### the holder of the goods shall apply for an import licence to the competent authority of the member state of entry . the application shall be accompanied by any supporting documents and information substantiating that the cultural goods in question have been exported from the source country in accordance with its laws and regulations . however , where the export country is a contracting party to the unesco convention on the means of prohibiting and preventing the illicit import , export and transfer of ownership of cultural property signed in paris on 14 november 1970 , the application shall be accompanied by any supporting documents and information substantiating that the cultural goods have been exported from that country in accordance with its laws and regulations . ### the holder of the goods shall apply for an import licence to the competent authority of the member state of entry . the application shall be accompanied by any supporting documents and information substantiating that the cultural goods in question have been exported from the export country in accordance with its laws and regulations .


### the commission is empowered to adopt delegated acts in accordance with article 12 in order to amend the second column of the table in the annex following amendments in the combined nomenclature and to amend the minimum age threshold in the third column of the table in the annex in the light of experience gathered during the implementation of this regulation . ### the commission is empowered to adopt delegated acts in accordance with article 12 in order to amend the categories of cultural goods within the table in the annex following amendments in the combined nomenclature and to amend the minimum age threshold in paragraphs b and c in the annex in the light of experience gathered during the implementation of this regulation .


### ' cultural goods ' means any object which is of importance for archaeology , prehistory , history , literature , art or science and which belongs to the categories listed in the table in annex and meets the minimum age threshold specified therein ; ### ' cultural goods ' means any object which is of importance for archaeology , prehistory , history , literature , art or science and which belongs to the categories listed in the table in annex and meets the minimum age and financial threshold specified therein ;


### the release for free circulation and the placing under a special procedure other than transit in the union of the cultural goods referred to in points , , , , , , , and of the annex shall be subject to the submission of an importer statement to the customs authorities of the member state of entry . ### the release for free circulation and the placing under a special procedure other than transit in the union of the cultural goods referred to in points , , , , , , , and of the annex shall be subject to the submission of an electronic importer statement to the customs authorities of the member state of entry .


### ' cultural goods ' means any object which is of importance for archaeology , prehistory , history , literature , art or science and which belongs to the categories listed in the table in annex and meets the minimum age threshold specified therein ; ### ' cultural goods ' means any object that is listed in the table in annex ;


### the commission may adopt , by means of implementing acts , the template for the importer statement as well as the procedural rules on the submission and processing of the importer statement . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 13 . ### the commission shall adopt , by means of implementing acts , the electronic standardised template for the importer statement as well as the procedural rules on the electronic submission and processing of the importer statement . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 13 .


### where the export country is a contracting party to the 1970 unesco convention , it is not demonstrated that the cultural goods were exported from the export country in accordance with its laws and regulations ; ### where there are pending claims for restitution by the authorities of the source country .


### since certain categories of cultural goods , namely archaeological objects , elements of monuments , rare manuscripts and incunabula are particularly vulnerable to pillage and destruction , it seems necessary to provide for a system of increased scrutiny before they may enter the customs territory of the union . such a system should require the presentation of a licence issued by the competent authority of the member state of entry prior to the release for free circulation of those goods or their placement under a special customs procedure other than transit . persons seeking to obtain such a licence should be able to prove licit export from the source country with the appropriate supportive documents and evidence , in particular , export certificates or licences issued by the third country of export , ownership titles , invoices , sales contracts , insurance documents , transport documents and experts appraisals . based on complete and accurate applications , the competent authorities of the member states should decide whether to issue a licence without undue delay . ### since certain categories of cultural goods , namely archaeological objects , elements of monuments , rare manuscripts and incunabula are particularly vulnerable to pillage and destruction , it seems necessary to provide for a system of increased scrutiny before they may enter the customs territory of the union . such a system should require the presentation of a licence issued by the competent authority of the member state of entry prior to the release for free circulation of those goods or their placement under a special customs procedure other than transit . persons seeking to obtain such a licence should be able to prove licit export from the export country with the appropriate supportive documents and evidence , in particular , export certificates or export licences , ownership titles , invoices , sales contracts , insurance documents , transport documents and experts appraisals . based on complete and accurate applications , the competent authorities of the member states should decide whether to issue a licence without undue delay .


### temporary admission of cultural goods for educational , scientific or academic research purposes should not be subject to the presentation of a licence or of a statement . ### temporary admission of cultural goods for educational , scientific , restoration or academic research purposes or within a cooperation between museums or similar public non - profit institutions should not be subject to the presentation of a licence or of a statement .


### for other categories of cultural goods , the persons seeking to introduce them into the customs territory of the union should , by means of a statement , certify and assume responsibility for their lawful export from the third country and should provide sufficient information for those goods to be identified by customs . in order to facilitate the procedure and for reasons of legal certainty , the information about the cultural good should be provided using a standardised document . the object id standard , recommended by unesco , should be used to describe the cultural goods . customs should register the entry of those cultural goods , keep the originals and give a copy of the relevant documents to the declarant , in order to ensure traceability after the goods enter the internal market . ### for other categories of cultural goods , the persons seeking to introduce them into the customs territory of the union should , by means of an electronic statement , certify and assume responsibility for their lawful export from the export country and should provide sufficient information for those goods to be identified by customs . in order to facilitate the procedure and for reasons of legal certainty , the information about the cultural good should be provided using an electronic standardised document . the object id standard , recommended by unesco , should be used to describe the cultural goods . those cultural goods should be electronically registered and the declarant should be provided with a copy of the submitted documents in order to ensure traceability after the goods enter the internal market .


### where the export country is not a contracting party to the 1970 unesco convention , it is not demonstrated that the cultural goods were exported from the source country in accordance with its laws and regulations ; ### when it is not demonstrated that the cultural goods were exported from the export country in accordance with its laws and regulations ;


### the legality of export should be examined based on the laws and regulations of the country where the cultural goods were discovered or created . in order to avoid circumvention , when the cultural goods enter the union from a different third country , the person who seeks to introduce them into the customs territory of the union should demonstrate that they were exported from there legally , when the third country in question is a signatory state of the 1970 unesco convention and thus a country committed to fighting against illicit trafficking of cultural property . in other cases , the person should prove lawful export from the source country . ### the legality of export should be examined based on the laws and regulations of the country where the cultural goods were discovered or created . when the cultural goods enter the union from a different third country , the person who seeks to introduce them into the customs territory of the union should demonstrate that they were legally exported from the source country . in cases where the source country of the cultural goods cannot be reliably determined , the person who seeks to introduce them into the customs territory of the union should demonstrate that they were legally exported from the last country where they were held before their dispatch into the union in accordance with its laws and regulations .


### since certain categories of cultural goods , namely archaeological objects , elements of monuments , rare manuscripts and incunabula are particularly vulnerable to pillage and destruction , it seems necessary to provide for a system of increased scrutiny before they may enter the customs territory of the union . such a system should require the presentation of a licence issued by the competent authority of the member state of entry prior to the release for free circulation of those goods or their placement under a special customs procedure other than transit . persons seeking to obtain such a licence should be able to prove licit export from the source country with the appropriate supportive documents and evidence , in particular , export certificates or licences issued by the third country of export , ownership titles , invoices , sales contracts , insurance documents , transport documents and experts appraisals . based on complete and accurate applications , the competent authorities of the member states should decide whether to issue a licence without undue delay . ### since certain categories of cultural goods , namely archaeological objects , elements of monuments , rare manuscripts and incunabula are particularly vulnerable to pillage and destruction , it seems necessary to provide for a system of increased scrutiny before they may enter the customs territory of the union . such a system should require the presentation of a licence issued by the competent authority of the first member state of entry prior to the release for free circulation of those goods or their placement under a special customs procedure other than transit . persons seeking to obtain such a licence should be able to prove that the cultural goods have been exported from the source country in accordance with its laws and regulations or to prove the absence of such laws and regulations . the licit export from the source country should be proved with the appropriate supportive documents and evidence , in particular , export certificates or export licences , ownership titles , invoices , sales contracts , insurance documents , transport documents and experts appraisals . based on complete and accurate applications , the competent authorities of the member states should decide whether to issue a licence without undue delay . in cases where the source country of the cultural goods cannot be reliably determined , the application should be accompanied by any supporting documents and information , providing evidence that the cultural goods were exported from the export country in accordance with its laws and regulations .


### the importer statement shall contain a declaration signed by the holder of the goods that the goods have been exported from the source country in accordance with its laws and regulations . however , where the export country is a contracting party to the unesco convention on cultural property , the importer statement shall contain a declaration signed by the holder of the goods that the goods have been exported from that country in accordance with its laws and regulations . ### the importer statement registered electronically shall contain a declaration signed by the holder of the goods that the goods have been exported from the export country in accordance with its laws and regulations .


### the commission is empowered to adopt delegated acts in accordance with article 12 in order to amend the second column of the table in the annex following amendments in the combined nomenclature and to amend the minimum age threshold in the third column of the table in the annex in the light of experience gathered during the implementation of this regulation . ### the commission is empowered to adopt delegated acts in accordance with article 12 in order to amend the second column of the table in the annex following amendments in the combined nomenclature and to amend the minimum age and financial threshold in the annex , in the light of experience gathered during the implementation of this regulation .


### the temporary admission , within the meaning of article 250 of regulation no 952 / 2013 , in the customs territory of the union of cultural goods for educational , scientific and academic research purposes ; ### the temporary admission , within the meaning of article 250 of regulation no 952 / 2013 , in the customs territory of the union of cultural goods for educational , scientific and academic research purposes , and for the purpose of cooperation between museums or public non - profit institutions for the organisation of exhibitions ;


### in order not to impede trade with goods across the external border disproportionately , this regulation should only apply to goods meeting a certain age limit . for that purpose , it seems appropriate to set a 250 year minimum age threshold for all categories of cultural goods . that minimum age threshold will ensure that the measures provided for in this regulation focus on cultural goods most likely to be targeted by looters in conflict areas , without excluding other goods the control of which is necessary for ensuring protection of cultural heritage . ### in order not to impede trade with goods across the external border disproportionately , this regulation should only apply to goods meeting a certain age and value limit . for that purpose , it seems appropriate to set a 250 year minimum age threshold for all categories of cultural goods and a financial threshold for certain categories of cultural goods as stated in the annex . certain categories of cultural goods should not be subject to a financial threshold since they require a reinforced protection due to their higher risk of pillage , loss or destruction . the minimum age threshold will ensure that the measures provided for in this regulation focus on cultural goods most likely to be targeted by looters in conflict areas , without excluding other goods the control of which is necessary for ensuring protection of cultural heritage . the minimum financial threshold for certain categories of cultural goods is the value established for most of the categories contained in the annex of the regulation no 116 / 2009 on the export of cultural goods , which is in line with the objective of the proposal and will minimise the burden on the art market operators .


### the competent authority of the member state of entry shall verify whether the application is complete . it shall request any missing information or document from the applicant within 30 days of receipt of the application . ### the competent authority of the first member state of entry shall verify whether the application is complete . it shall request any missing information or document from the applicant within 30 days of receipt of the application .


### in order to take account of experience with the implementation of this regulation and of changing geopolitical and other circumstances which place cultural goods at risk , while not impeding trade with third countries disproportionally , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of modifications to the minimum age threshold criterion for the different categories of cultural goods . that delegation should also allow the commission to update the annex following amendments to the combined nomenclature . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law - making of 13 april 201627 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states ' experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts . __________________ 27 oj l 123 , 12 . 5 . 2016 , p . 1 . ### in order to take account of experience with the implementation of this regulation and of changing geopolitical and other circumstances which place cultural goods at risk , while not impeding trade with third countries disproportionally , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of modifications to the minimum age and financial threshold criterion for the different categories of cultural goods . that delegation should also allow the commission to update the annex following amendments to the combined nomenclature . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law - making of 13 april 201627 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states ' experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts . __________________ 27 oj l 123 , 12 . 5 . 2016 , p . 1 .


### the commission may establish , by means of implementing acts , the template for the application for the import licence as well as the procedural rules on the submission and processing of such an application . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 13 . ### the commission shall establish , by means of implementing acts , the electronic standardised template for the application for the import licence as well as the procedural rules on the electronic submission and processing of such an application together with the relevant supporting documents , which shall be done by electronic means . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 13 .


### the importer statement shall include a standardised document describing the cultural goods in question in sufficient detail for them to be identified by the customs authorities . ### the importer statement shall include a electronic standardised document describing the cultural goods in question in sufficient detail for them to be identified by the customs authorities .


### in order not to impede trade with goods across the external border disproportionately , this regulation should only apply to goods meeting a certain age limit . for that purpose , it seems appropriate to set a 250 year minimum age threshold for all categories of cultural goods . that minimum age threshold will ensure that the measures provided for in this regulation focus on cultural goods most likely to be targeted by looters in conflict areas , without excluding other goods the control of which is necessary for ensuring protection of cultural heritage . ### in order not to impede trade with goods across the external border disproportionately , this regulation should only apply to goods meeting a certain age limit and in part to cultural goods meeting a certain value limit according to the annex . for that purpose , it seems appropriate to set a 250 year minimum age threshold for all categories of cultural goods . that minimum age threshold and the value limit will ensure that the measures provided for in this regulation focus on cultural goods most likely to be targeted by looters in conflict areas , without excluding other goods the control of which is necessary for ensuring protection of cultural heritage .


### in order to ensure uniform conditions for the implementation of this regulation , implementing powers should be conferred on the commission to adopt specific modalities for the temporary admission and storage of cultural goods into the customs territory of the union , the templates for import licence applications and forms , as well as for importer statements and their accompanying documents , as well as further procedural rules on their submission and processing . implementing powers should also be conferred on the commission to make arrangements for the establishment of an electronic database for the storage and exchange of information between member states . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council28 . __________________ 28 regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by member states of the commission’s exercise of implementing powers . ### in order to ensure uniform conditions for the implementation of this regulation , implementing powers should be conferred on the commission to adopt specific modalities for the temporary admission and storage of cultural goods into the customs territory of the union , which should be done while guaranteeing minimum conservation conditions , having due regard to the specific nature of the goods . those modalities should also apply to the electronic standardised templates for import licence applications and forms , as well as for electronic importer statements and their accompanying documents , as well as to further procedural rules on their electronic submission and processing . implementing powers should also be conferred on the commission to make arrangements for the establishment of an electronic database for the storage and exchange of information between member states . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council28 . __________________ 28 regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by member states of the commission’s exercise of implementing powers .


### the commission is empowered to adopt delegated acts in accordance with article 12 in order to amend the second column of the table in the annex following amendments in the combined nomenclature and to amend the minimum age threshold in the third column of the table in the annex in the light of experience gathered during the implementation of this regulation . ### the commission is empowered to adopt delegated acts in accordance with article 12 in order to amend the categories of cultural goods and the minimum age threshold in the annex , in the light of the results of the implementation of this regulation .


### the importer statement shall contain a declaration signed by the holder of the goods that the goods have been exported from the source country in accordance with its laws and regulations . however , where the export country is a contracting party to the unesco convention on cultural property , the importer statement shall contain a declaration signed by the holder of the goods that the goods have been exported from that country in accordance with its laws and regulations . ### the importer statement shall contain a declaration signed by the holder of the goods stating that the goods have been exported from the source country in accordance with its laws and regulations .


### the release for free circulation and the placing under a special procedure other than transit in the union of the cultural goods referred to in points , , , , , , , and of the annex shall be subject to the submission of an importer statement to the customs authorities of the member state of entry . ### the import of the cultural goods referred to in the annex which are not covered by article&#160 ; 4 shall be subject to the submission of an importer statement .


### an electronic system may be developed for the storage and the exchange of information between the authorities of the member states , in particular regarding importer statements and import licences . ### an electronic system shall be developed for the storage and the exchange of information between the authorities of the member states , in particular regarding importer statements and import licences .


### since certain categories of cultural goods , namely archaeological objects , elements of monuments , rare manuscripts and incunabula are particularly vulnerable to pillage and destruction , it seems necessary to provide for a system of increased scrutiny before they may enter the customs territory of the union . such a system should require the presentation of a licence issued by the competent authority of the member state of entry prior to the release for free circulation of those goods or their placement under a special customs procedure other than transit . persons seeking to obtain such a licence should be able to prove licit export from the source country with the appropriate supportive documents and evidence , in particular , export certificates or licences issued by the third country of export , ownership titles , invoices , sales contracts , insurance documents , transport documents and experts appraisals . based on complete and accurate applications , the competent authorities of the member states should decide whether to issue a licence without undue delay . ### since certain categories of cultural goods are particularly vulnerable to pillage and destruction , it seems necessary to provide for a system of increased scrutiny before they may enter the customs territory of the union . such a system should require the presentation of a licence issued by the competent authority of the member state of entry prior to the release for free circulation of those goods or their placement under a special customs procedure other than transit when the goods come from countries designated by a united nations security council resolution laying down restrictive measures applied to cultural goods , or by a similar measure adopted by the union in accordance with the procedures set out in article 215 of the treaty on the functioning of the european union . persons seeking to obtain such a licence should be able to prove licit export from the source country with the appropriate supportive documents and evidence , in particular , export licences issued by the third country of export , ownership titles , invoices , sales contracts , insurance documents , transport documents and experts appraisals . based on complete and accurate applications , the competent authorities of the member states should decide whether to issue a licence without undue delay .


### ' export country ' means the last country in which the cultural goods were permanently held in accordance with that country ' s laws and regulations before their dispatch to the union ; ### ' export country ' means the last country in which the cultural goods were held in accordance with that country ' s laws and regulations before their dispatch to the union ;


### by [ three years after the entry into force of this directive ] at the latest , and at least every five years thereafter , the commission shall present a report to the european parliament and the council on the application of this directive and shall propose any amendments that are necessary . ### by [ one year after the entry into force of this directive ] at the latest , and at least every five years thereafter , the commission shall present a report to the european parliament and the council on the application of this directive and shall propose any amendments that are necessary .


### the detention of applicants should be applied in accordance with the underlying principle that a person should not be held in detention for the sole reason that he or she is seeking international protection , particularly in accordance with the international legal obligations of the member states and with article 31 of the geneva convention . applicants may be detained only under the very clearly defined exceptional circumstances laid down in this directive and subject to the principle of necessity and proportionality with regard to both the manner and the purpose of such detention . detention of applicants pursuant to this directive should only be ordered in writing by judicial or administrative authorities stating the reasons on which it is based , including in the cases where the person is already detained when making the application for international protection . where an applicant is held in detention he or she should have effective access to the necessary procedural guarantees , such as judicial remedy before a national judicial authority . ### the detention of applicants should be applied in accordance with the underlying principle that a person should not be held in detention for the sole reason that he or she is seeking international protection , particularly in accordance with the international legal obligations of the member states and with article 31 of the geneva convention . applicants may be detained only under the very clearly defined exceptional circumstances laid down in this directive and subject to the principle of necessity and proportionality with regard to both the manner and the purpose of such detention . detention of applicants pursuant to this directive should only be ordered in writing by judicial authorities stating the reasons on which it is based , including in the cases where the person is already detained when making the application for international protection . any decision imposing detention should contain a reference to the consideration of the available alternatives and the reasons why they could not be applied effectively . where an applicant is held in detention he or she should have effective access to the necessary procedural guarantees , such as judicial remedy .


### for reasons of labour market policies , member states may verify whether a vacancy could be filled by nationals of the member state concerned or by other union citizens , or by third - country nationals lawfully residing in that member state . ### for reasons of labour market policies , and especially regarding youth unemployment levels , member states may verify whether a vacancy could be filled , through preferential access , by nationals of the member state concerned or by other union citizens , or by third - country nationals lawfully residing in that member state .


### member states shall as soon as possible and no later than five working days from the moment when an unaccompanied minor makes an application for international protection take measures to ensure that a guardian represents and assists the unaccompanied minor to enable him or her to benefit from the rights and comply with the obligations provided for in this directive . the guardian appointed in accordance with article [ 22 ] of regulation no xxx / xxx [ procedures regulation ] may perform those tasks . the unaccompanied minor shall be informed immediately of the appointment of the guardian . where an organisation is appointed as guardian , it shall designate a person responsible for carrying out the duties of guardian in respect of the unaccompanied minor , in accordance with this directive . the guardian shall perform his or her duties in accordance with the principle of the best interests of the child , as prescribed in article 22 , shall have the necessary expertise to that end and shall not have a verified record of child - related crimes or offences . in order to ensure the minor’s well - being and social development referred to in article 22 , the person acting as guardian shall be changed only when necessary . organisations or individuals whose interests conflict or could potentially conflict with those of the unaccompanied minor shall not be appointed as guardians . ### member states shall as soon as possible and no later than five days from the moment when an unaccompanied minor arrives in the member state take measures to ensure that a guardian represents and assists the unaccompanied minor to enable him or her to benefit from the rights and comply with the obligations provided for in this directive . the guardian appointed in accordance with article [ 22 ] of regulation no xxx / xxx [ procedures regulation ] may perform those tasks . the unaccompanied minor shall be informed immediately of the appointment of the guardian . where an organisation is appointed as guardian , it shall designate a person responsible for carrying out the duties of guardian in respect of the unaccompanied minor , in accordance with this directive . the guardian shall be qualified and perform his or her duties in accordance with the principle of the best interests of the child , as prescribed in article 22 , shall have the necessary expertise to that end and shall not have a verified criminal record , especially with regard to any child - related crimes or offences . in order to ensure the minor’s well - being and social development referred to in article 22 , the person acting as guardian shall be changed only when necessary . appointed guardians ' criminal record shall be regularly reviewed by competent authorities to identify potential incompatibilities with their role . organisations or individuals whose interests conflict or could potentially conflict with those of the unaccompanied minor shall not be appointed as guardians .


### member states shall inform applicants , as soon as possible and at the latest when they are lodging their application for international protection , of any established benefits and of the obligations with which they must comply relating to reception conditions . they shall point out in the information provided that the applicant is not entitled to the reception conditions set out in articles 14 to 17 of this directive as stated in article 17a of the same directive in any member state other than where he or she is required to be present in accordance with regulation no xxx / xxx [ dublin regulation ] . ### member states shall inform applicants , within a reasonable time frame , not exceeding 15 days after they have made their application for international protection , of any established benefits and of the obligations with which they must comply relating to reception conditions . they shall point out in the information provided that the applicant is not entitled to the reception conditions set out in articles 14 to 17 of this directive as stated in article 17a of the same directive in any member state other than where he or she is required to be present in accordance with regulation no xxx / xxx [ dublin regulation ] .


### member states shall provide applicants with a travel document only when serious humanitarian or other imperative reasons arise that require their presence in another state . the validity of the travel document shall be limited to the purpose and duration needed for the reason for which it is issued . ### member states may provide applicants with a travel document when reasons arise that require their presence in another state . the validity of the travel document shall be limited to the purpose and duration needed for the reason for which it is issued .


### member states shall ensure that a guardian is not placed in charge of a disproportionate number of unaccompanied minors at the same time that would render him or her unable to perform his or her tasks effectively . member states shall appoint entities or persons responsible for monitoring at regular intervals that guardians perform their tasks in a satisfactory manner . those entities or persons shall also have the competence to review complaints lodged by unaccompanied minors against their guardian . ### member states shall ensure that a guardian is placed in charge of an acceptable and limited number of unaccompanied minors at the same time that would render him or her unable to perform his or her tasks effectively . member states shall appoint entities or persons responsible for monitoring , within the first month of the guardian being appointed , and then at regular intervals that guardians perform their tasks in a satisfactory manner . those entities or persons shall also have the competence to review complaints lodged by unaccompanied minors against their guardian .


### reduce or , in exceptional and duly justified cases , withdraw the daily allowances . ### reduce or , in exceptional and duly justified cases , withdraw material reception conditions or the daily allowances .


### access to the education system shall not be postponed for more than three months from the date on which the application for international protection was lodged by or on behalf of the minor . ### access to the education system shall not be postponed for more than one month from the moment that the minor made an application for international protection .


### member states shall where necessary decide on the residence of an applicant in a specific place for any of the following reasons : ### member states may where necessary decide on the residence of an applicant in a specific place such as an accommodation centre , a private house , flat , hotel or other premises adapted for housing applicants , on the basis of objective criteria defined by national law and of a decision by judicial authorities , for any of the following reasons :


### in order to promote the self - sufficiency of applicants and to limit wide discrepancies between member states , it is essential to provide clear rules on the applicants’ access to the labour market ð and to ensure that such access is effective , by not imposing conditions that effectively hinder an applicant from seeking employment . labour market tests used to give priority to nationals or to other union citizens or to third country nationals legally resident in the member state concerned should not hinder effective access for applicants to the labour market and should be implemented without prejudice to the principle of preference for union citizens as expressed in the relevant provisions of the applicable acts of accession . ### in order to promote the self - sufficiency of applicants and to limit wide discrepancies between member states , it is essential to provide clear rules on the applicants’ access to the labour market and to ensure that such access is effective , by not imposing conditions that effectively hinder an applicant from seeking employment , save for the possibility of the member state concerned giving priority to nationals or to other union citizens .


### member states shall require applicants to inform the competent authorities of their current place of residence or address or a telephone number where they may be reached and notify any change of telephone number or address to such authorities as soon as possible . ### member states shall require applicants to inform the competent authorities of their current place of residence or address and a telephone number where they may be reached and notify any change of telephone number and address to such authorities as soon as possible .


### by [ three years after the entry into force of this directive ] at the latest , and at least every five years thereafter , the commission shall present a report to the european parliament and the council on the application of this directive and shall propose any amendments that are necessary . ### by [ one year after the entry into force of this directive ] at the latest , and at least every three years thereafter , the commission shall present a report to the european parliament and the council on the application of this directive and shall propose any amendments that are necessary .


### member states shall at the request of the commission send the necessary information for drawing up the report by [ two years after the entry into force of this directive ] and every five years thereafter . ### member states shall at the request of the commission send the necessary information for drawing up the report by [ six months after the entry into force of this directive ] and every three years thereafter .


### when assessing the resources of an applicant , when requiring an applicant to cover or contribute to the cost of the material reception conditions or when asking an applicant for a refund in accordance with paragraph 4 , member states shall observe the principle of proportionality . member states shall also take into account the individual circumstances of the applicant and the need to respect his or her dignity or personal integrity , including the applicant ' s special reception needs . member states shall in all circumstances ensure that the applicant is provided with a standard of living which guarantees his or her subsistence and protects his or her physical and mental health . ### when assessing the resources of an applicant , when requiring an applicant to cover or contribute to the cost of the material reception conditions and of the health care or when asking an applicant for a refund in accordance with paragraph 4 , member states shall observe the principle of proportionality . member states shall also take into account the individual circumstances of the applicant and the need to respect his or her dignity or personal integrity , including the applicant ' s special reception needs .


### decisions for replacement , reduction or withdrawal of material reception conditions shall be taken objectively and impartially on the merits of the individual case and reasons shall be given . decisions shall be based on the particular situation of the person concerned , especially with regard to applicants with special reception needs , taking into account the principle of proportionality . member states shall under all circumstances ensure access to health care in accordance with article 18 and shall ensure a dignified standard of living for all applicants . ### decisions for replacement , reduction or withdrawal of material reception conditions shall be taken objectively and impartially on the merits of the individual case and reasons shall be given . decisions shall be based on the particular situation of the person concerned , especially with regard to applicants with special reception needs , taking into account the principle of proportionality . member states shall under all circumstances ensure access to health care in accordance with article 18 and shall ensure an adequate standard of living for all applicants .


### member states shall at the request of the commission send the necessary information for drawing up the report by [ two years after the entry into force of this directive ] and every five years thereafter . ### member states shall at the request of the commission send the necessary information for drawing up the report by [ six months after the entry into force of this directive ] and every two years thereafter .


### the maximum time frame for access to the labour market should be aligned with the duration of the examination procedure on the merits . in order to increase integration prospects and self - sufficiency of applicants , earlier access to the labour market is encouraged where the application is likely to be well - founded , including when its examination has been prioritised in accordance with regulation no xxx / xxx [ procedures regulation ] . member states should therefore consider reducing that time period as much as possible with a view to ensuring that applicants have access to the labour market no later than 3 months from the date when the application was lodged in cases where the application is likely to be well - founded . member states should however not grant access to the labour market to applicants whose application for international protection is likely to be unfounded and for which an accelerated examination procedure is applied . ### the maximum time frame for access to the labour market should be aligned with the duration of the examination procedure on the merits . in order to increase integration prospects and self - sufficiency of applicants , earlier access to the labour market , including by involving the applicant in a socially - beneficial activity , is encouraged where the application is likely to be well - founded , including when its examination has been prioritised in accordance with regulation no xxx / xxx [ procedures regulation ] . member states should therefore consider reducing that time period as much as possible with a view to ensuring that applicants have access to the labour market no later than 3 months from the date when the application was lodged in cases where the application is likely to be well - founded . member states should however not grant access to the labour market to applicants whose application for international protection is likely to be unfounded and for which an accelerated examination procedure is applied .


### the maximum time frame for access to the labour market should be aligned with the duration of the examination procedure on the merits . in order to increase integration prospects and self - sufficiency of applicants , earlier access to the labour market is encouraged where the application is likely to be well - founded , including when its examination has been prioritised in accordance with regulation no xxx / xxx [ procedures regulation ] . member states should therefore consider reducing that time period as much as possible with a view to ensuring that applicants have access to the labour market no later than 3 months from the date when the application was lodged in cases where the application is likely to be well - founded . member states should however not grant access to the labour market to applicants whose application for international protection is likely to be unfounded and for which an accelerated examination procedure is applied . ### it is crucial to support and encourage the integration of those applicants that have a realistic chance of receiving asylum . therefore the maximum time frame for access to the labour market should be aligned with the duration of the examination procedure on the merits . in order to increase integration prospects and self - sufficiency of applicants , earlier access to the labour market is encouraged where the application is likely to be well - founded , including when its examination has been prioritised in accordance with regulation no xxx / xxx [ procedures regulation ] . member states should therefore consider reducing that time period as much as possible with a view to ensuring that applicants have access to the labour market no later than three months from the date when the application was lodged in cases where the application is likely to be well - founded . member states should however not grant access to the labour market to applicants whose application for international protection is likely to be unfounded and for which an accelerated examination procedure is applied .


### minors shall be detained only as a measure of last resort and after it having been established that other less coercive alternative measures cannot be applied effectively . such detention shall be for the shortest period of time and all efforts shall be made to release the detained minors and place them in accommodation suitable for minors . ### minors shall not be detained ; member states shall instead accommodate minors and families with minors in non - custodial , community - based placements while their immigration status is processed .


### safety and security considerations , in particular where there is a risk of the minor being a victim of human trafficking ; ### safety and security considerations , in particular where there is a risk of the minor being a victim of violence and exploitation , including human trafficking ;


### in order to restrict the possibility of abuse of the reception system , member states should be able to provide material reception conditions only to the extent applicants do not have sufficient means to provide for themselves . when assessing the resources of an applicant and requiring an applicant to cover or contribute to the material reception conditions , member states should observe the principle of proportionality and take into account the individual circumstances of the applicant and the need to respect his or her dignity or personal integrity , including the applicant ' s special reception needs . applicants should not be required to cover or contribute to the costs of their necessary health care . the possibility of abuse of the reception system should also be restricted by specifying the circumstances in which accommodation , food , clothing and other essential non - food items provided in the form of financial allowances or vouchers may be replaced with reception conditions provided in kind and the circumstances in which the daily allowance may be reduced or withdrawn while at the same time ensuring a dignified standard of living for all applicants . ### in order to restrict the possibility of abuse of the reception system , member states should be able to provide material reception conditions only to the extent applicants do not have sufficient means to provide for themselves . when assessing the resources of an applicant and requiring an applicant to cover or contribute to the material reception conditions , member states should observe the principle of proportionality and take into account the individual circumstances of the applicant and the need to respect his or her dignity or personal integrity , including the applicant ' s special reception needs . applicants should not be required to cover or contribute to the costs of their necessary health care . the possibility of abuse of the reception system should also be restricted by specifying the circumstances in which accommodation , food , clothing and other essential non - food items provided in the form of financial allowances or vouchers may be replaced with reception conditions provided in kind and the circumstances in which the daily allowance may be reduced or withdrawn while at the same time ensuring an adequate standard of living for all applicants .


### member states shall grant to minor children of applicants and to applicants who are minors access to the education system under similar conditions as their own nationals for so long as an expulsion measure against them or their parents is not actually enforced . such education may be provided in accommodation centres . ### member states shall grant to minor children of applicants and to applicants who are minors access to the education system under the same conditions as their own nationals for the entire duration of their presence in the territory of the member state . such education may be provided in accommodation centres , as a temporary measure until access to national education systems is ensured .


### minors shall be detained only as a measure of last resort and after it having been established that other less coercive alternative measures cannot be applied effectively . such detention shall be for the shortest period of time and all efforts shall be made to release the detained minors and place them in accommodation suitable for minors . ### detention of children shall be prohibited . however this shall not impinge on the criminal law of the member state .


### standard conditions for the reception of applicants that will suffice to ensure them a dignified standard of living and comparable living conditions in all member states should be laid down . the harmonisation of conditions for the reception of applicants should help to limit the secondary movements of applicants influenced by the variety of conditions for their reception . ### standard conditions for the reception of applicants that will suffice to ensure them an adequate standard of living and comparable living conditions in all member states should be laid down . the harmonisation of conditions for the reception of applicants should help to limit the secondary movements of applicants influenced by the variety of conditions for their reception .


### member states shall as soon as possible and no later than five working days from the moment when an unaccompanied minor makes an application for international protection take measures to ensure that a guardian represents and assists the unaccompanied minor to enable him or her to benefit from the rights and comply with the obligations provided for in this directive . the guardian appointed in accordance with article [ 22 ] of regulation no xxx / xxx [ procedures regulation ] may perform those tasks . the unaccompanied minor shall be informed immediately of the appointment of the guardian . where an organisation is appointed as guardian , it shall designate a person responsible for carrying out the duties of guardian in respect of the unaccompanied minor , in accordance with this directive . the guardian shall perform his or her duties in accordance with the principle of the best interests of the child , as prescribed in article 22 , shall have the necessary expertise to that end and shall not have a verified record of child - related crimes or offences . in order to ensure the minor’s well - being and social development referred to in article 22 , the person acting as guardian shall be changed only when necessary . organisations or individuals whose interests conflict or could potentially conflict with those of the unaccompanied minor shall not be appointed as guardians . ### member states shall immediately , and no later than five days from the arrival on eu territory of an unaccompanied minor , take measures to ensure that a guardian represents and assists the unaccompanied minor to enable him or her to benefit from the rights and comply with the obligations provided for in this directive . the guardian appointed in accordance with article [ 22 ] of regulation no xxx / xxx [ procedures regulation ] may perform those tasks . the unaccompanied minor shall be informed immediately of the appointment of the guardian . where an organisation is appointed as guardian , it shall designate a person responsible for carrying out the duties of guardian in respect of the unaccompanied minor , in accordance with this directive . the guardian shall perform his or her duties in accordance with the principle of the best interests of the child , as prescribed in article 22 , shall have the necessary expertise to that end and shall not have a verified record of criminal offences , and in particular child - related crimes or offences . the competent authorities shall regularly monitor the criminal record of the guardian , following his / her appointment , with a view to checking for anything incongruous with their role . in order to ensure the minor’s well - being and social development referred to in article 22 , the person acting as guardian shall be changed only when necessary . organisations or individuals whose interests conflict or could potentially conflict with those of the unaccompanied minor shall not be appointed as guardians .


### reception conditions continue to vary considerably between member states both in terms of how the reception system is organised and in terms of the standards provided to applicants . the persistent problems in ensuring adherence to the reception standards required for a dignified treatment of applicants in some member states has contributed to a disproportionate burden falling on a few member states with generally high reception standards which are then under pressure to reduce their standards . more equal reception standards set at an appropriate level across all member states will contribute to a more dignified treatment and fairer distribution of applicants across the eu . ### reception conditions continue to vary considerably between member states both in terms of how the reception system is organised and in terms of the standards provided to applicants . the persistent problems in ensuring adherence to the reception standards required for appropriate treatment of applicants in some member states has contributed to a disproportionate burden falling on a few member states with generally high reception standards which are then under pressure to reduce their standards . more equal reception standards set at an appropriate level across all member states will contribute to a more dignified treatment and fairer distribution of applicants across the eu .


### member states shall take appropriate measures to ensure that authorities and other organisations implementing this directive have received the necessary training with respect to the needs of both male and female applicants . to that end , member states shall integrate the european asylum curriculum developed by the european union agency for asylum into the training of their personnel in accordance with regulation no xxx / xxx [ regulation on the european union agency for asylum ] . ### member states shall take appropriate measures to ensure that authorities and other organisations implementing this directive have received the necessary training with respect to the needs of both male and female applicants , as well as children . to that end , member states shall integrate the european asylum curriculum developed by the european union agency for asylum into the training of their personnel in accordance with regulation no xxx / xxx [ regulation on the european union agency for asylum ] and take into consideration the information material published by the european asylum support office , such as the easo tool for identification of persons with special needs .


### those working with minors , including with unaccompanied minors , shall not have a verified record of child - related crimes or offenses and shall receive continuous and appropriate training concerning the rights and needs of unaccompanied minors , including concerning any applicable child safeguarding standards , and shall be bound by the confidentiality rules provided for in national law , in relation to any information they obtain in the course of their work . ### those working with minors , including with unaccompanied minors , shall not have a verified criminal record , especially with regard to any child - related crimes or offenses and shall receive continuous and appropriate training concerning the rights and needs of unaccompanied minors , including concerning any applicable child safeguarding standards , and shall be bound by the confidentiality rules provided for in national law , in relation to any information they obtain in the course of their work .


### persons having the status of worker , with the meaning of article 45 tfeu ; ### persons having the status of worker , with the meaning of article 45 tfeu , including persons having the status of civil servants ;


### “volunteering” means a full - time32 unpaid voluntary service for a period of up to twelve months , which provides young people with the opportunity to contribute to the daily work of organisations active in solidarity - related fields , to the ultimate benefit of the communities within which the activities are carried out , including a solid learning and training dimension in order to enable the young volunteer to gain skills and competences , which will be useful for their personal , educational , social and professional development , and which will also contribute to improving their employability ; __________________ 32 as a general principle , an activity carried out continuously , 5 days a week for 7 hours a day . ### “volunteering” means a full - time32 unpaid voluntary service for a period of up to six months , which may be extended once for a maximum of six months and which provides young people with the opportunity to contribute to the daily work of organisations active in solidarity - related fields , to the ultimate benefit of the communities within which the activities are carried out , including a solid learning and training dimension in order to enable the young volunteer to gain skills and competences , which will be useful for their personal , educational , social and professional development , and which will also contribute to improving their employability ; __________________ 32 as a general principle , an activity carried out continuously , 5 days a week for 7 hours a day .


### “volunteering” means a full - time32 unpaid voluntary service for a period of up to twelve months , which provides young people with the opportunity to contribute to the daily work of organisations active in solidarity - related fields , to the ultimate benefit of the communities within which the activities are carried out , including a solid learning and training dimension in order to enable the young volunteer to gain skills and competences , which will be useful for their personal , educational , social and professional development , and which will also contribute to improving their employability ; __________________ 32 as a general principle , an activity carried out continuously , 5 days a week for 7 hours a day . ### “volunteering” means a full - time32 unpaid voluntary service for a period of up to twelve months , which provides young people with the opportunity to contribute to the daily work of organisations active in solidarity - related fields , to the ultimate benefit of the communities within which the activities are carried out , including a solid learning and training dimension in order to enable the young volunteer to gain , validate and certify skills and competences , which will be useful for their personal , educational , social and professional development , and which will also contribute to improving their employability ; __________________ 32 as a general principle , an activity carried out continuously , 5 days a week for 7 hours a day .


### the european solidarity corps would provide a single entry point for solidarity activities throughout the union . consistency and complementarity of that framework should be ensured with other relevant union policies and programmes . the european solidarity corps should build on the strengths and synergies of existing programmes , notably the european voluntary service . it should also complement the efforts made by member states to support young people and ease their school - to - work transition under the youth guarantee19 by providing them with additional opportunities to make a start on the labour market in the form of traineeships or jobs in solidarity - related areas within their respective member state or across borders . complementarity with existing union level networks pertinent to the activities under the european solidarity corps , such as the european network of public employment services , eures and the eurodesk network , should also be ensured . furthermore , complementarity between existing related schemes , in particular national solidarity schemes and mobility schemes for young people , and the european solidarity corps should be ensured , building on good practices where appropriate . __________________ 19 council recommendation of 22 april 2013 on establishing a youth guarantee . ### consistency and complementarity of that framework should be ensured with other relevant union policies and programmes . the european voluntary and solidarity service should build on the strengths and synergies of existing programmes , notably the european voluntary service . complementarity between existing related schemes , in particular national solidarity schemes and mobility schemes for young people , and the european voluntary and solidarity service should be ensured , building on good practices where appropriate . __________________ 19 council recommendation of 22 april 2013 on establishing a youth guarantee .


### particular attention should be paid to ensuring the quality of the placements and other opportunities offered under the european solidarity corps , in particular by offering training , language support , insurance , administrative and post - placement support to participants as well as the validation of the knowledge , skills and competences acquired through their european solidarity corps experience . ### particular attention should be paid to ensuring the quality of the placements and other opportunities offered under the european solidarity corps , in particular by offering online and offline training , language support , insurance , administrative and pre - and post - placement support to participants . this support should be created in collaboration with youth organisations and other civil society organisations in order to tap into their expertise on the field . post - placement support should also prioritise the continuous civic engagement of the participants in their community , guiding them towards local organisations or projects to engage with after the placement .


### a european solidarity corps portal should continuously be developed in order to ensure easy access to the european solidarity corps and to provide a one - stop shop for both interested individuals and organisations as regards , inter alia , registration , identification and matching of profiles and opportunities , networking and virtual exchanges , online training , language and post - placement support as well as other useful functionalities , which may arise in the future . ### a european solidarity corps portal in all eu official languages should continuously be developed in order to ensure easy access to the european solidarity corps and to provide a one - stop shop for both interested individuals and organisations as regards , inter alia , registration , identification and matching of profiles and opportunities , networking and virtual exchanges , information on existing solidarity placements or projects and on participating organisations , social partners , relevant union and national contact points , online training , language and pre and post - placement support , peer reviews of the placements and direct feedback mechanisms as well as other useful functionalities , which may arise in the future . particular attention will be made for the portal to be fully accessible by all young people regardless of their abilities .


### particular attention should be paid to ensuring the quality of the placements and other opportunities offered under the european solidarity corps , in particular by offering training , language support , insurance , administrative and post - placement support to participants as well as the validation of the knowledge , skills and competences acquired through their european solidarity corps experience . ### particular attention should be paid to ensuring the quality of the placements and other opportunities offered under the european solidarity corps , in particular by offering training , language support , insurance , administrative , support to participants before , during and after placements , as well as the validation of the knowledge , skills and competences acquired through their european solidarity corps experience . this support should be organised in collaboration with youth organisations , educational institutions and other civil society organisations .


### “participating organisation” means any public or private entity that has been attributed the european solidarity corps quality label , which offers a placement to a participant in the european solidarity corps or implements other activities in the framework of the european solidarity corps ; ### “participating organisation” means any public or private non - profit entity that has been attributed the european solidarity corps quality label , which offers a volunteering opportunity to a participant in the european solidarity corps or implements other activities in the framework of the european solidarity corps ;


### in order to maximise the impact of the european solidarity corps , provisions should be made to allow other union programmes such as the asylum , migration and integration fund , the europe for citizens programme , the european regional development fund and the health programme to contribute to the objectives of the european solidarity corps by supporting activities within its scope . this contribution should be financed in accordance with the respective basic acts of the concerned programmes . once they have obtained a valid european solidarity corps quality label , the beneficiaries should be given access to the european solidarity corps portal and receive the quality and support measures provided according to the type of activity offered . ### in order to maximise the impact of the european solidarity corps , provisions should be made to allow other union programmes such as the asylum , migration and integration fund , the europe for citizens programme , the european regional development fund and the health programme to contribute to the objectives of the european solidarity corps by supporting activities within its scope . this contribution should be financed in accordance with the respective basic acts of the concerned programmes . once they have obtained a valid european solidarity corps quality label , the participating organisations should be given access to the european solidarity corps portal and receive the quality and support measures provided according to the type of activity offered .


### &#8220 ; solidarity activity&#8221 ; means an activity aimed at addressing unmet societal needs to the benefit of a community while also fostering the individual ' s personal , educational , social , civic and professional development , which may take the form of placements , projects or networking activities , developed in relation to different areas , such as education and training , employment , gender equality , entrepreneurship , in particular social entrepreneurship , citizenship and democratic participation , environment and nature protection , climate action , disaster prevention , preparedness and recovery , agriculture and rural development , provision of food and non - food items , health and wellbeing , creativity and culture , physical education and sport , social assistance and welfare , reception and integration of third - country nationals , territorial cooperation and cohesion ; ### &#8220 ; solidarity activity&#8221 ; means an activity aimed at addressing unmet societal needs to the benefit of a community while also fostering the individual ' s personal , educational , social , civic and professional development , which may take the form of placements , projects or networking activities which have european added value and a transnational dimension , developed in relation to different areas , such as education and training , employment , social inclusion , gender equality , social entrepreneurship , citizenship and democratic participation , environment and nature protection , climate action , disaster prevention , preparedness and recovery , solidarity agriculture and rural development , provision of food and non - food items , health and wellbeing , creativity and culture , physical education and sport , social assistance and welfare , reception and integration of third - country nationals , territorial cooperation and cohesion ;


### &#8220 ; solidarity activity&#8221 ; means an activity aimed at addressing unmet societal needs to the benefit of a community while also fostering the individual ' s personal , educational , social , civic and professional development , which may take the form of placements , projects or networking activities , developed in relation to different areas , such as education and training , employment , gender equality , entrepreneurship , in particular social entrepreneurship , citizenship and democratic participation , environment and nature protection , climate action , disaster prevention , preparedness and recovery , agriculture and rural development , provision of food and non - food items , health and wellbeing , creativity and culture , physical education and sport , social assistance and welfare , reception and integration of third - country nationals , territorial cooperation and cohesion ; ### &#8220 ; solidarity activity&#8221 ; means an activity aimed at addressing societal needs to the benefit of a community while also fostering the individual ' s personal , educational , social , civic and professional development , which may take the form of placements , projects or networking activities , developed in relation to different areas , such as education and training , employment , gender equality , social entrepreneurship , citizenship and democratic participation , environment and nature protection , climate action , disaster prevention , preparedness and recovery , agriculture and rural development , provision of food and non - food items , health and wellbeing , creativity and culture , physical education and sport , social assistance and welfare , reception and integration of third - country nationals , territorial cooperation and cohesion ;


### &#8220 ; solidarity activity&#8221 ; means an activity aimed at addressing unmet societal needs to the benefit of a community while also fostering the individual ' s personal , educational , social , civic and professional development , which may take the form of placements , projects or networking activities , developed in relation to different areas , such as education and training , employment , gender equality , entrepreneurship , in particular social entrepreneurship , citizenship and democratic participation , environment and nature protection , climate action , disaster prevention , preparedness and recovery , agriculture and rural development , provision of food and non - food items , health and wellbeing , creativity and culture , physical education and sport , social assistance and welfare , reception and integration of third - country nationals , territorial cooperation and cohesion ; ### &#8220 ; solidarity activity&#8221 ; means an activity aimed at addressing unmet societal needs to the benefit of a community and the society as a whole while also fostering the individual ' s personal , educational , social , civic and professional development , which may take the form of placements , projects or networking activities which have european and international added value and a transnational dimension , developed in relation to different areas , such as formal and non - formal education and training , youth work , employment , social inclusion , equality and anti - discrimination , gender equality , social entrepreneurship , citizenship and democratic participation , environment and nature protection , climate action , disaster prevention , preparedness and recovery , civic agriculture and rural development , provision of food and non - food items , health and wellbeing , creativity and culture , physical education and sport , social assistance and welfare , youth assistance , disabilities , solidarity between generations , reception and integration of third - country nationals , including asylum seekers and refugees , territorial cooperation and cohesion ;


### ' cultural goods ' means any object which is of importance for archaeology , prehistory , history , literature , art or science and which belongs to the categories listed in the table in annex and meets the minimum age threshold specified therein ; ### ' cultural goods ' means any object listed in the annex to regulation no&#160 ; 116 / 2009 of 18&#160 ; december 2008 ;


### since certain categories of cultural goods , namely archaeological objects , elements of monuments , rare manuscripts and incunabula are particularly vulnerable to pillage and destruction , it seems necessary to provide for a system of increased scrutiny before they may enter the customs territory of the union . such a system should require the presentation of a licence issued by the competent authority of the member state of entry prior to the release for free circulation of those goods or their placement under a special customs procedure other than transit . persons seeking to obtain such a licence should be able to prove licit export from the source country with the appropriate supportive documents and evidence , in particular , export certificates or licences issued by the third country of export , ownership titles , invoices , sales contracts , insurance documents , transport documents and experts appraisals . based on complete and accurate applications , the competent authorities of the member states should decide whether to issue a licence without undue delay . ### since certain categories of cultural goods , namely archaeological objects , elements of monuments , rare manuscripts and incunabula are particularly vulnerable to pillage and destruction , it seems necessary to provide for a system of increased scrutiny before they may enter the customs territory of the union . such a system should require the presentation of a licence issued by the competent authority of the first member state of entry prior to the release for free circulation of those goods or their placement under a special customs procedure other than transit . persons seeking to obtain such a licence should be able to prove that the cultural goods have been exported from the source country in accordance with its laws and regulations or to prove the absence of such laws and regulations . the licit export from the source country should be proved with the appropriate supportive documents and evidence , in particular , export certificates or export licences , ownership titles , invoices , sales contracts , insurance documents , transport documents and experts appraisals . based on complete and accurate applications , the competent authorities of the member states should decide whether to issue a licence without undue delay . in cases where the source country of the cultural goods cannot be reliably determined , the application should be accompanied by any supporting documents and information , providing evidence that the cultural goods were exported from the export country in accordance with its laws and regulations . the import of cultural goods that originate in conflict - affected or high - risk countries should always require the presentation of a licence issued by the competent authority of the first member state of entry . persons seeking to obtain such a licence should be able to prove that the cultural goods have been exported from the source country in accordance with its laws and regulations . the commission should establish , by means of implementing acts , a regularly updated list of conflict - affected and high - risk countries . the commission should call upon external expertise such as unesco and the international council of museums to provide for such list which should be based on the red lists published by icom , which classify the endangered categories of archaeological objects or works of art in the most vulnerable areas of the world in order to prevent them being sold or illegally exported .


### the commission may adopt , by means of implementing acts , the template for the importer statement as well as the procedural rules on the submission and processing of the importer statement . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 13 . ### the commission shall adopt , by means of implementing acts , the electronic standardised template for the importer statement as well as the procedural rules on the electronic submission and processing of the importer statement . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 13 .


### temporary admission of cultural goods for educational , scientific or academic research purposes should not be subject to the presentation of a licence or of a statement . ### temporary admission of cultural goods for educational , scientific or academic research purposes or for the purpose of cooperation between non - profit museums or public institutions should not be subject to the presentation of a licence or of a statement .


### the importer statement shall contain a declaration signed by the holder of the goods that the goods have been exported from the source country in accordance with its laws and regulations . however , where the export country is a contracting party to the unesco convention on cultural property , the importer statement shall contain a declaration signed by the holder of the goods that the goods have been exported from that country in accordance with its laws and regulations . ### the importer statement registered electronically shall contain a declaration signed by the holder of the goods stating that the goods have been exported from the source country in accordance with its laws and regulations .


### the commission may establish , by means of implementing acts , the template for the application for the import licence as well as the procedural rules on the submission and processing of such an application . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 13 . ### the commission shall establish , by means of implementing acts , the template for the importer declaration and for the application for the import licence as well as the procedural rules on the submission and processing of such an application . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 13 .


### the legality of export should be examined based on the laws and regulations of the country where the cultural goods were discovered or created . in order to avoid circumvention , when the cultural goods enter the union from a different third country , the person who seeks to introduce them into the customs territory of the union should demonstrate that they were exported from there legally , when the third country in question is a signatory state of the 1970 unesco convention and thus a country committed to fighting against illicit trafficking of cultural property . in other cases , the person should prove lawful export from the source country . ### the legality of export should be examined based on the laws and regulations of the country where the cultural goods were discovered or created . when the cultural goods enter the union from a different third country , the person who seeks to introduce them into the customs territory of the union should demonstrate that they were legally exported from the source country . in cases where the source country of the cultural goods cannot be reliably determined , the person who seeks to introduce them into the customs territory of the union should demonstrate that they were legally exported from the last country where they were held before their dispatch into the union in accordance with its laws and regulations .


### cultural heritage constitutes one of the basic elements of civilisation , it enriches the cultural life of all peoples and it should therefore be protected from unlawful appropriation and pillage . the union should accordingly prohibit the entry in the customs territory of the union of cultural goods unlawfully exported from third countries . ### cultural heritage constitutes one of the basic elements of civilization , it enriches the cultural life of all peoples and it unites us in shared memory knowledge and development of the humankind , therefore it should be protected from unlawful appropriation and pillage . targeting of cultural heritage is a serious crime that causes significant suffering to those immediately affected and beyond . the union should accordingly prohibit the entry in the customs territory of the union of cultural goods unlawfully exported from third countries .


### member states shall organise training and capacity building activities to ensure the effective implementation of this regulation by the authorities concerned . they may also use awareness - raising campaigns to sensitise in particular buyers of cultural goods . ### member states shall organise training and capacity building activities to ensure the effective implementation of this regulation by the authorities concerned . they shall also use awareness - raising campaigns and establish and make available easily accessible information points and hotlines to sensitise and inform in particular buyers of cultural goods and other stakeholders .


### an electronic system may be developed for the storage and the exchange of information between the authorities of the member states , in particular regarding importer statements and import licences . ### an electronic system shall be developed for the storage and the exchange of information between the authorities of the member states , in particular regarding importer statements and import licences .


### the importer statement shall include a standardised document describing the cultural goods in question in sufficient detail for them to be identified by the customs authorities . ### the importer statement shall include a standardised electronic document describing the cultural goods in question in sufficient detail for them to be identified by the customs authorities . in cases where the source country of the cultural goods cannot be reliably determined , the importer statement shall contain a declaration signed by the holder of the goods stating that the cultural goods were exported from the export country in accordance with its laws and regulations .


### the temporary admission , within the meaning of article 250 of regulation no 952 / 2013 , in the customs territory of the union of cultural goods for educational , scientific and academic research purposes ; ### the temporary admission , within the meaning of article 250 of regulation no 952 / 2013 , in the customs territory of the union of cultural goods for educational , scientific , restoration , conservation and academic research purposes and for the purpose of cooperation between museums or similar public non - profit institutions for the organization of cultural exhibitions . the cultural goods to be presented at commercial fairs and international art fairs shall not be subject to the presentation of an import licence or an importer statement . however , should the cultural goods be acquired and remain within the territory of the union , they shall be subject to the submission of an import licence in accordance with article 4 or the presentation of an importer statement in accordance with article 5 .


### the holder of the goods shall apply for an import licence to the competent authority of the member state of entry . the application shall be accompanied by any supporting documents and information substantiating that the cultural goods in question have been exported from the source country in accordance with its laws and regulations . however , where the export country is a contracting party to the unesco convention on the means of prohibiting and preventing the illicit import , export and transfer of ownership of cultural property signed in paris on 14 november 1970 , the application shall be accompanied by any supporting documents and information substantiating that the cultural goods have been exported from that country in accordance with its laws and regulations . ### the holder of the cultural goods listed in the previous paragraph shall apply for an import licence to the competent authority of the first member state of entry . the application shall be accompanied by any supporting documents and information substantiating that the cultural goods in question have been exported from the source country in accordance with its laws and regulations or in the absence of such laws and regulations . in cases where the source country of the cultural goods cannot be reliably determined , the application shall be accompanied by any supporting documents and information , providing evidence that the cultural goods were exported from the export country in accordance with its laws and regulations .


### the release for free circulation and the placing under a special procedure other than transit in the union of the cultural goods referred to in points , , , , , , , and of the annex shall be subject to the submission of an importer statement to the customs authorities of the member state of entry . ### the release for free circulation and the placing under a special procedure other than transit in the union of the cultural goods referred to in points , , , , , , , and of the annex shall be subject to the submission of an electronic importer statement to the customs authorities of the first member state of entry .


### the release for free circulation and the placing under a special procedure other than transit in the union of the cultural goods referred to in points , , , , , , , and of the annex shall be subject to the submission of an importer statement to the customs authorities of the member state of entry . ### the importation of the cultural goods referred to in the annex and not covered by article 4 shall be subject to the submission of an importer statement to the customs authorities of the member state of entry .


### actions which are not ethically acceptable may be rejected or terminated at any time . ### actions which are not ethically acceptable may be rejected , restrained or terminated at any time .


### in certain circumstances , if this is necessary for achieving the objectives of the action , it should be possible to derogate from the principle that recipients and their subcontractors should not be subject to control by non - associated third countries or non - associated third country entities . in that perspective , legal entities established in the union that are controlled by a non - associated third country or a non - associated third country entity can be eligible if relevant and strict conditions relating to the security and defence interests of the union and its member states are fulfilled . the participation of such entities should not contravene the objectives of the fund . applicants should provide all relevant information about the infrastructure , facilities , assets and resources to be used in the action . ### in certain circumstances , if this is necessary for achieving the objectives of the action , it should be possible to derogate from the principle that recipients and their subcontractors should not be subject to control by non - associated third countries or non - associated third country entities . in that perspective , legal entities established in the union that are controlled by a non - associated third country can be eligible if relevant and strict conditions relating to the security and defence interests of the union and its member states are fulfilled . since the defence sector represents a particularly sensitive domain with considerable implications for the security and technological autonomy of the union , member states should apply at national level measures apt to ensure a uniform degree of control over the beneficiaries’ activity , being them controlled by an entity established in the european union or in a third country . in all cases , the participation of such entities should not contravene the objectives of the fund . applicants should provide all relevant information about the infrastructure , facilities , assets and resources to be used in the action .


### unless otherwise provided for in the work programme referred to in article 27 , the action shall be undertaken in a cooperation of at least three legal entities which are established in at least three different member states and / or associated countries . at least three of these eligible entities established in at least two member states and / or associated countries shall not , during the whole implementation of the action , be effectively controlled , directly or indirectly , by the same entity , and shall not control each other . ### the action shall be undertaken in a cooperation with a consortium of at least three legal entities which are established in at least three different member states and / or associated countries . every consortium that includes legal entities from an associated country shall also include at least two legal entities from two different member states . at least three of these eligible entities established in at least two member states and / or associated countries shall not , during the whole implementation of the action , be effectively controlled , directly or indirectly , by the same entity , and shall not control each other .


### the control over the applicant will not be exercised in a manner that restricts in any way its ability to perform and complete the action ; ### conditions set under paragraph 10 , a ) , b ) and c ) are fulfilled ;


### the development of digital technologies and internet has transformed the distribution of and access to television and radio programmes . users increasingly expect to have access to television and radio programmes both live and on - demand , using traditional channels such as satellite or cable and also through online services . broadcasting organisations are therefore increasingly offering , in addition to their own broadcasts of television and radio programmes , online services ancillary to their broadcast , such as simulcasting and catch - up services . retransmission services operators , which aggregate broadcasts of television and radio programmes into packages and provide them to users simultaneously to the initial transmission of the broadcast , unaltered and unabridged , use various techniques of retransmission such as cable , satellite , digital terrestrial , closed circuit ip - based or mobile networks as well as the open internet . on the part of users , there is a growing demand for access to broadcasts of television and radio programmes not only originating in their member state but also in other member states of the union , including from members of linguistic minorities of the union as well as from persons who live in another member state than their member state of origin . ### the development of digital technologies and of the online marketplace is transforming the distribution of , and access to , television and radio programmes . users increasingly expect to have access to television and radio programmes both live and on - demand , using traditional channels such as satellite or cable and also through online services . broadcasting organisations are therefore increasingly offering , in addition to their own broadcasts of television and radio programmes , online services ancillary to their broadcast , such as simulcasting and catch - up services , in order to broaden their standard programming . retransmission services operators , which aggregate broadcasts of television and radio programmes into packages and provide them to users simultaneously to the initial transmission of the broadcast , unaltered and unabridged , use various techniques of retransmission such as cable , satellite , digital terrestrial , closed circuit ip - based or mobile networks as well as the open internet . on the part of users , there is a growing demand for access to broadcasts of television and radio programmes not only originating in their member state but also in other member states of the union , including from members of linguistic minorities of the union as well as from persons who live in a member state other than their member state of origin .


### operators of retransmission services , that normally offer multiple programmes which use a multitude of works and other protected subject matter included in the retransmitted television and radio programmes , have a very short time - frame for obtaining the necessary licences and hence also face a significant rights clearing burden . there is also a risk for right holders of having their works and other protected subject matter exploited without authorisation or payment of remuneration . ### operators of retransmission services that normally offer multiple programmes which use a multitude of works and other protected subject matter included in the retransmitted television and radio programmes , have the possibility , in the context of contractual freedom , of obtaining necessary licences and thereby guaranteeing right holders the necessary equitable remuneration they need so that they can continue to offer a wide variety of content , also in the consumer ' s interest .


### when fixing the amount of the payment to be made for the rights subject to the country of origin principle as set out in paragraph 1 , the parties shall take into account all aspects of the ancillary online service such as the features of the ancillary online service , the audience , and the language version . ### when fixing the amount of the payment to be made for the rights subject to the country of origin principle as set out in paragraph 1 , the parties shall take into account all aspects of the ancillary online service . this should include the features of the ancillary online service , the audience in the member state in which the broadcaster has its principal establishment , as well as the audience in other member states in which the online service is being used , and the different language versions .