicants in accordance with national law . ### the determining authority may , when deemed feasible , provide applicants with the opportunity to communicate with united nations high commissioner for refugees or with another organization providing professional legal advice to applicants in accordance with national law .


### the determining authority shall give applicants notice within a reasonable time of the decision taken on their application . where a guardian , legal adviser or other counsellor is legally representing the applicant , the determining authority may give notice of the decision to him or her instead of to the applicant . ### the determining authority shall give applicants notice within a reasonable time of the decision taken on their application . where a guardian or legal adviser is legally representing the applicant , the determining authority may give notice of the decision to him or her instead of to the applicant .


### the absence of a personal interview pursuant to point shall not adversely affect the decision of the determining authority . that authority shall give the applicant an effective opportunity to submit further information . when in doubt as to the condition of the applicant , the determining authority shall consult a medical professional to establish whether the condition that makes the applicant unfit or unable to be interviewed is of a temporary or enduring nature . ### the absence of a personal interview pursuant to point shall not adversely affect the decision of the determining authority . that authority shall give the applicant an effective opportunity to submit further information . when in doubt as to the condition of the applicant , the determining authority may consult a medical professional to establish whether the condition that makes the applicant unfit or unable to be interviewed is of a temporary or enduring nature .


### the responsible authorities shall store either the recording or the transcript for ten years from the date of a final decision . the recording 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 either the recording or the transcript for ten years from the date of a final decision . the recording shall be erased upon expiry of that period .


### applicants shall have the right to consult , in an effective manner , a legal adviser or other counsellor , admitted or permitted as such under national law , on matters relating to their applications at all stages of the procedure . ### applicants shall have the right to consult , in an effective manner , a legal adviser , admitted or permitted as such under national law , on matters relating to their applications at all stages of the procedure .


### without prejudice to the applicant ' s right to choose his or her own legal adviser or other counsellor at his or her own cost , an applicant may request free legal assistance and representation at all stages of the procedure in accordance with articles 15 to 17 . the applicant shall be informed of his or her right to request free legal assistance and representation at all stages of the procedure . ### without prejudice to the applicant ' s right to choose his or her own legal adviser or other counsellor at his or her own cost , an applicant may request free legal assistance and representation at appeal stage of the procedure in accordance with articles 15 to 17 . the applicant shall be informed of his or her right to request free legal assistance and representation at appeal stage of the procedure .


### a legal adviser or other counsellor admitted or permitted as such under national law , who assists or represents an applicant under the terms of national law , shall be granted access to the information in the applicant ' s file upon the basis of which a decision is or shall be made . ### a legal adviser admitted or permitted as such under national law , who assists or represents an applicant under the terms of national law , shall be granted access to the information in the applicant ' s file upon the basis of which a decision is or shall be made .


### as regards point , the determining authority shall , in particular , grant access to information or sources to a legal adviser or other counsellor who has undergone a security check , insofar as the information is relevant for examining the application or for taking a decision to withdraw international protection . ### as regards point , the determining authority shall , in particular , grant access to information or sources to a legal adviser who has undergone a security check , insofar as the information is relevant for examining the application or for taking a decision to withdraw international protection .


### the legal adviser or other counsellor who assists or represents an applicant shall have access to closed areas , such as detention facilities and transit zones , for the purpose of consulting that applicant , in accordance with directive xxx / xxx / eu . ### the legal adviser who assists or represents an applicant may have access to closed areas , such as detention facilities and transit zones , for the purpose of consulting that applicant , in accordance with directive xxx / xxx / eu .


### an applicant shall be allowed to bring to a personal interview a legal adviser or other counsellor admitted or permitted as such under national law . the legal adviser or other counsellor shall be authorised to intervene during the personal interview . ### an applicant shall be allowed to bring to a personal interview a legal adviser admitted or permitted as such under national law .


### the determining authority may require the presence of the applicant at the personal interview , even if he or she is represented under the terms of national law by a legal adviser or counsellor , and may require the applicant to respond in person to the questions asked . ### the determining authority may require the presence of the applicant at the personal interview , even if he or she is represented under the terms of national law by a legal adviser , and may require the applicant to respond in person to the questions asked .


### without prejudice to article 22 , the absence of a legal adviser or other counsellor shall not prevent the determining authority from conducting a personal interview with the applicant . ### without prejudice to article 22 , the absence of a legal adviser shall not prevent the determining authority from conducting a personal interview with the applicant .


### free legal assistance and representation shall be provided by legal advisers or other counsellors permitted under national law to assist or represent the applicants or non - governmental organisations accredited under national law to provide advisory services or representation . ### free legal assistance and representation shall be provided by legal advisers permitted under national law to assist or represent the applicants .


### where there are indications that applicants may have been victim of torture , rape or of another serious form of psychological , physical , sexual or gender - based violence and that this could adversely affect their ability to participate effectively in the procedure , the determining authority shall refer the applicants to a doctor or a psychologist for further assessment of their psychological and physical state . ### when necessary , the determining authority may refer the applicants to a doctor or a psychologist for further assessment of their psychological and physical state .


### 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 after an unaccompanied minor makes an application , appoint a person as a guardian .


### any medical examination shall be performed with full respect for the individual’s dignity , shall be the least invasive examination and shall be carried out by qualified medical professionals allowing for the most reliable result possible . ### any medical examination shall be performed with full respect for the individual’s dignity and shall be carried out by qualified medical professionals allowing for the most reliable result possible .


### the applicant refuses to cooperate by not providing the necessary details for the application to be examined and by not providing his or her fingerprints and facial image pursuant to article 7 ; ### the applicant refuses to cooperate by not providing all the necessary details for the application to be examined or by not providing his or her fingerprints and facial image pursuant to article 7 or by noncompliance with article 7 ;


### where the third country in question does not admit or readmit the applicant to its territory , the determining authority shall revoke the decision rejecting the application as inadmissible and shall give access to the procedure in accordance with the basic principles and guarantees provided for in chapter ii and section i of chapter iii . ### where , despite multiple attempts , the third country in question does not admit or readmit the applicant to its territory , the determining authority may revoke the decision rejecting the application as inadmissible and may give access to the procedure in accordance with the basic principles and guarantees provided for in chapter ii and section i of chapter iii . however , the return procedure should be continued until admission or readmission becomes possible .


### in case of sudden changes in the situation of a third country which is designated as a safe third country at union level or which is on the eu common list of safe countries of origin , the commission shall conduct a substantiated assessment of the fulfilment by that country of the conditions set in article 45 or article 47 and , if the commission considers that those conditions are no longer met , it shall adopt a delegated act suspending the designation of a third country as a safe third country at union level or suspending the presence of a third country from the eu common list of safe countries of origin for a period of six months . ### in case of sudden changes in the situation of a third country which is designated as a safe third country at union level or which is on the eu common list of safe countries of origin , the commission shall conduct a substantiated assessment of the fulfilment by that country of the conditions set in article 45 or article 47 and , if the commission considers that those conditions are no longer met , it shall adopt a delegated act suspending the designation of a third country as a safe third country at union level or suspending the presence of a third country from the eu common list of safe countries of origin for a period of three months .


### the decision of the competent authority to withdraw international protection shall be given in writing . the reasons in fact and in law shall be stated in the decision and information on the manner in which to challenge the decision shall be given in writing . ### the decision of the competent authority to withdraw international protection shall be made within two months from the initiation of the procedure and shall be given in writing . the reasons in fact and in law shall be stated in the decision and information on the manner in which to challenge the decision shall be given in writing .


### within two months 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 as unfounded or manifestly unfounded in relation to refugee or subsidiary protection status following an accelerated examination procedure or a border procedure or while the applicant is held in detention ; ### within two months 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 as unfounded or manifestly unfounded in relation to refugee status following an accelerated examination procedure or a border procedure or while the applicant is held in detention ;


### within six months in the case of a decision rejecting the application as unfounded in relation to refugee or subsidiary protection status if the examination is not accelerated or in the case of a decision withdrawing international protection ; ### within five months in the case of a decision rejecting the application as unfounded in relation to refugee or subsidiary protection status if the examination is not accelerated or in the case of a decision withdrawing international protection ;


### within six months in the case of a decision rejecting the application as unfounded in relation to refugee or subsidiary protection status if the examination is not accelerated or in the case of a decision withdrawing international protection ; ### within six months in the case of a decision rejecting the application as unfounded in relation to refugee if the examination is not accelerated or in the case of a decision withdrawing international protection ;


### the costs for the development of the interoperability components projected under the current multiannual financial framework are lower than the remaining amount on the budget earmarked for smart borders in regulation no 515 / 2014 of the european parliament and the council61 . accordingly , this regulation , pursuant to article 5 of regulation no 515 / 2014 , should reallocate the amount currently attributed for developing it systems supporting the management of migration flows across the external borders . _________________ 61 regulation no 515 / 2014 of the european parliament and of the council of 16 april 2014 establishing as part of the internal security fund , the instrument for financial support for external borders and visa and repealing decision no 574 / 2007 / ec . ### the costs for the development of the interoperability components projected under the current multiannual financial framework are lower than the remaining amount on the budget earmarked for smart borders in regulation no 515 / 2014 of the european parliament and the council61 . accordingly , this regulation , pursuant to article 5 of regulation no 515 / 2014 , should reallocate the amount currently attributed for developing it systems supporting the management of migration flows across the external borders . in addition , eu - lisa shall use best endeavours to keep costs to a minimum and to identify and implement the most cost - effective technical solutions . _________________ 61 regulation no 515 / 2014 of the european parliament and of the council of 16 april 2014 establishing as part of the internal security fund , the instrument for financial support for external borders and visa and repealing decision no 574 / 2007 / ec .


### a link between data from two or more information systems shall be classified as green where the linked data do not share the same biometric but have similar identity data and the authority responsible for the verification of different identities concluded it refers to two different persons . ### a link between data from two or more information systems shall be classified as green where the linked data do not share : the same biometric data but have the same or similar identity data ; or the same or similar identity data but have indistinguishable biometric data , and the authority responsible for the verification of different identities concluded it refers to two different persons .


### to better exploit economies of scale in the defence industry , the programme should support the cooperation between undertakings in the development of defence products and technologies . ### to create an efficient european defence industry and to make better use of economies of scale , the programme should allow for the full potential of all european actors to be utilised . therefore , the programme should support the cooperation between undertakings in the development of defence products and technologies and facilitate the development of cooperation between new partners .


### cross - border collaboration in the development of defence products and technologies has often been hampered by the difficulty to agree on common technical specifications . the absence or limited level of common technical specifications have led to increased complexity , delays and inflated costs in the development phase . the agreement on common technical specifications should be a condition in order to benefit from the union ' s support under this programme . actions aiming at supporting the creation of a common definition of technical specifications should also be eligible for support under the programme . ### cross - border collaboration in the development of defence products and technologies has often been hampered by the difficulty to agree on common technical specifications or standards and promote interoperability . the absence or limited level of common technical specifications or standards have led to increased complexity , delays and inflated costs in the development phase . the agreement on common technical specifications or standards should be a primary condition in order to benefit from the union ' s support under this programme . actions aiming at supporting the creation of a common definition of technical specifications or standards should also be eligible for support under the programme .


### 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 , entities established in the union and effectively controlled by member states or their nationals should be eligible for support . given that the aim of the programme is to enhance the overall competitiveness of the union ' s defence industry , it is important to apply the research and industrial potential of all member states . the programme takes into account the economic and social differences in the development of entities that form the defence industry , which had an impact on the present level of integration within the sector and the particular characters of the entities , such as their ownership structure . therefore , an undertaking established in the union but controlled by non - eu states or by non - eu entities would be eligible provided that this would not contravene the security and defence interests of the union and of all member states as established in the framework of the common foreign and security policy in accordance with title v of the teu and if the member state , where the entity is located , provides other member states with sufficient guaranties thereof . 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 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 .


### to support and leverage the cooperation between undertakings , including small and medium - sized enterprises , in the development of technologies or products in line with defence capability priorities commonly agreed by member states within the union ; ### to increase , support and leverage the cross - border cooperation between member states and undertakings with a view to supporting integrated actions in the single market for defence , including the involvement of small and medium - sized enterprises , in the development of technologies or products in line with defence capability priorities commonly agreed by member states within the union , including the development of cyber defence capabilities and cybersecurity solutions for the defence industry , and in order to avoid duplication and promote interoperability and standardisation ;


### when it relates to actions defined under point to of the first paragraph , the action must be based on common technical specifications . ### when it relates to actions defined under point to of the first paragraph , the action shall be based on common technical specifications or standards that promote interoperability .


### 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 the actions described in 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 , while respecting the requirements of directive 2009 / 81 / ec as regards defence and security procurement .


### 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 .


### to support greater efficiency and effectiveness of future union policy actions , the commission shall draw up a retrospective evaluation report and send it to the european parliament and to the council . the report - building on relevant consultations of member states and key stakeholders - shall notably assess the progress made towards the achievement of objectives set out in article 2 . it shall also analyse cross border participation of smes in projects implemented under the programme as well as the participation of smes to the global value chain . ### to support greater efficiency and effectiveness of future union policy actions , the commission shall draw up annual evaluation reports and send them to the european parliament and to the council . the reports - building on relevant consultations of member states and key stakeholders - shall , in particular , assess the progress made towards the achievement of objectives set out in article 2 , while examining the efficiency and effectiveness of the supported actions in terms of financial implementation , results , costs and , where possible , impacts . they shall also analyse the different award criteria as set out in article 10 and provide relevant data , including information on the participation of smes and small mid - cap companies in the implemented projects and in the global value chain . the reports shall also include information on the distribution of the intellectual property rights generated .


### the freedom of establishment and the freedom to provide services under the treaty on the functioning of the european union apply to data storage or other processing services . however , the provision of those services is hampered or sometimes prevented by certain national requirements to locate data in a specific territory . ### the freedom of establishment and the freedom to provide services stipulated in article 26 , articles 49 to 55 and articles 56 to 62 of the treaty on the functioning of the european union , apply to processing services , including porting of data . however , the provision of those services is hampered or sometimes prevented by certain national requirements to locate data in a specific territory .


### such obstacles to the free movement of data storage or other processing services and to the right of establishment of data storage or other processing providers originate from requirements in the national laws of member states to locate data in a specific geographical area or territory for the purpose of storage or other processing . other rules or administrative practices have an equivalent effect by imposing specific requirements which make it more difficult to store or otherwise process data outside a specific geographical area or territory within the union , such as requirements to use technological facilities that are certified or approved within a specific member state . legal uncertainty as to the extent of legitimate and illegitimate data localisation requirements further limits the choices available to market players and to the public sector regarding the location of data storage or other processing . ### such obstacles to the free movement of data processing services and to the right of establishment of data processing providers originate from requirements in the national laws of member states to locate data in a specific geographical area or territory for the purpose of processing . other rules or administrative practices have an equivalent effect by imposing specific requirements which make it more difficult to process data outside a specific geographical area or territory within the union , such as requirements to use technological facilities that are certified or approved within a specific member state . legal uncertainty as to the extent of legitimate and illegitimate data localisation requirements further limits the choices available to market players and to the public sector regarding the location of data processing .


### data localisation requirements represent a clear barrier to the free provision of data storage or other processing services across the union and to the internal market . as such , they should be banned unless they are justified based on the grounds of public security , as defined by union law , in particular article 52 of the treaty on the functioning of the european union , and satisfy the principle of proportionality enshrined in article 5 of the treaty on european union . in order to give effect to the principle of free flow of non - personal data across borders , to ensure the swift removal of existing data localisation requirements and to enable for operational reasons storage or other processing of data in multiple locations across the eu , and since this regulation provides for measures to ensure data availability for regulatory control purposes , member states should not be able to invoke justifications other than public security . ### data localisation requirements represent a clear barrier to the free provision of processing services across the union and to the internal market . as such , they should be banned unless they are justified based on the imperative grounds of public security , as defined by union law , in particular article 52 of the treaty on the functioning of the european union , and satisfy the principle of proportionality enshrined in article 5 of the treaty on european union . in order to give effect to the principle of free flow of non - personal data across borders , to ensure the swift removal of existing data localisation requirements and to enable for operational reasons processing of data in multiple locations across the eu , and since this regulation provides for measures to ensure data availability for regulatory control purposes , member states should not be able to invoke justifications other than public security . the concept of ‘ public security’ within the meaning of article 52 tfeu and as interpreted by the court of justice , covers both internal and external security of a member state . the member state requesting such exemption should prove that it is necessary to have recourse to that derogation in order to protect its essential security interests .


### data localisation requirements represent a clear barrier to the free provision of data storage or other processing services across the union and to the internal market . as such , they should be banned unless they are justified based on the grounds of public security , as defined by union law , in particular article 52 of the treaty on the functioning of the european union , and satisfy the principle of proportionality enshrined in article 5 of the treaty on european union . in order to give effect to the principle of free flow of non - personal data across borders , to ensure the swift removal of existing data localisation requirements and to enable for operational reasons storage or other processing of data in multiple locations across the eu , and since this regulation provides for measures to ensure data availability for regulatory control purposes , member states should not be able to invoke justifications other than public security . ### data localisation requirements represent a clear barrier to the free provision of data processing services across the union and to the internal market . as such , they should be banned unless they are justified based on the grounds of public security , as defined by union law , in particular article 52 of the treaty on the functioning of the european union , and satisfy the principle of proportionality enshrined in article 5 of the treaty on european union . in order to give effect to the principle of free flow of non - personal data across borders , to ensure the swift removal of existing data localisation requirements and to enable for operational reasons the processing of data in multiple locations across the eu , and since this regulation provides for measures to ensure data availability for regulatory control purposes , member states should not be able to invoke justifications other than public security .


### in order to ensure the transparency of data localisation requirements in the member states for natural and legal persons , such as providers and users of data storage or other processing services , member states should publish on a single online information point and regularly update the information on such measures . in order to appropriately inform legal and natural persons of data localisation requirements across the union , member states should notify to the commission the addresses of such online points . the commission should publish this information on its own website . ### in order to ensure the transparency of data localisation requirements in the member states for natural and legal persons , such as providers and users of processing services , member states should publish on a single online information point and regularly update the information on such measures . in order to appropriately inform legal and natural persons of data localisation requirements across the union , member states should notify to the commission the addresses of such online points . the commission should publish on its own website regularly updated information on these national measures available in its working / procedural languages , together with the addresses of the online single points of contact of the member states .


### in order to ensure the transparency of data localisation requirements in the member states for natural and legal persons , such as providers and users of data storage or other processing services , member states should publish on a single online information point and regularly update the information on such measures . in order to appropriately inform legal and natural persons of data localisation requirements across the union , member states should notify to the commission the addresses of such online points . the commission should publish this information on its own website . ### in order to ensure the transparency of data localisation requirements in the member states for natural and legal persons , such as providers and users of data processing services , details of such requirements on a single online information point or should provide such details to a union - level information point established under another union act . member states should regularly update this information . in order to appropriately inform legal and natural persons of data localisation requirements across the union , member states should notify to the commission the addresses of such online points . the commission should publish this information on its own website , along with a consolidated list of data localisation requirements in force in member states .


### data localisation requirements are frequently underpinned by a lack of trust in cross - border data storage or other processing , deriving from the presumed unavailability of data for the purposes of the competent authorities of the member states , such as for inspection and audit for regulatory or supervisory control . therefore , this regulation should clearly establish that it does not affect the powers of competent authorities to request and receive access to data in accordance with union or national law , and that access to data by competent authorities may not be refused on the basis that the data is stored or otherwise processed in another member state . ### data localisation requirements are frequently underpinned by a lack of trust in cross - border data processing , deriving from the presumed unavailability of data for the purposes of the competent authorities of the member states , such as for inspection and audit for regulatory or supervisory control . therefore , this regulation should clearly establish that it does not affect the powers of competent authorities to request and receive access to data in accordance with union or national law , and that access to data by competent authorities may not be refused on the basis that the data is stored or otherwise processed in another member state . furthermore , this regulation should not affect the powers of competent authorities to adopt regulation that ensures authorities online access to data held abroad .


### where a natural or legal person subject to obligations to provide data fails to comply with them and provided that a competent authority has exhausted all applicable means to obtain access to data , the competent authority should be able to seek assistance from competent authorities in other member states . in such cases , competent authorities should use specific cooperation instruments in union law or international agreements , depending on the subject matter in a given case , such as , in the area of police cooperation , criminal or civil justice or in administrative matters respectively , framework decision 2006 / 96034 , directive 2014 / 41 / eu of the european parliament and of the council35 , the convention on cybercrime of the council of europe36 , council regulation no 1206 / 200137 , council directive 2006 / 112 / ec38 and council regulation no 904 / 201039 . in the absence of such specific cooperation mechanisms , competent authorities should cooperate with each other with a view to provide access to the data sought , through designated single points of contact , unless it would be contrary to the public order of the requested member state . _________________ 34 council framework decision 2006 / 960 / jha of 18 december 2006 on simplifying the exchange of information and intelligence between law enforcement authorities of the member states of the european union . 35 directive 2014 / 41 / eu of the european parliament and of the council of 3 april 2014 regarding the european investigation order in criminal matters . 36 convention on cybercrime of the council of europe , cets no 185 . 37 council regulation no 1206 / 2001 of 28 may 2001 on cooperation between the courts of the member states in the taking of evidence in civil or commercial matters . 38 council directive 2006 / 112 / ec of 28 november 2006 on the common system of value added tax . 39 council regulation no 904 / 2010 of 7 october 2010 on administrative cooperation and combating fraud in the field of value added tax . ### where a natural or legal person subject to obligations to provide data fails to comply with them the competent authority should be able to seek assistance from competent authorities in other member states . in such cases , competent authorities should use specific cooperation instruments in union law or international agreements , depending on the subject matter in a given case , such as , in the area of police cooperation , criminal or civil justice or in administrative matters respectively , framework decision 2006 / 96034 , directive 2014 / 41 / eu of the european parliament and of the council35 , the convention on cybercrime of the council of europe36 , council regulation no 1206 / 200137 , council directive 2006 / 112 / ec38 and council regulation no 904 / 201039 . in the absence of such specific cooperation mechanisms , competent authorities should cooperate with each other with a view to provide access to the data sought , through designated single points of contact . _________________ 34 council framework decision 2006 / 960 / jha of 18 december 2006 on simplifying the exchange of information and intelligence between law enforcement authorities of the member states of the european union . 35 directive 2014 / 41 / eu of the european parliament and of the council of 3 april 2014 regarding the european investigation order in criminal matters . 36 convention on cybercrime of the council of europe , cets no 185 . 37 council regulation no 1206 / 2001 of 28 may 2001 on cooperation between the courts of the member states in the taking of evidence in civil or commercial matters . 38 council directive 2006 / 112 / ec of 28 november 2006 on the common system of value added tax . 39 council regulation no 904 / 2010 of 7 october 2010 on administrative cooperation and combating fraud in the field of value added tax .


### in order to take full advantage of the competitive environment , professional users should be able to make informed choices and easily compare the individual components of various data storage or other processing services offered in the internal market , including as to the contractual conditions of porting data upon the termination of a contract . in order to align with the innovation potential of the market and to take into account the experience and expertise of the providers and professional users of data storage or other processing services , the detailed information and operational requirements for data porting should be defined by market players through self - regulation , encouraged and facilitated by the commission , in the form of union codes of conduct which may entail model contract terms . nonetheless , if such codes of conduct are not put in place and effectively implemented within a reasonable period of time , the commission should review the situation . ### in order to take full advantage of the competitive environment , professional users should be able to make informed choices and easily compare the individual components of various data processing services offered in the internal market , including as to the contractual conditions of porting data upon the termination of a contract . in order to align with the innovation potential of the market and to take into account the experience and expertise of the providers and professional users of data processing services , the detailed information and operational requirements for data porting should be defined by market players through self - regulation , encouraged , facilitated and monitored by the commission , in the form of union codes of conduct which may entail model contract terms . the commission should evaluate the development and effective implementation of these codes of conduct .


### ‘ data localisation requirement’ means any obligation , prohibition , condition , limit or other requirement provided for in the laws , regulations or administrative provisions of the member states , which imposes the location of data storage or other processing in the territory of a specific member state or hinders storage or other processing of data in any other member state ; ### ‘ data localisation requirement’ means any obligation , prohibition , condition , limit or other requirement provided for in the laws , regulations or administrative provisions or practices of member states and its emanations , including those related to public procurement , which imposes the processing of data in the territory of a specific member state or hinders the processing of data in any other member state .


### member states shall notify to the commission any draft act which introduces a new data localisation requirement or makes changes to an existing data localisation requirement in accordance with the procedures set out in the national law implementing directive 2015 / 1535 . ### member states shall immediately notify to the commission any draft act which introduces a new data localisation requirement or makes changes to an existing data localisation requirement in accordance with the procedures set out articles 5 , and 7 of directive 2015 / 1535 .


### within 12 months after the start of application of this regulation , member states shall ensure that any data localisation requirement that is not in compliance with paragraph 1 is repealed . if a member state considers that a data localisation requirement is in compliance with paragraph 1 and may therefore remain in force , it shall notify that measure to the commission , together with a justification for maintaining it in force . ### within 12 months after the start of application of this regulation , member states shall ensure that any data localisation requirement that is not in compliance with paragraph 1 is repealed . if , by the end of this period , a member state considers that a data localisation requirement is in compliance with paragraph 1 and may therefore remain in force , it shall notify that measure to the commission , together with a justification for maintaining it in force .


### within 12 months after the start of application of this regulation , member states shall ensure that any data localisation requirement that is not in compliance with paragraph 1 is repealed . if a member state considers that a data localisation requirement is in compliance with paragraph 1 and may therefore remain in force , it shall notify that measure to the commission , together with a justification for maintaining it in force . ### by . . . [ 12 months after the date of entry into force of this regulation ] , member states shall ensure that any data localisation requirement that is not in compliance with paragraph 1 has been repealed . by . . . [ 12 months after the date of entry into force of this regulation ] if a member state considers that a data localisation requirement is in compliance with paragraph 1 and may therefore remain in force , it shall notify that measure to the commission , together with a justification for maintaining it in force .


### member states shall make the details of any data localisation requirements applicable in their territory publicly available online via a single information point which they shall keep up - to - date . ### member states shall make the details of any data localisation requirements applicable in their territory publicly available online via a single information point which they shall keep up - to - date , or via a union - level information point established under another union act if and when available .


### member states shall inform the commission of the address of their single information point referred to in paragraph 4 . the commission shall publish the links to such points on its website . ### member states shall inform the commission of the address of their single information point referred to in paragraph 4 . the commission shall publish on its website regularly updated information available in its working / procedural languages on the national measures referred in paragraphs 2 and 3 , together with the addresses of the online single points of contact of the member states .


### where a competent authority has exhausted all applicable means to obtain access to the data , it may request the assistance of a competent authority in another member state in accordance with the procedure laid down in article 7 , and the requested competent authority shall provide assistance in accordance with the procedure laid down in article 7 , unless it would be contrary to the public order of the requested member state . ### for the purposes of paragraph 1 of this article , where a competent authority does not receive access to data from a natural or legal persons , and if no specific cooperation mechanism exists under union law or international agreements to exchange data between competent authorities of different member states , that competent authority may request the assistance from a competent authority of another member state in accordance with the procedure set out in article 7 .


### where a request for assistance entails obtaining access to any premises of a natural or legal person including to any data storage or other processing equipment and means , by the requested authority , such access must be in accordance with union or member state procedural law . ### where a request for assistance entails obtaining access to any premises of a natural or legal person including to any data processing equipment and means , by the requested authority , such access must be in accordance with union or member state procedural law .


### the processes , technical requirements , timeframes and charges that apply in case a professional user wants to switch to another provider or port data back to its own it systems , including the processes and location of any data back - up , the available data formats and supports , the required it configuration and minimum network bandwidth ; the time required prior to initiating the porting process and the time during which the data will remain available for porting ; and the guarantees for accessing data in the case of the bankruptcy of the provider ; and ### best practices in facilitating the switching of providers ; and porting data in a structured , open standards and machine - readable format allowing sufficient time for the user to switch or port the data ; and


### the commission shall encourage providers to effectively implement the codes of conduct referred to in paragraph 1 within one year after the start of application of this regulation . ### the commission shall encourage providers to effectively implement the codes of conduct referred to in paragraph 1 within [ two years after the date of publication of this regulation ] .


### the programme should aim to raise the awareness of consumers , businesses , civil society and authorities on union consumer and safety laws and to empower consumers and their representative organisations at national level and at the union level notably by supporting the bureau européen des unions de consommateurs which is the long established and recognised ngo representing consumer interests in relation to all relevant union policies , and the european association for the co - ordination of consumer representation in standardisation which represents consumers interest in relation to standardisation issues . in doing so , particular attention should be given to new market needs regarding the promotion of sustainable consumption and the prevention of vulnerabilities as well as challenges created by the digitisation of the economy or the development of new consumption patterns and business models . the programme should support the development of relevant information on markets , policy challenges , emerging issues and behaviours , and the publication of the union consumer scoreboards . ### the programme should aim to raise the awareness of consumers , businesses , civil society and authorities on union consumer and safety laws and to empower consumers and their representative organisations at national level and at the union level notably by supporting consumer organisations . in doing so , particular attention should be given to new market needs regarding the promotion of sustainable consumption and the prevention of vulnerabilities as well as challenges created by the digitisation of the economy or the development of new consumption patterns and business models . the programme should support the development of relevant information on markets , policy challenges , emerging issues and behaviours , and the publication of the union consumer scoreboards .


### the fitness check of union consumer and marketing law carried out by the commission in may 2017 exposed the need to better enforce rules and facilitate redress when consumers have been harmed by breaches to consumer laws . as a result the commission adopted a ' new deal for consumers ' in april 2018 to ensure , inter alia , the equal treatment of consumers across the internal market in relation to dual quality standards , stronger enforcement capacities of member states , enhanced product safety , increased international cooperation and new possibilities for redress notably through representative actions by qualified entities . the programme should aim to support consumer policy with awareness raising and knowledge building , capacity building and exchange of best practices of the consumer organisations and consumer protection authorities , networking and development of market intelligence , strengthening the evidence base on the functioning of the internal market for consumers , it systems and communication tools , inter alia . ### the fitness check of union consumer and marketing law carried out by the commission in may 2017 exposed the need to better enforce rules and facilitate redress when consumers have been harmed by breaches to consumer laws . the commission adopted a ' new deal for consumers ' to ensure , inter alia , the equal treatment of consumers across the internal market in relation to dual quality standards among the member states , stronger enforcement capacities of member states , enhanced product safety , increased international cooperation and new possibilities for redress notably through representative actions by qualified entities . the programme should aim to support consumer policy with awareness raising and knowledge building , capacity building and exchange of best practices of the consumer organisations and consumer protection authorities , networking and development of market intelligence , strengthening the evidence base on the functioning of the internal market for consumers , it systems and communication tools , inter alia .


### a high level of health protection through the food supply chain is necessary to allow the internal market to operate efficiently . a safe and sustainable food supply chain is a prerequisite for society and for the internal market . cross border health crises and food scares disrupt the functioning of the internal market by limiting the movements of persons and goods and disrupting production . ### a high level of health protection through the food supply chain is necessary to protect consumers and the environment as well as to allow the internal market to operate efficiently . a safe and sustainable food supply chain is a prerequisite for society and for the internal market . as demonstrated by recent incidents such as the fipronil egg contamination in 2017 and the horse meat scandal in 2013 , cross border health crises , i . e . avian influenza or african swine fever , and food scares disrupt the functioning of the internal market by limiting the movements of persons and goods and disrupting production . therefore , ensuring high sanitary standards , animal welfare and health protection through the food chain , and the prevention of new and unknown pests and diseases should be key priorities .


### the general objective of union law in the food chain area is to contribute to a high level of health for humans , animals and plants along the food chain , to support the improvement of the welfare of animals , to contribute to a high level of protection and information for consumers and a high level of protection of the environment , including the preservation of biodiversity , while improving the sustainability of european food and feed productions , increasing quality standards across the union , enhancing the competitiveness of the union food and feed industry and favouring the creation of jobs . ### the general objective of union law in the food chain area is to contribute to a high level of health for humans , animals and plants along the food chain , to support the improvement of the welfare of animals , to contribute to a high level of protection and information for consumers and a high level of protection of the environment , including the preservation of biodiversity , while improving the sustainability of european food and feed productions , increasing quality standards across the union , enhancing the competitiveness of the union food and feed industry and favouring the creation of jobs . in order to avoid duplication with related union programmes and actions , and in view of the fact that animal welfare , combating food waste and the sustainable use of pesticides form part of the new objectives of the common agricultural policy , they do not fall within the scope of this regulation .


### considering the specific nature of the actions concerning a high level of health for humans , animals and plants along the food chain special eligibility criteria concerning provision of grants and use of public procurement need to be provided in this regulation . in particular , by way of derogation from regulation of the european parliament and of the council61 , as an exception to the principle of non - retroactivity , the costs for the emergency measures , due to their urgent and unforeseeable nature , should be eligible and include also costs incurred as a result of a suspected occurrence of a disease or pest provided that that occurrence is subsequently confirmed and notified to the commission . the corresponding budgetary commitments and the payment of eligible expenditure should be made by the commission , after signature of the legal commitments and after assessment of the payment applications submitted by the member states . costs should also be eligible for protection measures taken in the case of a direct threat to the status of health in the union as a result of the occurrence or development , in the territory of a third country , a member state or overseas countries and territories , of certain animal diseases and zoonoses as well as in respect of protection measures , or other relevant activities , taken in support of the health status of plants in the union . _________________ 61 [ to add ] ### considering the specific nature of the actions concerning a high level of health for humans , animals and plants along the food chain special eligibility criteria concerning provision of grants and use of public procurement need to be provided in this regulation . in particular , by way of derogation from regulation of the european parliament and of the council61 , as an exception to the principle of non - retroactivity , the costs for the emergency measures , due to their urgent and unforeseeable nature , should be eligible and include also costs incurred as a result of a suspected occurrence of a disease or pest provided that that occurrence is subsequently confirmed and notified to the commission . the corresponding budgetary commitments and the payment of eligible expenditure should be made by the commission , after signature of the legal commitments and after assessment of the payment applications submitted by the member states . costs should also be eligible for protection measures taken in the case of a direct threat to the status of health in the union as a result of the occurrence or development , in the territory of a third country , a member state or overseas countries and territories , of certain animal diseases and zoonoses as well as in respect of protection measures , or other relevant activities , taken in support of the health status of plants in the union . _________________ 61 regulation 2018 / 1046 of the european parliament and of the council of 18 july 2018 on the financial rules applicable to the general budget of the union , amending regulations no 1296 / 2013 , no 1301 / 2013 , no 1303 / 2013 , no 1304 / 2013 , no 1309 / 2013 , no 1316 / 2013 , no 223 / 2014 , no 283 / 2014 , and decision no 541 / 2014 / eu and repealing regulation no 966 / 2012


### official controls carried out by the member states are an essential tool for verifying and monitoring that relevant union requirements are being implemented , complied with and enforced . the effectiveness and efficiency of official control systems is vital for maintaining a high level of safety for humans , animals and plants along the food chain whilst ensuring a high level of protection of the environment and of animal welfare . union financial support should be made available for such control measures . in particular , a financial contribution should be available to union reference laboratories in order to help them bear the costs arising from the implementation of work programmes approved by the commission . moreover , since the effectiveness of official controls also depends on the availability to the control authorities of well trained staff with an appropriate knowledge of union law , the union should be able to contribute to their training and relevant exchange programmes organised by competent authorities . ### official controls carried out by the member states are an essential tool for verifying and monitoring that relevant union requirements are being implemented , complied with and enforced . the effectiveness and efficiency of official control systems is vital for maintaining a high level of safety for humans , animals and plants along the food chain whilst ensuring a high level of protection of the environment and of animal welfare . union financial support should be made available for such control measures . in particular , a financial contribution should be available to union reference laboratories in order to help them bear the costs arising from the implementation of work programmes approved by the commission . moreover , since the effectiveness of official controls also depends on the availability to the control authorities of well trained staff with an appropriate knowledge of union law , the union should be able to contribute to their training and relevant exchange programmes organised by competent authorities . these control measures should preferably be financed from the budget of the member states .


### the programme should promote synergies , while avoiding duplication with related union programmes and actions . the actions under this programme should be complementary to those of the customs and fiscalis programmes established by regulation [ … ] of the european parliament and of the council67 and regulation [ … ] of the european parliament and of the council68 which also aim at supporting and improving the functioning of the internal market . _________________ 67 com 442 final 68 com 443 final ### the actions under this programme should be complementary to those of the customs and fiscalis programmes established by regulation [ … ] of the european parliament and of the council67 and regulation [ … ] of the european parliament and of the council68 which also aim at supporting and improving the functioning of the internal market . _________________ 67 com 442 final 68 com 443 final


### the implementing powers should be conferred on the commission in respect of the adoption of work programmes implementing the actions contributing to a high level of health for humans , animals and plants along the food chain . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council79 . _________________ 79 regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by the member states of the commission ' s exercise of implementing powers . ### the implementing powers should be conferred on the commission in respect of the setting of ‘ eu added value test’ criteria , determining the effectiveness of funds spend , and the adoption of work programmes implementing the actions contributing to a high level of health for humans , animals and plants along the food chain . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council79 . _________________ 79 regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by the member states of the commission ' s exercise of implementing powers .


### the types of financing and the methods of implementation under this regulation should be chosen on the basis of their ability to achieve the specific objectives of the actions and to deliver results , taking into account , in particular , the costs of controls , the administrative burden , and the expected risk of non - compliance . this should include consideration of the use of lump sums , flat rates and unit costs , as well as financing not linked to costs as referred to in article 125 of the financial regulation . ### the types of financing and the methods of implementation under this regulation should be chosen on the basis of their ability to achieve the specific objectives of the actions and to deliver results , taking into account , in particular , the costs of controls , the administrative burden , the added value to the union and the expected risk of non - compliance . this should include consideration of the use of lump sums , flat rates and unit costs , as well as financing not linked to costs as referred to in article 125 of the financial regulation .


### ' legal entity ' means any natural or legal person created and recognised as such under national law , union law or international law , which has legal personality and which may , acting in its own name , exercise rights and be subject to obligations , or an entity without a legal personality in accordance with article 197 of regulation of the european parliament and of the council ; ### ' legal entity ' means any natural or legal person created and recognised as such under national law , union law or international law , which has legal personality and which may , acting in its own name , exercise rights and be subject to obligations , or an entity without a legal personality in accordance with article 197 of regulation no 2018 / 1046 of the european parliament and of the council ;


### creation of the right conditions to empower all actors of the internal market , including businesses , citizens and consumers , civil society and public authorities through transparent information and awareness raising campaigns , best practice exchange , promotion of good practices , exchange and dissemination of expertise and knowledge and organization of trainings ; ### creation of the right and easily applicable conditions for all actors of the internal market , including businesses , citizens and consumers , civil society and public authorities through transparent information and awareness raising campaigns , best practice and innovative solutions exchange , promotion of good practices , exchange and dissemination of expertise and knowledge and organization of trainings ;


### provision of mechanisms for citizens , consumers , end - users , civil society and businesses representatives from the union to contribute to political discussions , policies and decision making process , notably by supporting the functioning of representative organisations at national and the union level ; ### provision of mechanisms for citizens , consumers , end - users , civil society , businesses representatives from the union , and professional organisations bringing together representatives of regulated professions , to contribute to political discussions , policies and decision making process , notably by supporting the functioning of representative organisations at national and the union level ;


### 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 by member states 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 .


### the power to adopt delegated acts referred to in articles 9 and 17 shall be conferred on the commission until 31 december 2028 . ### the power to adopt delegated acts referred to in articles 9 and 17 and shall be conferred on the commission until 31 december 2028 .


### the delegation of power referred to in articles 9 and 17 may be revoked at any time by the european parliament or by the council . a decision to revoke shall put an end to the delegation of the power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force . ### the delegation of power referred to in articles 9 and 17 and may be revoked at any time by the european parliament or by the council . a decision to revoke shall put an end to the delegation of the power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force .