### member states shall provide for an exception to the rights provided for in article 2 of directive 2001 / 29 / ec , articles 5 and 7 of directive 96 / 9 / ec , article 4 of directive 2009 / 24 / ec and article 11 of this directive , permitting cultural heritage institutions , to make copies of any works or other subject - matter that are permanently in their collections , in any format or medium , for the sole purpose of the preservation of such works or other subject - matter and to the extent necessary for such preservation . ### member states shall provide for an exception to the rights provided for in article 2 of directive 2001 / 29 / ec , articles 5 and 7 of directive 96 / 9 / ec , article 4 of directive 2009 / 24 / ec and article 11 of this directive , permitting cultural heritage institutions , research organisations and educational establishments to make copies of any works or other subject - matter that are permanently in their collections , in any format or medium , for the purpose of the preservation of such works or other subject - matter and to the extent necessary for such preservation , as well as internal organisational reproductions for purposes related to the implementation of their public interest missions .


### member states shall ensure that authors and performers receive on a regular basis and taking into account the specificities of each sector , timely , adequate and sufficient information on the exploitation of their works and performances from those to whom they have licensed or transferred their rights , notably as regards modes of exploitation , revenues generated and remuneration due . ### member states shall ensure that authors and performers receive on a regular basis and taking into account the specificities of each sector , timely , adequate and sufficient information on the exploitation and promotion of their works , including scientific works , and performances from those to whom they have licensed or transferred their rights , as well as subsequent transferees or licensees , &#160 ; and their successors in title , notably as regards modes of exploitation , revenues generated and remuneration due .


### ‘ cultural heritage institution’ means a publicly accessible library or museum , an archive or a film or audio heritage institution ; ### ‘ cultural heritage institution’ means a publicly accessible library , museum , gallery or educational establishment , an archive or a film or audio heritage institution , or a public service broadcaster ;


### member states shall ensure that authors and performers are entitled to request additional , appropriate remuneration from the party with whom they entered into a contract for the exploitation of the rights when the remuneration originally agreed is disproportionately low compared to the subsequent relevant revenues and benefits derived from the exploitation of the works or performances . ### member states may provide that authors and performers , where such rights are not managed by a collective management organisation or subject to a collective bargaining agreement and where existing provisions for modification or annulment of contracts for the exploitation of rights do not already exist , are entitled to request additional , appropriate and equitable remuneration from the party with whom they entered directly into a contract for the exploitation of the rights . this shall only apply in cases where the author or performer demonstrates that the remuneration originally agreed is manifestly and disproportionately low compared to the subsequent relevant net revenues and benefits directly derived from the exploitation of the particular author or performer ' s works or performances . member states may provide that this right expires if it is not exercised within a reasonable period from the relevant exploitation .


### the available budget shall be allocated in a geographically balanced manner to projects meeting the above conditions in view of the proposals received and , in principle , on a ' first come , first served ' basis . ### the available budget shall be allocated in a geographically balanced manner across the eu to projects meeting the above conditions and to ensure that the projects in all member states shall be funded under this regulation .


### 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 hunt has been traditionally conducted by the community ; the hunt contributes to the subsistence of the community and is not conducted primarily for commercial reasons ; the hunt is conducted in a manner which reduces pain , distress , fear or other forms of suffering of the animals hunted to the extent possible taking into consideration the traditional way of life and the subsistence needs of the community . the above conditions shall apply at the time or point of import for imported products . ### 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 hunt has traditionally been conducted by the community ; the hunt contributes to the subsistence of the community ; the hunt is conducted by a licensed member of the community in a manner which reduces excessive pain , distress , fear or other forms of suffering of the animals hunted to the extent possible taking into consideration the traditional way of life and the subsistence of the community . the above conditions shall apply at the time or point of import for imported products .


### 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 .


### the hunt is conducted in a manner which reduces pain , distress , fear or other forms of suffering of the animals hunted to the extent possible taking into consideration the traditional way of life and the subsistence needs of the community . ### the hunt is conducted by members of the community that possess a hunting licence , and in a manner which has due regard to animal welfare .


### member states shall seek to achieve the objective of a minimum proportion of biofuels produced from feedstocks and other fuels , listed in part a of annex ix , being consumed on their territory . to that effect , each member state shall set a national target , which it shall endeavour to achieve . a reference value for this target is 0 , 5 percentage points in energy content of the share of energy from renewable sources in all forms of transport in 2020 referred to in the first subparagraph , to be met with biofuels produced from feedstocks and other fuels , listed in part a of annex ix , and which shall be considered to be twice their energy content in accordance with point of this subparagraph and part a of annex ix . in addition , biofuels made from feedstocks not listed in annex ix that were determined to be wastes , residues , non food cellulosic material or ligno cellulosic material by the competent national authorities and are used in existing installations prior to the adoption of directive 2014 / … / eu of the european parliament and of the council* , may be counted towards the national target . member states may set a national target lower than the reference value of 0 , 5 percentage points , based on one or more of the following grounds : objective factors such as the limited potential for the sustainable production of biofuels produced from feedstocks and other fuels , listed in part a of annex ix , or the limited availability of such biofuels at cost efficient prices on the market , taking into account the assessment contained in the commission report referred to in article 3 of directive 2014 / &#8230 ; / eu ; the specific technical or climatic characteristics of the national market for transport fuels , such as the composition and condition of the road vehicle fleet ; or national policies allocating commensurate financial resources to incentivising the use of electricity from renewable energy sources in transport . the commission shall publish : – the national targets of the member states and , where applicable , the grounds for differentiation of their national target as compared to the reference value , notified in accordance with article 4 of directive 2014 / … / eu + ; – a synthesis report on member states ' achievements towards their national targets . ; ### member states shall ensure that they achieve a minimum proportion of biofuels produced from feedstocks and other fuels , listed in part a of annex ix , being consumed on their territory . this target shall be 2 , 5 % of the final consumption of energy in transport in 2020 . in addition , biofuels made from feedstocks not listed in annex ix that were determined to be wastes , residues , non - food cellulosic material or lingo - cellulosic material by the competent national authorities and are used in existing installations prior to 31 december 2014 may be counted towards the national target in order to take into account investments already made .


### biomass fraction of wastes and residues from forestry and forest - based industries , i . e . bark , branches , pre - commercial thinnings , leaves , needles , tree tops , saw dust , cutter shavings , black liquor , brown liquor , fibre sludge , lignin and tall oil . ### biomass fraction of wastes and residues from forestry and forest - based industries , i . e . bark , branches , pre - commercial thinnings , leaves , needles , tree tops , saw dust , cutter shavings , black liquor , brown liquor , fibre sludge , and lignin .


### to prepare for the transition towards advanced biofuels and minimise the overall indirect land - use change impacts in the period to 2020 , it is appropriate to limit the amount of biofuels and bioliquids obtained from food crops as set out in part a of annex viii to directive 2009 / 28 / ec and part a of annex v to directive 98 / 70 / ec , that can be counted towards targets set out in directive 2009 / 28 / ec , without restricting the overall use of such biofuels and bioliquids . ### to prepare for the transition towards advanced biofuels and minimise the overall indirect land - use change impacts in the period from 2020 to 2030 , it is appropriate to limit the amount of biofuels and bioliquids obtained from food crops as set out in part a of annex viii to directive 2009 / 28 / ec and part a of annex v to directive 98 / 70 / ec , that can be counted towards targets set out in directive 2009 / 28 / ec , without restricting the overall use of such biofuels and bioliquids .


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


### the time - limits provided for in this paragraph shall start to run from the date when the decision of the determining authority is notified to the applicant or from the moment the legal adviser or counsellor is appointed if the applicant has introduced a request for free legal assistance and representation . ### the time - limits provided for in this paragraph shall start to run from the date when the decision of the determining authority is notified to the applicant . if the applicant has requested free legal assistance and representation in accordance with article 15 , the time - limits shall start to run from the date on which the legal adviser or counsellor is appointed .


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


### in order to address sudden changes for the worse in a third country designated as a safe third country at union level or included in the eu common list of safe countries of origin , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of suspending the designation of that third country as safe third country at union level or the presence of that third country from the eu common list of safe countries of origin for a period of six months where the commission considers , on the basis of a substantiated assessment , that the conditions set by this regulation are no longer met . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the inter - institutional agreement on better law - making of 13 april 2016 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states ' experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts . ### in order to address sudden changes for the worse in a third country designated as a safe third country at union level or included in the eu common list of safe countries of origin , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of suspending the designation of that third country as safe third country at union level or the presence of that third country from the eu common list of safe countries of origin for a period of three months where the commission considers , on the basis of a substantiated assessment , that the conditions set by this regulation are no longer met . the opposite , designating a country as a safe third country at union level or adding a country into the eu common list of safe countries of origin , should also be made possible by delegating powers to the commission . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the inter - institutional agreement on better law - making of 13 april 2016 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states ' experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts .


### 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 .


### in the circumstances referred to in paragraph 1 , the determining authority shall discontinue the examination of the application and send a written notice to the applicant at the place of residence or address referred to in article 7 , informing him or her that the examination of his or her application has been discontinued and that the application will be definitely rejected as abandoned unless the applicant reports to the determining authority within a period of one month from the date when the written notice is sent . ### in the circumstances referred to in paragraph 1 , the determining authority shall discontinue the examination of the application and send a written notice to the applicant at the place of residence or address referred to in article 7 , informing him or her that the examination of his or her application has been discontinued and that the application will be definitely rejected as abandoned unless the applicant reports to the determining authority within a period of two weeks from the date when the written notice is sent .


### the preliminary examination shall be carried out on the basis of written submissions and a personal interview in accordance with the basic principles and guarantees provided for in chapter ii . the personal interview may be dispensed with in those instances where , from the written submissions , it is clear that the application does not give rise to relevant new elements or findings or that it is clearly without substance and has no tangible prospect of success . ### without prejudice to the time - limits referred to in article 34 , the preliminary examination shall be carried out within one month from the lodging of the application , on the basis of written submissions and a personal interview in accordance with the basic principles and guarantees provided for in chapter ii . the personal interview may be dispensed with in those instances where , from the written submissions , it is clear that the application does not give rise to relevant new elements or findings or that it is clearly without substance and has no tangible prospect of success .


### the right to remain shall not constitute an entitlement to a residence permit and it shall not give the applicant the right to travel to the territory of other member states without authorisation as referred to in article 6 of directive xxx / xxx / eu . ### the right to remain shall not constitute an entitlement to a residence permit and it shall not give the applicant the right to travel to the territory of other member states .


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


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


### with respect to the withdrawal of refugee or subsidiary protection status , and in particular in view of the regular status review to be carried out on the basis of regulation no xxx / xxx , member states should ensure that persons benefiting from international protection are duly informed of a possible reconsideration of their status and that they are given the opportunity to submit their point of view , within a reasonable time , by means of a written statement and in a personal interview , before the authorities can take a reasoned decision to withdraw their status . ### with respect to the withdrawal of refugee or subsidiary protection status , and in particular in view of the regular status review to be carried out on the basis of regulation no xxx / xxx , member states should ensure that persons benefiting from international protection are duly informed of a regular and mandatory reconsideration of their status and that they are given the opportunity to submit their point of view , within a reasonable time , by means of a written statement and in a personal interview , before the authorities can take a reasoned decision to withdraw their status .


### the commission , with the assistance of the european union agency for asylum , should regularly review the situation in third countries that have been removed from the eu common list of safe countries of origin or safe third countries , including where a member state notifies the commission that it considers , based on a substantiated assessment , that , following changes in the situation of that third country , it fulfils again the conditions set out in this regulation for being designated as safe . in such a case , member states could only designate that third country as a safe country of origin or a safe third country at the national level as long as the commission does not raise objections to that designation . where the commission considers that these conditions are fulfilled , it may propose an amendment to the designation of safe third countries at union level or to the eu common list of safe countries of origin so as to add the third country . ### the commission , with the assistance of the european union agency for asylum , should regularly review the situation in third countries that have been removed from the eu common list of safe countries of origin or safe third countries and the prospective new such countries , including where a member state notifies the commission that it considers , based on a substantiated assessment , that , following changes in the situation of that third country , it fulfils the conditions set out in this regulation for being designated as safe . in such a case , member states could only designate that third country as a safe country of origin or a safe third country at the national level . where the commission considers that these conditions are fulfilled , it should propose an amendment to the designation of safe third countries at union level or to the eu common list of safe countries of origin so as to add the third country . in the case of a sudden change for the better in a prospective third country , the commission could apply the procedure of a delegated act and propose a subsequent amendment to this regulation in order to speed up the procedure .


### member states may request total or partial reimbursement of any costs made if and when the applicant’s financial situation considerably improves or where the decision to make such costs was taken on the basis of false information supplied by the applicant . ### member states shall request total or partial reimbursement of any costs made if and when the applicant’s financial situation considerably improves or where the decision to make such costs was taken on the basis of false information supplied by the applicant .


### all relevant , accurate and up - to - date information relating to the situation prevailing in the country of origin of the applicant at the time of taking a decision on the application , including laws and regulations of the country of origin and the manner in which they are applied , as well as any other relevant information obtained from the european union agency for asylum , from the united nations high commissioner for refugees and relevant international human rights organisations , or from other sources ; ### all relevant , accurate and up - to - date information relating to the situation prevailing in the country of origin of the applicant at the time of taking a decision on the application , including laws and regulations of the country of origin and the manner in which they are applied , as well as any other relevant information obtained from the european union agency for asylum .


### the applicant may , for serious reasons , be considered a danger to the national security or public order of the member states ; ### the applicant may be considered a danger to the national security or public order of the member states ;


### medical examinations may be used to determine the age of unaccompanied minors within the framework of the examination of an application where , following statements by the applicant or other relevant indications including a psychosocial assessment , there are doubts as to whether or not the applicant is under the age of 18 . where the result of the medical examination is not conclusive , or includes an age - range below 18 years , member states shall assume that the applicant is a minor . ### medical examinations shall be used to determine the age of unaccompanied minors within the framework of the examination of an application where , following statements by the applicant or other relevant indications including a physical and a psychosocial assessment , there are doubts as to whether or not the applicant is under the age of 18 . where the result of the medical examination is not conclusive , or includes an age - range below 18 years , member states shall assume that the applicant is a minor .


### 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 .


### where an applicant makes a subsequent application without presenting new evidence or findings which significantly increase his or her likelihood of qualifying as a beneficiary of international protection or which relate to the reasons for which the previous application was rejected as inadmissible , that subsequent application should not be subject to a new full examination procedure . in those cases , following a preliminary examination , applications should be dismissed as inadmissible or as manifestly unfounded where the application is so clearly without substance or abusive that it has no tangible prospect of success , in accordance with the res judicata principle . the preliminary examination shall be carried out on the basis of written submissions and a personal interview however the personal interview may be dispensed with in those instances where , from the written submissions , it is clear that the application does not give rise to relevant new elements or findings or that it is clearly without substance and has no tangible prospect of success . in case of subsequent applications , exceptions may be made to the individual ' s right to remain on the territory of a member state after a subsequent application is rejected as inadmissible or unfounded , or in the case of a second or further subsequent applications , as soon as an application is made in any member states following a final decision which had rejected a previous subsequent application as inadmissible , unfounded or manifestly unfounded . ### where an applicant makes a subsequent application without presenting new evidence or findings which significantly increase his or her likelihood of qualifying as a beneficiary of international protection or which relate to the reasons for which the previous application was rejected as inadmissible , that subsequent application should not be subject to a new full examination procedure . in those cases , following a preliminary examination , applications should be dismissed as inadmissible or as manifestly unfounded where the application is so clearly without substance or abusive that it has no tangible prospect of success , in accordance with the res judicata principle . the preliminary examination shall be carried out on the basis of written submissions and a personal interview however the personal interview may be dispensed with in those instances where , from the written submissions , it is clear that the application does not give rise to relevant new elements or findings or that it is clearly without substance and has no tangible prospect of success .


### where an applicant does not lodge an application on behalf of his or her dependent adult as referred to in paragraph 1 within the ten working days referred to in article 28 , the determining authority shall lodge an application on behalf of that dependent adult if , on the basis of an individual assessment of his or her personal situation , it is of the opinion that the dependent adult may need international protection . ### where an applicant does not lodge an application on behalf of his or her dependent adult as referred to in paragraph 1 within the ten working days referred to in article 28 , the determining authority shall lodge an application on behalf of and with the consent of that dependent adult if , on the basis of an individual assessment of his or her personal situation , it is of the opinion that the dependent adult may need international protection .


### as long as an applicant can show good cause , the lack of documents on entry or the use of forged documents should not per se entail an automatic recourse to an accelerated examination procedure or a border procedure . ### as long as an applicant can demonstrate a satisfactory explanation as to the lack of documents on entry should not per se entail an automatic recourse to an accelerated examination procedure or a border procedure .


### 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 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 .


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


### the examination of an application should be accelerated and completed within a maximum of two months in those instances where an application is manifestly unfounded because it is an abusive claim , including where an applicant comes from a safe country of origin or an applicant is making an application merely to delay or frustrate the enforcement of a removal decision , or where there are serious national security or public concerns , where the applicant does not apply for international protection in the first member state of entry or in the member state of legal residence or where an applicant whose application is under examination and who made an application in another member state or who is on the territory of another member state without a residence document is taken back under the dublin regulation . in the latter case , the examination of the application should not be accelerated if the applicant is able to provide substantiated justifications for having left to another member state without authorisation , for having made an application in another member state or for having otherwise been unavailable to the competent authorities , such as for instance that he or she was not informed adequately and in a timely manner of his or her obligations . furthermore , an accelerated examination procedure may be applied to unaccompanied minors only within the limited circumstances set out in this regulation . ### the examination of an application should be accelerated and completed within a maximum of two months in those instances where an application is manifestly unfounded because it is an abusive claim , including where an applicant comes from a safe country of origin or an applicant is making an application merely to delay or frustrate the enforcement of a removal decision , or where there are national security or public concerns , where the applicant does not apply for international protection in the first member state of entry or in the member state of legal residence or where an applicant whose application is under examination and who made an application in another member state or who is on the territory of another member state without a residence document is taken back under the dublin regulation .


### the responsible authorities shall store each set of data referred to in paragraph 1 and any other relevant data collected under paragraph 2 , for ten years from the date of a final decision . the data shall be erased upon expiry of that period or where it is related to a person who has acquired citizenship of any member state before expiry of that period as soon as the member state becomes aware that the person concerned has acquired such citizenship . ### the responsible authorities shall store each set of data referred to in paragraph 1 and any other relevant data collected under paragraph 2 , for ten years from the date of a final decision . the data shall be erased upon expiry of that period .


### the person conducting the interview shall be competent to take account of the personal and general circumstances surrounding the application , including the applicant’s cultural origin , age , gender , sexual orientation , gender identity and vulnerability . personnel interviewing applicants shall also have acquired general knowledge of problems which could adversely affect the applicant ' s ability to be interviewed , such as indications that the person may have been tortured in the past . ### the person conducting the interview shall be competent to take account of the personal and general circumstances surrounding the application . personnel interviewing applicants shall also have acquired general knowledge of problems which could adversely affect the applicant ' s ability to be interviewed , such as indications that the person may have been tortured in the past .


### 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 .


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


### 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 .


### the assessment of whether a third country may be designated as a safe country of origin in accordance with this regulation shall be based on a range of sources of information , including in particular information from member states , the european union agency for asylum , the european external action service , the united nations high commissioner for refugees , the council of europe as well as other relevant organisations , and shall take into account the common analysis of the country of origin information referred to in article 10 of regulation no xxx / xxx . ### the assessment of whether a third country may be designated as a safe country of origin in accordance with this regulation shall be based on a range of sources of information , including in particular information from member states , the european union agency for asylum , the european external action service and shall take into account the common analysis of the country of origin information referred to in article 10 of regulation no xxx / xxx .


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


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


### with respect to the withdrawal of refugee or subsidiary protection status , and in particular in view of the regular status review to be carried out on the basis of regulation no xxx / xxx , member states should ensure that persons benefiting from international protection are duly informed of a possible reconsideration of their status and that they are given the opportunity to submit their point of view , within a reasonable time , by means of a written statement and in a personal interview , before the authorities can take a reasoned decision to withdraw their status . ### with respect to the withdrawal of refugee status , and in particular in view of the regular status review to be carried out on the basis of regulation no xxx / xxx , member states should ensure that persons benefiting from international protection are duly informed of a possible reconsideration of their status and that they are given the opportunity to submit their point of view , within a reasonable time , by means of a written statement and in a personal interview , before the authorities can take a reasoned decision to withdraw their status .


### 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 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 .


### 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 .


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


### in cases involving complex issues of fact or law , the time - limits set out in paragraph 1 may be prolonged by an additional three month - period . ### in cases involving complex issues of fact or law , the time - limits set out in paragraph 1 may be prolonged by an additional two month - period .


### applicants and their legal advisers or other counsellors shall have access to the report or the transcript and the recording before the determining authority takes a decision . ### applicants and their legal advisers shall have access to the report or the transcript and the recording before the determining authority takes a decision .


### the financial assistance of the union provided under the programme may not exceed 20% of the total cost of the action where it relates to prototyping . in all the other cases , the assistance may cover up to the total cost of the action . ### the financial assistance of the union provided under the programme shall not exceed 50% of the total cost of the action where it relates to prototyping as provided under point of article 6 . for all other actions provided under points and to of article 6 , the assistance shall not exceed 75% of the total cost of the action and 100% in case these actions are undertaken by smes .


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


### the 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 interim progress report by the end of the first year of implementation and an implementation report at the end of the programme . these reports should analyse the development of industrial expertise and defence capacity , as well as coherence with the foreign policy objectives of the union and its member states and the financial activities in terms of financial implementation results and where possible , impact . they should also analyse and promote the cross - border participation of smes and mid - caps in projects under the programme as well as their participation to the global value chain . the reports should also include information on the origin of beneficiaries .


### 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 , only entities established in the union and effectively controlled by member states or their nationals should be eligible for financial support . undertakings established outside the union should also be able to participate where they are established in a third country identified in the work programme . 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 third countries which are not identified in the work programme .


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


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


### in the european defence action plan , adopted on 30 november 2016 , the commission committed to complement , leverage and consolidate collaborative efforts by member states in developing defence capabilities to respond to security challenges , as well as to foster a competitive and innovative european defence industry . it proposed in particular to launch a european defence fund to support investment in joint research and the joint development of defence equipment and technologies . the fund would support cooperation during the whole cycle of defence product and technology development . ### in the european defence action plan , adopted on 30 november 2016 , the commission committed to complement , leverage and consolidate collaborative efforts by member states in developing defence capabilities to respond to security challenges , as well as to foster a competitive , innovative and balanced european defence industry . it proposed in particular to launch a european defence fund to support investment in joint research and the joint development of defence equipment and technologies . the fund would support cooperation during the whole cycle of defence product and technology development .


### the financial assistance of the union under the programme should not exceed 20% of the total eligible cost of the action when it relates to prototyping which is often the most costly action in the development phase . the totality of the eligible costs should however be covered for other actions in the development phase . ### the financial assistance of the union under the programme should not exceed 20% of the total eligible cost of the action when it relates to prototyping which is often the most costly action in the development phase . up to 50% of the total costs could be covered for other actions in the development phase .


### 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 .


### as the objective of the programme is to support the competitiveness of the union defence industry by de - risking the development phase of cooperative projects , actions related to the development of a defence product or technology , namely definition of common technical specifications , design , prototyping , testing , qualification , certification as well feasibility studies and other supporting measures , should be eligible to benefit from it . this will also apply to the upgrade of existing defence products and technologies . ### as the objective of the programme is to support the integration of the union defence industry by bearing some of the risk at the development phase of cooperative projects , actions related to the development of a defence product or technology , namely definition of common technical specifications , design , prototyping , testing , qualification , certification , feasibility studies and other supporting measures as well as actions aimed at converting military production lines into civilian production lines , should be eligible to benefit from it . this will also apply to the upgrade of existing defence products and technologies .


### the promotion of innovation and technological development in the union defence industry should take place in a manner coherent with the security interests of the union . accordingly , the action ' s contribution to those interests and to the defence capability priorities commonly agreed by member states should serve as an award criterion . within the union , common defence capability priorities are identified notably through the capability development plan . other union processes such as the coordinated annual review on defence and the permanent structured cooperation will support the implementation of relevant priorities through enhanced cooperation . where appropriate regional or international cooperative initiatives , such as in the nato context , and serving the union security and defence interest , may also be taken into account . ### the promotion of innovation and technological development in the defence industry in the member states should take place in a manner coherent with the security interests of the union as defined within the context of the common foreign and security policy and the common security and defence policy . it should also allow the maintenance and development of the skills and knowhow of the defence industry in the member states and contribute to strengthening the union ' s technological and industrial autonomy . accordingly , the action ' s contribution to those interests and to the defence capability priorities commonly agreed by member states should serve as an award criterion . within the union , common defence capability priorities are identified notably through the capability development plan . other union processes such as the coordinated annual review on defence and the permanent structured cooperation will support the implementation of relevant priorities through enhanced cooperation . member states ' pesco national implementation plans comprising of concrete actions should be coordinated with the programme . where appropriate regional or international cooperative capability initiatives , such as in the nato context , and serving the union security and defence interest , should also be taken into account and should not lead to duplicated efforts .


### 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 an evaluation report annually 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 .


### as the objective of the programme is to support the competitiveness of the union defence industry by de - risking the development phase of cooperative projects , actions related to the development of a defence product or technology , namely definition of common technical specifications , design , prototyping , testing , qualification , certification as well feasibility studies and other supporting measures , should be eligible to benefit from it . this will also apply to the upgrade of existing defence products and technologies . ### as the objective of the programme is to support the competitiveness of the union defence industry by de - risking the development phase of cooperative projects , actions related to the development of a defence product or technology , namely definition of common technical specifications , design , prototyping , testing , qualification , certification as well feasibility studies and other supporting measures , should be eligible to benefit from it . this will also apply to the upgrade of existing defence products and technologies . where relevant , the projects supported by the programme should benefit from the services and applications relying on european satellite navigation programmes and / or copernicus programme .


### 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 support , leverage and level the cross - border cooperation between undertakings , including promoting the participation of small and medium - sized enterprises as well as mid - caps and research centres , in the value chains of defence technologies or products while avoiding the duplication of industrial skills and crowding - out effects for national defence investments ; where appropriate , and taking into account that unnecessary duplication should be avoided , regional or international cooperative initiatives , such as those in the nato context , which serve the union security and defence interests , shall also be taken into account ;


### 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 . ### the commission shall draw up an annual monitoring report examining the efficiency and effectiveness of the supported actions in terms of financial implementation , results , costs and , where possible , impact . to support greater efficiency and effectiveness of future union policy actions , the commission shall draw up an evaluation report annually 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 .


### in order to ensure that the funded actions will contribute to the competitiveness of the european defence industry , they should be market - oriented and demand driven . therefore , the fact that member states have already committed to jointly produce and procure the final product or technology , possibly in a coordinated way , should be taken into account in the award criteria . ### in order to ensure that the funded actions will contribute to the competitiveness of the european defence industry , they should be market - oriented and demand driven . therefore , the fact that member states have already committed to jointly produce and procure the final product or technology , possibly in a coordinated way , should be taken into account in the award criteria . in all cases , the requirements of directive 2009 / 81 / ec of the european parliament and of the council1a should be respected in full , including the transparency and non - discrimination principles , and exceptions should be allowed within the strict framework of that directive . __________________ 1a directive 2009 / 81 / ec of the european parliament and of the council of 13 july 2009 on the coordination of procedures for the award of certain works contracts , supply contracts and service contracts by contracting authorities or entities in the fields of defence and security , and amending directives 2004 / 17 / ec and 2004 / 18 / ec .


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


### in order to contribute to the enhancement of the competitiveness and innovation capacity of the union ' s defence industry , a european defence industrial development programme should be established . the programme should aim at enhancing the competitiveness of the union ' s defence industry inter alia cyber defence by supporting the cooperation between undertakings in the development phase of defence products and technologies . the development phase , which follows the research and technology phase , entails significant risks and costs that hamper the further exploitation of the results of research and adversely impact the competitiveness of the union ' s defence industry . by supporting the development phase , the programme would contribute to a better exploitation of the results of defence research and it would help to cover the gap between research and production as well as to promote all forms of innovation . the programme should complement activities carried out in accordance with article 182 tfeu and it does not cover the production of defence products and technologies . ### in order to contribute to the enhancement of the competitiveness and innovation capacity of the union ' s defence industry and to consolidate the union’s strategic autonomy , a european defence industrial development programme should be established . the programme should aim at enhancing the competitiveness and performance of the union ' s defence industry , inter alia , the cyber defence industry , taking into account developments in the speed and sophistication of cyber - attacks , by supporting the cooperation between undertakings in the development phase of defence products and technologies . the development phase , which follows the research and technology phase , entails significant risks and costs that hamper the further exploitation of the results of research and adversely impact the competitiveness of the union ' s defence industry . by supporting the development phase , the programme would contribute to a better exploitation of the results of defence research and it would help to cover the gap between research and production as well as to promote all forms of innovation . the programme should complement activities carried out in accordance with article 182 tfeu and it does not cover the production of defence products and technologies .


### as the objective of the programme is to support the competitiveness of the union defence industry by de - risking the development phase of cooperative projects , actions related to the development of a defence product or technology , namely definition of common technical specifications , design , prototyping , testing , qualification , certification as well feasibility studies and other supporting measures , should be eligible to benefit from it . this will also apply to the upgrade of existing defence products and technologies . ### as the objective of the programme is to support the competitiveness of the union defence industry by bearing some of the risk at the development phase of cooperative projects , actions related to the development of a defence product or technology , namely definition of common technical specifications and standards , design , prototyping , testing , qualification , certification as well feasibility studies and other supporting measures , should be eligible to benefit from it .


### in view of the specificities of the sector , in practice no collaborative project between undertakings will be launched if the member states have not first agreed to support such projects . after having defined common defence capability priorities at union - level and also taking into account where appropriate collaborative initiatives on a regional basis , member states identify and consolidate military requirements and define the technical specifications of the project . they may also appoint a project manager in charge of leading the work related to the development of a collaborative project . ### in view of the specificities of the sector , in practice no collaborative project between undertakings will be launched if the member states have not first agreed to support such projects . after having defined common defence capability priorities in the context of the common security and defence policy and in the permanent structured cooperation at union - level and also taking into account where appropriate collaborative initiatives on a regional basis , member states identify and consolidate defencerequirements and define the technical specifications of the project .


### the design of a defence product , tangible or intangible component or technology as well as the technical specifications on which such design has been developed ; ### the design of a defence product , tangible or intangible component or technology as well as the technical specifications or standards on which such design has been developed ;


### 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 .


### in view of the specificities of the sector , in practice no collaborative project between undertakings will be launched if the member states have not first agreed to support such projects . after having defined common defence capability priorities at union - level and also taking into account where appropriate collaborative initiatives on a regional basis , member states identify and consolidate military requirements and define the technical specifications of the project . they may also appoint a project manager in charge of leading the work related to the development of a collaborative project . ### in view of the specificities of the sector , in practice no collaborative project between undertakings will be launched if the member states have not first agreed to support such projects . after having defined common defence capability priorities in the permanent structured cooperation at union - level and also taking into account where appropriate collaborative initiatives on a regional basis , member states identify and consolidate military requirements and define the technical specifications of the project .


### the financial assistance of the union provided under the programme may not exceed 20% of the total cost of the action where it relates to prototyping . in all the other cases , the assistance may cover up to the total cost of the action . ### the financial assistance of the union provided under the programme shall not exceed 50% of the total cost of the action where it relates to prototyping as provided under point of article 6 . for all other actions provided under points and to of article 6 , the assistance shall not exceed 75% of the total cost of the action and 100% in case these actions are undertaken by smes .


### the commission should establish a multiannual work programme in line with the objectives of the programme . the commission should be assisted in the establishment of the work programme by a committee of member states . in light of the union policy on small and medium enterprises as key to ensuring economic growth , innovation , job creation , and social integration in the union and the fact that the supported actions will typically require trans - national collaboration , it is of importance that the work programme will reflect and enable such cross - border participation of smes and that therefore a proportion of the overall budget will benefit such action . ### the commission should establish a two - year work programme in line with the objectives of the programme . the commission should be assisted in the establishment of the work programme by a committee of member states . in light of the union policy on small and medium enterprises as key to ensuring economic growth , innovation , job creation , and social integration in the union and the fact that the supported actions will typically require trans - national collaboration , it is of importance that the work programme will reflect and enable such cross - border participation of smes and that therefore a proportion of the overall budget will benefit such action .


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


### 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 interim progress report by the end of the first year of implementation and an implementation report at the end of the programme . these reports should analyse the development of industrial expertise and defence capacity , as well as coherence with the foreign policy objectives of the union and its member states and the financial activities in terms of financial implementation results and where possible , impact . they should also analyse and promote the cross - border participation of smes and mid - caps in projects under the programme as well as their participation to the global value chain . the reports should also include information on the origin of beneficiaries .


### the commission should establish a multiannual work programme in line with the objectives of the programme . the commission should be assisted in the establishment of the work programme by a committee of member states . in light of the union policy on small and medium enterprises as key to ensuring economic growth , innovation , job creation , and social integration in the union and the fact that the supported actions will typically require trans - national collaboration , it is of importance that the work programme will reflect and enable such cross - border participation of smes and that therefore a proportion of the overall budget will benefit such action . ### the commission should establish a multiannual work programme in line with the objectives of the programme . the commission should be assisted in the establishment of the work programme by a committee of member states , as close cooperation between governments as well as industries and r&t organisations from different member states is crucial for the success of the programme . in light of the union policy on small and medium enterprises as key to ensuring economic growth , innovation , job creation , and social integration in the union and the fact that the supported actions will typically require trans - national collaboration , it is of importance that the work programme will reflect and enable such cross - border participation of smes and that therefore a proportion of the overall budget will benefit such action . this proportion of the overall budget should also include middle capitalisation companies , which , for the purpose of this regulation and without prejudice to post - 2020 decisions , should be understood as entities having a number of employees up to 3000 , where the staff headcount is calculated in accordance with articles 3 - 6 of title i of the annex to the commission recommendation 2003 / 361 / ec and which are not smes . however , the inclusion of middle capitalisation companies to this proportion of the overall budget should be without prejudice to the financial support granted to smes .


### the commission shall be assisted by a committee . that committee shall be a committee within the meaning of regulation no 182 / 2011 . the european defence agency shall be invited as observer . ### the commission shall be assisted by a committee . that committee shall be a committee within the meaning of regulation no 182 / 2011 . the european defence agency and the european parliament shall be invited as observers .


### 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 an evaluation report annually 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 .


### 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 ;


### the programme shall provide support for actions by beneficiaries in the development phase covering both new and the upgrade of existing products and technologies , in relation to : ### the programme shall identify and provide support for actions by beneficiaries in the development phase covering new products and technologies or the substantial development of existing products and technologies , in relation to :


### contribution to the security and defence interests of the union by enhancing defence technologies which contribute to implement defence capability priorities commonly agreed by member states within the union ; and , ### contribution to the security and defence interests of the union and commitments undertaken in the context of nato cooperation by enhancing defence technologies which contribute to implement defence capability priorities commonly agreed by member states within the union ; and ,


### as the objective of the programme is to support the competitiveness of the union defence industry by de - risking the development phase of cooperative projects , actions related to the development of a defence product or technology , namely definition of common technical specifications , design , prototyping , testing , qualification , certification as well feasibility studies and other supporting measures , should be eligible to benefit from it . this will also apply to the upgrade of existing defence products and technologies . ### as the objective of the programme is to support the competitiveness and integration of the union defence industry and the member state cooperation by bearing some of the risk of the development phase of cooperative projects , actions related to the development of a defence product or technology , namely definition of common technical specifications and standards , design , prototyping , testing , qualification , certification as well feasibility studies and other supporting measures , should be eligible to benefit from it . this should also apply to the substantial development of existing defence products and technologies .


### 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 .


### 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 .


### 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 under the treaty on the functioning of the european union apply to data 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 .


### 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 minimum information requirements to ensure that professional users are provided with sufficiently detailed , clear and transparent information before a contract for data processing is concluded , regarding the processes , technical requirements , timeframes and charges that apply in the event that a professional user wants to switch to another provider or port data back to its own it systems ; and clear guarantees for accessing data in the event of the bankruptcy of the provider


### 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 practises , including in the field of public procurement , of the member states , imposed by local , central or regional governments or by public entities , which requires the location of processing in the territory of a specific member state or hinders storage or other processing of data in any other member state ;


### ' data storage ' means any storage of data in electronic format ; ### ' processing ' means any operation or set of operations which is performed on data or on sets of data in electronic format , whether or not by automated means , such as collection , recording , organisation , structuring , storage , adaptation or alteration , retrieval , consultation , use , disclosure by transmission , dissemination or otherwise making available , alignment or combination , restriction , erasure or destruction ;


### location of data for storage or other processing within the union shall not be restricted to the territory of a specific member state , and storage or other processing in any other member state shall not be prohibited or restricted , unless it is justified on grounds of public security . ### data localisation requirements shall be prohibited , unless they are justified by a documented and serious threat to public security and constitute adequate and proportionate measures .


### 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 ### minimum information requirements to ensure that professional users are provided with sufficiently detailed , clear and transparent information before a contract for data processing is concluded , regarding 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


### 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


### no later than [ 5 years after the date mentioned in article 10 ] , the commission shall carry out a review of this regulation and present a report on the main findings to the european parliament , the council and the european economic and social committee . ### no later than 3 years after the publication of this regulation , the commission shall submit a report on the main findings to the european parliament , the council and the european economic and social committee , evaluating the implementation of this regulation .


### 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 .


### no later than [ 5 years after the date mentioned in article 10 ] , the commission shall carry out a review of this regulation and present a report on the main findings to the european parliament , the council and the european economic and social committee . ### no later than 3 years after the date of publication of this regulation , the commission shall submit a report on the main findings to the european parliament , the council and the european economic and social committee evaluating the implementation of this regulation , in particular in respect of :


### ' competent authority ' means an authority of a member state that has the power to obtain access to data stored or processed by a natural or legal person for the performance of its official duties , as provided for by national or union law ; ### ' competent authority ' means an authority of a member state that has the power to obtain access to data processed by a natural or legal person for the performance of its official duties , as provided for by national or union law ;


### ‘ 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 .


### 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 .


### 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 .


### 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 .


### ‘ provider’ means a natural or legal person who provides data storage or other processing services ; ### ‘ provider’ means a natural or legal person who provides data processing services ;