### in the light of the united nations convention on the rights of persons with disabilities and in order to give persons with disabilities and persons with reduced mobility opportunities for rail travel comparable to those of other citizens , rules for non - discrimination and assistance during their journey should be established . persons with disabilities and persons with reduced mobility , whether caused by disability , age or any other factor , have the same right as all other citizens to free movement and to non - discrimination . inter alia , special attention should be given to the provision of information to persons with disabilities and persons with reduced mobility concerning the accessibility of rail services , access conditions of rolling stock and the facilities on board . in order to provide passengers with sensory impairment with the best information on delays , visual and audible systems should be used , as appropriate . persons with disabilities and persons with reduced mobility should be enabled to buy tickets on board a train without extra charges . staff should be adequately trained to respond to the needs of persons with disabilities and persons with reduced mobility , notably when providing assistance . to ensure equal travel conditions , such persons should be provided with assistance at stations and on board at all times when trains operate and not only at certain times of the day . ### in the light of the united nations convention on the rights of persons with disabilities and in order to give persons with disabilities and persons with reduced mobility opportunities for rail travel comparable to those of other citizens , rules for non - discrimination and assistance during their journey should be established . persons with disabilities and persons with reduced mobility , whether caused by disability , age or any other factor , have the same right as all other citizens to free movement and to non - discrimination . inter alia , special attention should be given to the provision of information to persons with disabilities and persons with reduced mobility concerning the accessibility of rail services , access conditions of rolling stock and the facilities on board , and also on delays or changes to departure and arrival times , by means of visual and audible systems in the reading or hearing language and which are easy to understand , including , as an information channel , mobile applications . persons with disabilities and persons with reduced mobility should be enabled to buy tickets on board a train without extra charges . staff should be adequately trained to respond to the needs of persons with disabilities and persons with reduced mobility , notably when providing assistance . to ensure equal travel conditions , such persons should be provided with assistance at stations and on board at all times when trains operate and not only at certain times of the day .


### railway undertakings and station managers shall , with the active involvement of representative organisations of persons with disabilities and persons with reduced mobility , establish , or shall have in place , non - discriminatory access rules for the transport of persons with disabilities and persons with reduced mobility including their personal assistants . the rules shall allow the passenger to be accompanied by an assistance dog in accordance with any relevant national rules . ### railway undertakings and station managers shall , with the active involvement of representative organisations of persons with disabilities and persons with reduced mobility , establish , or shall have in place , non - discriminatory access rules for the transport of persons with disabilities and persons with reduced mobility including their personal assistants . the rules shall allow the passenger to be accompanied by a service animal in accordance with any relevant national rules , and shall ensure that rail transport for persons with disabilities and persons with reduced mobility is immediate and spontaneous wherever possible .


### railway undertakings may offer contract conditions more favourable for the passenger than the conditions laid down in this regulation . ### railway undertakings , tour operators or ticket vendors may offer contract conditions more favourable for the passenger than the conditions laid down in this regulation .


### the body shall acknowledge receipt of the complaint within two weeks of receiving it . the complaint - handling procedure shall take a maximum of three months . for complex cases , the body may , at its discretion , extend this period to six months . in such a case , it shall inform the passenger of the reasons for the extension and of the expected time needed to conclude the procedure . only cases that involve legal proceedings may take longer than six months . where the body is also an alternative dispute resolution body within the meaning of directive 2013 / 11 / eu , the time limits laid down in that directive shall prevail . ### the body shall acknowledge receipt of the complaint within two weeks of receiving it . the complaint - handling procedure shall take a maximum of three months . for complex cases , the body may , at its discretion , extend this period to six months . in such a case , it shall inform the passenger or organisation representing passengers of the reasons for the extension and of the expected time needed to conclude the procedure . only cases that involve legal proceedings may take longer than six months . where the body is also an alternative dispute resolution body within the meaning of directive 2013 / 11 / eu , the time limits laid down in that directive shall prevail and the use of online dispute resolution in accordance with regulation 524 / 2013 / eu1a may be made available with the agreement of all parties involved . _________________ 1a regulation 524 / 2013 / eu of the european parliament and of the council of 21 may 2013 on online dispute resolution for consumer disputes and amending regulation no 2006 / 2004 and directive2009 / 22 / ec .


### the national enforcement bodies shall closely monitor compliance with this regulation and take the measures necessary to ensure that the rights of passengers are upheld . for this purpose , railway undertakings , station managers and infrastructure managers shall provide the bodies with relevant documents and information at their request . in carrying out their functions , the bodies shall take account of the information submitted to them by the body designated under article 33 to handle complaints , if this is a different body . they may also decide on enforcement actions based on individual complaints transmitted by such a body . ### the national enforcement bodies shall closely monitor compliance with this regulation and take the measures necessary to ensure that the rights of passengers are upheld . for this purpose , railway undertakings , station managers and infrastructure managers shall provide the bodies with relevant documents and information at their request without delay and in any event within one month . in carrying out their functions , the bodies shall take account of the information submitted to them by the body designated under article 33 to handle complaints , if this is a different body . member states shall ensure that national enforcement and complaint handling bodies shall be given sufficient powers and resources for the adequate and effective enforcement of individual complaints from passengers under this regulation .


### railway undertakings shall , at the request of the passenger , certify on the ticket or by any other means that the rail service has suffered a delay , led to a missed connection or that it has been cancelled , as the case might be . ### railway undertakings shall offer to certify for affected passengers in writing , on their ticket or by any other means that the rail service has suffered a delay , led to a missed connection or that it has been cancelled , as the case might be .


### to maintain a high level of consumer protection in rail transport , member states should be required to designate national enforcement bodies to monitor closely and enforce this regulation at national level . those bodies should be able to take a variety of enforcement measures . passengers should be able to complain to those bodies about alleged infringements of the regulation . to ensure the satisfactory handling of such complaints , the bodies should also cooperate with each other . ### to maintain a high level of consumer protection in rail transport , member states should be required to designate national enforcement bodies to monitor closely and enforce this regulation at national level . those bodies should be able to take a variety of enforcement measures , and to provide the option for passengers of binding alternative dispute resolution , in line with directive 2013 / 11 / eu1a . passengers should be able to complain to those bodies about alleged infringements of the regulation , and to use online dispute resolution established under regulation 524 / 2013 / eu1b where agreed . it should also be provided that complaints may be made by organisations representing groups of passengers . to ensure the satisfactory handling of such complaints , the bodies should also cooperate with each other and this regulation should continue to be listed in the annex to the regulation 2017 / 2394 / eu of the european parliament and of the council1c . each year national enforcement bodies shall publish reports with statistics on their websites detailing the number and type of complaints that they have received , and detailing the outcome of their enforcement actions . in addition , those reports shall be made available on the website of the european union agency for railways . __________________ 1a directive 2013 / 11 / eu of the european parliament and of the council of 21 may 2013 on alternative dispute resolution for consumer disputes and amending regulation no 2006 / 2004 and directive 2009 / 22 / ec . 1b regulation 524 / 2013 / eu of the european parliament and of the council of 21 may 2013 on online dispute resolution for consumer disputes and amending regulation no 2006 / 2004 and directive 2009 / 22 / ec . 1c regulation 2017 / 2394 / eu of the european parliament and of the council of 12 december 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing regulation no 2006 / 2004 .


### accessibility of station and station facilities . ### accessibility of station and station facilities , including step - free access , escalators , elevators and luggage ramps .


### passengers shall be entitled to take bicycles on board the train , where appropriate for a reasonable fee . they shall keep their bicycles under supervision during the journey and ensure that no inconvenience or damage is caused to other passengers , mobility equipment , luggage or rail operations . the carriage of bicycles may be refused or restricted for safety or operational reasons , provided that railway undertakings , ticket vendors , tour operators and , where appropriate , station managers inform passengers of the conditions for such a refusal or restriction in accordance with regulation no 454 / 2011 . ### passengers shall be entitled to take bicycles , whether assembled or not , on board the train , including on high - speed , long - distance and cross - border trains . that service shall be offered free of charge or in exceptional cases for a reasonable fee . all new or refurbished rolling stock shall include sufficient , well - indicated , dedicated spaces for the carriage of assembled bicycles . the carriage of bicycles may only be refused or restricted for duly justified safety reasons , provided that railway undertakings , ticket vendors , tour operators and , where appropriate , station managers inform passengers , at the latest at the time of the purchase of the ticket , of the conditions for bicycle carriage on all services in accordance with regulation no 454 / 2011 .


### passengers shall be entitled to take bicycles on board the train , where appropriate for a reasonable fee . they shall keep their bicycles under supervision during the journey and ensure that no inconvenience or damage is caused to other passengers , mobility equipment , luggage or rail operations . the carriage of bicycles may be refused or restricted for safety or operational reasons , provided that railway undertakings , ticket vendors , tour operators and , where appropriate , station managers inform passengers of the conditions for such a refusal or restriction in accordance with regulation no 454 / 2011 . ### passengers shall be entitled to take bicycles , whether assembled or not , free of charge on board the train , all new or refurbished rolling stock shall include an appropriate designated space for the carriage of assembled bicycles .


### minimum information to be provided to passengers ; ### minimum , accurate , timely and accessible information to be provided to passengers ;


### ‘ ticket vendor’ means any retailer of rail transport services concluding transport contracts and selling tickets on behalf of a railway undertaking or for its own account ; ### ‘ ticket vendor’ means any retailer of rail transport services concluding transport contracts and selling tickets and through - tickets on behalf of one or more railway undertakings or for its own account ;


### where there is no ticket office or accessible ticketing machine in the station of departure , persons with disabilities and persons with reduced mobility shall be permitted to buy tickets on board the train at no extra cost . ### where there is no open ticket office or correctly - functioning ticketing machine in the station of departure , passengers shall be permitted to buy tickets on board the train . tickets bought on board the train shall not cost more than the relevant standard fare for the journey concerned with any applicable discounts .


### where a passenger receives separate tickets for a single journey comprising successive railway services operated by one or more railway undertakings , his rights to information , assistance , care and compensation shall be equivalent to those under a through - ticket and cover the whole journey from the departure to the final destination , unless the passenger is explicitly informed otherwise in writing . such information shall in particular state that when the passenger misses a connection , he or she would not be entitled to assistance or compensation based on the total length of the journey . the burden of proof that the information was provided shall lie with the railway undertaking , its agent , tour operator or ticket vendor . ### where passengers receive separate tickets for a single journey comprising successive railway services operated by one or more railway undertakings , their rights to information , assistance , care and compensation shall be equivalent to those under a through - ticket and cover the whole journey from the departure to the final destination .


### in complex cases such as cases involving multiple claims or a number of operators , cross - border travel or accidents on the territory of a member state other than that which granted the undertaking’s licence , in particular where it is unclear which national enforcement body is competent , or where it would facilitate or accelerate the resolution of the complaint , national enforcement bodies shall cooperate to identify a ‘ lead’ body , which shall serve as single point of contact for passengers . all national enforcement bodies involved shall cooperate to facilitate the resolution of the complaint . passengers shall be informed which body is acting as ‘ lead’ body . ### in complex cases such as cases involving multiple claims or a number of operators , cross - border travel or accidents on the territory of a member state other than that which granted the undertaking’s licence , in particular where it is unclear which national enforcement body is competent , or where it would facilitate or accelerate the resolution of the complaint , national enforcement bodies shall cooperate to identify a ‘ lead’ body , which shall serve as single point of contact for passengers . all national enforcement bodies involved shall cooperate to facilitate the resolution of the complaint . passengers shall be informed which body is acting as ‘ lead’ body . in addition , in all cases , national enforcement bodies shall in any event ensure compliance with regulation 2017 / 2394 / eu 1a of the european parliament and of the council . _________________ 1a regulation 2017 / 2394 of the european parliament and of the council of 12 december 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing regulation no 2006 / 2004 , oj l 345 , 27 . 12 . 2017 .


### articles 5 , 10 , 11 and 25 and chapter v shall apply to all rail passenger services referred to in paragraph 1 , including services exempted in accordance with points and of paragraph 2 . ### articles 4 , 5 , 6 , 7 , 11 and 12 and chapter v shall apply to all rail passenger services referred to in paragraph 1 of this article , including services exempted in accordance with points and of paragraph 2 of this article . articles 10 and 17 shall apply to all rail passenger services referred to in paragraph 1 of this article , including services exempted in accordance with point of paragraph 2 of this article .


### this regulation should not restrict the rights of railway undertakings to seek compensation from any person , including third parties , in accordance with applicable national law . ### this regulation should not restrict the rights of railway undertakings , ticket vendors , railway stations and infrastructure managers to seek compensation where applicable from any person , including third parties , for meeting their obligations to passengers under this regulation .


### railway undertakings and ticket vendors offering transport contracts on behalf of one or more railway undertakings shall provide the passenger , upon request , with at least the information set out in annex ii , part i in relation to the journeys for which a transport contract is offered by the railway undertaking concerned . ticket vendors offering transport contracts on their own account , and tour operators , shall provide this information where available . ### railway undertakings , tour operators and ticket vendors offering transport contracts on their own behalf or on behalf of one or more railway undertakings shall provide the passenger with at least the information set out in annex ii , part i in relation to the journeys for which a transport contract is offered by the railway undertaking concerned .


### the information referred to in paragraphs 1 and 2 shall be provided in the most appropriate format including by using up - to - date communication technologies . particular attention shall be paid to ensuring that this information is accessible to persons with disabilities in accordance with the accessibility requirements laid down in directive xxx and regulation 454 / 2011 . ### the information referred to in paragraphs 1 and 2 shall be provided using easily accessible , commonly used and real - time up - to - date communication technologies and in writing , where possible . particular attention shall be paid to ensuring that this information is accessible to persons with disabilities in accordance with the accessibility requirements laid down in directive xxx and regulation 454 / 2011 . the availability of accessible formats shall be clearly advertised .


### users’ rights to rail services include the receipt of information regarding the service both before and during the journey . whenever possible , railway undertakings and ticket vendors should provide this information in advance and as soon as possible . that information should be provided in accessible formats for persons with disabilities or persons with reduced mobility . ### users’ rights to rail services include the receipt of information regarding those services and related matters both before and during the journey . that information should be provided in accessible formats for persons with disabilities or persons with reduced mobility .


### without losing the right of transport , a passenger may request compensation for delays from the railway undertaking if he or she is facing a delay between the places of departure and destination stated in the transport contract for which the cost of the ticket has not been reimbursed in accordance with article 16 . the minimum compensations for delays shall be as follows : ### without losing the right of transport for the journey or combined journey a passenger shall be entitled to compensation for delays from the railway undertaking , tour operator or ticket vendor if he or she is facing a delay between the places of departure and destination for which the cost of the ticket has not been reimbursed in accordance with article 16 . the minimum compensations for delays shall be as follows :


### passengers shall be entitled to take bicycles on board the train , where appropriate for a reasonable fee . they shall keep their bicycles under supervision during the journey and ensure that no inconvenience or damage is caused to other passengers , mobility equipment , luggage or rail operations . the carriage of bicycles may be refused or restricted for safety or operational reasons , provided that railway undertakings , ticket vendors , tour operators and , where appropriate , station managers inform passengers of the conditions for such a refusal or restriction in accordance with regulation no 454 / 2011 . ### passengers shall be entitled to take bicycles on - board of the train , including on high speed , long distance and cross - border trains , where appropriate for a reasonable fee . all trains must include a well indicated designated space for the carriage of at least 8 assembled bicycles . railway undertakings shall comply with this requirement at the latest two years after the entry into force of this regulation . railway undertakings , ticket vendors , tour operators and , where appropriate , station managers shall inform passengers of the conditions for bicycles carriage on all services in accordance with regulation no 454 / 2011 .


### without losing the right of transport , a passenger may request compensation for delays from the railway undertaking if he or she is facing a delay between the places of departure and destination stated in the transport contract for which the cost of the ticket has not been reimbursed in accordance with article 16 . the minimum compensations for delays shall be as follows : ### without losing the right of transport for the journey , a passenger shall be entitled to compensation for delays from the railway undertaking if he or she is facing a delay between the places of departure and destination stated on the ticket and in the transport contract for which the cost of the ticket has not been reimbursed in accordance with article 16 . the minimum compensations for delays shall be as follows :


### in the context of the sale of tickets for the transport of passengers , member states should take all necessary measures to prohibit discrimination on the basis of nationality or residence , regardless whether the passenger concerned is present , permanently or on a temporary basis , in another member state . those measures should cover all covert forms of discrimination which , by the application of other criteria , such as residence , physical or digital location , may have the same effect . in light of the development of online platforms selling passenger transport tickets , member states should pay special attention to ensuring that no discrimination occurs during the process of accessing online interfaces or purchasing tickets . however , transport schemes involving social tariffs should not be automatically precluded , provided that they are proportionate and independent of the nationality of the persons concerned . ### in the context of the sale of tickets for the transport of passengers , member states should take all necessary measures to prohibit discrimination on the basis of nationality or residence , regardless whether the passenger concerned is present , permanently or on a temporary basis , in another member state . those measures should cover all covert forms of discrimination which , by the application of other criteria , such as residence , physical or digital location , may have the same effect . in light of the development of online platforms selling passenger transport tickets , member states should pay special attention to ensuring that no discrimination occurs during the process of accessing online interfaces or purchasing tickets . however , transport schemes involving social tariffs should not be precluded , provided that they are independent of the nationality of the persons concerned .


### railway undertakings and station managers should take into account the needs of persons with disabilities and persons with reduced mobility , through compliance with the tsi for persons with reduced mobility . in addition , in accordance with union public procurement rules , in particular directive 2014 / 24 / eu of the european parliament and of the council26 , all buildings and rolling stock should be made accessible through the progressive elimination of physical obstacles and functional hindrances when acquiring new material or carrying out construction or major renovation work . __________________ 26 directive 2014 / 24 / eu of the european parliament and of the council of 26 february 2014 on public procurement and repealing directive 2004 / 18 / ec . ### railway undertakings and station managers should take into account the needs of persons with disabilities and persons with reduced mobility , through compliance with the tsi for persons with reduced mobility and directive xxx when complementing tsi . in addition , in accordance with union public procurement rules , in particular directive 2014 / 24 / eu of the european parliament and of the council26 , all buildings and rolling stock should be made accessible through the progressive elimination of physical obstacles and functional hindrances when acquiring new material or carrying out construction or major renovation work . __________________ 26 directive 2014 / 24 / eu of the european parliament and of the council of 26 february 2014 on public procurement and repealing directive 2004 / 18 / ec .


### users’ rights to rail services include the receipt of information regarding the service both before and during the journey . whenever possible , railway undertakings and ticket vendors should provide this information in advance and as soon as possible . that information should be provided in accessible formats for persons with disabilities or persons with reduced mobility . ### consumers’ rights to rail services include the receipt of information regarding all available rail options and the service before , during and after the journey . railway undertakings , ticket vendors and tour operators should provide that information in advance and in real - time . that information should be provided in accessible formats for persons with disabilities and persons with reduced mobility and should be available publicly .


### station managers and infrastructure managers shall make real - time data relating to trains , including those operated by other railway undertakings available to railway undertakings and ticket vendors , in a non - discriminatory manner . ### station managers , infrastructure managers and railway undertakings shall make real - time data relating to trains , including those operated by other railway undertakings available to railway undertakings and ticket vendors , in a non - discriminatory manner , in the most appropriate format , in an interoperable technical interface using the latest communication technologies so that railway undertakings and ticket vendors provide passengers with all the information required under this regulation .


### in addition to the obligations on railway undertakings pursuant to article 13a of directive 2012 / 34 / eu , the station manager of a railway station handling at least 10 000 passengers per day on average over a year shall ensure that the operations of the station , the railway undertakings and the infrastructure manager are coordinated through a proper contingency plan in order to prepare for the possibility of major disruption and long delays leading to a considerable number of passengers being stranded in the station . the plan shall ensure that stranded passengers are provided with adequate assistance and information , including in accessible formats in accordance with the accessibility requirements laid down in directive xxx . upon request , the station manager shall make the plan , and any amendments to it , available to the national enforcement body or to any other body designated by a member state . station managers of railway stations handling fewer than 10 000 passengers per day on average over a year shall make all reasonable efforts to coordinate station users and to assist and inform stranded passengers in such situations . ### in addition to the obligations on railway undertakings pursuant to article 13aof directive 2012 / 34 / eu , the station manager of a railway station handling at least 10 000 passengers per day on average over a year shall ensure that the operations of the station , the railway undertakings and the infrastructure manager are coordinated through a proper contingency plan in order to prepare for the possibility of major disruption and long delays leading to a considerable number of passengers being stranded in the station . the plan shall pay particular attention to the needs of persons with disabilities and persons with reduced mobility and shall ensure that stranded passengers are provided with adequate assistance and information , including in accessible formats in accordance with the accessibility requirements laid down in directive xxx . the plan shall also include requirements for accessibility of alert and information systems . the station manager shall make the plan , and any amendments to it , publicly available , including on the station’s webpage . station managers of railway stations handling fewer than 10 000 passengers per day on average over a year shall make all reasonable efforts to coordinate station users and to assist and inform stranded passengers in such situations .


### member states should lay down penalties applicable to infringements of this regulation and ensure that these penalties are applied . the penalties , which might include the payment of compensation to the person in question , should be effective , proportionate and dissuasive . ### member states should lay down penalties applicable to infringements of this regulation and ensure that these penalties are applied . the penalties , which might include the payment of compensation to the person in question , should be effective , proportionate and dissuasive and should include , but not be limited to , a minimum fine or a percentage of the relevant undertaking’s or organisation’s annual turnover , whichever is the higher .


### in addition to the obligations on railway undertakings pursuant to article 13a of directive 2012 / 34 / eu , the station manager of a railway station handling at least 10 000 passengers per day on average over a year shall ensure that the operations of the station , the railway undertakings and the infrastructure manager are coordinated through a proper contingency plan in order to prepare for the possibility of major disruption and long delays leading to a considerable number of passengers being stranded in the station . the plan shall ensure that stranded passengers are provided with adequate assistance and information , including in accessible formats in accordance with the accessibility requirements laid down in directive xxx . upon request , the station manager shall make the plan , and any amendments to it , available to the national enforcement body or to any other body designated by a member state . station managers of railway stations handling fewer than 10 000 passengers per day on average over a year shall make all reasonable efforts to coordinate station users and to assist and inform stranded passengers in such situations . ### in addition to the obligations on railway undertakings pursuant to article 13a of directive 2012 / 34 / eu , the station manager of a railway station handling at least 5 000 passengers per day on average over a year shall ensure that the operations of the station , the railway undertakings and the infrastructure manager are coordinated through a proper contingency plan in order to prepare for the possibility of major disruption and delays leading to a considerable number of passengers being stranded in the station . the plan shall pay particular attention to the needs of persons with disabilities and persons with reduced mobility and shall ensure that stranded passengers are provided with adequate assistance and information , including in accessible formats in accordance with the accessibility requirements laid down in directive xxx . the plan shall also include requirements for the accessibility of alert and information systems . upon request , the station manager shall make the plan , and any amendments to it , available to the national enforcement body or to any other body designated by a member state . station managers of railway stations handling fewer than 5 000 passengers per day on average over a year shall make all reasonable efforts to coordinate station users and to assist and inform stranded passengers in such situations ;


### granting the same rights to rail passengers taking international and domestic journeys should raise the level of consumer protection in the union , ensure a level playing - field for railway undertakings and guarantee a uniform level of rights for passengers . ### granting the same rights to rail passengers taking international and domestic journeys should raise the level of passenger rights in the union , in particular as regards their access to information and compensation in case of delay or cancellation . passengers should receive as precise information as possible on their rights .


### subject matter ### subject matter and objectives


### without prejudice to social tariffs , railway undertakings or ticket vendors shall offer contract conditions and tariffs to the general public without direct or indirect discrimination on the basis of the final customer’s nationality or residence , or the place of establishment of the railway undertaking or ticket vendor within the union . ### without prejudice to social tariffs , railway undertakings , ticket vendors and tour operators shall offer contract conditions and tariffs and shall sell tickets and through - tickets to the general public and accept reservations from passengers without direct or indirect discrimination in particular on the basis of the final passenger’s nationality , origin or residence , the place of establishment of the railway undertaking or ticket vendor within the union . in addition , railway undertakings , ticket vendors and tour operators shall not , within the range of means of payment accepted by them , apply , for reasons related to a passenger´s nationality , place of residence , the location of the payment account , the place of establishment of the payment service provider or the place of issue of the payment instrument within the union , different conditions for a payment transaction , where : the payment transaction is made through an electronic transaction by credit transfer , direct debit or a card - based payment instrument within the same payment brand and category ; authentication requirements are fulfilled pursuant to directive 2015 / 2366 ; and the payment transactions are in a currency that the railway undertaking , ticket vendor or tour operators accepts .


### passengers’ rights in the event of cancellation or delay ; ### passengers’ rights and compensation in the event of disruption , such as cancellation or delay ;


### compensation for delay shall be calculated in relation to the full price which the passenger actually paid for the delayed service . where the transport contract is for a return journey , compensation for delay on either the outward or the return leg shall be calculated in relation to half of the price paid for the ticket . in the same way the price for a delayed service under any other form of transport contract allowing travelling several subsequent legs shall be calculated in proportion to the full price . ### compensation for delay shall be calculated in relation to the full price which the passenger actually paid for the delayed service , ticket or combined journey . where the transport contract is for a return journey , compensation for delay on either the outward or the return leg shall be calculated in relation to half of the price paid for the ticket or combined journey . in the same way the price for a delayed service under any other form of transport contract allowing travelling several subsequent legs shall be calculated in proportion to the full price .


### - percentage of delays of 60 - 119 minutes ; ### - percentage of delays of 45 - 89 minutes ;


### member states shall inform the commission of exemptions granted pursuant to points and of paragraph 2 , and on the adequacy of their national law on their territory for the purposes of point of paragraph 2 . ### member states shall inform the commission of exemptions granted pursuant to points , and of paragraph 2 .


### compensation for delay shall be calculated in relation to the full price which the passenger actually paid for the delayed service . where the transport contract is for a return journey , compensation for delay on either the outward or the return leg shall be calculated in relation to half of the price paid for the ticket . in the same way the price for a delayed service under any other form of transport contract allowing travelling several subsequent legs shall be calculated in proportion to the full price . ### compensation for cancellation or delay shall be calculated in relation to the full price which the passenger actually paid for the cancelled or delayed service . where the transport contract is for a return journey , compensation for cancellation or delay on either the outward or the return leg shall be calculated in relation to half of the price paid for the ticket . in the same way the price for a cancelled or delayed service under any other form of transport contract allowing travelling several subsequent legs shall be calculated in proportion to the full price .


### railway undertakings or , where appropriate , competent authorities responsible for a public service railway contract shall make public by appropriate means , including in accessible formats for persons with disabilities in accordance with accessibility requirements laid down in directive xxx31 , and before their implementation , decisions to discontinue services either permanently or temporarily . __________________ 31 directive xxx on the approximation of the laws , regulations and administrative provisions of the member states as regards the accessibility requirements for products and services . ### railway undertakings or , where appropriate , competent authorities responsible for a public service railway contract shall make public by appropriate means , and without delay including in accessible formats for persons with disabilities in accordance with accessibility requirements laid down in directive xxx31 , and in good time before implementation , proposals to discontinue or substantially reduce services either permanently or temporarily , and shall ensure that those proposals are subject to meaningful and proper consultation with stakeholders before any implementation takes place . __________________ 31 directive xxx on the approximation of the laws , regulations and administrative provisions of the member states as regards the accessibility requirements for products and services .


### the identity of the road transport operator ; ### the identity of the road transport operator and responsible persons ;


### member states shall not apply points and of the first subparagraph of article 3 of directive 96 / 71 / ec to drivers in the road transport sector employed by undertakings referred to in article 1 of that directive , when performing international carriage operations as defined by regulations 1072 / 2009 and 1073 / 2009 where the period of posting to their territory to perform these operations is shorter than or equal to 3 days during a period of one calendar month . ### member states shall not apply directive 96 / 71 / ec or directive 2014 / 67 / eu to transit and international transport operations as defined by regulations 1072 / 2009 and 1073 / 2009 .


### weekly working times as set out in articles 4 and 5 of directive 2002 / 15 / ec . ; ### weekly working times , provided that technology enables effective checks , as set out in articles 4 and 5 of directive 2002 / 15 / ec . ;


### trans - border aspects of infectious diseases and specific challenges in low - and middle - income countries , such as tropical diseases . ### trans - border aspects of infectious diseases and specific challenges in low - and middle - income countries , in particular poverty - related diseases , such as neglected tropical diseases , aids , tuberculosis , and malaria . poverty - related and neglected diseases need to be tackled in a comprehensive approach based on partnership with member states and affected regions .


### protecting people against cross - border health threats is a major challenge for public health , calling for effective international cooperation at eu and global level . this will involve prevention , preparedness , early detection , treatment and cure of infectious diseases , and also tackling antimicrobial resistance following a ' one health approach ' . ### protecting people against communicable diseases and cross - border health threats is a major challenge for public health , calling for effective international cooperation at eu and global level . this will involve prevention , preparedness , early detection , treatment and cure of infectious diseases , and also tackling antimicrobial resistance a number of infectious diseases lack private sector r&i investment because of the lack of market incentives to invest in the prevention , treatment , and diagnosis of these often poverty - related diseases , calling for more ambitious public sector investment .


### strengthening international cooperation ; ### strengthening international cooperation and contributing to the honouring of relevant union commitments , in particular in the addis ababa action agenda’s paragraphs 49 , 116 , 120 and 121 , and the paris agreement’s articles 7 . 7 and 10 . 5 ;


### the commission will systematically identify and record the results of the research and innovation activities under the programme and transfer or disseminate these results and knowledge produced in a non - discriminatory fashion to industry and enterprises of all sizes , public administrations , academia , civil society organisations and policy - makers , in order to maximise the european added value of the programme . ### the commission will systematically identify and record the results of the research and innovation activities under the programme and transfer or disseminate these results and knowledge produced in a non - discriminatory fashion to industry and enterprises of all sizes , public administrations , academia , civil society organisations and policy - makers , in order to maximise the european added value of the programme and its dedication to sustainable development goals . therefore , scientific publications , results and background data should be open access focused .


### where the company resulting from the cross - border division is operating under an employee participation system , that company shall be obliged to take measures to ensure that employees ' participation rights are protected in the event of any subsequent cross - border or domestic merger , division or conversion for a period of three years after the cross - border division has taken effect , by applying , mutatis mutandis , the rules laid down in paragraphs 1 to 6 . ### where the company resulting from the cross - border division is operating under an employee participation system , that company shall be obliged to take measures to ensure that employees ' participation rights are protected in the event of any subsequent cross - border or domestic merger , division or conversion for a period of ten years after the cross - border division has taken effect , by applying , mutatis mutandis , the rules laid down in paragraphs 1 to 6 .


### the report referred to in paragraph 1 of this article , shall be made available , at least electronically , to the representatives of the employees of each of the merging companies or , where there are no such representatives , to the employees themselves , not less than one month before the date of the general meeting referred to in article 126 . the report shall also be made similarly available to the members of each of the merging companies . ### the report referred to in paragraph 1 of this article , shall be made available , at least electronically , to european works council , to the representatives of the employees of each of the merging companies or , where there are no such representatives , to the employees themselves and the trade unions in the company , not less than one month before the date of the general meeting referred to in article 126 . the report shall also be made similarly available to the members of each of the merging companies .


### however , the rules in force concerning employee participation , if any , in the member state where the company resulting from the cross - border division has its registered office shall not apply , where the company being divided , in the six months prior to the publication of the draft terms of the cross - border division as referred to in article 160e of this directive , has an average number of employees equivalent to four fifths of the applicable threshold , laid down in the law of the member state of the company being divided , which triggers the participation of employees within the meaning of point of article 2 of directive 2001 / 86 / ec , or where the national law applicable to each of the recipient companies does not : ### however , the rules in force concerning employee participation , if any , in the member state where the company resulting from the cross - border division has its registered office shall not apply , where the company being divided , in the six months prior to the publication of the draft terms of the cross - border division as referred to in article 160e of this directive , has an average number of employees equivalent to four fifths of the applicable threshold , laid down in the law of the member state of the company being divided , which triggers the participation of employees within the meaning of article 160b paragraph 3a , or where the national law applicable to each of the recipient companies does not :


### in order to provide information its employees , the company being divided should prepare a report explaining the implications of the proposed cross - border division for employees . the report should explain in particular the implications of the proposed cross - border division on the safeguarding of the jobs of the employees , whether there would be any material change in the conditions of employment and the locations of the companies’ places of business , and how each of these factors would relate to any subsidiaries of the company . the provision of the report should be without prejudice to the applicable information and consultation proceedings instituted at national level following the implementation of directives 2001 / 23 / ec , 2002 / 14 / ec or 2009 / 38 / ec . ### in order to provide information its employees , the company being divided should prepare a report explaining the implications of the proposed cross - border division for employees . the report should explain in particular the implications of the proposed cross - border division on the safeguarding of the jobs of the employees , whether there would be any material change in the conditions of employment , the application of collective agreements and the locations of the companies’ places of business , and how each of these factors would relate to any subsidiaries of the company . the provision of the report should be without prejudice to the applicable information and consultation proceedings instituted at national level following the implementation of directives 2001 / 23 / ec , 2002 / 14 / ec or 2009 / 38 / ec .


### the first subparagraph of article 7 ; ### article 7 ;


### the right to convert an existing company formed in a member state into a company governed by another member state may in certain circumstances be used for abusive purposes such as for the circumvention of labour standards , social security payments , tax obligations , creditors ' , minority shareholders ' rights or rules on employees participation . in order to combat such possible abuses , a general principle of union law , member states are required to ensure that companies do not use the cross - border conversion procedure in order to create artificial arrangements aimed at obtaining undue tax advantages or at unduly prejudicing the legal or contractual rights of employees , creditors or members . in so far as it constitutes a derogation from a fundamental freedom , the fight against abuses must be interpreted strictly and be based on an individual assessment of all relevant circumstances . a procedural and substantive framework which describes the margin of discretion and allows for the diversity of approach by member states whilst at the same time setting out the requirements to streamline the actions to be taken by national authorities to fight abuses in conformity with union law should be laid down . ### the right to convert an existing company formed in a member state into a company governed by another member state may in certain circumstances be used for abusive purposes such as for the circumvention of labour standards , social security payments , tax obligations , creditors ' , minority shareholders ' rights or rules on employees participation . in order to combat such possible abuses , a general principle of union law , member states are required to ensure that companies do not use the cross - border conversion procedure in order to create artificial arrangements aimed at obtaining undue tax advantages or at unduly prejudicing the legal or contractual rights of employees , creditors or members . a procedural and substantive framework which describes the margin of discretion and allows for the diversity of approach by member states whilst at the same time setting out the requirements to streamline the actions to be taken by national authorities to fight abuses in conformity with union law should be laid down .


### member states shall ensure that the competent authority of the departure member state shall not authorise the cross - border conversion where it determines , after an examination of the specific case and having regard to all relevant facts and circumstances , that it constitutes an artificial arrangement aimed at obtaining undue tax advantages or at unduly prejudicing the legal or contractual rights of employees , creditors or minority members . ### member states shall ensure that the competent authority of the departure member state shall not authorise the cross - border conversion where it determines , after an examination of the specific case and having regard to all relevant facts and circumstances , that it constitutes an artificial arrangement . companies carrying out the cross - border conversion shall prove to have a real establishment and to pursue genuine and substantial economic activities in the destination member state according to the following criteria which needs to be met in an ongoing way : the ebitda generated by the operations of the company in the destination member state in the last two fiscal years corresponds at least to 25 % ebidta generated by the company in the european union ; the company shall have a fixed establishment performing substantial business activities with material premises , a relevant number of permanent employed workers , and a management body that is materially equipped to negotiate business with third parties ; the head office of the converted company shall be located on the destination member state within 5 months from the date on which the cross - border conversion takes effect according to article 86r ;


### in order to prevent the circumvention of employee participation rights by means of a cross - border conversion , the company carrying out a conversion which is registered in the member state which provides for the employee participation rights , should not be able to perform a cross - border conversion without first entering into negotiations with its employees or their representatives when the average number of employees employed by that company is equivalent to four fifths of the national threshold for triggering such employee participation . ### in order to prevent the circumvention of employee participation rights by means of a cross - border conversion , the company carrying out a conversion which is registered in the member state which provides for the employee participation rights , should not be able to perform a cross - border conversion without first entering into negotiations with its employees or their representatives .


### where the company resulting from the cross - border merger is operating under an employee participation system , that company shall be obliged to take measures to ensure that employees ' participation rights are protected in the event of any subsequent cross - border or domestic mergers , divisions or conversions for a period of three years after the cross - border merger has taken effect , by applying mutatis mutandis the rules laid down in paragraphs 1 to 6 . ### where the company resulting from the cross - border merger is operating under an employee participation system , that company shall be obliged to take measures to ensure that employees ' participation rights are protected in the event of any subsequent cross - border or domestic mergers , divisions or conversions for a period of ten years after the cross - border merger has taken effect , by applying mutatis mutandis the rules laid down in paragraphs 1 to 6 .


### after taking note of the reports referred to in articles 86e , 86f and 86g , where applicable , the general meeting of the company carrying out the conversion shall decide , by means of a resolution , whether to approve the draft terms of the cross - border conversion . the company shall inform the competent authority designated in accordance with article 86m of the decision of the general meeting . ### after taking note of the reports referred to in articles 86e , 86f and 86g , where applicable , the general meeting of the company carrying out the conversion shall decide , by means of a resolution , whether to approve the draft terms of the cross - border conversion . before a decision is taken , any preceding applicable information and consultation rights have to be met in such a way and at such a time that an opinion by the employee representatives can be taken into consideration . the company shall inform the competent authority designated in accordance with article 86m of the decision of the general meeting .


### on the basis of the draft terms of conversion and the reports , the general meeting of the members of the company should decide on whether or not to approve those draft terms . it is important that the majority requirement for such a vote should be sufficiently high in order to ensure that the decision to convert is a collective one . in addition , members should also have the right to vote on any arrangements concerning employee participation , if they have reserved that right during the general meeting . ### on the basis of the draft terms of conversion and the reports , the general meeting of the members of the company should decide on whether or not to approve those draft terms . it is important that the majority requirement for such a vote should be sufficiently high in order to ensure that the decision to convert is a collective one .


### the report referred to in paragraph 1 of this article shall be made available , at least electronically , to the members of the company being divided not less than two months before the date of the general meeting referred to in article 160k . that report shall also be made similarly available to the representatives of the employees of the company being divided or , where there are no such representatives , to the employees themselves . ### the report referred to in paragraph 1 of this article shall be made available , at least electronically , to the members of the company being divided not less than two months before the date of the general meeting referred to in article 160k . that report shall also be made similarly available to the european works council , the representatives of the employees of the company being divided or , where there are no such representatives , to the employees themselves and the trade unions in the company .


### after taking note of the reports referred to in articles 124 , 124a and 125 , as appropriate , the general meeting of each of the merging companies shall decide , by means of a resolution , on the approval of the common draft terms of the cross - border merger . ; ### after taking note of the reports referred to in articles 124 , 124a and 125 , as appropriate , the general meeting of each of the merging companies shall decide , by means of a resolution , on the approval of the common draft terms of the cross - border merger before a decision is taken , any preceding applicable information and consultation rights have to be met in such a way and at such a time that an opinion by the employee representatives can be taken into consideration ;


### the report shall be made available , at least electronically , to the members of each of the merging companies not less than one month before the date of the general meeting referred to in article 126 . the report shall also be made similarly available to the representatives of the employees of each of the merging companies , or where there are no such representatives , to the employees themselves . however , where the approval of the merger is not required by general meeting of the acquiring company in accordance with article 126 , the report shall be made available , at least one month before the date of the general meeting of the other merging company or companies . ### the report shall be made available , at least electronically , to the members of each of the merging companies not less than one month before the date of the general meeting referred to in article 126 . the report shall also be made similarly available to the representatives of the employees of each of the merging companies , or where there are no such representatives , to the european works council , the representatives of the employees of each of the merging companies , or where there are no such representatives , to employees themselves and the trade unions in the company . however , where the approval of the merger is not required by general meeting of the acquiring company in accordance with article 126 , the report shall be made available , at least one month before the date of the general meeting of the other merging company or companies .


### after taking note of the reports referred to in articles 160g , 160h and 160i , where applicable , the general meeting of the company being divided shall decide by means of a resolution , whether to approve the draft terms of cross - border division . the company shall inform the competent authority designated in accordance with article 160o of the decision of the general meeting . ### after taking note of the reports referred to in articles 160g , 160h and 160i , where applicable , the general meeting of the company being divided shall decide by means of a resolution , whether to approve the draft terms of cross - border division . before a decision is taken , any preceding applicable information and consultation rights have to be met in such a way and at such a time that an opinion by the employee representatives can be taken into consideration . the company shall inform the competent authority designated in accordance with article 160o of the decision of the general meeting .


### the management or administrative organ of the company which intends to carry out a cross - border conversion shall draw up the draft terms of a cross - border conversion . the draft terms of a cross - border conversion shall include at least the following : ### the management or administrative organ , including employee board level representatives , of the company which intends to carry out a cross - border conversion shall draw up the draft terms of a cross - border conversion . the draft terms of a cross - border conversion shall include at least the following :


### in the light of the resolution adopted at icao ' s 39th assembly in october 2016 on the implementation of a global market - based measure from 2021 to offset international aviation emissions above 2020 levels , it is considered appropriate to continue the existing derogation pending further progress on the design elements and the implementation of the global market - based measure . in this regard , the adoption of standards and recommended practices by icao to complement that resolution and implement the global system is planned for 2018 . however , its concrete operationalisation will require action by icao parties at domestic level . also , governance arrangements must be developed by icao , including a registry system . in this context , the current derogation of the eu ets obligations for flights to and from third countries should be extended , subject to the review on implementing the icao scheme , in order to promote momentum in icao and facilitate the operationalisation of the icao scheme . as a result of the extension of the derogation , the amount of allowances to be auctioned and issued for free , including from the special reserve , should be the same as would correspond to 2016 , and should be proportional to the reduction of the surrender obligation . ### in the light of the resolution adopted at icao ' s 39th assembly in october 2016 on the implementation of a global market - based measure from 2021 to offset international aviation emissions above 2020 levels , it is considered appropriate to continue the existing derogation pending further progress on the design elements and the implementation of the global market - based measure . in this regard , the adoption of standards and recommended practices by icao to complement that resolution and implement the global system is planned for 2018 . however , its concrete operationalisation will require action by icao parties at domestic level . also , governance arrangements must be developed by icao , including a registry system . in this context , the current derogation of the eu ets obligations for flights to and from third countries should be extended , subject to the review on implementing the icao scheme , in order to promote momentum in icao and facilitate the operationalisation of the icao scheme . if , however , any such scheme is not achieved by the end of 2021 , the extra - eea aviation activities should be included under the eu ets and a fund should be established for aviation operators´ contributions and collective compliance relating to co2 emissions already covered by requirements for monitoring , reporting and verification of greenhouse gas emissions under commission regulation no 601 / 2012 and commission regulation no 600 / 2012 . as a result of the extension of the derogation , the amount of allowances to be auctioned and issued for free , including from the special reserve , should be the same as would correspond to 2016 , and should be proportional to the reduction of the surrender obligation . additionally , a share of revenues from the auction of allowances to the aviation sector should be used to improve energy efficiency and support investments in innovative technologies for the reduction of co2 emissions in the aviation sector .


### for beneficiaries of refugee status , the residence permit shall have a period of validity of three years and be renewable thereafter for periods of three years . ### for beneficiaries of refugee status , the residence permit shall have a period of validity of five years and be renewable thereafter for periods of five years .


### member states may make participation in integration measures compulsory . ### member states shall make participation in integration measures easily accessible , free of charge and taking into account of the specific needs of the beneficiaries .


### national dispersal practices of beneficiaries of international protection shall be carried out to the extent possible without discrimination of beneficiaries of international protection and shall ensure equal opportunities regarding access to accommodation . ### national dispersal practices of beneficiaries of international protection shall be carried out without discrimination of beneficiaries of international protection and shall ensure equal opportunities regarding access to accommodation .


### the residence permit and the travel documents issued to beneficiaries of international protection for the first time or renewed following the entry into force of this regulation should comply with the rules laid down by regulation no 1030 / 2002 and council regulation no 2252 / 2004 respectively . ### the residence permit and the travel documents issued to beneficiaries of international protection following the entry into force of this regulation should comply with the rules laid down by regulation no 1030 / 2002 and council regulation no 2252 / 2004 respectively .


### the resources of the asylum , migration and refugee fund should be used to provide adequate support to member states’ efforts in implementing the standards set by the regulation , in particular to those member states which are faced with specific and disproportionate pressure on their asylum systems , due in particular to their geographical or demographic situation . ### the resources of the asylum , migration and refugee fund should be used to provide adequate support to member states’ efforts in implementing the standards set by the regulation , in particular to those member states which are faced with specific and disproportionate pressure on their asylum systems , due in particular to their geographical or demographic situation . in addition , member states should take full advantage , at all levels of governance , of the possibilities offered by funds which are not directly related to asylum and migration policy but which can be used to fund actions in that area , such as those available under the european social fund , the fund for european aid to the most deprived , horizon 2020 , the european regional development fund and the rights , equality and citizens programs . those funds should be made directly accessible to local and regional authorities for actions that fall directly under their responsibilities .


### the commission is empowered to adopt delegated acts in accordance with article 32 to amend the list of feedstocks in parts a and b of annex ix in order to add feedstocks , but not to remove them . each delegated act shall be based on an analysis of the latest scientific and technical progress , taking due account of the principles of the waste hierarchy established in directive 2008 / 98 / ec , in compliance with the union sustainability criteria , supporting the conclusion that the feedstock in question does not create an additional demand for land and promoting the use of wastes and residues , while avoiding significant distortive effects on markets for products , wastes or residues , delivering substantial greenhouse gas emission savings compared to fossil fuels , and not creating risk of negative impacts on the environment and biodiversity . ### the commission is empowered to adopt delegated acts in accordance with article 32 to amend the list of feedstocks in parts a and b of annex ix in order to add feedstocks , but not to remove them . each delegated act shall be based on an analysis of the latest scientific and technical progress , taking due account of the principles of the waste hierarchy established in directive 2008 / 98 / ec and the cascading use principle , in compliance with the union sustainability criteria , supporting the conclusion that the feedstock in question does not create an additional demand for land and promoting the use of wastes and residues , while avoiding significant distortive effects on markets for products , wastes or residues , delivering substantial greenhouse gas emission savings compared to fossil fuels , based on a life cycle assessment of emissions including emissions from the land sector and possible displacement effects , and not creating risk of negative impacts on the environment and biodiversity .


### promoting renewable forms of energy is one of the goals of the union energy policy . the increased use of energy from renewable sources , together with energy savings and increased energy efficiency , constitutes an important part of the package of measures needed to reduce greenhouse gas emissions and comply with the 2015 paris agreement on climate change , and the union 2030 energy and climate framework , including the binding target to cut emissions in the union by at least 40 % below 1990 levels by 2030 . it also has an important part to play in promoting the security of energy supply , technological development and innovation and providing opportunities for employment and regional development , especially in rural and isolated areas or regions with low population density . ### promoting renewable forms of energy is one of the goals of the union energy policy . the control of energy consumption in europe and the increased use of energy from renewable sources , together with energy savings and increased energy efficiency , constitute an important part of the package of measures needed to reduce greenhouse gas emissions and comply with the 2015 paris agreement on climate change , and the union 2030 energy and climate framework , including the binding target to cut emissions in the union by at least 40 % below 1990 levels by 2030 . it also has an important part to play in promoting the security of energy supply , technological development and innovation and providing opportunities for employment and regional development , especially in rural and isolated areas or regions with low population density .


### the available budget shall be allocated in a geographically balanced manner to projects meeting the above conditions in view of the proposals received and , in principle , on a ' first come , first served ' basis . ### the available budget shall be allocated in a geographically balanced manner to projects meeting the above conditions in view of the proposals received , while ensuring integration of less - developed and transition regions .


### member states shall ensure that legal assistance is granted on request free of charge where the person concerned cannot afford the costs involved . member states may provide that , as regards fees and other costs , the treatment of applicants shall not be more favourable than the treatment generally accorded to their nationals in matters pertaining to legal assistance . ### member states shall ensure that legal assistance is granted on request free of charge where the person concerned cannot afford the costs involved .


### - the minor children of couples referred to in the first indent or of the applicant , on condition that they are unmarried and regardless of whether they were born in or out of wedlock or adopted as defined under national law , ### - the children of couples referred to in the first indent or of the applicant , regardless of whether they were born in or out of wedlock or adopted as defined under national law ,


### before transferring an unaccompanied minor to the member state responsible or , where applicable , to the member state of allocation , the transferring member state shall make sure that the member state responsible or the member state of allocation takes the measures referred to in articles 14 and 24 of directive 2013 / 33 / eu and article 25 of directive 2013 / 32 / eu without delay . any decision to transfer an unaccompanied minor shall be preceded by an assessment of his / her best interests . the assessment shall be based on the factors listed in paragraph 3 . the assessment shall be done swiftly by staff with the qualifications and expertise to ensure that the best interests of the minor are taken into consideration . ### any decision on the member state responsible or , where applicable , on the member state of allocation concerning an unaccompanied minor shall be preceded by a multidisciplinary assessment of his / her best interests . the assessment shall be based on the factors listed in paragraph 3 and the conclusions of the assessment on each of the factors shall be clearly stated in the decision on responsibility . the multidisciplinary assessment shall involve competent staff with expertise in child rights , psychology and development and shall involve , at a minimum , the minor ' s guardian and legal advisor or counsellor . before any transfer of an unaccompanied minor takes place , the transferring member state shall obtain individual guarantees that the member state responsible or the member state of allocation takes the measures referred to in articles 14 and 24 of directive 2013 / 33 / eu and article 25 of directive 2013 / 32 / eu without delay . any decision to transfer an unaccompanied minor to another member state shall be preceded by an assessment of his or her best interests , carried out by the competent judicial or administrative authority according to the national law of the member state .


### the minor’s well - being and social development ; ### the minor’s well - being and social development , taking into particular consideration his or her ethnic , religious , cultural and linguistic background and the need for stability and continuity in the minor ' s care and custodial arrangements and access to health and education services ;


### of the objectives of this regulation and the consequences of making another application in a different member state as well as the consequences of leaving the member state where he or she is obliged to be present during the phases in which the member state responsible under this regulation is being determined and the application for international protection is being examined , in particular that the applicant shall not be entitled to the reception conditions set out in articles 14 to 19 of directive 2013 / 33 / eu in any member state other than the one where he or she is required to be present , with the exception of emergency health care ; ### of the objectives of this regulation and the consequences of making another application in a different member state as well as the consequences of leaving the member state where he or she is obliged to be present during the phases in which the member state responsible under this regulation is being determined and the application for international protection is being examined ;


### in order to provide for supplementary rules , 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 the identification of family members or relatives of an unaccompanied minor ; the criteria for establishing the existence of proven family links ; the criteria for assessing the capacity of a relative to take care of an unaccompanied minor , including where family members , siblings or relatives of the unaccompanied minor stay in more than one member state ; the elements for assessing a dependency link ; the criteria for assessing the capacity of a person to take care of a dependent person and the elements to be taken into account in order to assess the inability to travel for a significant period of time . in exercising its powers to adopt delegated acts , the commission shall not exceed the scope of the best interests of the child as provided for under article 8 of this regulation . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law - making of 13 april 2016 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and 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 provide for supplementary rules , 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 the periodicity and modalities for providing information to applicants on the status of the procedures under this regulation concerning them , the identification of family members , relatives or any other family relations of an unaccompanied minor ; the criteria for establishing the existence of proven family links ; the criteria for assessing the capacity of a relative to take care of an unaccompanied minor , including where family members , siblings or relatives of the unaccompanied minor stay in more than one member state ; the elements for assessing a dependency link ; the criteria for assessing the capacity of a person to take care of a dependent person ; and the elements to be taken into account in order to assess the inability to travel for a significant period of time . in exercising its powers to adopt delegated acts , the commission shall not exceed the scope of the best interests of the child as provided for under article 8 of this regulation . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law - making of 13 april 2016 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and council receive all documents at the same time as member states ' experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts .


### where no transfer decision referred to in paragraph 1 is taken , member states shall provide for an effective remedy before a court or tribunal , where the applicant claims that a family member or , in the case of unaccompanied minors , a relative is legally present in a member state other than the one which is examining his or her application for international protection , and considers therefore that other member state as member state responsible for examining the application . ### where no transfer decision referred to in paragraph 1 is taken , member states shall provide for an effective remedy before a court or tribunal , where the applicant claims that another member state is responsible for examining the application .


### in order to guarantee effective protection of the rights of the persons concerned , legal safeguards and the right to an effective remedy in respect of decisions regarding transfers to the member state responsible should be established , in accordance , in particular , with article 47 of the charter of fundamental rights of the european union . an effective remedy should also be provided in situations when no transfer decision is taken but the applicant claims that another member state is responsible on the basis that he has a family member or , for unaccompanied minors , a relative in another member state . in order to ensure that international law is respected , an effective remedy against such decisions should cover both the examination of the application of this regulation and of the legal and factual situation in the member state to which the applicant is transferred . the scope of the effective remedy should be limited to an assessment of whether applicants ' fundamental rights to respect of family life , the rights of the child , or the prohibition of inhuman and degrading treatment risk to be infringed upon . ### in order to guarantee effective protection of the rights of the persons concerned , legal safeguards and the right to an effective remedy in respect of decisions regarding transfers to the member state responsible should be established , in accordance , in particular , with article 47 of the charter of fundamental rights of the european union . an effective remedy should also be provided in situations when no transfer decision is taken but the applicant claims that another member state is responsible on the basis that he has a family member or , for unaccompanied minors , a relative in another member state , provided that such a transfer is in the best interests of the child . in order to ensure that international law is respected , an effective remedy against such decisions should cover both the examination of the application of this regulation and of the legal and factual situation in the member state to which the applicant is transferred .


### the personal interview shall take place under conditions which ensure appropriate confidentiality . it shall be conducted by a qualified person under national law . ### the personal interview shall take place under conditions which ensure appropriate confidentiality . it shall be conducted by a qualified person under national law . applicants who are identified as being in need of special procedural guarantees should be provided with adequate support , including sufficient time , in order to create the conditions necessary for effectively presenting all elements that would allow for the determination of the member state responsible .


### the information referred to in paragraph 1 shall be provided in writing in a language that the applicant understands or is reasonably supposed to understand . member states shall use the common leaflet drawn up pursuant to paragraph 3 for that purpose . ### the information referred to in paragraph 1 shall be provided in writing in a language that the applicant understands , in a concise , transparent , intelligible and easily accessible form , using clear and plain language . with regard to minors and , in particular , to unaccompanied minors the information shall be provided in a child - friendly manner by appropriately trained staff . member states shall use the common information material drawn up pursuant to paragraph 3 for that purpose .


### when the allocation mechanism applies , the applicants who lodged their applications in the benefitting member state should be allocated to member states which are below their share of applications on the basis of the reference key as applied to those member states . appropriate rules should be provided for in cases where an applicant may for serious reasons be considered a danger to national security or public order , especially rules as regards the exchange of information between competent asylum authorities of member states . after the transfer , the member state of allocation should determine the member state responsible , and should become responsible for examining the application , unless the overriding responsible criteria , related in particular to the presence of family members , determine that a different member state should be responsible . ### when the corrective mechanism applies , the applicants who lodged their applications in the benefitting member state should be given the choice between the different member states which are below their share of applications on the basis of the reference key as applied to those member states . after the transfer , the member state of allocation should become responsible for examining the application , unless the overriding responsible criteria listed under chapter iii determine that a different member state should have been responsible .


### ‘ resettled person’ means a person subject to the process of resettlement whereby , on a request from the united nations high commissioner for refugees based on a person’s need for international protection , third - country nationals are transferred from a third country and established in a member state where they are permitted to reside with one of the following statuses : ### ' resettled person ' means a person subject to a process of resettlement whereby , on a request based on a person ' s need for international protection and coming from the united nations high commissioner for refugees , third - country nationals are transferred from a third country and established in a member state where they are permitted to reside with one of the following statuses :


### member states shall ensure that the person concerned has access to legal assistance and , where necessary , to linguistic assistance . ### without prejudice to the applicant ' s right to choose his or her own legal adviser or other counsellor at his or her own cost , member states shall ensure that the person concerned has access to legal assistance and representation and , where necessary , to linguistic assistance at all stages of the procedures provided for in this regulation .


### each member state where an unaccompanied minor is obliged to be present shall ensure that a representative represents and / or assists the unaccompanied minor with respect to the relevant procedures provided for in this regulation . the representative shall have the qualifications and expertise to ensure that the best interests of the minor are taken into consideration during the procedures carried out under this regulation . such representative shall have access to the content of the relevant documents in the applicant’s file including the specific leaflet for unaccompanied minors . ### each member state where an unaccompanied minor is present shall ensure that a guardian represents and / or assists the unaccompanied minor with respect to all procedures provided for in this regulation . the guardian shall have the qualifications and expertise to ensure that the best interests of the minor are taken into consideration during the procedures carried out under this regulation . such a guardian shall have access to the content of the relevant documents in the applicant’s file including the specific information material for unaccompanied minors . the guardian shall be appointed as soon as possible , but at the latest within five days from the date of the making of the application .


### the member state conducting the personal interview shall make a written summary thereof which shall contain at least the main information supplied by the applicant at the interview . this summary may either take the form of a report or a standard form . the member state shall ensure that the applicant and / or the legal advisor or other counsellor who is representing the applicant have timely access to the summary . ### the member state conducting the personal interview shall make a written summary thereof which shall contain at least the main information supplied by the applicant at the interview . the information in the summary shall be verified with the applicant and , where relevant , the guardian and / or legal advisor or counsellor , during the interview . this summary may either take the form of a report or a standard form . the member state shall ensure that the applicant and / or the guardian , the legal advisor or counsellor who is representing the applicant have access to the summary as soon as possible after the interview , and in any case before a transfer decision is taken .


### the applicant shall submit as soon as possible and at the latest during the interview pursuant to article 7 , all the elements and information relevant for determining the member state responsible and cooperate with the competent authorities of the member states . ### the applicant shall submit as soon as possible all the available elements and information relevant for determining the member state responsible and cooperate with the competent authorities of the member states . the competent authorities shall take into account the elements and information relevant for determining the member state responsible only insofar as they have been submitted before the final decision determining the member state responsible .


### in order to ensure full respect for the principle of family unity and for the best interests of the child , the existence of a relationship of dependency between an applicant and his or her child , sibling or parent on account of the applicant’s pregnancy or maternity , state of health or old age , should become a binding responsibility criterion . when the applicant is an unaccompanied minor , the presence of a family member or relative on the territory of another member state who can take care of him or her should also become a binding responsibility criterion . in order to discourage secondary movements of unaccompanied minors , which are not in their best interests , in the absence of a family member or a relative , the member state responsible should be that where the unaccompanied minor first has lodged his or her application for international protection , unless it is demonstrated that this would not be in the best interests of the child . before transferring an unaccompanied minor to another member state , the transferring member state should make sure that that member state will take all necessary and appropriate measures to ensure the adequate protection of the child , and in particular the prompt appointment of a representative or representatives tasked with safeguarding respect for all the rights to which they are entitled . any decision to transfer an unaccompanied minor should be preceded by an assessment of his / her best interests by staff with the necessary qualifications and expertise . ### in order to ensure full respect for the principle of family unity and for the best interests of the child , the presence of family members should become a binding responsibility criterion . in particular , the existence of a relationship of dependency between an applicant and his or her child , sibling or parent on account of the applicant’s pregnancy or maternity , state of health or old age , should become a binding responsibility criterion . when the applicant is an unaccompanied minor , the presence of a family member or relative on the territory of another member state who can take care of him or her should also become a binding responsibility criterion . in order to discourage secondary movements of unaccompanied minors , in the absence of a family member or a relative , the member state responsible should be that where the unaccompanied minor is present , provided that , following a multidisciplinary assessment of the child ' s best interests , it is demonstrated that this would be in the best interests of the child . before transferring an unaccompanied minor to another member state , the transferring member state should obtain individualised guarantees from that member state that it will take all necessary and appropriate measures to ensure the adequate protection of the child , and in particular the prompt appointment of a guardian tasked with safeguarding respect for all the rights to which they are entitled . any decision on responsibility or to transfer an unaccompanied minor should be preceded by a multidisciplinary assessment of his / her best interests by staff with the necessary qualifications and expertise and the participation of his or her guardian and legal advisor or counsellor .


### in order to ensure full respect for the principle of family unity and for the best interests of the child , the existence of a relationship of dependency between an applicant and his or her child , sibling or parent on account of the applicant’s pregnancy or maternity , state of health or old age , should become a binding responsibility criterion . when the applicant is an unaccompanied minor , the presence of a family member or relative on the territory of another member state who can take care of him or her should also become a binding responsibility criterion . in order to discourage secondary movements of unaccompanied minors , which are not in their best interests , in the absence of a family member or a relative , the member state responsible should be that where the unaccompanied minor first has lodged his or her application for international protection , unless it is demonstrated that this would not be in the best interests of the child . before transferring an unaccompanied minor to another member state , the transferring member state should make sure that that member state will take all necessary and appropriate measures to ensure the adequate protection of the child , and in particular the prompt appointment of a representative or representatives tasked with safeguarding respect for all the rights to which they are entitled . any decision to transfer an unaccompanied minor should be preceded by an assessment of his / her best interests by staff with the necessary qualifications and expertise . ### in order to ensure full respect for the principle of family unity and for the best interests of the child , the existence of a relationship of dependency between an applicant and his or her child , sibling or parent on account of the applicant ' s pregnancy or maternity , state of health or old age , should become a binding responsibility criterion . when the applicant is an unaccompanied minor , the presence of a family member or relative on the territory of another member state who can take care of him or her should also become a binding responsibility criterion . in order to discourage secondary movements of unaccompanied minors , which are not in their best interests , in the absence of a family member or a relative , the member state responsible should be that where the unaccompanied minor first has lodged his or her application for international protection , unless it is demonstrated that this would not be in the best interests of the child . before transferring an unaccompanied minor to another member state , the transferring member state should make sure that that member state will take all necessary and appropriate measures to ensure the adequate protection of the child , and in particular the prompt appointment of a representative or representatives tasked with safeguarding respect for all the rights to which they are entitled . any decision to transfer an unaccompanied minor should be preceded by an assessment of his / her best interests by staff with the necessary qualifications and expertise . if for any reason the age of the applicant is not clearly over 18 years of age the member state have the full right to medically investigate the applicant to establish the age of the applicant .


### the detention of applicants should be applied in accordance with the underlying principle that a person should not be held in detention for the sole reason that he or she is seeking international protection . detention should be for as short a period as possible and subject to the principles of necessity and proportionality . in particular , the detention of applicants must be in accordance with article 31 of the geneva convention . the procedures provided for under this regulation in respect of a detained person should be applied as a matter of priority , within the shortest possible deadlines . as regards the general guarantees governing detention , as well as detention conditions , where appropriate , member states should apply the provisions of directive 2013 / 33 / eu also to persons detained on the basis of this regulation . ### a person should not be held in detention on the basis of this regulation .


### in a situation referred to in article 20 , , or the member state where the person is present shall make a take back notification at the latest within two weeks after receiving the eurodac hit , and transfer that person to the member state responsible . ### in a situation referred to in article 20 , , or the member state where the person is present shall make a take back request at the latest within two weeks after receiving the eurodac hit .


### the member state in which an application for international protection is made and which is carrying out the process of determining the member state responsible may , at any time before a member state responsible has been determined , request another member state to take charge of an applicant in order to bring together any family relations , even where that other member state is not responsible under the criteria laid down in articles 10 to 13 and 18 . the persons concerned must express their consent in writing . ### the member state in which an application for international protection is lodged and which is carrying out the process of determining the member state responsible , or the member state responsible , may , at any time before a first decision regarding substance is taken , request another member state to take charge of an applicant in order to bring together any family relations , on humanitarian grounds based in particular on family , cultural or social ties or language skills which would facilitate his or her integration into that other member state , even where that other member state is not responsible under the criteria laid down in articles 10 to 13 and 18 . the persons concerned must express their consent in writing .