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


### liquid renewable fuels are likely to be required by the transport sector in order to reduce its greenhouse gas emissions . advanced biofuels , such as those made from wastes and algae , provide high greenhouse gas emission savings , with low risk of causing indirect land - use change , and do not compete directly for agricultural land for the food and feed markets . it is appropriate , therefore , to encourage greater production of such advanced biofuels as they are currently not commercially available in large quantities , in part due to competition for public subsidies with established food crop - based biofuel technologies . each member state should promote the consumption of such advanced biofuels , through setting non - legally binding sub - targets at national level within the obligation of ensuring that the share of energy from renewable sources in all forms of transport in 2020 is at least 10 % of the final consumption of energy in transport in that member state . it is also appropriate for member states to report on their achievements towards such national sub - targets in 2020 , a synthesis report of which should be published , in order to assess the effectiveness of the measures introduced by this directive in reducing the risk of indirect land - use change greenhouse gas emissions through the promotion of advanced biofuels . such advanced biofuels and their promotion are expected to continue to play an important role in the decarbonisation of transport and the development of low - carbon transport technologies beyond that date . ### liquid renewable fuels are likely to be required by the transport sector in order to reduce its greenhouse gas emissions . advanced biofuels , such as those made from wastes and algae , provide high greenhouse gas emission savings , with low risk of causing indirect land - use change , and do not compete directly for agricultural land for the food and feed markets . it is appropriate , therefore , to encourage greater production of such advanced biofuels as they are currently not commercially available in large quantities , in part due to competition for public subsidies with established food crop - based biofuel technologies . each member state should ensure that they meet the target for such advanced biofuels at 1 % set out in this directive , within the obligation of ensuring that the share of energy from renewable sources in all forms of transport in 2020 is at least 10 % of the final consumption of energy in that member state . it is also appropriate for member states to report on their achievements towards the sub - target for advanced biofuels in 2020 , a synthesis report of which should be published , in order to assess the effectiveness of the measures introduced by this directive in reducing the risk of indirect land - use change greenhouse gas emissions through the promotion of advanced biofuels . such advanced biofuels and their promotion are expected to continue to play an important role in the decarbonisation of transport and the development of low - carbon transport technologies beyond that date .


### biomass fraction of industrial waste not fit for use in the food or feed chain , including material from retail and wholesale and the agro - food and fish and aquaculture industry , and excluding feedstocks listed in part b of this annex . ### biodegradable fraction of industrial , retail and wholesale waste , but not waste subject to separate collection under article 11 of directive 2008 / 98 / ec , and provided that the waste hierarchy and the principle of cascading use are respected


### in order to ensure the long - term competitiveness of bio - based industrial sectors , and in line with the commission communication of 13 february 2012 entitled ' innovating for sustainable growth : a bioeconomy for europe ' and the commission communication of 20 september 2011 entitled ' roadmap to a resource efficient europe ' , promoting integrated and diversified biorefineries across europe , enhanced incentives under directive 2009 / 28 / ec should be set in a way that gives preference to the use of biomass feedstocks that do not have a high economic value for uses other than biofuels . ### in order to ensure the long - term competitiveness of bio - based industrial sectors , and in line with the 2012 communication ' innovating for sustainable growth : a bioeconomy for europe ' and the roadmap to a resource efficient europe , promoting integrated and diversified biorefineries across europe , enhanced incentives under directive 2009 / 28 / ec should be set in a way that gives preference to the use of biomass feedstocks that do not have a high economic value for other uses than biofuels or which do not impact on the environment in such a way as to compromise local ecosystems by depriving food crops of land and water .


### ' for the calculation of biofuels in the numerator , the share of energy from biofuels produced from cereal and other starch rich crops , sugars and oil crops shall be no more than 7 % of the final consumption of energy in transport in the member states in 2020 ; ### ‘ for the calculation of biofuels in the numerator , the share of energy from biofuels produced from cereal and other starch - rich crops , sugars and oil crops and other energy crops grown on land shall be no more than 6 % of the final consumption of energy in transport in the member states in 2020 ;


### for the purposes of article 17 , the greenhouse gas emission saving from the use of biofuel and bioliquids shall be calculated as follows : where a default value for greenhouse gas emission saving for the production pathway is laid down in part a or b of annex v and where the el value for those biofuels or bioliquids calculated in accordance with point 7 of part c of annex v is equal to or less than zero , by using that default value ; by using an actual value calculated in accordance with the methodology laid down in part c of annex v ; or by using a value calculated as the sum of the factors of the formula referred to in point 1 of part c of annex v , where disaggregated default values in part d or e of annex v may be used for some factors , and actual values , calculated in accordance with the methodology laid down in part c of annex v , for all other factors . ### paragraph 1 is replaced by the following : “1 . for the purposes of article 17 , the greenhouse gas emission saving from the use of biofuels and bioliquids shall be calculated as follows : where a default value for greenhouse gas emission saving for the production pathway is laid down in part a or b of annex v and where the el value for those biofuels or bioliquids calculated in accordance with point 7 of part c of annex v is equal to or less than zero , and where the estimated indirect land - use change emissions are zero in accordance with part b of annex viii , by using that default value ; by using an actual value calculated in accordance with the methodology laid down in part c of annex v adding the estimates for indirect land - use change emissions set out in annex viii ; by using a value calculated as the sum of the factors of the formula referred to in point 1 of part c of annex v , where disaggregated default values in part d or e of annex v may be used for some factors , and actual values , calculated in accordance with the methodology laid down in part c of annex v , for all other factors , adding the estimates for indirect land - use change emissions set out in annex viii . for the purposes of art 17 from 2020 onwards the lifecycle greenhouse gas emissions from biofuels shall be calculated by adding the respective value in annex v to the result obtained pursuant to the first subparagraph . ”


### where pasture or agricultural land previously destined for food and feed markets is diverted to biofuel production , the non - fuel demand will still need to be satisfied either through intensification of current production or by bringing non - agricultural land into production elsewhere . the latter case constitutes indirect land - use change and when it involves the conversion of land with high carbon stock it can lead to significant greenhouse gas emissions . directives 98 / 70 / ec and 2009 / 28 / ec should therefore be amended to include provisions to address indirect land - use change given that current biofuels are mainly produced from crops grown on existing agricultural land . ### where pasture or agricultural land previously destined for food and feed markets is diverted to biofuel production , the non - fuel demand will still need to be satisfied either through intensification of current production or by bringing non - agricultural land into production elsewhere . the latter case constitutes indirect land - use change and when it involves the conversion of land with high carbon stock it can lead to significant greenhouse gas emissions . directives 98 / 70 / ec and 2009 / 28 / ec should therefore be amended to include provisions to address indirect land - use change given that current biofuels are mainly produced from crops grown on existing agricultural land . the provisions to address the impact of indirect land - use change on greenhouse gas emissions should take due account of the need to protect investments already made .


### for the purposes of article 17 , the greenhouse gas emission saving from the use of biofuel and bioliquids shall be calculated as follows : where a default value for greenhouse gas emission saving for the production pathway is laid down in part a or b of annex v and where the el value for those biofuels or bioliquids calculated in accordance with point 7 of part c of annex v is equal to or less than zero , by using that default value ; by using an actual value calculated in accordance with the methodology laid down in part c of annex v ; or by using a value calculated as the sum of the factors of the formula referred to in point 1 of part c of annex v , where disaggregated default values in part d or e of annex v may be used for some factors , and actual values , calculated in accordance with the methodology laid down in part c of annex v , for all other factors . ### paragraph 1 is replaced by the following : ' 1 . for the purposes of article 17 , the greenhouse gas emission saving from the use of biofuels and bioliquids shall be calculated as follows : where a default value for greenhouse gas emission saving for the production pathway is laid down in part a or b of annex v and where the el value for those biofuels or bioliquids calculated in accordance with point 7 of part c of annex v is equal to or less than zero , and where the estimated indirect land - use change emissions are zero in accordance with part b of annex viii , by using that default value ; by using an actual value calculated in accordance with the methodology laid down in part c of annex v adding the estimates for indirect land - use change emissions set out in annex viii ; by using a value calculated as the sum of the factors of the formula referred to in point 1 of part c of annex v , where disaggregated default values in part d or e of annex v may be used for some factors , and actual values , calculated in accordance with the methodology laid down in part c of annex v , for all other factors , adding the estimates for indirect land - use change emissions set out in annex viii . '


### ' the production pathways , volumes and the life cycle greenhouse gas emissions per unit of energy , including the provisional mean values of the estimated indirect land use change emissions and the associated range derived from the sensitivity analysis as per annex v , of the biofuels consumed in the union . the commission shall make data on provisional estimated indirect land use change emissions and the associated range derived from the sensitivity analysis publicly available . ' . ### ‘ the production pathways , volumes and the life cycle greenhouse gas emissions per unit of energy , including the estimated indirect land - use change emissions as per annex v , of the biofuels consumed in the union . the commission shall make data on estimated indirect land - use change emissions publicly available . ’ .


### the estimated indirect land use change emissions should be included in the reporting by the commission of greenhouse gas emissions from biofuels under directives 98 / 70 / ec and 2009 / 28 / ec . biofuels made from feedstocks that do not lead to additional demand for land , such as those from waste feedstocks , should be assigned a zero emissions factor . ### the estimated indirect land use change emissions should be counted towards the target in article 7a of directive 98 / 70 / ec in order to provide incentives for those biofuels with low indirect land - use change impacts and to ensure the accuracy and credibility of the reduction target for life cycle greenhouse gas emissions . it should also be included in the reporting of greenhouse gas emissions from biofuels under directives 98 / 70 / ec and 2009 / 28 / ec . biofuels made from feedstocks that do not lead to additional demand for land , such as those from waste feedstocks , should be assigned a zero emissions factor .


### annex ix part a . feedstocks and fuels , the contribution of which towards the target referred to in article 3 shall be considered to be twice their energy content algae if cultivated on land in ponds or photobioreactors ; b ) biomass fraction of mixed municipal waste , but not separated household waste subject to recycling targets under point of article 11 of directive 2008 / 98 / ec ; c ) bio - waste as defined in article 3 of directive 2008 / 98 / ec from private households subject to separate collection as defined in article 3 of that directive . d ) biomass fraction of industrial waste not fit for use in the food or feed chain , including material from retail and wholesale and the agro - food and fish and aquaculture industry , and excluding feedstocks listed in part b of this annex ; e ) straw ; f ) animal manure and sewage sludge ; g ) palm oil mill effluent and empty palm fruit bunches ; h ) tall oil pitch ; crude glycerine ; j ) bagasse ; k ) grape marcs and wine lees ; l ) nut shells ; m ) husks ; n ) cobs cleaned of kernels of corn ; o ) biomass fraction of wastes and residues from forestry and forest - based industries , i . e . bark , branches , pre - commercial thinnings , leaves , needles , tree tops , saw dust , cutter shavings , black liquor , brown liquor , fibre sludge , lignin and tall oil ; p ) other non - food cellulosic material as defined in point of the second paragraph of article 2 ; q ) other ligno - cellulosic material as defined in point of the second paragraph of article 2 except saw logs and veneer logs ; r ) renewable liquid and gaseous fuels of non - biological origin . ________________ * regulation no 1069 / 2009 of the european parliament and of the council of 21 october 2009 laying down health rules as regards animal by - products and derived products not intended for human consumption and repealing regulation no 1774 / 2002 . ' . ### annex ix list of advanced biofuels the biofuel coming from the following feedstocks will be considered advanced biofuels : algae ; b ) biomass fraction of mixed municipal waste , but not separated household waste subject to recycling targets under article 11 of directive 2008 / 98 / ec of 19 november 2008 on waste and repealing certain directives ; d ) biomass fraction and biodegradable fraction of industrial waste ; e ) straw ; f ) livestock manure and sewage sludge ; g ) palm oil mill effluent and empty palm fruit bunches ; h ) processing residues from pulp and paper industry such as black liquor , crude sulphate soap , crude tall oil and tall oil pitch ; crude glycerine ; j ) bagasse ; k ) grape marcs and wine lees ; l ) nut shells ; m ) husks ; n ) cobs ; o ) bark , branches , thinnings , leaves , saw dust and cutter shavings ; oa ) animal fats classified as category i , ii and iii in accordance with ec / 1774 / 2002 laying down health rules concerning animal by - products not intended for human consumption** ; p ) non - food cellulosic material ; q ) ligno - cellulosic material except saw logs and veneer logs ; qa ) triglycerides , free fatty acids and fatty distillates and off - specification oils from oleochemical , biodiesel , vegetable oil refining , food processing and animal fat rendering industries qb ) animal fats not intended for human consumption qc ) technical corn oil qd ) waste fat from fish processing industry . r ) renewable liquids and gaseous fuels of non - biological origin . ________________ * oj l 273 , 10 . 10 . 2002 , p . 1


### ' 4 . in reporting on greenhouse gas emission savings from the use of biofuels and bioliquids , the commission shall use the amounts reported by member states in accordance with point of article 22 , including the provisional mean values of the estimated indirect land use change emissions and the associated range derived from the sensitivity analysis referred to in annex viii . the commission shall make data on provisional estimated indirect land use change emissions and the associated range derived from the sensitivity analysis publicly available . in addition , the commission shall evaluate whether and how the estimate for direct emission savings would change if co products were accounted for using the substitution approach . ' ; ### ' 4 . in reporting on greenhouse gas emission savings from the use of biofuels and bioliquids , the commission shall use the amounts reported by member states in accordance with point of article 22 , including the estimated indirect land use change emissions as set out in annex viii . the commission shall make data on estimated indirect land use change emissions publicly available . in addition , the commission shall evaluate whether and how the estimate for direct emission savings would change if co products were accounted for using the substitution approach . ' ;


### distinctions in estimated indirect land - use change emissions arise from the different data inputs and key assumptions on agricultural developments such as trends in agricultural yields and productivity , co - product allocation and observed global land - use change and deforestation rates , which are not under the control of biofuel producers . while most biofuel feedstocks are produced in the union , the estimated indirect land - use change emissions are mostly expected to take place outside the union , in areas where the additional production is likely to be realised at the lowest cost . in particular , assumptions with regard to the conversion of tropical forests and peat land drainage outside the union strongly influence the estimated indirect land - use change emissions associated with biodiesel production from oil crops , and as such it is most important to ensure that such data and assumptions are reviewed in line with the latest available information on land conversion and deforestation , including capturing any progress made in those areas through ongoing international programmes . ### distinctions in estimated indirect land - use change emissions arise from the different data inputs and key assumptions on agricultural developments such as trends in agricultural yields and productivity , co - product allocation and observed global land - use change and deforestation rates , which are not under the control of biofuel producers . it is most important to ensure that such data and assumptions are reviewed in line with the latest available scientific information on land conversion and deforestation , including capturing any progress made in those areas through ongoing international programmes .


### for the purpose of compliance with the targets referred to in the first subparagraph of this paragraph , the maximum joint contribution from biofuels and bioliquids produced from cereal and other starch - rich crops , sugars and oil crops shall be no more than the energy quantity corresponding to the maximum contribution as set out in paragraph 4 . ### for the purpose of compliance with the targets referred to in the first subparagraph of this paragraph , the maximum joint contribution from biofuels and bioliquids produced from cereal and other starch - rich crops , sugars and oil crops shall be no more than the energy quantity corresponding to the maximum contribution as set out in paragraph 4 , unless they are ' low indirect land use change risk biofuels and bioliquids '


### to prepare for the transition towards advanced biofuels and minimise the overall indirect land - use change impacts in the period to 2020 , it is appropriate to limit the amount of biofuels and bioliquids obtained from food crops as set out in part a of annex viii to directive 2009 / 28 / ec and part a of annex v to directive 98 / 70 / ec , that can be counted towards targets set out in directive 2009 / 28 / ec , without restricting the overall use of such biofuels and bioliquids . ### to prepare for the increased use of advanced biofuels and minimise the overall indirect land use change impacts in the period to 2020 , it is appropriate to establish mandatory targets for advanced biofuels to be phased in gradually and according to a timetable that will provide predictability and stability for investors and to limit the amount of biofuels and bioliquids obtained from food crops that can be counted towards targets set out in directive 2009 / 28 / ec . without restricting the overall use of such biofuels , the share of biofuels and bioliquids produced from cereal and other starch rich crops , sugar and oil crops that can be counted towards the 10% target for transport set in directive 2009 / 28 / ec should be limited by introducing a 6 . 5% cap on such biofuels and bioliquids in 2020 . 1% out of the 10% target could be achieved by counting the use of renewable energy in electric transport or the use of hydrogen in transport .


### yield increases in agricultural sectors through intensified research , technological development and knowledge transfer beyond levels which would have prevailed in the absence of productivity - promoting schemes for food and feed crop - based biofuels , as well as the cultivation of a second annual crop on areas which were previously not used for growing a second annual crop , can contribute to mitigating indirect land - use change . to the extent that the resulting indirect land - use change mitigation effect at national or project level can be quantified , measures introduced by this directive could reflect such productivity improvements both in terms of reduced estimated indirect land - use change emission values and the contribution of food and feed crop - based biofuels towards the share of energy from renewable sources in transport to be achieved in 2020 . ### yield increases in agricultural sectors through intensified research , technological development and knowledge transfer beyond levels which would have prevailed in the absence of productivity - promoting schemes for food and feed crop - based biofuels , as well as the cultivation of a second annual crop on areas which were previously not used for growing a second annual crop , can contribute to mitigating the risks of indirect land - use change .


### the estimated indirect land - use change emissions should be included in the reporting by the commission of greenhouse gas emissions from biofuels under directives 98 / 70 / ec and 2009 / 28 / ec . biofuels made from feedstocks that do not lead to additional demand for land , such as those from waste feedstocks , should be assigned a zero emissions factor . ### the provisional estimated indirect land - use change emissions should be included in the reporting by the commission of greenhouse gas emissions from biofuels under directives 98 / 70 / ec and 2009 / 28 / ec . biofuels made from feedstocks that do not lead to additional demand for land , such as those from waste feedstocks , should be assigned a zero emissions factor .


### the estimated indirect land - use change emissions should be included in the reporting by the commission of greenhouse gas emissions from biofuels under directives 98 / 70 / ec and 2009 / 28 / ec . biofuels made from feedstocks that do not lead to additional demand for land , such as those from waste feedstocks , should be assigned a zero emissions factor . ### the commission ' s impact assessment has shown that the models used to estimate the indirect land - use change emissions of biofuels production deliver results with significant variations , limitations and uncertainties . the results of modelling emissions from indirect land - use change are therefore still too uncertain to be included in legislation . the commission should , before 31 december 2015 , submit a report to the european parliament , incorporating experience from iluc - models implemented in other countries and developed in close corporation with all relevant stakeholders , on progress as regards the robustness and reliability of scientific evidence for the use of indirect land use change factors ; the report should , if appropriate , be accompanied by a legislative proposal introducing a requirement for fuel suppliers to regularly report on the estimated indirect land - use change emissions of the biofuels they market , based on iluc factors and with effect from september 2016 .


### member states shall seek to achieve the objective of a minimum proportion of biofuels produced from feedstocks and other fuels , listed in part a of annex ix , being consumed on their territory . to that effect , each member state shall set a national target , which it shall endeavour to achieve . a reference value for this target is 0 , 5 percentage points in energy content of the share of energy from renewable sources in all forms of transport in 2020 referred to in the first subparagraph , to be met with biofuels produced from feedstocks and other fuels , listed in part a of annex ix , and which shall be considered to be twice their energy content in accordance with point of this subparagraph and part a of annex ix . in addition , biofuels made from feedstocks not listed in annex ix that were determined to be wastes , residues , non - food cellulosic material or ligno - cellulosic material by the competent national authorities and are used in existing installations prior to the adoption of directive 2014 / … / eu + of the european parliament and of the council* , may be counted towards the national target . member states may set a national target lower than the reference value of 0 , 5 percentage points , based on one or more of the following grounds : objective factors such as the limited potential for the sustainable production of biofuels produced from feedstocks and other fuels , listed in part a of annex ix , or the limited availability of such biofuels at cost - efficient prices on the market , taking into account the assessment contained in the commission report referred to in article&#160 ; 3 of directive&#160 ; 2014 / &#8230 ; / eu + ; the specific technical or climatic characteristics of the national market for transport fuels , such as the composition and condition of the road vehicle fleet ; or national policies allocating commensurate financial resources to incentivising the use of electricity from renewable energy sources in transport . the commission shall publish : – the national targets of the member states and , where applicable , the grounds for differentiation of their national target as compared to the reference value , notified in accordance with article 4 of directive 2014 / … / eu + ; – a synthesis report on member states ' achievements towards their national targets . ; __________________ + oj : please insert the number of this directive . ### member states shall ensure that a minimum proportion of biofuels produced from feedstocks and other fuels , listed in part a of annex ix , is consumed on their territory . to that effect , each member state shall set a national target . this target is 2 , 5 percentage points in energy content of the share of energy from renewable sources in all forms of transport in 2020 . in addition , biofuels made from feedstocks not listed in annex ix that were determined to be wastes , residues , non - food cellulosic material or ligno - cellulosic material by the competent national authorities and are used in existing installations prior to the adoption of directive 2014 / … / eu + of the european parliament and of the council* , may be counted towards the national target .


### where pasture or agricultural land previously destined for food and feed markets is diverted to biofuel production , the non - fuel demand will still need to be satisfied either through intensification of current production or by bringing non - agricultural land into production elsewhere . the latter case constitutes indirect land - use change and when it involves the conversion of land with high carbon stock it can lead to significant greenhouse gas emissions . directives 98 / 70 / ec and 2009 / 28 / ec should therefore be amended to include provisions to address indirect land - use change given that current biofuels are mainly produced from crops grown on existing agricultural land . ### where pasture or agricultural land previously destined for food and feed markets is diverted to biofuel production , the non - fuel demand will still need to be satisfied either through intensification of current production or by bringing non - agricultural land into production elsewhere . the latter case constitutes indirect land - use change and when it involves the conversion of land with high carbon stock it can lead to significant greenhouse gas emissions .


### a member state may notify its national scheme to the commission . the commission shall give priority to the assessment of such a scheme . a decision on the compliance of such a notified national scheme with the conditions set out in this directive shall be adopted in accordance with the examination procedure referred to in article 11 , in order to facilitate mutual bilateral and multilateral recognition of schemes for verification of compliance with the sustainability criteria for biofuels . where the decision is positive , schemes established in accordance with this article shall not refuse mutual recognition with that member state ' s scheme . ### member states and voluntary schemes shall recognise schemes for verification of compliance with the sustainability criteria for biofuels and bioliquids in accordance with this directive . a member state or voluntary scheme may refuse to recognise a scheme only when it has well - founded doubts about its accuracy , reliability or veracity . the member state or voluntary scheme shall notify the commission of such refusal and its justification . if the commission finds that a refusal to recognise a scheme is unfounded , the commission may adopt a decision requiring the member state or voluntary scheme in question to recognise it .


### ' low indirect land - use change - risk biofuels and bioliquids ' means biofuels and bioliquids , the feedstocks of which are not listed in part a of annex viii , or are listed in part a of annex viii , but were produced within schemes which reduce the displacement of production for purposes other than for making biofuels and bioliquids and which were produced in accordance with the sustainability criteria for biofuels and bioliquids laid down in article 17 . only the amount of feedstock which corresponds to the actual reduction in displacement achieved through the scheme may be considered . such schemes may either operate as individual projects at a local level or as policy measures covering partly or entirely the territory of a member state or a third country . displacement of production for purposes other than for making biofuels and bioliquids can be reduced if the scheme achieves productivity increases within the area it covers beyond levels which would have prevailed in the absence of such productivity - promoting schemes . ### ' low indirect land - use change - risk biofuels ' means biofuels , the feedstocks of which are not listed in part a of annex viii , or are listed in part a of annex viii , but were produced within schemes which offset indirect land use change emissions resulting from actions that reduce the demand for agricultural land and / or increase the efficiency of agro - forestry product chains or which reduce the displacement of production for purposes other than for making biofuels and which were produced in accordance with the sustainability criteria for biofuels laid down in article 17 . only the amount of feedstock which corresponds to the actual reduction in displacement achieved through the scheme may be considered . such schemes may either operate as individual projects at a local level or as policy measures covering partly or entirely the territory of a member state or a third country . displacement of production for purposes other than for making biofuels can be reduced if the scheme achieves productivity increases within the area it covers beyond levels which would have prevailed in the absence of such productivity - promoting schemes ;


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


### member states shall seek to achieve the objective of a minimum proportion of biofuels produced from feedstocks and other fuels , listed in part a of annex ix , being consumed on their territory . to that effect , each member state shall set a national target , which it shall endeavour to achieve . a reference value for this target is 0 , 5 percentage points in energy content of the share of energy from renewable sources in all forms of transport in 2020 referred to in the first subparagraph , to be met with biofuels produced from feedstocks and other fuels , listed in part a of annex ix , and which shall be considered to be twice their energy content in accordance with point of this subparagraph and part a of annex ix . in addition , biofuels made from feedstocks not listed in annex ix that were determined to be wastes , residues , non - food cellulosic material or ligno - cellulosic material by the competent national authorities and are used in existing installations prior to the adoption of directive 2014 / … / eu + of the european parliament and of the council* , may be counted towards the national target . member states may set a national target lower than the reference value of 0 , 5 percentage points , based on one or more of the following grounds : objective factors such as the limited potential for the sustainable production of biofuels produced from feedstocks and other fuels , listed in part a of annex ix , or the limited availability of such biofuels at cost efficient prices on the market , taking into account the assessment contained in the commission report referred to in article 3 of directive 2014 / &#8230 ; / eu . the specific technical or climatic characteristics of the national market for transport fuels , such as the composition and condition of the road vehicle fleet ; or national policies allocating commensurate financial resources to incentivising the use of electricity from renewable energy sources in transport . the commission shall publish : – the national targets of the member states and , where applicable , the grounds for differentiation of their national target as compared to the reference value , notified in accordance with article 4 of directive 2014 / … / eu + ; – a synthesis report on member states ' achievements towards their national targets . ; __________________ + oj : please insert the number of this directive . ### member states shall achieve the objective of a minimum proportion of biofuels produced from feedstocks and other fuels , listed in part a of annex ix , being consumed on their territory . the share of energy from advanced biofuels listed in part a of annex ix shall be no less than 2% of the final consumption of energy in transport in 2020 .


### in order to ensure the long - term competitiveness of bio - based industrial sectors , and in line with the commission communication of 13 february 2012 entitled ‘ innovating for sustainable growth : a bioeconomy for europe’ and the commission communication of 20 september 2011 entitled ‘ roadmap to a resource efficient europe’ , promoting integrated and diversified biorefineries across europe , enhanced incentives under directive 2009 / 28 / ec should be set in a way that gives preference to the use of biomass feedstocks that do not have a high economic value for uses other than biofuels . ### in order to ensure the long - term competitiveness of bio - based industrial sectors , and in line with the 2012 communication ‘ innovating for sustainable growth : a bioeconomy for europe’ and the roadmap to a resource efficient europe , promoting integrated and diversified biorefineries across europe , enhanced incentives under directive 2009 / 28 / ec should be set in a way that gives preference to the use of biomass feedstocks that do not have a high economic value for other uses than biofuels or which do not impact on the environment in such a way as to compromise local ecosystems by depriving food crops of land and water .


### for engines of the category nre , member states shall authorise an extension of the transition period and the 12 - months period referred to in the first sub - paragraph by an additional 12 months for oem ' s with a total yearly production of fewer than 50 units of non - road mobile machinery equipped with combustion engines . for the purposes of the calculation of the total yearly production referred to in this paragraph , all oem ' s under the control of the same natural or legal person shall be considered to be a single oem . ### for engines of the category nre , member states shall authorise an extension of the transition period and the 12 - months period referred to in the first sub - paragraph by an additional 12 months for oem ' s with a total yearly production of fewer than 100 units of non - road mobile machinery equipped with combustion engines . for the purposes of the calculation of the total yearly production referred to in this paragraph , all oem ' s under the control of the same natural or legal person shall be considered to be a single oem .


### without prejudice to articles 5 and 17 , transition engines and , where applicable , the machinery in which those transition engines are installed may continue to be placed on the market during the transition period on condition that the machine in which the transition engine is installed has a production date prior to 1 year after the start of the transition period . ### without prejudice to articles 5 and 17 , transition engines and , where applicable , the machinery in which those transition engines are installed may continue to be placed on the market during the transition period on condition that the machine in which the transition engine is installed has a production date prior to 18 months after the start of the transition period .


### strengthening the rule of law , including the fight against corruption and organised crime , and good governance , including public administration reform , remain key challenges in most of the beneficiaries listed in annex i and are essential in order for beneficiaries to come closer to the union and later to fully assume the obligations of union membership . in view of the longer - term nature of the reforms pursued in those areas and the need to build up track records , financial assistance under this regulation should address the requirements placed on the beneficiaries listed in annex i as early as possible . ### strengthening the rule of law , including the fight against corruption , money laundering and organised crime , and good governance , including public administration reform , public procurement , competition , state - aid , intellectual property and foreign investments , remain key challenges in most of the beneficiaries listed in annex i and are essential in order for beneficiaries to come closer to the union and later to fully assume the obligations of union membership . in view of the longer - term nature of the reforms pursued in those areas and the need to build up track records , financial assistance under this regulation should address the requirements placed on the beneficiaries listed in annex i as early as possible .


### member states shall appoint entities or persons responsible for the performance of guardians ' tasks and for supervising and monitoring at regular intervals that guardians perform their tasks in a satisfactory manner . those entities or persons shall review complaints lodged by unaccompanied minors against their guardian . ### 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 . to this end , unaccompanied minors shall be given information in a concise , transparent , intelligible and easily accessible form , using clear and plain language both orally and in a visual form , in a child - friendly manner and in a language they understand , about who these entities or persons are and how to file complaints against their guardians in confidence and safety .


### medical examinations may be used to determine the age of unaccompanied minors within the framework of the examination of an application where , following statements by the applicant or other relevant indications including a psychosocial assessment , there are doubts as to whether or not the applicant is under the age of 18 . where the result of the medical examination is not conclusive , or includes an age - range below 18 years , member states shall assume that the applicant is a minor . ### medical examinations may be used , as a measure of last resort , to determine the age of unaccompanied minors within the framework of the examination of an application where , following statements by the applicant or other relevant indications including a psychosocial assessment , there are grounds for serious doubt as to whether or not the applicant is under the age of 18 and other approaches , such as attempts to gather documentary evidence , and other age assessment procedures that member states may have decided to undertake have failed to determine the age of the applicant . where the result of the medical examination is not conclusive , or includes an age - range below 18 years , member states shall assume that the applicant is a minor .


### many applications for international protection are made at the border or in a transit zone of a member state prior to a decision on the entry of the applicant . member states should be able to provide for an examination on admissibility or an examination on the merits which would make it possible for such applications to be decided upon at those locations in well - defined circumstances . the border procedure should not take longer than four weeks and after that period applicants should be allowed entry to the territory of the member state . it is only where a disproportionate number of applicants lodge their applications at the borders or in a transit zone , that the border procedure may be applied at locations in proximity to the border or transit zone . a border procedure may be applied to unaccompanied minors only within the limited circumstances set out in this regulation . ### many applications for international protection are made at the border or in a transit zone of a member state prior to a decision on the entry of the applicant . member states should be able to provide for an examination on admissibility or an examination on the merits which would make it possible for such applications to be decided upon at those locations in well - defined circumstances . the border procedure should not take longer than two weeks and after that period applicants should be allowed entry to the territory of the member state . it is only where a disproportionate number of applicants lodge their applications at the borders or in a transit zone , that the border procedure may be applied at locations in proximity to the border or transit zone . a border procedure may be applied to unaccompanied minors only within the limited circumstances set out in this regulation .


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


### the determining authority shall reject an application as abandoned where : ### the determining authority shall reject an application as&#160 ; withdrawn where :


### where the determining authority considers that the examination of the application involves issues of fact or law that are complex to be examined under an accelerated examination procedure , it may continue the examination on the merits in accordance with articles 34 and 37 . in that case , or where otherwise a decision cannot be taken within the time - limits referred to in paragraph 2 , the applicant concerned shall be informed of the change in the procedure . ### where the determining authority considers that the examination of the application involves issues of fact or law that are too complex to be examined under an accelerated examination procedure , or where a decision cannot be taken within the time - limits referred to in paragraph 2 , it shall continue the examination on the merits in accordance with articles 34 and 37 . in that case , the applicant concerned shall be informed of the change in the procedure .


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


### where it is necessary for the examination of an application , the applicant may be required by the responsible authorities to be searched or have his or her items searched . without prejudice to any search carried out for security reasons , a search of the applicant ' s person under this regulation shall be carried out by a person of the same sex with full respect for the principles of human dignity and of physical and psychological integrity . ### where it is necessary for the processing of an application , the applicant may , in accordance with national legislation and the principle of proportionality , be required by the responsible authorities to be searched or have his or her items searched . without prejudice to any search carried out for security reasons , a search of the applicant ' s person under this regulation shall be carried out by a person of the same sex with full respect for the principles of human dignity and of physical and psychological integrity .


### ' final decision ' means a decision on whether or not a third - country national or stateless person is granted refugee status or subsidiary protection status by virtue of regulation no xxx / xxx , including a decision rejecting the application as inadmissible or a decision rejecting an application as explicitly withdrawn or abandoned and which can no longer be subject to an appeal procedure in the member state concerned ; ### ' final decision ' means a decision on whether or not a third - country national or stateless person is granted refugee status or subsidiary protection status by virtue of regulation no xxx / xxx , including a decision rejecting the application as inadmissible or a decision rejecting an application as explicitly withdrawn or abandoned and which can no longer be subject to an appeal procedure pursuant to article 53 in the member state concerned ;


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


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


### the applicant has special reception needs within the meaning of article 20 of directive xxx / xxx / eu , or is in need of special procedural guarantees , in particular where he or she is an unaccompanied minor . ### the applicant has special reception needs within the meaning of article 20 of directive xxx / xxx / eu , or is in need of special procedural guarantees as referred to in articles 19 to 22 of this regulation , in particular where he or she is an unaccompanied minor .


### applications on behalf of a spouse , partner , minor or dependent adult ### applications on behalf of a minor or dependent adult


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


### the applicant refuses to cooperate by not providing the necessary details for the application to be examined and by not providing his or her fingerprints and facial image pursuant to article 7 ; ### the applicant refuses to cooperate by not providing the necessary details referred to in points and of the second paragraph of article 27 for the application to be examined or by not complying with the process of taking biometric data pursuant to article 7 ;


### the resources of the asylum , migration and integration fund should be mobilised to provide adequate support to member states ' efforts in applying this regulation , in particular to those member states which are faced with specific and disproportionate pressures on their asylum and reception systems . ### the resources of the asylum , migration and integration fund should be mobilised to provide adequate support to member states ' efforts in applying this directive , in particular to those member states which are faced with specific and disproportionate pressures on their asylum and reception systems .


### an application should be registered as soon as it is made . at this stage , the authorities responsible for receiving and registering applications , including border guards , police , immigration authorities and authorities responsible for detention facilities should register the application together with the personal details of the individual applicant . those authorities should inform the applicant of his or her rights and obligations , as well as the consequences for the applicant in case of non - compliance with those obligations . the applicant should be given a document certifying that an application has been made . the time limit for lodging an application starts to run from the moment an application is registered . ### an application should be registered as soon as it is made . at this stage , the authorities responsible for receiving and registering applications , including border guards , police , immigration authorities , other authorities that have been entrusted by the member states with those tasks and authorities responsible for detention facilities should register the application together with the personal details of the individual applicant . those authorities should inform the applicant of his or her rights and obligations , as well as the consequences for the applicant in case of non - compliance with those obligations . the applicant should be given a document certifying that an application has been made . the time limit for lodging an application starts to run from the moment an application is registered .


### this regulation should provide for the possibility that applicants lodge an application on behalf of their spouse , partner in a stable and durable relationship , dependant adults and minors . this option allows for the joint examination of those applications . the right of each individual to seek international protection is guaranteed by the fact that if the applicant does not apply on behalf of the spouse , partner , dependant adult or minor within the set time - limit for lodging an application , the spouse or partner may still do in his or her own name , and the dependant adult or minor should be assisted by the determining authority . however , if a separate application is not justified , it should be considered as inadmissible . ### this directive should provide for the possibility that applicants lodge an application on behalf of their spouse , partner in a stable and durable relationship , dependant adults and minors . this option allows for the joint examination of those applications . the right of each individual to seek international protection is guaranteed by the fact that if the applicant does not apply on behalf of the spouse , partner , dependant adult or minor within the set time - limit for lodging an application , the spouse or partner may still do in his or her own name , and the dependant adult or minor should be assisted by the determining authority . however , if a separate application is not justified , it should be considered as inadmissible .


### ' applicant in need of special procedural guarantees ' means an applicant whose ability to benefit from the rights and comply with the obligations provided for in this regulation is limited due to individual circumstances ; ### ' applicant in need of special procedural guarantees ' means an applicant whose ability to benefit from the rights and comply with the obligations provided for in this directive is limited due to individual circumstances ;


### a member state shall recognise age assessment decisions taken by other member states on the basis of a medical examination carried out in accordance with this article and based on methods which are recognised under its national law . ### a member state may recognise age assessment decisions taken by other member states on the basis of a medical examination carried out in accordance with this article and based on methods which are recognised under its national law .


### in cases of applications on behalf of spouses , partners , minors or dependent adults without legal capacity , and whenever the application is based on the same grounds , the determining authority may take a single decision , covering all applicants , unless to do so would lead to the disclosure of particular circumstances of an applicant which could jeopardise his or her interests , in particular in cases involving gender , sexual orientation , gender identity or age - based persecution . in such cases , a separate decision shall be issued to the person concerned . ### in cases of applications on behalf of minors or dependent adults without legal capacity , and whenever the application is based on the same grounds , the determining authority may take a single decision , covering all applicants , unless to do so would lead to the disclosure of particular circumstances of an applicant which could jeopardise his or her interests , in particular in cases involving gender or age - based persecution . in such cases , a separate decision shall be issued to the person concerned .


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


### this regulation should apply to all applications for international protection made in the territory of the member states , including those made at the external border , on the territorial sea or in the transit zones of member states , and the withdrawal of international protection . persons seeking international protection who are present on the territorial sea of a member state should be disembarked on land and have their applications examined in accordance with this regulation . ### this directive should apply to all applications for international protection made in the territory of the member states , including those made at the external border , on the territorial sea or in the transit zones of member states , and the withdrawal of international protection . persons seeking international protection who are present on the territorial sea of a member state should be disembarked on land and have their applications examined in accordance with this directive .


### where an application is implicitly withdrawn , the determining authority shall take a decision to reject the application as abandoned or as unfounded where the determining authority has , at the stage that the application is implicitly withdrawn , already found that the applicant does not qualify for international protection pursuant to regulation no xxx / xxx . ### where an application is implicitly withdrawn , the determining authority shall take a decision to halt the application as abandoned or as unfounded . .


### the determining authority shall provide a minor the opportunity of a personal interview , including where an application is made on his or her own behalf in accordance with article 31 and article 32 , unless this is manifestly not in the best interests of the child . in that case , the determining authority shall give reasons for the decision not to provide a minor with the opportunity of a personal interview . ### the determining authority shall provide a minor with a personal interview , including where an application is made on his or her own behalf in accordance with article 31 and article 32 , unless this is manifestly not in the best interests of the child . in that case , the determining authority shall give reasons for the decision not to provide a minor with a personal interview .


### member states may entrust also other authorities with those tasks . ### member states may entrust also other authorities with those tasks . where the application is received by an authority without the power to register it , that authority shall inform the applicants where and how to apply for international protection .


### a key consideration as to whether an application for international protection is well - founded is the safety of the applicant in his or her country of origin . having regard to the fact that regulation no xxx / xxx aims to achieve a high level of convergence on the qualification of third - country nationals and stateless persons as beneficiaries of international protection , this regulation establishes common criteria for designating third countries as safe countries of origin and , in view of the need to strengthen the application of the safe country of origin concept as an essential tool to support the swift processing of applications that are likely to be unfounded , this regulation sets out an eu common list of safe countries of origin . ### a key consideration as to whether an application for international protection is well - founded is the safety of the applicant in his or her country of origin . having regard to the fact that regulation no xxx / xxx aims to achieve a high level of convergence on the qualification of third - country nationals and stateless persons as beneficiaries of international protection , this directive establishes common criteria for designating third countries as safe countries of origin and , in view of the need to strengthen the application of the safe country of origin concept as an essential tool to support the swift processing of applications that are likely to be unfounded , this directive sets out an eu common list of safe countries of origin .


### this regulation should provide for the possibility that applicants lodge an application on behalf of their spouse , partner in a stable and durable relationship , dependant adults and minors . this option allows for the joint examination of those applications . the right of each individual to seek international protection is guaranteed by the fact that if the applicant does not apply on behalf of the spouse , partner , dependant adult or minor within the set time - limit for lodging an application , the spouse or partner may still do in his or her own name , and the dependant adult or minor should be assisted by the determining authority . however , if a separate application is not justified , it should be considered as inadmissible . ### this regulation should provide for the possibility that applicants lodge an application on behalf of dependant adults and children who are minors . this option allows for the joint examination of those applications . the right of each individual to seek international protection is guaranteed by the fact that if the applicant does not apply on behalf of the dependant adult or minor within the set time - limit for lodging an application , the dependant adult or minor should be assisted by the determining authority . however , if a separate application is not justified , it should be considered as inadmissible .


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


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


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


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


### in the circumstances referred to in paragraph 1 , the determining authority shall discontinue the examination of the application and send a written notice to the applicant at the place of residence or address referred to in article 7 , informing him or her that the examination of his or her application has been discontinued and that the application will be definitely rejected as abandoned unless the applicant reports to the determining authority within a period of one month from the date when the written notice is sent . ### in the circumstances referred to in paragraph 1 , and where the applicant has been properly informed by the responsible authorities at the beginning of the procedure of his or her obligations referred to in this regulation and the consequences deriving from not adhering to these obligations , the determining authority shall discontinue the examination of the application and send a written notice to the applicant at the place of residence or address referred to in article 7 , informing him or her about the decision to reject the application as implicitly withdrawn or as unfounded where the determining authority has , at the stage that the application is implicitly withdrawn , already found that the applicant does not qualify for international protection pursuant to regulation no xxx / xxx . .


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


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


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


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


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


### the determining authority may , in accordance with the basic principles and guarantees provided for in chapter ii , take a decision on an application at the border or in transit zones of the member state on : ### the determining authority may take a decision on an application at the border or in transit zones of the member state in accordance with the basic principles and guarantees provided for in chapter ii . this decision shall be limited to :


### a common procedure for granting and withdrawing international protection should limit the secondary movements of applicants for international protection between member states , where such movements would be caused by differences in legal frameworks , by replacing the current discretionary provisions with harmonised rules and by clarifying the rights and obligations of applicants and the consequences of non - compliance with those obligations , and create equivalent conditions for the application of regulation no xxx / xxx in member states . 26 _________________ 26 this footnote is missing . thank you for using another language . ### a common procedure for granting and withdrawing international protection should limit the secondary movements of applicants for international protection between member states , where such movements would be caused by differences in legal frameworks , by proposing more closely harmonised rules and by clarifying the rights and obligations of applicants and the consequences of non - compliance with those obligations , and create equivalent conditions for the application of regulation no xxx / xxx in member states . 26 _________________ 26 this footnote is missing . thank you for using another language .


### where requested by the applicant , the determining authority shall ensure that the interviewers and interpreters are of the same sex as the applicant provided that this is possible and the determining authority does not have reasons to believe that such a request is based on grounds which are not related to difficulties on the part of the applicant to present the grounds of his or her application in a comprehensive manner . ### where requested by the applicant , the determining authority may ensure that the interviewers and interpreters are of the same sex as the applicant provided that this is possible and the determining authority does not have reasons to believe that such a request is based on grounds which are not related to difficulties on the part of the applicant to present the grounds of his or her application in a comprehensive manner .


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


### a key consideration as to whether an application for international protection is well - founded is the safety of the applicant in his or her country of origin . having regard to the fact that regulation no xxx / xxx aims to achieve a high level of convergence on the qualification of third - country nationals and stateless persons as beneficiaries of international protection , this regulation establishes common criteria for designating third countries as safe countries of origin and , in view of the need to strengthen the application of the safe country of origin concept as an essential tool to support the swift processing of applications that are likely to be unfounded , this regulation sets out an eu common list of safe countries of origin . ### a key consideration as to whether an application for international protection is well - founded is the safety of the applicant in his or her country of origin . having regard to the fact that regulation no xxx / xxx aims to achieve a high level of convergence on the qualification of third - country nationals and stateless persons as beneficiaries of international protection , this regulation establishes common criteria for designating third countries as safe countries of origin and , in view of the need to strengthen the application of the safe country of origin concept as an essential tool to support the swift processing of applications that are likely to be unfounded , this regulation sets out an eu common list of safe countries of origin . this list will increase the efficiency of the asylum systems of the member states as regards applications for international protection that are liable to be unfounded , and will remedy certain discrepancies between member states’ national lists of safe countries of origin .


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


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


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


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


### the determining authority shall inform applicants , in a language which they understand or are reasonably meant to understand , of the following : ### the determining authority shall inform applicants , in a language which they understand or are reasonably meant to understand , and where possible using simple language , of the following :


### their rights and obligations during the procedure , including the obligation to remain in the territory of the member state in which they are required to be present in accordance with regulation no xxx / xxx ; ### their rights and obligations during the procedure including those under regulation no xxx / xxx ;


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


### where simultaneous applications for international protection by a disproportionate number of third - country nationals or stateless persons make it difficult in practice for the determining authority to conduct timely personal interviews of each applicant , the determining authority may be assisted by the personnel of authorities of other member states referred to in article 5 and experts deployed by the european union agency for asylum referred to in article 5 , to conduct such interviews . ### where simultaneous applications for international protection by a disproportionate number of third - country nationals or stateless persons make it difficult in practice for the determining authority to conduct timely personal interviews of each applicant , the determining authority may be assisted by experts deployed by the european union agency for asylum referred to in article 5 , to conduct such interviews .


### where a person has lodged an application on behalf of his or her spouse or partner in a stable and durable relationship or dependent adults without legal capacity , each of those persons shall be given the opportunity of a personal interview . ### where a person has lodged an application on behalf of his or her dependent adult children without legal capacity , each of those persons shall be given the opportunity of a personal interview .