### different arrangements , based on the implementation of the exception provided for in directive 2001 / 29 / ec or on licensing agreements covering further uses , are in place in a number of member states in order to facilitate educational uses of works and other subject - matter . such arrangements have usually been developed taking account of the needs of educational establishments and different levels of education . whereas it is essential to harmonise the scope of the new mandatory exception or limitation in relation to digital uses and cross - border teaching activities , the modalities of implementation may differ from a member state to another , to the extent they do not hamper the effective application of the exception or limitation or cross - border uses . this should allow member states to build on the existing arrangements concluded at national level . in particular , member states could decide to subject the application of the exception or limitation , fully or partially , to the availability of adequate licences , covering at least the same uses as those allowed under the exception . this mechanism would , for example , allow giving precedence to licences for materials which are primarily intended for the educational market . in order to avoid that such mechanism results in legal uncertainty or administrative burden for educational establishments , member states adopting this approach should take concrete measures to ensure that licensing schemes allowing digital uses of works or other subject - matter for the purpose of illustration for teaching are easily available and that educational establishments are aware of the existence of such licensing schemes . ### different arrangements , based on the implementation of the exception provided for in directive 2001 / 29 / ec or on licensing agreements covering further uses , are in place in a number of member states in order to facilitate educational uses of works and other subject - matter . such arrangements have usually been developed taking account of the needs of educational establishments and different levels of education . whereas it is essential to harmonise the scope of the new mandatory exception in relation to all uses and cross - border teaching activities , scientific research and private study , the modalities of implementation may differ from a member state to another , to the extent they do not hamper in any way the effective application of the exception or cross - border uses .


### rapid technological developments continue to transform the way works and other subject - matter are created , produced , distributed and exploited . new business models and new actors continue to emerge . the objectives and the principles laid down by the union copyright framework remain sound . however , legal uncertainty remains , for both rightholders and users , as regards certain uses , including cross - border uses , of works and other subject - matter in the digital environment . as set out in the communication of the commission entitled ‘ towards a modern , more european copyright framework’26 , in some areas it is necessary to adapt and supplement the current union copyright framework . this directive provides for rules to adapt certain exceptions and limitations to digital and cross - border environments , as well as measures to facilitate certain licensing practices as regards the dissemination of out - of - commerce works and the online availability of audiovisual works on video - on - demand platforms with a view to ensuring wider access to content . in order to achieve a well - functioning marketplace for copyright , there should also be rules on rights in publications , on the use of works and other subject - matter by online service providers storing and giving access to user uploaded content and on the transparency of authors ' and performers ' contracts . _________________ 26 com 626 final . ### rapid technological developments continue to transform the way works and other subject - matter are created , produced , distributed and exploited . new business models and new actors continue to emerge , changing tremendously the market , helping to stimulate competition with established players and fostering creativity . the objectives and the principles laid down by the union copyright framework need to be updated and adapted in order to increase access to and dissemination of creative content . thus , legal uncertainty remains , for both rightholders and users , as regards certain uses , including cross - border uses , of works and other subject - matter in the digital environment . as set out in the communication of the commission entitled ‘ towards a modern , more european copyright framework’26 , in some areas it is necessary to adapt and supplement the current union copyright framework . this directive provides for rules to adapt certain exceptions and limitations to digital and cross - border environments , as well as the dissemination of out - of - commerce works , and the online availability of audiovisual works on video - on - demand platforms with a view to ensuring wider access to content . in order to achieve a well - functioning and fair marketplace for copyright , there should also be rules on the transparency of authors ' and performers ' contracts . _________________ 26 com 626 final .


### article 5 of directive 2001 / 29 / ec allows member states to introduce an exception or limitation to the rights of reproduction , communication to the public and making available to the public for the sole purpose of , among others , illustration for teaching . in addition , articles 6 and 9 of directive 96 / 9 / ec permit the use of a database and the extraction or re - utilization of a substantial part of its contents for the purpose of illustration for teaching . the scope of those exceptions or limitations as they apply to digital uses is unclear . in addition , there is a lack of clarity as to whether those exceptions or limitations would apply where teaching is provided online and thereby at a distance . moreover , the existing framework does not provide for a cross - border effect . this situation may hamper the development of digitally - supported teaching activities and distance learning . therefore , the introduction of a new mandatory exception or limitation is necessary to ensure that educational establishments benefit from full legal certainty when using works or other subject - matter in digital teaching activities , including online and across borders . ### article 5 of directive 2001 / 29 / ec allows member states to introduce an exception or limitation to the rights of reproduction , communication to the public and making available to the public for the purpose of illustration for teaching or scientific research . in addition , articles 6 and 9 of directive 96 / 9 / ec permit the use of a database and the extraction or re - utilization of a substantial part of its contents for the purpose of illustration for teaching . the scope of those exceptions or limitations as they apply to digital uses is unclear . in addition , there is a lack of clarity as to whether those exceptions or limitations would apply where teaching is provided online and thereby at a distance . moreover , the existing framework does not provide for a cross - border effect , nor allow the application of such exceptions or limitations for private study purposes . this situation may hamper the development of digitally - supported teaching activities and distance learning , scientific research and private study . therefore , the introduction of a new mandatory exception is necessary to ensure full legal certainty when using works or other subject - matter in all teaching activities , scientific research and private study , including digitally , online and across borders .


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


### 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 .


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


### 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 .


### the estimated indirect land - use change emissions should be included in the reporting by the commission of greenhouse gas emissions from biofuels under directives 98 / 70 / ec and 2009 / 28 / ec . biofuels made from feedstocks that do not lead to additional demand for land , such as those from waste feedstocks , should be assigned a zero emissions factor . ### the estimated indirect land - use change emissions should be counted towards the target in article 7a of directive 98 / 70 / ec in order to provide incentives for the biofuels with low indirect land - use change impacts and to ensure the accuracy and credibility of the reduction target for life cycle greenhouse gas emissions . those emissions should also be included in the reporting by the commission of greenhouse gas emissions from biofuels under directives 98 / 70 / ec and 2009 / 28 / ec . in order to make sure that union targets for greenhouse gas emission savings from the use of biofuels and bioliquids are meaningful and effectively met , indirect land - use change emissions should be taken into account when calculating the greenhouse gas emission savings required under the sustainability criteria set out in directives 98 / 70 / ec and 2009 / 28 / ec . biofuels made from feedstocks that do not lead to additional demand for land , such as those from waste feedstocks , should be assigned a zero emissions factor .


### where the adult responsible for the accompanied minor does not lodge an application on behalf of the minor within the ten working days provided for in article 28 , the minor shall be informed of the possibility to lodge his or her application in his or her own name and given an opportunity to do so within a further ten working - day period starting from the expiry of the first ten working - day period if he or she has the legal capacity to act in procedures according to the national law of the member state concerned . where the minor does not lodge his or her application in his or her own name within these further ten working days , the application shall be rejected as abandoned in accordance with the procedure referred to in article 39 . ### where the adult responsible for the accompanied minor does not lodge an application on behalf of the minor within the 15 working days provided for in article 28 , the minor shall be informed of the possibility to lodge his or her application in his or her own name and given an opportunity to do so within a further 15 working - day period starting from the expiry of the first 15 working - day period if he or she has the legal capacity to act in procedures according to the national law of the member state concerned . where the minor does not lodge his or her application in his or her own name within these further 15 working days , the authority with responsibility under article 5 shall lodge an application on behalf of the minor if , on the basis of an individual assessment of his or her personal situation , it is of the opinion that the minor may need international protection .


### ' subsequent application ' means a further application for international protection made in any member state after a final decision has been taken on a previous application including cases where the application has been rejected as explicitly withdrawn or as abandoned following its implicit withdrawal ; ### ' subsequent application ' means a further application for international protection made in any member state after a final decision has been taken and based on the same elements that have already been evaluated in the previous application and in the event of an application having been explicitly withdrawn ;


### 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 may request total or partial reimbursement of any costs made where the decision to make such costs was taken on the basis of false information supplied by the applicant .


### a third country shall be designated as a safe third country provided that : ### a third country may be designated as a safe third country provided that :


### the authority responsible for receiving and registering applications for international protection shall inform the applicant that after the decision is taken on the application he or she may bring forward only new elements which are relevant for the examination of his or her application and which he or she could not have been aware of at an earlier stage or which relate to changes to his or her situation . ### the authority responsible for receiving and registering applications for international protection shall inform the applicant that after the decision is taken on the application he or she may bring forward only new elements which are relevant for the examination of his or her application or which relate to changes to his or her situation .


### 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 , including the general conditions in the country of origin , 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 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 determining authority or any other authority or experts assisting it or conducting the personal interview shall make a thorough and factual report containing all substantive elements or a transcript of every personal interview . ### the determining authority or any other authority or experts assisting it or conducting the personal interview shall make a report containing all substantive elements of every personal interview .


### where an applicant refuses to cooperate by not providing the details necessary for the examination of the application and by not providing his or her fingerprints and facial image , and the responsible authorities have properly informed that person of his or her obligations and has ensured that that person has had an effective opportunity to comply with those obligations , his or her application shall be rejected as abandoned in accordance with the procedure referred to in article 39 . ### where an applicant refuses to cooperate by not providing the details referred to in the points and of the first paragraph of article 27 , and by not providing his or her fingerprints and facial image , and the responsible authorities have properly informed that person of his or her obligations and the consequences deriving from those obligations and has ensured that that person has had an effective opportunity to comply with those obligations , his or her application may be rejected as abandoned in accordance with the procedure referred to in article 39 . any use of force in collecting fingerprints or facial images shall be prohibited and penalised .


### the possibility exists to receive protection in accordance with the substantive standards of the geneva convention or sufficient protection as referred to in article 44 , as appropriate . ### the possibility exists to request international protection and , if recognised as a refugee , to receive protection in accordance with the geneva convention without any geographical restriction .


### 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 15 working days referred to in article 28 , the authority with responsibility under article 5 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 either explicitly withdraws his or her application of his or her own motion , or does not comply with the obligations arising from this regulation , regulation no xxx / xxx or directive xxx / xxx / eu thereby implicitly withdraws his or her application , the application should not be further examined and it should be rejected as explicitly withdrawn or abandoned , and any application in the member states by the same applicant further after that decision should be considered to be a subsequent application . however , the implicit withdrawal should not be automatic but the applicant should be allowed the opportunity to report to the determining authority and demonstrate that the failure to comply with those obligations was due to circumstances beyond his control . ### where an applicant explicitly withdraws his or her application of his or her own motion the application should not be further examined and it should be rejected as explicitly withdrawn or abandoned .


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


### the concept of safe third country should be applied as a ground for inadmissibility where the applicant , due to a connection to the third country including one through which he or she has transited , can reasonably be expected to seek protection in that country , and there are grounds for considering that the applicant will be admitted or readmitted to that country . member states should proceed on that basis only where they are satisfied including , where necessary or appropriate , based on assurances obtained from the third country concerned , that the applicant will have the possibility to receive protection in accordance with the substantive standards of the geneva convention or will enjoy sufficient protection , particularly as regards the right of legal residence , appropriate access to the labour market , reception facilities , healthcare and education , and the right to family reunification in accordance with international human rights standards . ### member states may apply the concept of safe third country as a ground for inadmissibility where the applicant , due to a connection to the third country , can reasonably be expected to seek protection in that country , and there are grounds for considering that the applicant will be admitted or readmitted to that country . such a link may not be assumed from the mere fact that the applicant has transited through the country concerned . member states should proceed on that basis only where they are satisfied that the applicant will have the possibility to receive protection in accordance with the geneva convention of 1951 . the concept of ‘ safe third country’ may only be applied to countries which have ratified and applied the geneva convention without any territorial restrictions .


### the establishment of an eu common list of safe countries of origin and an eu common list for safe third countries should address some of the existing divergences between member states’ national lists of safe countries . while member states should retain the right to apply or introduce legislation that allows for the national designation of third countries other than those designated as safe third countries at union level or appearing on the eu common list as safe countries of origin , the establishment of such common designation or list should ensure that the concept is applied by all member states in a uniform manner in relation to applicants whose countries of origin are on the common list or who have a connection with a safe third country . this should facilitate convergence in the application of procedures and thereby also deter secondary movements of applicants for international protection . for that reason , the possibility of using national lists or designations should come to an end within a period of five years from entry into force of this regulation . ### the establishment of an eu common list of safe countries of origin and the definitive abolition of national lists of safe countries of origin shall guarantee that the concept is applied by all member states in a uniform manner in relation to applicants whose countries of origin are on the common list and is bound to lead to the full convergence of asylum procedures in the eu if the procedural stages and time limits are harmonised , particularly for accelerated procedures . for that reason , the possibility of using national lists or designations should come to an end within a period of three years from entry into force of this regulation .


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


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


### in the case of an unaccompanied minor , the ten working - day period for the lodging the application provided for in article 28 shall only start to run from the moment a guardian of the unaccompanied minor is appointed and has met with him or her . where his or her guardian does not lodge an application on behalf of the unaccompanied minor within those ten working days , the determining authority shall lodge an application on behalf of the unaccompanied minor if , on the basis of an individual assessment of his or her personal situation , it is of the opinion that the minor may need international protection . ### in the case of an unaccompanied minor , the 15 working - day period for the lodging the application provided for in article 28 shall only start to run from the moment a guardian of the unaccompanied minor is appointed and has met with him or her . where his or her guardian does not lodge an application on behalf of the unaccompanied minor within those 15 working days , the authority with responsibility under article 5 shall lodge an application on behalf of the unaccompanied minor if , on the basis of an individual assessment of his or her personal situation , it is of the opinion that the minor may need international protection .


### the concept of first country of asylum should be applied as a ground for inadmissibility where it can reasonably be assumed that another country would grant protection in accordance with the substantive standards of the geneva convention or the applicant would be provided sufficient protection in that country . in particular , the member states should not examine the merits of an application where a first country of asylum has granted the applicant refugee status or otherwise sufficient protection . member states should proceed on that basis only where they are satisfied including , where necessary or appropriate , based on assurances obtained from the third country concerned , that the applicant has enjoyed and will continue to enjoy protection in that country in accordance with the geneva convention or has otherwise enjoyed and will continue to enjoy sufficient protection , particularly as regards the right of legal residence , appropriate access to the labour market , reception facilities , healthcare and education , and the right to family reunification in accordance with international human rights standards . ### member states may apply the concept of first country of asylum as a ground for inadmissibility where it can reasonably be assumed that another country would grant protection in accordance with the geneva convention of 1951 . in particular , the member states may decide not to examine the merits of an application where a first country of asylum has granted the applicant refugee status . member states should proceed on that basis only where they are satisfied including , where necessary or appropriate , based on assurances obtained from the third country concerned , that the applicant has enjoyed and will continue to enjoy protection in that country in accordance with the geneva convention , particularly as regards the right of legal residence , appropriate access to the labour market , reception facilities , healthcare and education , and the right to family reunification in accordance with international human rights standards .


### the applicant shall be given the opportunity to make comments or provide clarification orally or in writing with regard to any incorrect translations or misunderstandings appearing in the report or in the transcript , at the end of the personal interview or within a specified time limit before the determining authority takes a decision . to that end , the applicant shall be informed of the entire content of the report or of the substantive elements of the transcript , with the assistance of an interpreter , where necessary . the applicant shall then be requested to confirm that the content of the report or the transcript correctly reflects the personal interview . ### the applicant shall be given the opportunity to make comments or provide clarification orally or in writing with regard to any incorrect translations or misunderstandings appearing in the report , at the end of the personal interview or within a specified time limit before the determining authority takes a decision . to that end , the applicant shall be informed of the entire content of the report , with the assistance of an interpreter , where necessary . the applicant shall then be requested to confirm that the content of the report correctly reflects the personal interview and shall be given the opportunity to add to and correct it , and to check that the additions and / or corrections have been made to the report of the interview .


### where the conditions for initiating a new procedure as set out in paragraph 4 are not met , the determining authority shall reject the application as inadmissible , or as manifestly unfounded where the application is so clearly without substance or abusive that it has no tangible prospect of success . ### where the conditions for initiating a new procedure as set out in paragraph 4 are not met , the determining authority shall reject the application as inadmissible .


### a subsequent application shall be subject to a preliminary examination in which the determining authority shall establish whether relevant new elements or findings have arisen or have been presented by the applicant which significantly increase the likelihood of the applicant qualifying as a beneficiary of international protection by virtue of regulation no xxx / xxx or which relate to the reasons for which the previous application was rejected as inadmissible . ### a subsequent application shall be subject to a preliminary examination in which the determining authority shall establish whether relevant new elements or findings , or elements or findings which relate to the reasons for which the previous application was rejected as inadmissible , have arisen or have been presented by the applicant .


### an interpreter who is able to ensure appropriate communication between the applicant and the person conducting the interview shall be provided for the personal interview . the communication shall take place in the language preferred by the applicant unless there is another language which he or she understands and in which he or she is able to communicate clearly . ### an interpreter and a cultural mediator , if necessary and where possible , who are able to ensure appropriate communication between the applicant and the person conducting the interview shall be provided for the personal interview . interpreters and mediators must have already received specific training as referred to in article 7 of regulation xxx / xxx including the elements listed in paragraph 6 of this article . the communication shall take place in the language preferred by the applicant unless there is another language which he or she understands and in which he or she is able to communicate clearly . where requested by the applicant , the determining authority shall ensure that the interviewers , interpreters and mediators are of the same sex as the applicant provided that this is possible and the determining authority does not have reasons to believe that such a request is based on grounds which are not related to difficulties on the part of the applicant to present the grounds of his or her application in a comprehensive manner .


### suspension and removal of the designation of a third country as a safe third country at union level or from the eu common list of safe country of origin ### suspension and removal from the eu common list of safe countries of origin


### an application for international protection shall be made when a third - country national or stateless person expresses a wish for international protection to officials of the determining authority or other authorities referred to in article 5 or . ### an application for international protection shall be made when a third - country national or stateless person expresses a wish for international protection to officials of the responsible authorities referred to in article 5 .


### in the substantive interview , the applicant shall be given an adequate opportunity to present the elements needed to substantiate his or her application in accordance with regulation no xxx / xxx , and he or she shall provide all the elements at his or her disposal as completely as possible . the applicant shall be given the opportunity to provide an explanation regarding elements which may be missing or any inconsistencies or contradictions in the applicant’s statements . ### in the substantive interview , the applicant shall be given the opportunity to present the elements needed to substantiate his or her application in accordance with regulation no xxx / xxx , and he or she shall provide all the elements at his or her disposal as completely as possible . the applicant shall be given the opportunity to provide an explanation regarding elements which may be missing or any inconsistencies or contradictions in the applicant’s statements .


### in order to guarantee the rights of the applicants , decisions on all applications for international protection should be taken on the basis of the facts , objectively , impartially and on an individual basis after a thorough examination which takes into account all the elements provided by the applicant and the individual circumstances of the applicant . to ensure a rigorous examination of an application , the determining authority should take into account relevant , accurate and up - to - date information relating to the situation in the country of origin of the applicant obtained from the european union agency for asylum and other sources such as the united nations high commissioner for refugees . the determining authority should also take into account any relevant common analysis of country of origin information developed by the european union agency for asylum . any postponement of concluding the procedure should fully comply with the obligations of the member states under regulation no xxx / xxx and with the right to good administration , without prejudice to the efficiency and fairness of the procedure under this regulation . ### in order to guarantee the rights of the applicants , decisions on all applications for international protection should be taken on the basis of the facts , objectively , impartially and on an individual basis after a thorough examination which takes into account all the elements provided by the applicant and the individual circumstances of the applicant . to ensure a rigorous examination of an application , the determining authority should take into account relevant , accurate and up - to - date information relating to the situation in the country of origin of the applicant obtained from the european union agency for asylum and other sources such as the united nations high commissioner for refugees and other governmental and non - governmental organisations . the determining authority should also take into account any relevant common analysis of country of origin information developed by the european union agency for asylum . any postponement of concluding the procedure should fully comply with the obligations of the member states under regulation no xxx / xxx and with the right to good administration , without prejudice to the efficiency and fairness of the procedure under this regulation .


### the determining authority shall ensure that applicants and , where applicable , their guardians , legal advisers or other counsellors have access to the information referred to in article 33 required for the examination of applications and to the information provided by the experts referred to in article 33 , where the determining authority has taken that information into consideration for the purpose of taking a decision on their application . ### the determining authority shall ensure that applicants and , where applicable , their guardians , legal advisers or other counsellors have access to the information referred to in article 33 , and required for the examination of applications and to the information provided by the experts referred to in article 33 , where the determining authority has taken that information into consideration for the purpose of taking a decision on their application .


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


### where an applicant refuses to cooperate by not providing the details necessary for the examination of the application and by not providing his or her fingerprints and facial image , and the responsible authorities have properly informed that person of his or her obligations and has ensured that that person has had an effective opportunity to comply with those obligations , his or her application shall be rejected as abandoned in accordance with the procedure referred to in article 39 . ### where an applicant refuses to cooperate by not providing the details referred to in the points and of the first paragraph of article 27 , and by not providing his or her fingerprints and facial image , and the responsible authorities have properly informed that person of his or her obligations and the consequences deriving from those obligations and has ensured that that person has had an effective opportunity to comply with those obligations , his or her application may be rejected as abandoned in accordance with the procedure referred to in article 39 . any use of force in collecting fingerprints or facial images shall be prohibited and penalised .


### ' subsequent application ' means a further application for international protection made in any member state after a final decision has been taken on a previous application including cases where the application has been rejected as explicitly withdrawn or as abandoned following its implicit withdrawal ; ### ' subsequent application ' means a further application for international protection made in any member state after a final decision has been taken and based on the same elements that have already been evaluated in the previous application and in the event of an application having been explicitly withdrawn ;


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


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


### the 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 determining authority shall declare an unfounded application to be manifestly unfounded in the cases referred to in article 40 , , , and . ### the determining authority may declare an unfounded application to be manifestly unfounded in the cases referred to in article 40 .


### assistance in the preparation of the application and personal interview , including participation in the personal interview as necessary ; ### assistance in the preparation of the application and personal interview and participation in the personal interview ;


### 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 or other counsellors shall have access to the report and the recording before the determining authority takes a decision , including where the application is examined in accordance with the accelerated examination procedure .


### the applicant should be informed properly of his or her rights and obligations in a timely manner and in a language that he or she understands or is reasonably meant to understand . having regard to the fact that where , for instance , the applicant refuses to cooperate with the national authorities by not providing the elements necessary for the examination of the application and by not providing his or her fingerprints or facial image , or fails to lodge his or her application within the set time limit , the application could be rejected as abandoned , it is necessary that the applicant be informed of the consequences for not complying with those obligations . ### the applicant should be informed properly of his or her rights and obligations in a timely , concise and easily accessible manner , in clear and simple language , and in a language that he or she understands . it is necessary that the applicant be informed of the consequences for not complying with those obligations .


### in the event of arrivals involving a disproportionate number of third - country nationals or stateless persons lodging applications for international protection at the border or in a transit zone , making it difficult in practice to apply the provisions of paragraph 1 at such locations , the border procedure may also be applied at locations in proximity to the border or transit zone . ### in the event of arrivals involving a disproportionate number of third - country nationals or stateless persons lodging applications for international protection at the border or in a transit zone , making it difficult in practice to apply the provisions of paragraph 1 at such locations , the border procedure may also be applied at locations in proximity to the border or transit zone . the deadlines set out in paragraph 2 shall apply in these circumstances too .


### where an application is rejected as inadmissible , as unfounded with regard to refugee status or subsidiary protection status , as explicitly withdrawn or as abandoned , the reasons in fact and in law shall be stated in the decision . information on how to challenge a decision refusing to grant international protection shall be given in writing , unless otherwise already provided to the applicant . ### where an application is rejected as inadmissible , as unfounded with regard to refugee status or subsidiary protection status , as explicitly withdrawn or as abandoned , the reasons in fact and in law shall be stated in the decision . information on how to challenge a decision refusing to grant international protection , and the relevant deadlines , shall be given in writing .


### there is a connection between the applicant and the third country in question on the basis of which it would be reasonable for that person to go to that country , including because the applicant has transited through that third country which is geographically close to the country of origin of the applicant ; ### there is a connection between the applicant and the third country in question on the basis of which it would be reasonable for that person to go to that country ;


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


### the applicant shall lodge the application within ten working days from the date when the application is registered provided that he or she is given an effective opportunity to do so within that time - limit . ### the applicant shall lodge the application within 15 working days from the date when the application is registered provided that he or she is given an effective opportunity to do so within that time - limit .


### where the adult responsible for the accompanied minor does not lodge an application on behalf of the minor within the ten working days provided for in article 28 , the minor shall be informed of the possibility to lodge his or her application in his or her own name and given an opportunity to do so within a further ten working - day period starting from the expiry of the first ten working - day period if he or she has the legal capacity to act in procedures according to the national law of the member state concerned . where the minor does not lodge his or her application in his or her own name within these further ten working days , the application shall be rejected as abandoned in accordance with the procedure referred to in article 39 . ### where the adult responsible for the accompanied minor does not lodge an application on behalf of the minor within the 15 working days provided for in article 28 , the minor shall be informed of the possibility to lodge his or her application in his or her own name and given an opportunity to do so within a further 15 working - day period starting from the expiry of the first 15 working - day period if he or she has the legal capacity to act in procedures according to the national law of the member state concerned . where the minor does not lodge his or her application in his or her own name within these further 15 working days , the authority with responsibility under article 5 shall lodge an application on behalf of the minor if , on the basis of an individual assessment of his or her personal situation , it is of the opinion that the minor may need international protection .


### the responsible authorities shall not place a guardian in charge of a disproportionate number of unaccompanied minors at the same time , which would render him or her unable to perform his or her tasks effectively . ### the responsible authorities shall not place a guardian in charge of a disproportionate number of unaccompanied minors , and in any event no more than 20 , at the same time , which would render him or her unable to perform his or her tasks effectively .


### the personal interview shall be recorded using audio or audio - visual means of recording . the applicant shall be informed in advance of such recording . ### the personal interview shall be recorded using audio or audio - visual means of recording . the applicant shall be informed in advance of such recording and of the use that will be made of it . particular attention shall be paid to the requirements of applicants in need of special procedural guarantees .


### 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 or evidence or findings 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 very clearly without substance or abusive , 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 .


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


### the concept of first country of asylum should be applied as a ground for inadmissibility where it can reasonably be assumed that another country would grant protection in accordance with the substantive standards of the geneva convention or the applicant would be provided sufficient protection in that country . in particular , the member states should not examine the merits of an application where a first country of asylum has granted the applicant refugee status or otherwise sufficient protection . member states should proceed on that basis only where they are satisfied including , where necessary or appropriate , based on assurances obtained from the third country concerned , that the applicant has enjoyed and will continue to enjoy protection in that country in accordance with the geneva convention or has otherwise enjoyed and will continue to enjoy sufficient protection , particularly as regards the right of legal residence , appropriate access to the labour market , reception facilities , healthcare and education , and the right to family reunification in accordance with international human rights standards . ### member states may apply the concept of first country of asylum as a ground for inadmissibility where it can reasonably be assumed that another country would grant protection in accordance with the geneva convention of 1951 . in particular , the member states may decide not to examine the merits of an application where a first country of asylum has granted the applicant refugee status . member states should proceed on that basis only where they are satisfied including , where necessary or appropriate , based on assurances obtained from the third country concerned , that the applicant has enjoyed and will continue to enjoy protection in that country in accordance with the geneva convention , particularly as regards the right of legal residence , appropriate access to the labour market , reception facilities , healthcare and education , and the right to family reunification in accordance with international human rights standards .


### the applicant shall be given the opportunity to make comments or provide clarification orally or in writing with regard to any incorrect translations or misunderstandings appearing in the report or in the transcript , at the end of the personal interview or within a specified time limit before the determining authority takes a decision . to that end , the applicant shall be informed of the entire content of the report or of the substantive elements of the transcript , with the assistance of an interpreter , where necessary . the applicant shall then be requested to confirm that the content of the report or the transcript correctly reflects the personal interview . ### the applicant shall be given the opportunity to make comments or provide clarification orally or in writing with regard to any incorrect translations or misunderstandings appearing in the report , at the end of the personal interview or within a specified time limit before the determining authority takes a decision . to that end , the applicant shall be informed of the entire content of the report , with the assistance of an interpreter , where necessary . the applicant shall then be requested to confirm that the content of the report correctly reflects the personal interview and shall be given the opportunity to add to and correct it , and to check that the additions and / or corrections have been made to the report of the interview .


### ' determining authority ' means any quasi - judicial or administrative body in a member state responsible for examining applications for international protection competent to take decisions at first instance ; ### ' determining authority ' means any judicial or administrative body in a member state responsible for examining applications for international protection competent to take decisions at first instance ;


### an application for international protection shall be made when a third - country national or stateless person expresses a wish for international protection to officials of the determining authority or other authorities referred to in article 5 or . ### an application for international protection shall be made when a third - country national or stateless person expresses a wish for international protection to officials of the responsible authorities referred to in article 5 .


### where medical examinations are used to determine the age of unaccompanied minors , the determining authority shall ensure that unaccompanied minors are informed , prior to the examination of their application for international protection , and in a language that they understand or are reasonably meant to understand , of the possibility that their age be determined by medical examination . this shall include information on the method of examination and possible consequences which the result of the medical examination may have for the examination of the application , as well as on the possibility and consequences of a refusal on the part of the unaccompanied minor , or of his or her guardian , to undergo the medical examination . ### where medical examinations are used to determine the age of unaccompanied minors , the determining authority shall ensure that unaccompanied minors are informed , prior to the examination of their application for international protection , and in a language that they understand , of the possibility that their age be determined by medical examination . this shall include information on the method of examination and possible consequences which the result of the medical examination may have for the examination of the application , as well as on the possibility and consequences of a refusal on the part of the unaccompanied minor , or of his or her guardian , to undergo the medical examination . all documents relating to the medical examination shall be included in the applicant’s file .


### member states shall ensure that the personnel of the determining authority , or of any other authority responsible for receiving and registering applications for international protection in accordance with paragraph 3 , have the appropriate knowledge and are provided with the necessary training and instructions to fulfil their obligations when applying this regulation . ### member states shall ensure that the personnel of the authorities responsible in accordance with paragraphs 1 and 2 have the appropriate knowledge and have received the necessary training under article 7 of regulation xxx / xxx and instructions to fulfil their obligations when applying this regulation .


### the applicant has made clearly inconsistent and contradictory , clearly false or obviously improbable representations which contradict sufficiently verified country of origin information , thus making his or her claim clearly unconvincing in relation to whether he or she qualifies as a beneficiary of international protection by virtue of regulation no xxx / xxx ; ### the applicant has made clearly inconsistent and contradictory or clearly false representations which contradict sufficiently verified country of origin information , thus making his or her claim clearly unconvincing in relation to whether he or she qualifies as a beneficiary of international protection by virtue of regulation no xxx / xxx ;


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


### member states shall notify the commission and the european union agency for asylum of the third countries that are designated as safe third countries or safe countries of origin at national level immediately after such designation . member states shall inform the commission and the agency once a year of the other safe third countries to which the concept is applied on an ad hoc basis in relation to specific applicants . ### member states shall notify the commission and the european union agency for asylum of the third countries that are designated as safe countries of origin at national level immediately after such designation . member states shall inform the commission and the agency once a year of the other safe third countries to which the concept is applied on an ad hoc basis in relation to specific applicants .


### 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 15 working days referred to in article 28 , the authority with responsibility under article 5 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 .


### the determining authority shall inform applicants , in a language which they understand or are reasonably meant to understand , of the following : ### the responsible authority shall inform applicants , in a language which they understand , in a concise and easily accessible manner , using clear and simple language , of the following :


### the outcome of the decision of the determining authority , the reasons for that decision , as well as the consequence of a decision refusing to grant international protection and the manner in which to challenge such a decision . ### the outcome of the decision of the determining authority , the reasons for that decision and all the elements taken into consideration for the purposes of the decision , as well as the consequence of a decision refusing to grant international protection and the manner in which to challenge such a decision .


### where simultaneous applications for international protection by a disproportionate number of third - country nationals or stateless persons make it difficult in practice to register applications within three working days from when the application is made , the authorities of the member state may extend that time - limit to ten working days . ### where simultaneous applications for international protection by a disproportionate number of third - country nationals or stateless persons make it difficult in practice to register applications within three working days from when the application is made , the authorities of the member state may extend that time - limit to seven working days .


### for a period of five years from entry into force of this regulation , member states may retain or introduce legislation that allows for the national designation of safe third countries or safe countries of origin other than those designated at union level or which are on the eu common list in annex 1 for the purposes of examining applications for international protection . ### for a period of three years from entry into force of this regulation , member states may retain or introduce legislation that allows for the national designation of safe countries of origin other than those designated at union level or which are on the eu common list in annex 1 for the purposes of examining applications for international protection .


### the applicant should be provided with an effective opportunity to present all relevant elements at his or her disposal to the determining authority . for this reason , the applicant should , subject to limited exceptions , enjoy the right to be heard through a personal interview on the admissibility or on merits of his or her application , as appropriate . for the right to a personal interview to be effective , the applicant should be assisted by an interpreter and be given the opportunity to provide his or explanations concerning the grounds for his or her application in a comprehensive manner . the applicant should be given sufficient time to prepare and consult with his or her legal adviser or counsellor , and he or she may be assisted by the legal adviser or counsellor during the interview . the personal interview should be conducted under conditions which ensure appropriate confidentiality and by adequately trained and competent personnel , including where necessary , personnel from authorities of other member states or experts deployed by the european union agency for asylum . the personal interview may only be omitted when the determining authority is to take a positive decision on the application or is of the opinion that the applicant is unfit or unable to be interviewed owing to enduring circumstance beyond his or her control . given that the personal interview is an essential part of the examination of the application , the interview should be recorded and the applicants and their legal advisers should be given access to the recording , as well as to the report or transcript of the interview before the determining authority takes a decision , or in the case of an accelerated examination procedure , at the same time as the decision is made . ### the applicant should be provided with an effective opportunity to present all relevant elements at his or her disposal to the determining authority . for this reason , the applicant should , subject to limited exceptions , enjoy the right to be heard through a personal interview on the admissibility or on merits of his or her application , as appropriate . for the right to a personal interview to be effective , the applicant should be assisted by an interpreter and by a cultural mediator , where possible and necessary , and be given the opportunity to provide his or explanations concerning the grounds for his or her application in a comprehensive manner . the applicant should be given sufficient time to prepare and consult with his or her legal adviser or counsellor , and he or she may be assisted by the legal adviser or counsellor during the interview . the personal interview should be conducted under conditions which ensure appropriate confidentiality and by adequately trained and competent personnel , including where necessary , personnel from authorities of other member states or experts deployed by the european union agency for asylum . the personal interview may only be omitted when the determining authority is to take a positive decision on the application or is of the opinion that the applicant is unfit or unable to be interviewed owing to enduring circumstance beyond his or her control . given that the personal interview is an essential part of the examination of the application , the interview should be recorded and the applicants and their legal advisers should be given access to the recording , as well as to the report of the interview before the determining authority takes a decision . if the applicant is in need of special procedural guarantees in accordance with articles 19 to 22 , that applicant must have the opportunity to provide the specifications within a reasonable time after the personal interview .


### in case of sudden changes in the situation of a third country which is designated as a safe third country at union level or which is on the eu common list of safe countries of origin , the commission shall conduct a substantiated assessment of the fulfilment by that country of the conditions set in article 45 or article 47 and , if the commission considers that those conditions are no longer met , it shall adopt a delegated act suspending the designation of a third country as a safe third country at union level or suspending the presence of a third country from the eu common list of safe countries of origin for a period of six months . ### in case of sudden changes in the situation of a third country which is on the eu common list of safe countries of origin , the commission shall conduct a substantiated assessment of the fulfilment by that country of the conditions set in article 47 and , if the commission considers that those conditions are no longer met , it shall adopt a delegated act suspending the presence of a third country from the eu common list of safe countries of origin for a period of six months . as soon as possible and , in any event , before it adopts the delegated act , the commission shall inform the member states accordingly and shall recommend to them that they should not apply the concept of country of safe origin at national level to that third country .


### 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 , 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 .


### 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 .


### 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 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 four undertakings – preferably including two smes – based in at least four different member states , taking into consideration also the principle of geographical balance .


### 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 . 80 % of the eligible costs should however be covered for other actions in the development phase , without prejudice to financing for studies and accompanying measures , which may cover the total cost of the action .


### the work programme shall ensure that a credible proportion of the overall budget will benefit actions enabling the cross - border participation of smes . ### the work programme , whose objective is to promote european cooperation , shall ensure that a relevant proportion of at least 20 % of the overall budget is earmarked for specific actions enabling the cross - border participation of smes and / or mid - caps ; a specific category of projects dedicated to smes and / or mid - caps shall be established by the work programme .


### to support greater efficiency and effectiveness of future union policy actions , the commission shall draw up a retrospective evaluation report and send it to the european parliament and to the council . the report - building on relevant consultations of member states and key stakeholders - shall notably assess the progress made towards the achievement of objectives set out in article 2 . it shall also analyse cross border participation of smes in projects implemented under the programme as well as the participation of smes to the global value chain . ### to support greater efficiency and effectiveness of future union policy actions , the commission shall draw up 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 .


### 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 .


### for actions described in points to of article 6 , the contribution to the competitiveness of the european defence industry through the demonstration by the beneficiaries that member states have committed to jointly produce and procure the final product or technology in a coordinated way , including joint procurement where applicable . ### for actions described in points to of article 6 , the contribution to the competitiveness of the european defence industry through the demonstration by the beneficiaries that the action meets the objectives laid down by the eu in its policy documents ;


### the commission shall encourage and facilitate the development of self - regulatory codes of conduct at union level , in order to define guidelines on best practices in facilitating the switching of providers and to ensure that they provide professional users with sufficiently detailed , clear and transparent information before a contract for data storage and processing is concluded , as regards the following issues : ### the commission shall encourage and facilitate the development of self - regulatory codes of conduct at union level , in order to promote data interoperability through high - quality open standard formats and to define guidelines on best practices in facilitating the switching of providers and to ensure that they provide users with sufficiently detailed , clear and transparent information before a contract for data storage and processing is concluded . users shall have the right to receive , in a structured , commonly used and machine - readable format , personal data that concern them and that have been provided to a controller , and shall have the right to transmit those data to another controller without hindrance from the controller , in accordance with article&#160 ; 20 of the general data protection regulation . to be effective , the codes of conduct should include numerous issues and should be constantly updated owing to technological developments in the sector . among the issues to be considered , indicatively , at least at the initial stage , are :


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


### the recipients of union funding shall acknowledge the origin and ensure the visibility of the union funding , by providing coherent , effective and proportionate targeted information to multiple audiences , including the media and the public . ### the recipients of union funding shall operate in a transparent manner , acknowledge the origin and ensure the visibility of the union funding , by providing coherent , effective and proportionate targeted information to multiple audiences , including the media and the public .


### contributing to a high level of health for humans , animals and plants along the food chain and in related areas , including by preventing and eradicating diseases and pests , and to support the improvement of the welfare of animals as well as a sustainable food production and consumption ; ### contributing to a high level of health and safety for humans , animals and plants along the food chain and in related areas , including by preventing and eradicating diseases and pests , and to support the improvement of the welfare of animals as well as a sustainable food production and consumption , including through monitoring and addressing environmental determinants ;


### regulatory obstacles in the internal market have been removed for many industrial products through prevention mechanisms , the adoption of common rules and , where no such union rules exist , through the principle of mutual recognition . in areas where no union legislation exists , the principle of mutual recognition means that goods that are lawfully marketed in one member state enjoy the right to free movement and can be sold in another member state . however , inadequate application of mutual recognition makes it harder for companies to access markets in other member states . despite the high degree of market integration in the area of goods , this leads to lost opportunities for the economy at large . the programme should therefore aim to improve the application of mutual recognition in the area of goods and to reduce the number of illegal and non - compliant goods entering the market . ### regulatory obstacles in the internal market have been removed for many industrial products through prevention mechanisms , the adoption of common rules and , where no such union rules exist , through the principle of mutual recognition . in areas where no union legislation exists , the principle of mutual recognition means that goods that are lawfully marketed in one member state enjoy the right to free movement and can be sold in another member state , always in accordance with the highest european standards and the precautionary principle . however , inadequate application of mutual recognition makes it harder for companies to access markets in other member states . despite the high degree of market integration in the area of goods , this leads to lost opportunities for the economy at large . the programme should therefore aim to improve the application of mutual recognition in the area of goods and to reduce the number of illegal and non - compliant goods entering the market by strengthening market surveillance and implementing specific provisions on product traceability , so as to identify the country in which they were manufactured and to contribute to the fight against fraud . to ensure that only safe and compliant goods are available in the internal market , it is essential to train staff in online investigations , create points of contact for cooperation with major sales and social media platforms , and cooperate with payment service providers .


### the commission shall be assisted by the standing committee on the food chain and animal health established by article 58 of regulation no 178 / 2002 of the european parliament and of the council99 . that committee shall be a committee within the meaning of regulation no 182 / 2011 . ### the commission shall be assisted in each work programme by the specific reference committees established by regulation no 182 / 2011 and established by the individual basic acts .


### the programme should support the design , implementation and enforcement of union legislation underpinning the proper functioning of the internal market . the programme should support the creation of the right conditions to empower all actors of the internal market : businesses , citizens including consumers , civil society and public authorities . to that end , the programme should aim to ensure the competitiveness of businesses , notably smes , but also supporting the enforcement of consumer protection and safety rules and by raising the awareness of businesses and individuals by providing them with the right tools , knowledge and competence to make informed decisions and strengthen their participation in union’s policy - making . furthermore , the programme should aim to enhance regulatory and administrative cooperation , notably through exchange of best practices , building of knowledge and competence bases , including the use of strategic public procurement . the programme should also aim to support the development of high - quality international standards that underpin the implementation of union legislation . this also includes standard setting in the field of financial reporting and audit , thereby contributing to the transparency and well - functioning of the union’s capital markets and to enhancing investor protection . the programme should support rulemaking and standard setting also by ensuring the broadest possible stakeholder involvement . the objective of the programme should also be to support the implementation and enforcement of union legislation providing for a high level of health for humans , animals and plants along the food chain and the improvement of the welfare of animals . ### the programme should support the design , implementation and enforcement of union legislation underpinning the proper functioning of the internal market . the programme should support the creation of the right conditions to empower all actors of the internal market : businesses , citizens including consumers , civil society and public authorities . to that end , the programme should aim to ensure the competitiveness of businesses , notably micro and smes , including those in the tourism sector , but also supporting the enforcement of consumer protection and safety rules and by raising the awareness of businesses and individuals by providing them with the right tools , knowledge and competence to make informed decisions and strengthen their participation in union’s policy - making . furthermore , the programme should aim to enhance regulatory and administrative cooperation , notably through exchange of best practices , building of knowledge and competence bases , including the use of strategic public procurement . the programme should also aim to support the development of high - quality international standards that underpin the implementation of union legislation . this also includes standard setting in the field of financial reporting and audit , thereby contributing to the transparency and well - functioning of the union’s capital markets and to enhancing investor protection . the programme should support rulemaking and standard setting also by ensuring the broadest possible stakeholder involvement . the objective of the programme should also be to support the implementation and enforcement of union legislation providing for a high level of health for humans , animals and plants along the food chain and the improvement of the welfare of animals .


### still , barriers to the proper functioning of the internal market remain and the new obstacles emerge . adopting rules is only a first step , but making them work is as important . this is ultimately a matter of citizens ' trust in the union , in its capacity to deliver , and ability to create jobs and growth while protecting the public interest . ### still , barriers to the proper functioning of the internal market remain and the new obstacles emerge . adopting rules is only a first step , but making them work is as important . this is ultimately a matter of citizens’ trust in the union , in its capacity to deliver , and in its ability to create prosperity and quality jobs , while protecting the public interest .


### the programme of european surveys on the structure of agricultural holdings , which has been carried out in the union since 1966 , should be continued in order to examine the trends in the structure of agricultural holdings at the union level and to provide the statistical knowledge base necessary for the design , implementation , monitoring and evaluation of related policies , in particular the common agricultural policy and environmental , climate change adaptation and mitigation policies . ### the programme of european surveys on the structure of agricultural holdings , which has been carried out in the union since 1966 , should be discontinued as it fails to represent a good use of taxpayers ' money .


### member states and the commission shall encourage the development of self - and co - regulatory codes of conduct regarding inappropriate audiovisual commercial communications for alcoholic beverages . those codes should be used to effectively limit the exposure of minors to audiovisual commercial communications for alcoholic beverages . ### member states shall adopt measures to minimise the exposure of adolescents to commercial communications of alcoholic beverages . commercial communications preceding , following or interrupting programmes targeting adolescents’ audience between 7 : 00 and 23 : 00 shall be prohibited . without prejudice to the adoption of regulatory measures , member states and the commission shall encourage the development of self - and co - regulatory initiatives , including code of conducts , to further minimise the exposure of adolescents to such commercial communications accompanying or included in programmes with a significant minors’ audience .


### member states and the commission shall encourage the development of self - and co - regulatory codes of conduct regarding inappropriate audiovisual commercial communications , accompanying or included in programmes with a significant children’s audience , of foods and beverages containing nutrients and substances with a nutritional or physiological effect , excessive intakes of which in the overall diet are not recommended , in particular fat , trans - fatty acids , salt or sodium and sugars . ### member states shall adopt measures to minimise the exposure of adolescents to commercial communications of foods and non - alcoholic beverages containing nutrients and substances with a nutritional or physiological effect , excessive intakes of which in the overall diet are not recommended in particular fat , trans - fatty acids , salt or sodium and sugars . the commission and the member states shall take into consideration the who regional office for europe’s nutrient profile model , in order to achieve the objective laid down in the first subparagraph . .


### member states shall ensure that audiovisual media service providers provide sufficient information to viewers about content which may impair the physical , mental or moral development of minors . for this purpose , member states may use a system of descriptors indicating the nature of the content of an audiovisual media service . ### member states shall ensure that audiovisual media service providers and video - sharing platform providers effectively provide clear information to viewers , prior and during the programme as well as before and after any interruption , about content which may damage or disturb minors and in particular impair their physical , mental or moral development . for this purpose , member states may use a system of descriptors indicating the nature of the content of an audiovisual media service .


### there is a need to simplify union mechanism procedures to ensure that member states can access assistance and capacities needed in order to respond to natural or man - made disasters as rapidly as possible . ### there is a need to simplify , streamline , and increase the flexibility of , the union mechanism procedures to ensure that member states can access assistance and capacities needed in order to respond to natural or man - made disasters as rapidly and as efficiently as possible .


### in order to achieve the objective of effectively addressing direct and indirect discrimination based on the nationality , place of residence or place of establishment of customers , it is appropriate to adopt a regulation , which directly applies in all member states . this is necessary in order to guarantee the uniform application of the non - discrimination rules across the union and their entering into force at the same time . only a regulation ensures the degree of clarity , uniformity and legal certainty which is necessary in order to enable customers to fully benefit from those rules . ### in order to achieve the objective of effectively preventing direct and indirect discrimination based on the nationality , place of residence or place of establishment of customers , and of providing effective means of redress to those customers who would consider themselves affected by it , it is appropriate to adopt a regulation , which directly applies in all member states . this is necessary in order to guarantee the uniform application of the non - discrimination rules across the union and their entering into force at the same time . only a regulation ensures the degree of clarity , uniformity and legal certainty which is necessary in order to enable customers to fully benefit from those rules .