### conditions applied in accordance with this article are without prejudice to the ability of member states to impose obligations in relation to the presentational aspect of electronic programme guides and similar listing and navigation facilities . ### conditions applied in accordance with this directive are without prejudice to the ability of member states to impose obligations in relation to the presentational aspect of electronic programme guides and other listing and navigation facilities .


### member states should be able to lay down proportionate obligations on undertakings under their jurisdiction , in the interest of legitimate public policy considerations , but such obligations should only be imposed where they are necessary to meet general interest objectives clearly defined by member states in conformity with union law and should be proportionate and transparent . ‘ must carry’ obligations may be applied to specified radio and television broadcast channels and complementary services supplied by a specified media service provider . obligations imposed by member states should be reasonable , that is they should be proportionate and transparent in the light of clearly defined general interest objectives . member states should provide an objective justification for the ‘ must carry’ obligations that they impose in their national law so as to ensure that such obligations are transparent , proportionate and clearly defined . the obligations should be designed in a way which provides sufficient incentives for efficient investment in infrastructure . obligations should be subject to periodic review at least every five years in order to keep them up - to - date with technological and market evolution and in order to ensure that they continue to be proportionate to the objectives to be achieved . obligations could , where appropriate , entail a provision for proportionate remuneration . ### ‘ must carry’ obligations may be applied to specified radio and audiovisual media services and complementary services supplied by a specified media service provider . obligations imposed by member states should be reasonable , that is they should be proportionate and transparent in the light of clearly defined general interest objectives , in particular media pluralism and cultural diversity . member states should provide an objective justification for the ‘ must carry’ obligations that they impose in their national law so as to ensure that such obligations are transparent , proportionate and clearly defined . obligations should be subject to periodic review at least every five years in order to keep them up - to - date with technological and market evolution and in order to ensure that they continue to be proportionate to the objectives to be achieved . obligations could , where appropriate , entail a provision for proportionate remuneration .


### national regulatory and other competent authorities may contribute within their competencies to ensuring the implementation of policies aimed at the promotion of cultural and linguistic diversity , as well as media pluralism . ### national regulatory and other competent authorities shall contribute within their competencies to ensuring the implementation of policies aimed at the promotion of cultural and linguistic diversity , as well as media pluralism .


### member states may impose reasonable ' must carry ' obligations , for the transmission of specified radio and television broadcast channels and related complementary services , particularly accessibility services to enable appropriate access for disabled end - users and data supporting connected tv services and electronic programme guides , on undertakings under their jurisdiction providing electronic communications networks used for the distribution of radio or television broadcast channels to the public where a significant number of end - users of such networks use them as their principal means to receive radio and television broadcast channels . such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each member state and shall be proportionate and transparent . ### member states shall impose reasonable ' must carry ' obligations , for the transmission of specified radio and audiovisual media services and related complementary services , particularly accessibility services to enable access for end - users with disabilities and data supporting and enabling end - user access to connected tv services and electronic programme guides , on undertakings under their jurisdiction providing electronic communications networks and services used for the distribution of radio or audiovisual media services to the public where a significant number of end - users and services use such networks to receive radio and audiovisual media services . such obligations shall be imposed where they are necessary to meet general interest objectives as clearly defined by each member state and shall be proportionate and transparent .


### they shall take all necessary measures to this effect without prejudice to their obligations under international law and relevant international agreements such as the itu radio regulations . ### they shall take all necessary measures to this effect whilst taking into account their national needs without prejudice to their obligations under international law and relevant international agreements such as the itu radio regulations .


### national regulatory authorities shall , acting in pursuit of the objectives set out in article 3 , encourage and where appropriate ensure , in accordance with the provisions of this directive , adequate access and interconnection , and the interoperability of services , exercising their responsibility in a way that promotes efficiency , sustainable competition , the deployment of very high capacity networks , efficient investment and innovation , and gives the maximum benefit to end - users . they shall provide guidance and make publicly available the procedures applicable to gain access and interconnection to ensure that small and medium - sized enterprises and operators with a limited geographical reach can benefit from the obligations imposed . ### national regulatory authorities shall , acting in pursuit of the objectives set out in article 3 , encourage and where appropriate ensure , in accordance with the provisions of this directive , adequate access and interconnection , and the interoperability of services , exercising their responsibility in a way that promotes efficiency , sustainable competition , media pluralism , the deployment of very high capacity networks , efficient investment and innovation , and gives the maximum benefit to end - users . they shall provide guidance and make publicly available the procedures applicable to gain access and interconnection to ensure that small and medium - sized enterprises and operators with a limited geographical reach can benefit from the obligations imposed .


### networks used for the distribution of radio or television broadcasts to the public include cable , iptv , satellite and terrestrial broadcasting networks . they might also include other networks to the extent that a significant number of end - users use such networks as their principal means to receive radio and television broadcasts . must carry obligations can include the transmission of services specifically designed to enable appropriate access by disabled users . accordingly complementary services include , amongst others , services designed to improve accessibility for end - users with disabilities , such as videotext , subtitling , audio description and sign language . because of the growing provision and reception of connected tv services and the continued importance of electronic programme guides for user choice the transmission of programme - related data supporting those functionalities can be included in must carry obligations . ### must - carry obligations should be applied in the respect of the principle of technological neutrality taking due account of the rapid evolution of distribution systems and business models affecting the media sector . electronic communications networks and services used for the distribution of radio or audiovisual media services to the public include cable , iptv , satellite and terrestrial broadcasting . they might also include other networks and services used by a significant number of end - users to receive radio and audiovisual media services . must carry obligations can include the transmission of services specifically designed to enable appropriate access by disabled users . accordingly complementary services include , amongst others , services designed to improve accessibility for end - users with disabilities , such as videotext , subtitling , audio description and sign language . because of the growing provision and reception of connected tv services and the continued importance of electronic programme guides and other navigation facilities for user choice the transmission of programme - related data supporting those functionalities can be included in must carry obligations to enable end - users to access connect tv services .


### neither paragraph 1 of this article nor article 57 shall prejudice the ability of member states to determine appropriate remuneration , if any , in respect of measures taken in accordance with this article while ensuring that , in similar circumstances , there is no discrimination in the treatment of undertakings providing electronic communications networks . where remuneration is provided for , member states shall ensure that it is applied in a proportionate and transparent manner . ### neither paragraph 1 of this article nor article 57 shall prejudice the ability of member states to determine appropriate remuneration , if any , in respect of measures taken in accordance with this article while ensuring that , in similar circumstances , there is no discrimination in the treatment of undertakings providing electronic communications networks and services . where remuneration is provided for , member states shall ensure that it is applied in a proportionate and transparent manner .


### end - users should be able to enjoy a guarantee of interoperability in respect of all equipment sold in the union for the reception of digital television . member states should be able to require minimum harmonised standards in respect of such equipment . such standards could be adapted from time to time in the light of technological and market developments . ### end - users should be able to enjoy a guarantee of interoperability in respect of all equipment sold in the union for the reception of radio and digital television . member states should be able to require minimum harmonised standards in respect of such equipment . such standards could be adapted from time to time in the light of technological and market developments .


### member states and their competent authorities shall ensure that the use of radio spectrum is organised on their territory in a way that no other member state is impeded , in particular due to cross - border harmful interference between member states , from allowing on its territory the use of harmonised radio spectrum in accordance with union legislation . ### member states and their competent authorities shall ensure that the use of radio spectrum is organised on their territory in a way that no other member state is impeded , in particular due to cross - border harmful interference between member states , from allowing on its territory the use of radio spectrum in accordance with union legislation .


### as part of the reporting under paragraph 1 , member states shall ensure that fuel suppliers report annually to the authority designated by the member state , on the biofuel production pathways , volumes of biofuels derived from the feedstocks as categorised in part a of annex v , and the life cycle greenhouse gas emissions per unit of energy . member states shall report those data to the commission . ### as part of the reporting under paragraph 1 , member states shall ensure that fuel suppliers report annually to the authority designated by the member state , on the biofuel production pathways , volumes of biofuels derived from the feedstocks as categorised in part a of annex v , and the life cycle greenhouse gas emissions per unit of energy , including the estimated indirect land - use change emissions . member states shall report those data to the commission .


### for the purposes of article 7a and article 7b , life cycle greenhouse gas emissions from biofuels shall be calculated as follows : where a default value for greenhouse gas emission savings for the biofuel production pathway is laid down in part a or b of annex iv and where the el value for those biofuels calculated in accordance with point 7 of part c of annex iv 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 iv ; 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 iv , where disaggregated default values in part d or e of annex iv may be used for some factors , and actual values , calculated in accordance with the methodology laid down in part c of annex iv , for all other factors . ### paragraph 1 is replaced by the following : ' 1 . for the purposes of article 7a and article 7b , life cycle greenhouse gas emissions from biofuels shall be calculated as follows : where a default value for greenhouse gas emission savings for the biofuel production pathway is laid down in part a or b of annex iv and where the el value for those biofuels calculated in accordance with point 7 of part c of annex iv is equal to or less than zero , &#160 ; and where the estimated indirect land - use change emissions are zero in accordance with part b of annex v , &#160 ; by using that default value ; by using an actual value calculated in accordance with the methodology laid down in part c of annex iv adding the estimates for indirect land - use change emissions set out in annex v ; by using a value calculated as the sum of the factors of the formula referred to in point 1 of part c of annex iv , where disaggregated default values in part d or e of annex iv may be used for some factors , and actual values , calculated in accordance with the methodology laid down in part c of annex iv , for all other factors , adding the estimates for indirect land - use change emissions set out in annex v . ' for the purposes of article 7a , from 2017 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 . '


### 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 . 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 . 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 . 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 . straw . animal manure and sewage sludge palm oil mill effluent and empty palm fruit bunches . tall oil pitch . crude glycerine . bagasse . grape marcs and wine lees . nut shells husks . cobs cleaned of kernels of corn . 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 . other non - food cellulosic material as defined in point of the second paragraph of article 2 . other ligno - cellulosic material as defined in point of the second paragraph of article 2 except saw logs and veneer logs . renewable liquid and gaseous fuels of non - biological origin . part b . feedstocks , the contribution of which towards the target referred to in the first subparagraph of article 3 shall be considered to be twice their energy content used cooking oil . animal fats classified as categories 1 and 2 in accordance with regulation no 1069 / 2009 ________________ *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 part a . feedstocks from waste and residues whose contribution towards the target referred to in article 3 shall be considered to be once their energy content and which contribute towards the 2 , 5% target referred to in article 3 biomass fraction of mixed municipal waste , but not separated household waste subject to recycling targets or separate collection under article 11 and of directive 2008 / 98 / ec of the european parliament and of the council of 19 november 2008 on waste and repealing certain directives ; derogations may be granted by member states for separate biowaste where processes allow the production of both compost and biofuels 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 . straw . animal manure and sewage sludge tall oil pitch . bagasse . grape marcs and wine lees . nut shells husks . cobs cleaned of kernels of corn . bark , branches , leaves , saw dust and cutter shavings . part b . feedstocks from waste and residues whose contribution towards the target referred to in article 3 shall be considered to be twice their energy content used cooking oil . animal fats classified as category i and ii in accordance with regulation no 1774 / 2002 laying down health rules concerning animal by - products not intended for human consumption . part c . feedstocks whose contribution towards the target referred to in article 3 shall be considered to be four times their energy content and which contribute towards the 2 , 5% target referred to in article 3 algae . renewable liquids and gaseous fuels of non - biological origin . carbon capture and utilisation for transport purposes . bacteria .


### 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 . '


### 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


### based on forecasts of biofuel demand provided by the member states and estimates of indirect land - use change emissions for different biofuel feedstocks , it is likely that greenhouse gas emissions linked to indirect land - use change are significant , and could negate some or all of the greenhouse gas emission savings of individual biofuels . this is because almost the entire biofuel production in 2020 is expected to come from crops grown on land that could be used to satisfy food and feed markets . in order to reduce such emissions , it is appropriate to distinguish between crop groups such as oil crops , sugars and cereals and other starch - rich crops accordingly . ### based on forecasts of biofuel demand provided by the member states and estimates of indirect land - use change emissions for different biofuel feedstocks , it is likely that greenhouse gas emissions linked to indirect land - use change are significant , and will negate some or all of the greenhouse gas emission savings of individual biofuels . this is because land - based biofuels have received a large amount of public subsidies , and therefore almost the entire biofuel production in 2020 is expected to come from crops grown on land that could be used to satisfy food and feed markets . furthermore , biofuel production from food crops contributes to food price volatility and may have a significant negative social impact on livelihoods and the ability to implement human rights including the right to food or access to land for local communities living in poverty in countries outside the union . in order to reduce such emissions and such negative social impact and mitigate such negative effects on food security , it is appropriate to focus , in particular , on reducing the projected use of biofuels grown on land as well as taking into account indirect land - use change emissions when calculating the greenhouse gas emission savings required under the sustainability criteria set out in directives 2009 / 28 / ec and 98 / 70 / ec .


### 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 . ### biomass fraction of industrial waste and residues , 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 .


### 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 . ### bark , branches , leaves , saw dust and cutter shavings . only sustainable quantities of these feedstocks , which do not undermine soil fertility and ecosystem services , can be removed .


### 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 . ”


### ' 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 ;


### 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 .


### 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 the commission shall each ensure the mutual recognition of all schemes for verification of compliance with the sustainability criteria for biofuels and bioliquids , where those schemes have been established in accordance with this directive .


### for the purposes of article 7a and article 7b , life cycle greenhouse gas emissions from biofuels shall be calculated as follows : where a default value for greenhouse gas emission savings for the biofuel production pathway is laid down in part a or b of annex iv and where the el value for those biofuels calculated in accordance with point 7 of part c of annex iv 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 iv ; 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 iv , where disaggregated default values in part d or e of annex iv may be used for some factors , and actual values , calculated in accordance with the methodology laid down in part c of annex iv , for all other factors . ### ' 1 . for the purposes of article 7a and article 7b , life cycle greenhouse gas emissions from biofuels shall be calculated as follows : where a default value for greenhouse gas emission savings for the biofuel production pathway is laid down in part a or b of annex iv and where the el value for those biofuels calculated in accordance with point 7 of part c of annex iv is equal to or less than zero , &#160 ; and where the estimated indirect land - use change emissions are zero in accordance with part b of annex v , &#160 ; by using that default value ; by using an actual value calculated in accordance with the methodology laid down in part c of annex iv adding the estimates for indirect land - use change emissions set out in annex v ; by using a value calculated as the sum of the factors of the formula referred to in point 1 of part c of annex iv , where disaggregated default values in part d or e of annex iv may be used for some factors , and actual values , calculated in accordance with the methodology laid down in part c of annex iv , for all other factors , adding the estimates for indirect land - use change emissions set out in annex v . ' for the purposes of article 7a , from 2017 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 . '


### 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 . 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 . 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 . 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 . straw . animal manure and sewage sludge palm oil mill effluent and empty palm fruit bunches . tall oil pitch . crude glycerine . bagasse . grape marcs and wine lees . nut shells husks . cobs cleaned of kernels of corn . 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 . other non - food cellulosic material as defined in point of the second paragraph of article 2 . other ligno - cellulosic material as defined in point of the second paragraph of article 2 except saw logs and veneer logs . renewable liquid and gaseous fuels of non - biological origin . part b . feedstocks , the contribution of which towards the target referred to in the first subparagraph of article 3 shall be considered to be twice their energy content used cooking oil . animal fats classified as categories 1 and 2 in accordance with regulation no 1069 / 2009 ________________ *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 part a . feedstocks from waste and residues which contribute towards the 2 , 5% target referred to in point of the second subparagraph of article 3 , and whose contribution towards the target referred to in article 3 shall be considered to be twice their energy content biomass fraction of mixed municipal waste , but not separated household waste subject to recycling targets or separate collection under article 11 and article of directive 2008 / 98 / ec of the european parliament and of the council of 19 november 2008 on waste and repealing certain directives ; derogations may be granted by member states for separate biowaste where processes allow the production of both compost and biofuels . biodegradable fraction of industrial , retail and wholesale waste , but not waste subject to separate collection under article 11 of directive 2008 / 98 / ec . straw . animal manure and sewage sludge . tall oil pitch . bagasse . grape marcs and wine lees . nut shells husks . cobs cleaned of kernels of corn . bark , branches , leaves , saw dust and cutter shavings . part b . feedstocks the contribution of which towards the targets referred to in article 3 shall be considered to be four times their energy content and which contribute towards the 2 , 5% target referred to in point of the second subparagraph of article 3 algae . renewable liquid and gaseous fuels of non - biological origin . carbon capture and utilisation for transport purposes . bacteria . part c . feedstocks , the contribution of which towards the target referred to in the first subparagraph of article 3 shall be considered to be twice their energy content used cooking oil . animal fats classified as categories 1 and 2 in accordance with regulation no 1069 / 2009∗ feedstocks 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 31 december 2014 , excluding animal fats classified as category 3 in accordance with regulation no 1069 / 2009* . ________________ ∗ 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 . ' .


### the commission should review the effectiveness of the measures introduced by this directive , based on the best and latest available scientific evidence , in limiting indirect land - use change greenhouse gas emissions and addressing ways to further minimise that impact . ### the commission should review the effectiveness of the measures introduced by this directive , based on the best and latest available scientific evidence , in limiting indirect land - use change greenhouse gas emissions and addressing ways to further minimise that impact , which could include the introduction of estimated indirect land - use change emission factors in the sustainability scheme as of 1 january 2021 .


### assistance should also be provided in compliance with the agreements concluded by the union with the beneficiaries listed in annex i . assistance should mainly focus on assisting the beneficiaries listed in annex i to strengthen democratic institutions and the rule of law , reform the judiciary and public administration , respect fundamental rights and promote gender equality , tolerance , social inclusion and non - discrimination . assistance should also support the key principles and rights as defined in the european pillar of social rights . 17 assistance should continue to support their efforts to advance regional , macro - regional and cross - border cooperation as well as territorial development , including through implementation of union macro - regional strategies . it should also enhance their economic and social development and economic governance , underpinning a smart , sustainable and inclusive growth agenda , including through implementation of regional development , agriculture and rural development , social and employment policies and the development of the digital economy and society , also in line with the flagship initiative digital agenda for the western balkans . _________________ 17 european pillar of social rights solemnly proclaimed by the european parliament , the council and the commission at the gothenburg social summit for fair jobs and growth , gothenburg 17 november 2017 . ### assistance should also be provided in compliance with the agreements concluded by the union with the beneficiaries listed in annex i . assistance should mainly focus on assisting the beneficiaries listed in annex i to strengthen democratic institutions and the rule of law , reform the judiciary and public administration , respect fundamental rights and promote gender equality , tolerance , social inclusion and non - discrimination . assistance should also support the key principles and rights as defined in the european pillar of social rights . 17 assistance should continue to support their efforts to advance regional , macro - regional and cross - border cooperation including across maritime borders , as well as territorial development , including through implementation of union macro - regional strategies . it should also promote good neighbourly relations , reconciliation and regional cooperation . it should enhance their economic and social development and economic governance , underpinning a smart , sustainable and inclusive growth agenda , including through implementation of regional development , agriculture and rural development , social and employment policies and the development of the digital economy and society , also in line with the flagship initiative digital agenda for the western balkans . _________________ 17 european pillar of social rights solemnly proclaimed by the european parliament , the council and the commission at the gothenburg social summit for fair jobs and growth , gothenburg 17 november 2017 .


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


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


### the time - limits provided for in this paragraph shall start to run from the date when the decision of the determining authority is notified to the applicant or from the moment the legal adviser or counsellor is appointed if the applicant has introduced a request for free legal assistance and representation . ### the time - limit provided for in this paragraph shall start to run from the date when the decision of the determining authority is notified to the applicant . where the applicant has requested free legal assistance and representation according to article 15 , after notification of such decision , these time limits shall start to run from the date when the legal advisor or counsellor is appointed .


### without prejudice to the principle of non - refoulement , member states may provide an exception from the right to remain on their territory and derogate from article 54 , where : ### taking into account the principle of non - refoulement , member states must guarantee the right to remain on their territory during subsequent applications .


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


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


### the common procedure streamlines the time - limits for an individual to accede to the procedure , for the examination of the application by the determining authority as well as for the examination of first level appeals by judicial authorities . whereas a disproportionate number of simultaneous applications may risk delaying access to the procedure and the examination of the applications , a measure of flexibility to exceptionally extend those time - lines may at times be needed . however , to ensure an effective process , extending those time - limits should be a measure of last resort considering that member states should regularly review their needs to maintain an efficient asylum system , including by preparing contingency plans where necessary , and considering that the european union agency for asylum should provide member states with the necessary operational and technical assistance . where member states foresee that they would not be able to meet the set time - limits , they should request assistance from the european union agency for asylum . where no such request is made , and because of the disproportionate pressure the asylum system in a member state becomes ineffective to the extent of jeopardising the functioning of common european asylum system , the agency may , based on an implementing decision of the commission , take measures in support of that member state . ### the common procedure streamlines the time - limits for an individual to accede to the procedure , for the examination of the application by the determining authority as well as for the examination of first level appeals by judicial authorities . whereas a disproportionate number of simultaneous applications may risk delaying access to the procedure and the examination of the applications , a measure of flexibility to exceptionally extend those time - lines may at times be needed . however , to ensure an effective process , extending those time - limits should be a measure of last resort considering that member states should regularly review their needs to maintain an efficient asylum system , including by preparing contingency plans where necessary , and considering that the european union agency for asylum should provide member states with the necessary operational and technical assistance . where member states foresee that they would not be able to meet the set time - limits , they should request assistance from the european union agency for asylum .


### certain applicants may be in need of special procedural guarantees due , inter alia , to their age , gender , sexual orientation , gender identity , disability , serious illness , mental disorders or as a consequence of torture , rape or other serious forms of psychological , physical , sexual or gender - based violence . it is necessary to systematically assess whether an individual applicant is in need of special procedural guarantees and identify those applicants as early as possible from the moment an application is made and before a decision is taken . ### certain applicants may be in need of special procedural guarantees due , inter alia , to their age , gender , sexual orientation , gender identity , gender expression , sex characteristics , disability , serious illness , mental disorders or as a consequence of torture , rape , trafficking , shipwreck , or other serious forms of psychological , physical , sexual or gender - based violence . it is necessary to systematically assess whether an individual applicant is in need of special procedural guarantees and identify those applicants as early as possible from the moment an application is made and before a decision is taken .


### within one week in the case of a decision rejecting a subsequent application as inadmissible or manifestly unfounded ; ### within&#160 ; a month&#160 ; in the case of a decision rejecting an&#160 ; application as inadmissible or in the case of a decision rejecting an application as withdrawn , or in the case of a decision rejecting an application in relation to refugee or subsidiarity protection status .


### 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 .


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


### 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 ;


### 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 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 , gender - based violence , trafficking , sexual orientation , gender identity , gender expression , sex characteristics , or age - based persecution . in such cases , a separate decision shall be issued to the person concerned .


### 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 .


### the common european asylum system is based on common standards for asylum procedures , recognition and protection offered at union level , reception conditions and a system for determining the member state responsible for asylum seekers . notwithstanding progress achieved so far in the progressive development of the common european asylum system , there are still significant disparities between the member states in the types of procedures used , the recognition rates , the type of protection granted , the level of material reception conditions and benefits given to applicants and beneficiaries of international protection . these divergences are important drivers of secondary movements and undermine the objective of ensuring that in a common european asylum system all applicants are equally treated wherever they apply in the union . ### the common european asylum system is based on common standards for asylum procedures , recognition and protection offered at union level , reception conditions and a system for determining the member state responsible for asylum seekers . notwithstanding progress achieved so far in the progressive development of the common european asylum system , there are still significant disparities between the member states in the types of procedures used , the recognition rates , the type of protection granted , the level of material reception conditions and benefits given to applicants and beneficiaries of international protection . these divergences undermine the objective of ensuring that in a common european asylum system all applicants are treated with the highest standards and in full compliance with fundamental rights and the geneva convention on the status of refugees wherever they apply in the union .


### the person conducting the interview shall be competent to take account of the personal and general circumstances surrounding the application , including the applicant’s cultural origin , age , gender , sexual orientation , gender identity and vulnerability . personnel interviewing applicants shall also have acquired general knowledge of problems which could adversely affect the applicant ' s ability to be interviewed , such as indications that the person may have been tortured in the past . ### the person conducting the interview shall be competent to take account of the personal and general circumstances surrounding the application , including the applicant’s cultural origin , age , gender , sexual orientation , gender identity , gender expression , sex characteristics , and vulnerability , as well as the situation in his or her country of origin . personnel interviewing applicants shall also have acquired general knowledge of problems which could adversely affect the applicant ' s ability to be interviewed , such as being the survivor of a shipwreck or indications that the person may have been tortured in the past or be a victim of trafficking or of any other form of sexual orientation and gender - based violence .


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


### ' 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 an application as explicitly withdrawn and which can no longer be subject to an appeal procedure in the member state concerned ;


### in order to facilitate access to the procedure at border crossing points and in detention facilities , information should be made available on the possibility to apply for international protection . basic communication necessary to enable the competent authorities to understand if persons declare their wish to receive international protection should be ensured through interpretation arrangements . ### in order to facilitate access to the procedure at border crossing points and in detention facilities , ngos providing legal aid should be given access and information should be made available on the possibility to apply for international protection . basic communication necessary to enable the competent authorities to understand if persons declare their wish to receive international protection should be ensured through interpretation arrangements . staff who provide interpretation services should have appropriate knowledge and should have received the necessary training on international protection and human rights guarantees .


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


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


### the applicant shall lodge the application within ten working days from the date when the application is registered provided that he or she is given an effective opportunity to do so within that time - limit . ### the applicant shall lodge the application within twenty working days from the date when the application is registered provided that he or she is given an effective opportunity to do so within that time - limit . , including access to translators and interpreters , and legal counsel .


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


### the information referred to in the first paragraph shall be given in good time to enable the applicants to exercise the rights guaranteed in this regulation and for them to adequately comply with the obligations set out in article 7 . ### the information referred to in the first paragraph shall be given at the point at which the application for international protection is registered , and in any event prior to the personal interview , to enable the applicants to exercise the rights guaranteed in this directive and for them to adequately comply with the obligations set out in article 7 .


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


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


### 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 . in compliance with the principle of non - refoulement , upon a claim to ask for international protection , the applicants shall be allowed entry to the territory of the member state and apply for asylum on the territory of the member state , receiving sufficient resources to guarantee a decent living .


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


### 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 . ### unaccompanied minors have the right to an effective remedy against a decision determining their age .


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


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


### the personal interview shall be recorded using audio or audio - visual means of recording . the applicant shall be informed in advance of such recording . ### the personal interview shall be recorded using audio means of recording . the applicant shall be informed in advance of such recording and the use that will be made of it .


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


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


### 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 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 .


### where an applicant refuses to cooperate by not providing the details necessary for the examination of the application and by not providing his or her fingerprints and facial image , and the responsible authorities have properly informed that person of his or her obligations and has ensured that that person has had an effective opportunity to comply with those obligations , his or her application shall be rejected as abandoned in accordance with the procedure referred to in article 39 . ### where an applicant refuses to cooperate by not providing the details referred to in this directive for the examination of the application , and the responsible authorities have properly informed that person of his or her obligations and the consequences deriving from those obligations and has ensured that that person has had an effective opportunity to comply with those obligations , his or her application will be suspended until the necessary information is provided . any use of force in collecting the information shall be prohibited and penalized .


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


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


### in order to ensure uniform conditions for the implementation of this regulation , in particular as regards the provision of information , documents to the applicants and measures concerning applicants in need of special procedural guarantees including minors , implementing powers should be conferred on the commission . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council34of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by the member states of the commission ' s exercise of implementing powers . _________________ 34 regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by the member states of the commission ' s exercise of implementing powers . ### in order to ensure uniform conditions for the implementation of this directive , in particular as regards the provision of information , documents to the applicants and measures concerning applicants in need of special procedural guarantees including minors , implementing powers should be conferred on the commission . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council34 of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by the member states of the commission ' s exercise of implementing powers . _________________ 34 regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by the member states of the commission ' s exercise of implementing powers .


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


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


### the application of this regulation should be evaluated at regular intervals . ### the implementation of this directive should be evaluated at regular intervals .


### 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 . ### where , following statements by the applicant or with documentary evidence available , there are doubts as to whether or not an unaccompanied minor is under the age of 18 , the determining authorities may order a psychosocial assessment to be carried out by qualified professionals to determine the applicant ' s age within the framework of the examination of an application . the age evaluation must not be based solely on the applicant ' s physical appearance or behaviour . where the result of the psychosocial assessment is not conclusive , or includes an age - range below 18 years , member states shall assume the applicant is a minor .


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


### 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 .


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


### without prejudice to carrying out an adequate and complete examination of an application for international protection , it is in the interests of both member states and applicants for a decision to be taken as soon as possible . maximum time - limits for the duration of the administrative procedure as well as for the first level of appeal should be established to streamline the procedure for international protection . in this way , applicants should be able to receive a decision on their application within the least amount of time possible in all member states thereby ensuring a speedy and efficient procedure . ### without prejudice to carrying out an adequate and complete examination of an application for international protection , it is in the interests of both member states and applicants for a decision to be taken as soon as possible . maximum time - limits for the duration of the administrative procedure as well as for the first level of appeal should be established to streamline the procedure for international protection . in this way , applicants should be able to receive a decision on their application within the least amount of time possible in all member states thereby ensuring a speedy and efficient procedure . the streamlining of the procedure should in no way have an adverse impact on the in - depth and individual examination of the merits of applications for protection .


### personal interviews shall be conducted by the personnel of the determining authority , which may be assisted by the personnel of authorities of other member states referred to in article 5 or experts deployed by the european union agency for asylum referred to in article 5 . ### personal interviews shall be conducted by the personnel of the determining authority . the determining authority will ensure the presence of interpreters , and cultural mediators when necessary and of legal advisors .