### member states , in consultation with national regulatory authorities and emergency services and providers of electronic communications services , shall ensure that undertakings providing end - users with number - based interpersonal communications service provide access to emergency services through emergency communications to the most appropriate psap . in case of an appreciable threat to effective access to emergency services the obligation for undertakings may be extended to all interpersonal communications services in accordance with the conditions and procedure set out in article 59 . ### member states , in consultation with national regulatory authorities and emergency services and providers of electronic communications services , shall ensure that undertakings providing end - users with number - based interpersonal communications service provide access to emergency services through emergency communications , including through total conversation services , to the most appropriate psap . in case of an appreciable threat to effective access to emergency services the obligation for undertakings may be extended to all interpersonal communications services in accordance with the conditions and procedure set out in article 59 .


### networks used for the distribution of radio or television broadcasts to the public include cable , iptv , satellite and terrestrial broadcasting networks . they might also include other networks to the extent that a significant number of end - users use such networks as their principal means to receive radio and television broadcasts . must carry obligations can include the transmission of services specifically designed to enable appropriate access by disabled users . accordingly complementary services include , amongst others , services designed to improve accessibility for end - users with disabilities , such as videotext , subtitling , audio description and sign language . because of the growing provision and reception of connected tv services and the continued importance of electronic programme guides for user choice the transmission of programme - related data supporting those functionalities can be included in must carry obligations . ### networks used for the distribution of radio or television broadcasts to the public include cable , iptv , satellite and terrestrial broadcasting networks . they might also include other networks to the extent that a significant number of end - users use such networks as their principal means to receive radio and television broadcasts . must carry obligations should include the transmission of services specifically designed to enable equivalent access by users with disabilities . accordingly complementary services include , amongst others , services designed to improve accessibility for end - users with disabilities , such as videotext , subtitling for the deaf and hard of hearing , audio description , spoken subtitles and sign language interpretation . because of the growing provision and reception of connected tv services and the continued importance of electronic programme guides for user choice the transmission of accessible programme - related data supporting those functionalities should be included in must carry obligations .


### member states shall ensure as far as appropriate that national regulatory authorities take account of the views of end - users , consumers , manufacturers and undertakings that provide electronic communications networks and / or services on issues related to all end - user and consumer rights concerning publicly available electronic communications services , in particular where they have a significant impact on the market . ### member states shall ensure that national regulatory authorities take account of the views of end - users , consumers including , in particular , consumers with disabilities , manufacturers and undertakings that provide electronic communications networks and / or services , as well as their representative organisations , on issues related to all end - user and consumer rights , including equivalent access and choice for end - users with disabilities , concerning publicly available electronic communications services , in particular where they have a significant impact on the market .


### networks used for the distribution of radio or television broadcasts to the public include cable , iptv , satellite and terrestrial broadcasting networks . they might also include other networks to the extent that a significant number of end - users use such networks as their principal means to receive radio and television broadcasts . must carry obligations can include the transmission of services specifically designed to enable appropriate access by disabled users . accordingly complementary services include , amongst others , services designed to improve accessibility for end - users with disabilities , such as videotext , subtitling , audio description and sign language . because of the growing provision and reception of connected tv services and the continued importance of electronic programme guides for user choice the transmission of programme - related data supporting those functionalities can be included in must carry obligations . ### must - carry obligations should be applied in a technologically neutral manner taking into account evolving media distribution systems and consumer trends . electronic communications networks and services used for the distribution of radio or audiovisual media services broadcasts to the public include cable , iptv , satellite and terrestrial broadcasting networks . they might also include other networks to the extent that a significant number of end - users use such networks as their principal means to receive radio and audiovisual media services . must carry obligations should include the transmission of services specifically designed to enable equivalent access by users with disabilities . accordingly complementary services include , amongst others , services designed to improve accessibility for end - users with disabilities , such as videotext , subtitling for the deaf and hard of hearing , audio description , spoken subtitles and sign language interpretation . because of the growing provision and reception of connected tv services and the continued importance of electronic programme guides for user choice the transmission of accessible programme - related data should be included in must carry obligations .


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


### member states should introduce measures to promote the creation of a market for affordable products and services incorporating facilities for disabled end - users , including equipment with assistive technologies . this can be achieved , inter alia , by referring to european standards , or by introducing requirements in accordance with directive xxx / yyyy / eu of the european parliament and of the council on the approximation of the laws , regulations and administrative provisions of the member states as regards the accessibility requirements for products and services38 member states should define appropriate measures according to national circumstances , which gives flexibility for member states to take specific measures for instance if the market is not delivering affordable products and services incorporating facilities for disabled end - users under normal economic conditions . __________________ 38 oj c [ … ] , [ … ] , p . [ … ] . ### member states should introduce measures to promote the creation of a market following a universal design approach for affordable and accessible products and services incorporating facilities for end - users with disabilities , including when necessary assistive technologies interoperable with publicly available electronic communication equipment and services . this can be achieved , inter alia , by referring to european standards , or by introducing requirements in accordance with directive xxx / yyyy / eu of the european parliament and of the council on the approximation of the laws , regulations and administrative provisions of the member states as regards the accessibility requirements for products and services38 member states should define appropriate measures according to national circumstances , which gives flexibility for member states to take specific measures for instance if the market is not delivering affordable products and services incorporating facilities for end - users with disabilities under normal economic conditions . __________________ 38 oj c [ … ] , [ … ] , p . [ … ] .


### to the extent that is necessary to ensure accessibility for end - users to digital radio and television broadcasting services specified by the member state , obligations on operators to provide access to the other facilities referred to in annex ii , part ii on fair , reasonable and non - discriminatory terms . ### to the extent that is necessary to ensure accessibility for end - users to digital radio and audiovisual media services as well as related complementary services specified by the member state , obligations on operators to provide access to the other facilities referred to in annex ii , part ii on fair , reasonable and non - discriminatory terms .


### if a member state other than the member state which entered the data has reason to believe that data recorded in the central system are inaccurate or that data was processed in the central system in contravention of this regulation , it shall contact the central authority of the convicting member state without delay . the convicting member state shall check the accuracy of the data and the lawfulness of its processing within one month . ### if a member state other than the member state which entered the data has reason to believe that data recorded in the central system are inaccurate or that data was processed in the central system in contravention of this regulation , it may contact the central authority of the convicting member state . the convicting member state shall check the accuracy of the data and the lawfulness of its processing .


### rules on the liability of the member states in respect to damage arising from any breach of this regulation should be laid down . ### rules on the liability of the member states and union agencies making use of the ecris - tcn system in respect to damage arising from any breach of this regulation should be laid down .


### prior to the design and development phase , a programme management board composed of a maximum of ten members shall be established by the management board of eu - lisa . it shall be composed of eight representatives appointed by the management board , the chair of the ecris - tcn system advisory group referred to in article 36 and one member appointed by the commission . the members appointed by the management board shall be elected only from those member states which are fully bound under union law by the legislative instruments governing the ecris and which will participate in the ecris - tcn system . the management board shall ensure that the representatives it appoints shall have the necessary experience and expertise in the development and management of it systems supporting judicial and criminal records authorities . the programme management board shall meet at least once every three months , and more often when necessary . it shall ensure the adequate management of the design and development phase of the ecris - tcn system . the programme management board shall submit written reports every month to eu - lisa’s management board on progress of the project . it shall have no decision - making power nor any mandate to represent the members of the management board . ### prior to the design and development phase , a programme management board composed of a maximum of ten members shall be established by the management board of eu - lisa . it shall be composed of seven representatives appointed by the management board , the chair of the ecris - tcn system advisory group referred to in article 36 , one member appointed by the commission and one member appointed by the european data protection supervisor . the members appointed by the management board shall be elected only from those member states which are fully bound under union law by the legislative instruments governing the ecris and which will participate in the ecris - tcn system . the management board shall ensure that the representatives it appoints shall have the necessary experience and expertise in the development and management of it systems supporting judicial and criminal records authorities . the programme management board shall meet at least once every three months , and more often when necessary . it shall ensure the adequate management of the design and development phase of the ecris - tcn system . the programme management board shall submit written reports every month to eu - lisa’s management board on progress of the project . it shall have no decision - making power nor any mandate to represent the members of the management board .


### when criminal records information on a third country national is requested in a member state for the purposes of criminal proceedings against that third country national or for any purposes other than that of criminal proceedings in accordance with its national law , the central authority of that member state shall use the ecris - tcn system to identify the member state holding criminal record information on that third county national in order to obtain information on previous convictions through ecris . ### when criminal records information on a third country national is requested in a member state for the purposes of criminal proceedings against that third country national , the central authority of that member state shall use the ecris - tcn system to identify the member state holding criminal record information on that third county national in order to obtain information on previous convictions through ecris .


### ' fingerprint data ' means the data relating to plain and rolled impressions of the fingerprints of all ten fingers ; ### ' fingerprint data ' means the data relating to plain and rolled impressions of fingerprints that have been collected during criminal proceedings in accordance with national law ;


### if a member state other than the member state which entered the data has reason to believe that data recorded in the central system are inaccurate or that data was processed in the central system in contravention of this regulation , it shall contact the central authority of the convicting member state without delay . the convicting member state shall check the accuracy of the data and the lawfulness of its processing within one month . ### if a member state other than the member state which entered the data has reason to believe that data recorded in the central system are inaccurate or that data was processed in the central system in contravention of this regulation , it shall immediately contact the central authority of the convicting member state . the convicting member state shall promptly check the accuracy of the data and the lawfulness of its processing , and in any event not later than within one month . in these cases , the convicting member state shall immediately inform the european data protection supervisor and the national supervisory authority for data protection of any such incidents .


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


### where there are reasons for considering that there is a risk that an applicant may abscond , member states shall , where necessary , require the applicant to report to the competent authorities , or to appear before them in person , either without delay or at a specified time as frequently as necessary to effectively prevent the applicant from absconding . ### where there are specific and objective reasons for considering that there is a serious and imminent risk that an applicant may abscond , member states may , where necessary , proportionate and duly justified after an individualised assessment carried out by a judicial authority , and after consulting with the applicant , require the applicant to report to the competent authorities , electronically or by telephone or to appear before them in person , at a reasonable frequency and time . these measures shall be necessary , proportionate and shall not be so extensive or invasive as to restrict the applicant ' s freedom of movement or right to privacy and family life .


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


### those working with victims of torture , rape or other serious acts of violence shall have had and shall continue to receive appropriate training concerning their needs , and shall be bound by the confidentiality rules provided for in national law , in relation to any information they obtain in the course of their work . ### those working with victims of gender - based harm , torture , rape or other serious acts of psychological , physical or sexual violence , including health professionals in charge of implementing paragraph 1 , shall have had and shall continue to receive appropriate training concerning their needs , and appropriate rehabilitation methods , and shall be bound by the confidentiality rules provided for in national law , in relation to any information they obtain in the course of their work .


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


### where there are reasons for considering that there is a risk that an applicant may abscond , member states shall , where necessary , require the applicant to report to the competent authorities , or to appear before them in person , either without delay or at a specified time as frequently as necessary to effectively prevent the applicant from absconding . ### where there are reasons for considering that there is a risk that an applicant may abscond , member states may , where necessary and proportionate and on the basis of a decision of judicial authorities , require the applicant to report to the competent authorities , or to appear before them in person , either without delay or at a specified time as frequently as necessary to effectively prevent the applicant from absconding .


### when resorting to those exceptional measures , the member state concerned shall inform the commission and the european union agency for asylum . it shall also inform the commission and the european union agency for asylum as soon as the reasons for applying these exceptional measures have ceased to exist . ### when resorting to those exceptional measures , the member state concerned shall inform the commission and the european union agency for asylum without delay . it shall also inform the commission and the european union agency for asylum as soon as the reasons for applying these exceptional measures have ceased to exist .


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


### fails to attend compulsory integration measures ; or ### intentionally fails to attend compulsory integration measures ; or


### education and vocational training , except study and maintenance grants and loans or other grants and loans related to education and vocational training ; ### education and vocational training ;


### member states shall ensure that applicants have access to the labour market no later than 6 months from the date when the application for international protection was lodged if an administrative decision by the competent authority has not been taken and the delay cannot be attributed to the applicant . ### member states shall ensure that applicants have access to the labour market from the date when the application for international protection was lodged .


### the scope of the definition of family member should reflect the reality of current migratory trends , according to which applicants often arrive to the territory of the member states after a prolonged period of time in transit . the definition should therefore include families formed outside the country of origin , but before their arrival on the territory of the member states . ### the scope of the definition of family member should reflect the reality of current migratory trends , according to which applicants often arrive to the territory of the member states after a prolonged period of time in transit . the definition should therefore include families formed outside the country of origin , but before their arrival on the territory of the member states . regarding unmarried couples , the notion should not discriminate based on the gender of the partners .


### member states shall as soon as possible and no later than five working days from the moment when an unaccompanied minor makes an application for international protection take measures to ensure that a guardian represents and assists the unaccompanied minor to enable him or her to benefit from the rights and comply with the obligations provided for in this directive . the guardian appointed in accordance with article [ 22 ] of regulation no xxx / xxx [ procedures regulation ] may perform those tasks . the unaccompanied minor shall be informed immediately of the appointment of the guardian . where an organisation is appointed as guardian , it shall designate a person responsible for carrying out the duties of guardian in respect of the unaccompanied minor , in accordance with this directive . the guardian shall perform his or her duties in accordance with the principle of the best interests of the child , as prescribed in article 22 , shall have the necessary expertise to that end and shall not have a verified record of child - related crimes or offences . in order to ensure the minor’s well - being and social development referred to in article 22 , the person acting as guardian shall be changed only when necessary . organisations or individuals whose interests conflict or could potentially conflict with those of the unaccompanied minor shall not be appointed as guardians . ### member states shall as soon as possible and no later than five days from the moment when an unaccompanied minor arrives in a member state take measures to ensure that a guardian represents and assists the unaccompanied minor to enable him or her to benefit from the rights and comply with the obligations provided for in this directive . the guardian appointed in accordance with article [ 22 ] of regulation no xxx / xxx [ procedures regulation ] may perform those tasks . the unaccompanied minor shall be informed immediately of the appointment of the guardian . where an organisation is appointed as guardian , it shall designate a person responsible for carrying out the duties of guardian in respect of the unaccompanied minor , in accordance with this directive . the guardian shall perform his or her duties in accordance with the principle of the best interests of the child , as prescribed in article 22 , shall have the necessary expertise to that end , shall receive continuous and appropriate training to that end and shall not have a verified criminal record nor a record of child - related crimes or offences . in order to ensure the minor’s well - being and social development referred to in article 22 , the person acting as guardian shall be changed only when necessary . organisations or individuals whose interests conflict or could potentially conflict with those of the unaccompanied minor shall not be appointed as guardians .


### member states shall where necessary decide on the residence of an applicant in a specific place for any of the following reasons : ### member states may decide on the residence of an applicant in a specific place for any of the following reasons :


### member states shall ensure that persons who have been subjected to gender - based harm , torture , rape or other serious acts of violence receive the necessary treatment for the damage caused by such acts , in particular access to appropriate medical and psychological treatment or care . ### member states shall ensure that persons who have been subjected to sexual and gender - based violence , other forms of bias - motivated violence , torture , rape or other serious acts of psychological , physical or sexual violence are provided with holistic rehabilitation services for the damage caused by such acts , in particular access to appropriate medical and psychological treatment or care as well as qualified counselling , with the support of a qualified interpreter where needed . access to that support shall be as early as possible after a victim has been identified .


### refer applicants to a doctor or a psychologist for further assessment of their psychological and physical state where there are indications that applicants may have been victim of torture , rape or of another serious form of psychological , physical or sexual violence and that this could affect the reception needs of the applicant ; and ### refer applicants to a doctor or a psychologist for further assessment of their psychological and physical state where there are indications that applicants may have been victim of torture , rape or of another serious form of psychological , physical , bias - motivated or sexual and gender - based violence and that this could affect the reception needs of the applicant ; and


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


### member states shall ensure that the information referred to in paragraph 1 is in writing using a standard template which shall be developed by the european union agency for asylum and in a language that the applicant understands or is reasonably supposed to understand . where necessary , this information shall also be supplied orally and adapted to the needs of minors . ### member states shall ensure that the information referred to in paragraph 1 is in writing using a standard template which shall be developed by the european union agency for asylum and in a language that the applicant understands . where necessary , this information shall also be supplied orally and adapted to the needs of the person concerned , taking account of their individual circumstances .


### member states shall ensure that persons who have been subjected to gender - based harm , torture , rape or other serious acts of violence receive the necessary treatment for the damage caused by such acts , in particular access to appropriate medical and psychological treatment or care . ### member states shall ensure that persons who have been subjected to sexual and gender - based violence , other forms of bias - motivated violence , torture , rape or other serious acts of violence receive the necessary treatment for the damage caused by such acts , in particular access to appropriate medical and psychological treatment or care .


### having regard to the treaty on the functioning of the european union , and in particular articles 16 , 33 , 43 , 50 , 53 , 62 , 91 , 100 , 103 , 109 , 114 , 168 , 169 , 192 , 207 and 325 thereof and to the treaty establishing the european atomic energy community , and in particular article 31 thereof , ### having regard to the treaty on the functioning of the european union , and in particular articles 16 , 33 , 43 , 50 , 53 , 62 , 91 , 100 , 103 , 109 , 114 , 153 , 154 , 168 , 169 , 192 , 207 and 325 thereof and to the treaty establishing the european atomic energy community , and in particular article 31 thereof ,


### ‘ retaliation’ means any threatened or actual act or omission prompted by the internal or external reporting which occurs in a work - related context and causes or may cause unjustified detriment to the reporting person ; ### ‘ retaliation’ means any threatened or actual act or omission prompted by the internal or external reporting and causes or may cause unjustified detriment to the reporting person ;


### solidarity placements in the form of volunteering , traineeships or jobs , including individual cross - border and in - country placements as well as volunteering teams ' placements ; ### solidarity placements in the form of volunteering , including individual cross - border and in - country placements as well as volunteering teams ' placements ;


### the solidarity activities offered to young people should be of high quality , in the sense that they should respond to unmet societal needs , contribute to strengthening communities , offer young people the opportunity to acquire valuable knowledge and competences , be financially accessible to young people , and be implemented in safe and healthy conditions . ### the solidarity activities offered to young people should be of high quality , in the sense that they should respond to unmet societal needs , contribute to strengthening communities , offer young people the opportunity to acquire valuable knowledge and competences , and be implemented in safe and healthy conditions .


### the european solidarity corps should open up new opportunities for young people to carry out volunteering , traineeship or job placements in solidarity - related areas as well as to devise and develop solidarity projects based on their own initiative . those opportunities should contribute to enhancing their personal , educational , social , civic and professional development . the european solidarity corps should also support networking activities for european solidarity corps participants and organisations as well as measures to ensure the quality of the supported activities and to enhance the validation of their learning outcomes . ### the european solidarity corps should open up new opportunities for young people to carry out volunteering in solidarity - related areas as well as to devise and develop solidarity projects based on their own initiative . those opportunities should contribute to enhancing their personal , educational , social and civic development . the european solidarity corps should also support networking activities for european solidarity corps participants and organisations as well as measures to ensure the quality of the supported activities and to enhance the validation of their learning outcomes .


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


### “solidarity placement” means a volunteering activity , traineeship or job in a solidarity - related area , which is organised by a participating organisation and which contributes to addressing key societal challenges while enhancing the personal , educational , social , civic and professional development and the employability of the european solidarity corps participant who undertakes it , either in a country other than the country of residence or in the country of residence of the participant ; ### “solidarity placement” means a volunteering activity in a solidarity - related area , which is organised by a participating organisation and which contributes to addressing key societal challenges while enhancing the personal , educational , social and civic development of the european solidarity corps participant who undertakes it , either in a country other than the country of residence or in the country of residence of the participant ;


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


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


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


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


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


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


### the commission may adopt , by means of implementing acts , the template for the importer statement as well as the procedural rules on the submission and processing of the importer statement . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 13 . ### the commission may adopt after consultation also at expert level , inter alia with the european parliament and the council , by means of implementing acts , the template for the importer statement as well as the procedural rules on the submission and processing of the importer statement . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 13 .


### customs authorities shall seize and temporarily retain cultural goods brought into the customs territory of the union where the cultural goods in question entered the customs territory of the union without the conditions laid down in paragraphs 1 and 2 of article 3 being fulfilled . ### customs authorities shall seize and temporarily retain cultural goods brought into the customs territory of the union where the cultural goods in question entered the customs territory of the union without the conditions laid down in paragraphs 1 and 2 of article 3 being fulfilled . in the case of seizure or temporary retention of cultural goods , there shall be appropriate guarantees for their optimal conservation , in accordance with union and international law .


### ' young farmer ' means a person who is no more than 40 years of age at the moment of submitting the application , possesses adequate occupational skills and competence and is setting up for the first time in an agricultural holding as head of that holding ; setting up may be done solely or jointly with other farmers ; ### ' young farmer ' means a person who is no more than 40 years of age at the moment of submitting the application , possesses adequate occupational skills and competence and is setting up for the first time in an agricultural holding as head of that holding ; setting up may be done solely or jointly with other farmers , as a derogation to this and in duly justified circumstances member states may apply the provisions of this article to young farmers who are no more than 40 years of age at the moment of submitting their application , that possesses adequate occupational skills and competence , even though they are already farming on their own right in an agricultural holding as head of that holding , if they have not been in receipt of specific support for young farmers in the 2006 - 2013 cap reform or in the current cap program 2013 - 2020 , the support should continue for a maximum of five years ;


### working capital that is ancillary to , and linked to a new investment , which receives eafrd support through a financial instrument established in accordance with article 37 of regulation no 1303 / 2013 , may be eligible expenditure . such eligible expenditure shall not exceed 30 % of the total amount of the eligible expenditure for the investment . the relevant request shall be duly substantiated . ### working capital that is ancillary to , and linked to a new investment , which receives eafrd support through a financial instrument established in accordance with article 37 of regulation no 1303 / 2013 , may be eligible expenditure . such eligible expenditure shall not exceed 50 % of the total amount of the eligible expenditure for the investment . the relevant request shall be duly substantiated .


### member states shall take the necessary measures to ensure the protection of reporting persons meeting the conditions set out in article 13 against retaliation . such measures shall include , in particular , those set out in paragraphs 2 to 8 . ### member states shall take the necessary measures to ensure the protection of reporting persons and intermediaries according to the framework set out in article 13 against retaliation . such measures shall include , in particular , those set out in paragraphs 2 to 8 .


### where an unrecorded telephone line is used for reporting , the competent authority shall have the right to document the oral reporting in the form of accurate minutes of the conversation prepared by the dedicated staff members . the competent authority shall offer the possibility to the reporting person to check , rectify and agree with the minutes of the call by signing them . ### where an unrecorded telephone line is used for reporting , the competent authority shall have the right to document the oral reporting in the form of accurate minutes of the conversation prepared by the dedicated staff members . the competent authority shall offer the possibility to the reporting person or intermediary to check , rectify and agree with the minutes of the call by signing them .


### ' breaches ' means actual or potential unlawful activities or abuse of law relating to the union acts and areas falling within the scope referred to in article 1 and in the annex ; ### ' breaches ' means actual or potential unlawful activities or abuse of law or other forms of misconduct and wrongdoing that may cause harm to the public interest or the general interest of the union , or which run contrary to the objectives of union law ;


### of particular importance for reporting persons are interim remedies pending the resolution of legal proceedings that can be protracted . interim relief can be in particular necessary in order to stop threats , attempts or continuing acts of retaliation , such as harassment at the workplace , or to prevent forms of retaliation such as dismissal , which might be difficult to reverse after the lapse of lengthy periods and which can ruin financially the individual — a perspective which can seriously discourage potential whistleblowers . ### of particular importance for reporting persons are interim remedies pending the resolution of legal proceedings that can be protracted . interim relief can be in particular necessary in order to stop threats , attempts or continuing acts of retaliation , such as harassment outside and at the workplace , or to prevent forms of retaliation such as verbal abuse or physical violence , dismissal , which might be difficult to reverse after the lapse of lengthy periods and which can ruin financially the individual — a perspective which can seriously discourage potential whistleblowers .


### reporting persons should be protected against any form of retaliation , whether direct or indirect , taken by their employer or customer / recipient of services and by persons working for or acting on behalf of the latter , including co - workers and managers in the same organisation or in other organisations with which the reporting person is in contact in the context of his / her work - related activities , where retaliation is recommended or tolerated by the concerned person . protection should be provided against retaliatory measures taken vis - à - vis the reporting person him / herself but also those that may be taken vis - à - vis the legal entity he / she represents , such as denial of provision of services , blacklisting or business boycotting . indirect retaliation also includes actions taken against relatives of the reporting person who are also in a work - related connection with the latter’s employer or customer / recipient of services and workers’ representatives who have provided support to the reporting person . ### reporting persons and people who assist them in disclosing breaches or potential breaches should be protected against any form of retaliation , whether direct or indirect , taken by their employer or customer / recipient of services and by persons working for or acting on behalf of the latter , including co - workers and managers in the same organisation or in other organisations with which the reporting person is in contact in the context of his / her work - related activities , where retaliation is recommended or tolerated by the concerned person . protection should be provided against retaliatory measures taken vis - à - vis the reporting person him / herself but also those that may be taken vis - à - vis the legal entity he / she represents , such as denial of provision of services , blacklisting or business boycotting . indirect retaliation also includes actions taken against relatives or people bound by bonds of affection or friendship with the reporting person , colleagues or customer / recipient of services and workers’ representatives who have provided support to the reporting person . there should be sanctions for harassing whistleblowers , or their family or colleagues as a result of a disclosure .


### retaliation expresses the close relationship that must exist between the report and the adverse treatment suffered , directly or indirectly , by the reporting person , so that this person can enjoy legal protection . effective protection of reporting persons as a means of enhancing the enforcement of union law requires a broad definition of retaliation , encompassing any act or omission occurring in the work - related context which causes them detriment . ### effective protection of reporting persons as a means of enhancing the enforcement of union law requires a broad definition of retaliation , encompassing any act or omission which causes them detriment . once someone is recognised as a whistleblower , measures , including legal protection , should be taken to protect him or her , to bring to an end any retaliation measures taken against him or her , and to grant the whistleblower full compensation for the prejudice and damage incurred .


### the confidentiality regime applicable to reports , including a detailed description of the circumstances under which the confidential data of a reporting person may be disclosed . ### the confidentiality regime applicable to reports , including a detailed description of the circumstances under which the confidential data of a reporting person may be disclosed . when identifying information must be disclosed , reporting persons and intermediaries should be given notice sufficiently in advance and potentially provided with additional protection measures .


### take retaliatory measures against reporting persons ; ### take retaliatory measures against reporting persons or intermediaries ;


### prohibition of retaliation against reporting persons ### prohibition of retaliation against reporting persons and intermediaries


### a significant cost for reporting persons contesting retaliation measures taken against them in legal proceedings can be the relevant legal fees . although they could recover these fees at the end of the proceedings , they might not be able to cover them up front , especially if they are unemployed and blacklisted . assistance for criminal legal proceedings , particularly in accordance with the provisions of directive 2016 / 1919 of the european parliament and of the council59 and more generally support to those who are in serious financial need might be key , in certain cases , for the effective enforcement of their rights to protection . __________________ 59 directive 2016 / 1919 of the european parliament and of the council of 26 october 2016 on legal aid for suspects and accused persons in criminal proceedings and for requested persons in european arrest warrant proceedings . ### a significant cost for reporting persons contesting retaliation measures taken against them in legal proceedings can be the relevant legal fees . although they could recover these fees at the end of the proceedings , they might not be able to cover them up front , especially if they are unemployed and blacklisted . assistance for criminal legal proceedings , particularly in accordance with the provisions of directive 2016 / 1919 of the european parliament and of the council59 and more generally support to those who are in serious financial need might be key , in certain cases , for the effective enforcement of their rights to protection . whistleblowers should also be able to claim compensation for any harassment suffered or the loss of current or future livelihood , if the damage occurred in retaliation . __________________ 59 directive 2016 / 1919 of the european parliament and of the council of 26 october 2016 on legal aid for suspects and accused persons in criminal proceedings and for requested persons in european arrest warrant proceedings .


### a reporting person shall qualify for protection under this directive provided he or she has reasonable grounds to believe that the information reported was true at the time of reporting and that this information falls within the scope of this directive . ### a reporting person or intermediary shall qualify for protection under this directive provided he or she has reasonable grounds to believe that the information reported was true at the time of reporting and that this information falls within the scope of this directive .


### bring vexatious proceedings against reporting persons ; ### bring vexatious proceedings against reporting persons or intermediaries ;


### the detailed description referred to in point of paragraph 1 must be written in clear and easy to understand language and be easily accessible to the reporting persons . ### the detailed description referred to in point of paragraph 1 must be written in clear and easy to understand language and be easily accessible to the reporting persons or intermediaries .


### conditions for the protection of reporting persons ### framework for the protection of reporting persons and intermediaries


### member states shall take the necessary measures to prohibit any form of retaliation , whether direct or indirect , against reporting persons meeting the conditions set out in article 13 , including in particular in the form of : ### member states shall take the necessary measures to prohibit any form of retaliation , whether direct or indirect , against reporting persons or intermediaries , including in particular in the form of :


### the requirement of a tiered use of reporting channels , as a general rule , is necessary to ensure that the information gets to the persons who can contribute to the early and effective resolution of risks to the public interest as well as to prevent unjustified reputational damage from public disclosure . at the same time , some exceptions to its application are necessary , allowing the reporting person to choose the most appropriate channel depending on the individual circumstances of the case . moreover , it is necessary to protect public disclosures taking into account democratic principles such as transparency and accountability , and fundamental rights such as freedom of expression and media freedom , whilst balancing the interest of employers to manage their organisations and to protect their interests with the interest of the public to be protected from harm , in line with the criteria developed in the case - law of the european court of human rights57 . __________________ 57 one of the criteria for determining whether retaliation against whistleblowers making public disclosures interferes with freedom of expression in a way which is not necessary in a democratic society , is whether the persons who made the disclosure had at their disposal alternative channels for making the disclosure ; see , for instance , guja v . moldova [ gc ] , no 14277 / 04 , echr 2008 . ### it is necessary to ensure that the information gets to the persons who can contribute to the early and effective resolution of risks to the public interest . the reporting person should choose the most appropriate channel depending on the individual circumstances of the case . transparency , accountability and fundamental rights such as freedom of expression and media freedom must be guaranteed , whilst balancing the interest of employers to manage their organisations and to protect their interests with the interest of the public to be protected from harm , in line with the criteria developed in the case - law of the european court of human rights . __________________ 57 one of the criteria for determining whether retaliation against whistleblowers making public disclosures interferes with freedom of expression in a way which is not necessary in a democratic society , is whether the persons who made the disclosure had at their disposal alternative channels for making the disclosure ; see , for instance , guja v . moldova [ gc ] , no 14277 / 04 , echr 2008 .


### the person or department referred to in point of paragraph 1 may be the same person who is competent for receiving the reports . additional persons may be designated as “trusted persons” from whom reporting persons and those considering reporting may seek confidential advice . ### the person or department referred to in point of paragraph 1 may be the same person who is competent for receiving the reports .


### where a recorded telephone line is used for reporting , subject to the consent of the reporting person , the competent authority shall have the right to document the oral reporting in one of the following ways : ### where a recorded telephone line is used for reporting , subject to the consent of the reporting person or the intermediary , the competent authority shall have the right to document the oral reporting in one of the following ways :


### the competent authority shall offer the possibility to the reporting person to check , rectify and agree with the minutes of the meeting by signing them . ### the competent authority shall offer the possibility to the reporting person or intermediaries to check , rectify and agree with the minutes of the meeting by signing them .


### it should be clear that , in the case of private legal entities which do not provide for internal reporting channels , reporting persons should be able to report directly externally to the competent authorities and such persons should enjoy the protection against retaliation provided by this directive . ### reporting persons should always have the option to report directly externally , including to competent authorities or the media . such persons should enjoy the protection against retaliation provided by this directive .


### competent authorities shall promptly acknowledge the receipt of written reports to the postal or electronic address indicated by the reporting person , unless the reporting person explicitly requested otherwise or the competent authority reasonably believes that acknowledging receipt of a written report would jeopardise the protection of the reporting person’s identity . ### competent authorities shall promptly acknowledge the receipt of written reports to the postal or electronic address indicated by the reporting person or intermediaries , unless they explicitly requested otherwise or the competent authority reasonably believes that acknowledging receipt of a written report would jeopardise the protection of the reporting person’s or intermediaries ' identity .


### such channels and procedures shall allow for reporting by employees of the entity . they may allow for reporting by other persons who are in contact with the entity in the context of their work - related activities , referred to in article 2 , and , but the use of internal channels for reporting shall not be mandatory for these categories of persons . ### such channels and procedures shall allow for reporting by employees of the entity . they may allow for reporting by other persons who are in contact with the entity in the context of their work - related activities , referred to in article 2 , and .


### follow up and feedback should take place within a reasonable timeframe ; this is warranted by the need to promptly address the problem that may be the subject of the report , as well as to avoid unnecessary public disclosures . such timeframe should not exceed three months , but could be extended to six months , where necessary due to the specific circumstances of the case , in particular the nature and complexity of the subject of the report , which may require a lengthy investigation . ### follow up and feedback should take place within the shortest possible timeframe ; this is warranted by the need to promptly address the problem that may be the subject of the report . such timeframe should not exceed three months , but could be extended to six months , where necessary due to the specific circumstances of the case , in particular the nature and complexity of the subject of the report , which may require a lengthy investigation .


### of particular importance for reporting persons are interim remedies pending the resolution of legal proceedings that can be protracted . interim relief can be in particular necessary in order to stop threats , attempts or continuing acts of retaliation , such as harassment at the workplace , or to prevent forms of retaliation such as dismissal , which might be difficult to reverse after the lapse of lengthy periods and which can ruin financially the individual — a perspective which can seriously discourage potential whistleblowers . ### of particular importance for reporting persons are interim remedies pending the resolution of legal proceedings that can be protracted . interim relief can be in particular necessary in order to stop threats , attempts or continuing acts of retaliation , such as harassment outside and at the workplace , or to prevent forms of retaliation such as verbal abuse or physical violence , dismissal , which might be difficult to reverse after the lapse of lengthy periods and which can ruin financially the individual — a perspective which can seriously discourage potential whistleblowers .


### breach the duty of maintaining the confidentiality of the identity of reporting persons . ### breach the duty of maintaining the confidentiality of the identity of reporting persons and intermediaries .


### accordingly , common minimum standards ensuring effective whistleblower protection should apply in those acts and policy areas where i ) there is a need to strengthen enforcement ; ii ) under - reporting by whistleblowers is a key factor affecting enforcement , and iii ) breaches of union law cause serious harm to the public interest . ### accordingly , common minimum standards ensuring effective whistleblower protection should apply , particularly in those acts and policy areas where i ) there is a potential threat to the public interest ii ) there is a need to strengthen enforcement iii ) under - reporting by whistleblowers is a key factor affecting enforcement .


### maintaining contact with the reporting person for the purpose of informing the reporting person of the progress and the outcome of the investigation . ### maintaining contact with the reporting person or the intermediary for the purpose of informing them of the progress and the outcome of the investigation .


### the conditions under which reporting persons qualify for protection under this directive ; ### the existing framework under which reporting persons or intermediaries qualify for protection under this directive ;


### whistleblowers are , in particular , important sources for investigative journalists . providing effective protection to whistleblowers from retaliation increases the legal certainty of whistleblowers and thereby encourages and facilitates whistleblowing also to the media . in this respect , protection of whistleblowers as journalistic sources is crucial for safeguarding the ‘ watchdog’ role of investigative journalism in democratic societies . ### whistleblowers are important sources for journalists , therefore it is essential to create a safe environment , providing them and the media effective protection from retaliation . in this respect protection of whistleblowers is crucial to ensure quality journalism which ultimately contributes to transparency , accountability and the safeguard of fundamental democratic values .


### ' breaches ' means actual or potential unlawful activities or abuse of law relating to the union acts and areas falling within the scope referred to in article 1 and in the annex ; ### ' breaches ' means actual or potential unlawful activities or abuse of law or other forms of misconduct and wrongdoing that may cause harm to the public interest or the general interest of the union , or which run contrary to the objectives of union law ;


### ‘ report’ means the provision of information relating to a breach which has occurred or is likely to occur in the organisation at which the reporting person works or has worked or in another organisation with which he or she is or was in contact through his or her work ; ### ‘ report’ means the provision of information relating to a breach which has occurred or is likely to occur ;


### effective prevention of breaches of union law requires that protection is also granted to persons who provide information about potential breaches , which have not yet materialised , but are likely to be committed . for the same reasons , protection is warranted also for persons who do not provide positive evidence but raise reasonable concerns or suspicions . at the same time , protection should not apply to the reporting of information which is already in the public domain or of unsubstantiated rumours and hearsay . ### effective prevention of breaches of union law requires that protection is also granted to persons who provide information about potential breaches , which have not yet materialised , but are likely to be committed . for the same reasons , protection is warranted also for persons who do not provide positive evidence but raise reasonable concerns or suspicions as well as to persons complementing information to issues already in the public domain . at the same time , protection should not apply to the reporting of unsubstantiated rumours and hearsay .


### the requirement of a tiered use of reporting channels , as a general rule , is necessary to ensure that the information gets to the persons who can contribute to the early and effective resolution of risks to the public interest as well as to prevent unjustified reputational damage from public disclosure . at the same time , some exceptions to its application are necessary , allowing the reporting person to choose the most appropriate channel depending on the individual circumstances of the case . moreover , it is necessary to protect public disclosures taking into account democratic principles such as transparency and accountability , and fundamental rights such as freedom of expression and media freedom , whilst balancing the interest of employers to manage their organisations and to protect their interests with the interest of the public to be protected from harm , in line with the criteria developed in the case - law of the european court of human rights57 . __________________ 57 one of the criteria for determining whether retaliation against whistleblowers making public disclosures interferes with freedom of expression in a way which is not necessary in a democratic society , is whether the persons who made the disclosure had at their disposal alternative channels for making the disclosure ; see , for instance , guja v . moldova [ gc ] , no 14277 / 04 , echr 2008 . ### it is necessary to ensure that the information gets to the persons who can contribute to the early and effective resolution of risks to the public interest . the reporting person should choose the most appropriate channel depending on the individual circumstances of the case . transparency , accountability and fundamental rights such as freedom of expression and media freedom must be guaranteed , whilst balancing the interest of employers to manage their organisations and to protect their interests with the interest of the public to be protected from harm , in line with the criteria developed in the case - law of the european court of human rights . __________________ 57 one of the criteria for determining whether retaliation against whistleblowers making public disclosures interferes with freedom of expression in a way which is not necessary in a democratic society , is whether the persons who made the disclosure had at their disposal alternative channels for making the disclosure ; see , for instance , guja v . moldova [ gc ] , no 14277 / 04 , echr 2008 .


### reporting persons shall have access to effective assistance from competent authorities before any relevant authority involved in their protection against retaliation , including , where provided for under national law , certification of the fact that they qualify for protection under this directive . ### reporting persons and intermediaries shall have access to effective assistance from competent authorities before any relevant authority involved in their protection against retaliation , including , where provided for under national law , certification of the fact that they qualify for protection under this directive .


### the competent authority shall offer the possibility to the reporting person to check , rectify and agree the transcript of the call by signing it . ### the competent authority shall offer the possibility to the reporting person or intermediary to check , rectify and agree the transcript of the call by signing it .


### persons who work for an organisation or are in contact with it in the context of their work - related activities are often the first to know about threats or harm to the public interest which arise in this context . by ' blowing the whistle ' they play a key role in exposing and preventing breaches of the law and in safeguarding the welfare of society . however , potential whistleblowers are often discouraged from reporting their concerns or suspicions for fear of retaliation . ### persons who work for an organisation or are in contact with it in the context of their work - related activities are often the first to know about threats or harm to the public interest which arise in this context . by ' blowing the whistle ' they play a key role in exposing , preventing breaches of the law and revealing dangers that may harm the public interest .


### establish independent and autonomous external reporting channels , which are both secure and ensure confidentiality , for receiving and handling information provided by the reporting person ; ### establish independent and autonomous external reporting channels , which are both secure and ensure confidentiality or anonymity , for receiving and handling information provided by the reporting person or intermediaries ;


### in certain policy areas , breaches of union law may cause serious harm to the public interest , in the sense of creating significant risks for the welfare of society . where weaknesses of enforcement have been identified in those areas , and whistleblowers are in a privileged position to disclose breaches , it is necessary to enhance enforcement by ensuring effective protection of whistleblowers from retaliation and introducing effective reporting channels . ### breaches of union law may cause serious harm to the public interest , in the sense of creating significant risks for the welfare of society . as whistleblowers are usually in a privileged position tod isclose breaches , it is necessary , in order to enhance enforcement of union law , to guarantee safe and effective disclosure of the information and to ensure effective protection of whistleblowers from retaliation .


### 15measures for the protection of reporting persons against retaliation ### measures for the protection of reporting persons and intermediaries against retaliation


### provided the confidentiality of the identity of the reporting person is ensured , it is up to each individual private and public legal entity to define the kind of reporting channels to set up , such as in person , by post , by physical complaint box , by telephone hotline or through an online platform . however , reporting channels should not be limited to those amongst the tools , such as in - person reporting and complaint box , which do not guarantee confidentiality of the identity of the reporting person . ### effective protection should include the safeguard of the whistleblower ' s identity . this should be the minimum requirement of any disclosure , if the whistleblower wishes to remain anonymous . it is up to each individual private and public legal entity to define the kind of reporting channels to set up , such as in person , by post , by physical complaint box , by telephone hotline or through an online platform . however , reporting channels should not be limited to those amongst the tools , such as in - person reporting and complaint box , which do not guarantee confidentiality of the identity of the reporting person .


### channels for receiving the reports which are designed , set up and operated in a manner that ensures the confidentiality of the identity of the reporting person and prevents access to non - authorised staff members ; ### channels for receiving the reports which are designed , set up and operated in a manner that ensures the confidentiality of the identity of the reporting person , or his / her anonymity , and prevents access to non - authorised persons ;


### the manner in which the competent authority may require the reporting person to clarify the information reported or to provide additional information that is available to the reporting person ; ### the manner in which the competent authority may require the reporting person or the intermediary to clarify the information reported or to provide additional information that is available to the reporting person ;


### the phone numbers , indicating whether conversations are recorded or unrecorded when using those phone lines ; ### the phone numbers , indicating whether conversations are recorded or unrecorded and anonymity settings when using those phone lines ;


### competent authorities shall promptly acknowledge the receipt of written reports to the postal or electronic address indicated by the reporting person , unless the reporting person explicitly requested otherwise or the competent authority reasonably believes that acknowledging receipt of a written report would jeopardise the protection of the reporting person’s identity . ### competent authorities shall promptly acknowledge the receipt of written reports to the postal or electronic address indicated by the reporting person or intermediaries , unless they explicitly requested otherwise or the competent authority reasonably believes that acknowledging receipt of a written report would jeopardise the protection of the reporting person’s or intermediaries ' identity .


### ' ' virtual currencies ' means a digital representation of value that is neither issued by a central bank or a public authority , nor necessarily attached to a fiat currency , but is accepted by natural or legal persons as a means of payment and can be transferred , stored or traded electronically . ' ### ' ' virtual currencies ' means a digital representation of value that is neither issued by a central bank or a public authority , nor attached to a legally established currency , which does not possess the legal status of currency or money , but is accepted by natural or legal persons as a means of exchange or other purposes , and can be transferred , stored or traded electronically . '


### the specific factor determining the member state responsible for the monitoring and registration of beneficial ownership information of trusts and similar legal arrangements should be clarified . in order to avoid that , due to differences in the legal systems of member states , certain trusts are not monitored or registered anywhere in the union , all trusts and similar legal arrangements should be registered where they are administered . in order to ensure the effective monitoring and registration of information on the beneficial ownership of trusts , cooperation among member states is also necessary . ### the specific factor determining the member state responsible for the monitoring and registration of beneficial ownership information of trusts and similar legal arrangements should be clarified . in order to avoid that , due to differences in the legal systems of member states , certain trusts are not monitored or registered anywhere in the union , all trusts and similar legal arrangements should be registered where they are created , administered or operated . in order to ensure the effective monitoring and registration of information on the beneficial ownership of trusts , cooperation among member states is also necessary .


### member states shall ensure that union credit institutions and financial institutions acting as acquirers only accept payments carried out with prepaid cards issued in third countries where such cards meet requirements equivalent to those set out in points , , of the first subparagraph of article 13 and article 14 , or can be considered to meet the requirements in paragraphs 1 and 2 of this article . ### member states shall ensure that union credit institutions and financial institutions acting as acquirers only accept payments carried out with prepaid cards issued in third countries where such cards meet requirements equivalent to those set out in points , , of the first subparagraph of article 13 and article 14 , or can be considered to meet the requirements in paragraphs 1 and 2 of this article . the mailing or shipping of prepaid cards out of the jurisdiction of the member states must be immediately reported and registered by the competent persons .


### in exceptional circumstances laid down in national law , where the access to the information set out in paragraph 1 would expose the beneficial owner to the risk of fraud , kidnapping , blackmail , violence or intimidation , or where the beneficial owner is a minor or otherwise incapable , member states may provide for an exemption from the compulsory disclosure of to all or part of the information on the beneficial ownership on a case - by - case basis . ### in exceptional circumstances laid down in national law , where the access to the information set out in paragraph 1 would expose the beneficial owner to the risk of fraud , kidnapping , blackmail , violence or intimidation , or where the beneficial owner is a minor or otherwise incapable , member states may provide for an exemption from the compulsory disclosure of to all or part of the information on the beneficial ownership on a case - by - case basis . exemptions must be reassessed at regular intervals in order to avoid abuse . where an exemption is granted , this must be clearly indicated in the register and justified in writing .


### member states shall require that obliged entities apply the customer due diligence measures not only to all new customers but also at appropriate times to existing customers on a risk - sensitive basis , or when the relevant circumstances of a customer change , or when the obliged entity has a duty in the course of the relevant calendar year , to contact the customer for the purpose of reviewing any information related to the beneficial owner , in particular under directive 2011 / 16 / eu . ### member states shall require that obliged entities apply the customer due diligence measures not only to all new customers but also at appropriate times to existing customers on a risk - sensitive basis , or when the relevant circumstances of a customer change , or when the obliged entity has a duty in the course of the relevant calendar year , to contact the customer as soon as possible for the purpose of reviewing any information related to the beneficial owner , in particular under directive 2011 / 16 / eu . member states shall require obliged entities to contact the customer for the purpose of reviewing any information related to the beneficial owner not later than . . . [ one year after the date of the entry into application of this amending directive ] .


### member states shall not prohibit or place unreasonable or unduly restrictive conditions on the exchange of information or assistance between competent authorities . in particular member states shall ensure that competent authorities do not refuse a request for assistance on the grounds that : ### member states shall ensure the exchange of information and assistance between competent authorities without setting unreasonable or unduly restrictive conditions . in particular member states shall ensure that competent authorities do not refuse a request for assistance on the grounds that :


### the credibility of virtual currencies will not rise if they are used for criminal purposes . in this context , anonymity will become more a hindrance than an asset for virtual currencies taking up and their potential benefits to spread . the inclusion of virtual exchange platforms and custodian wallet providers will not entirely address the issue of anonymity attached to virtual currency transactions , as a large part of the virtual currency environment will remain anonymous because users can also transact without exchange platforms or custodian wallet providers . to combat the risks related to the anonymity , national financial intelligence units should be able to associate virtual currency addresses to the identity of the owner of virtual currencies . in addition , the possibility to allow users to self - declare to designated authorities on a voluntary basis should be further assessed . ### to combat the risks related to anonymity , national financial intelligence units should be able to associate virtual currency addresses to the identity of the owner of virtual currencies . in addition , the possibility to allow users to self - declare to designated authorities on a voluntary basis should be further assessed .


### the extent to which sustainability risks are expected to have a relevant impact on the returns of the financial products advised on ; ### the extent to which investments are expected to have a relevant impact on the financial or non - financial performance of the financial products advised on , using the esg indicators as listed in article 2 , where appropriate ;


### financial market participants shall publish written policies on the integration of sustainability risks in the investment decision - making process on their websites . ### financial market participants shall publish&#160 ; their policies on the integration of sustainability risks in the investment selection and monitoring process on their websites .


### investments in companies following good governance practices , and in particular companies with sound management structures , employee relations , remuneration of relevant staff and tax compliance ; ### investments that meet the conditions of article 2 or article 2 and are done in companies following good governance practices , in particular with sound and transparent management structures , employee relations , transparent remuneration policies and tax compliance ;


### the manufacture , trade , exchange , hiring out , repair or conversion of parts of firearms ; ### the manufacture , including modification or conversion , trade , exchange , hiring out or repair of essential components of firearms ;


### for the purposes of identifying and tracing each assembled firearm , member states shall , at the time of manufacture of each firearm or at the time of import to the union , require a unique marking including the name of the manufacturer , the country or place of manufacture , the serial number and the year of manufacture , if not already part of the serial number . this shall be without prejudice to the affixing of the manufacturer ' s trademark . ### for the purpose of identifying and tracing each assembled firearm and each essential component , member states shall , at the time of manufacture of each firearm and each essential component , or at the time of its being manufactured or imported into the union , require a unique marking including the name of the manufacturer , the country or place of manufacture , the serial number and the year of manufacture , if not already part of the serial number . this shall be without prejudice to the affixing of the manufacturer ' s trademark .


### in order to ensure the traceability of deactivated firearms , they should be registered in national registries . ### in order to increase the traceability of firearms and essential components and to facilitate their free movement , the provisions of directive 91 / 477 / eec should be clarified to ensure that both an assembled firearm and all essential components , whether included in an assembled firearm or not , are marked irremovably at the time of their being manufactured , imported or otherwise placed on the market , unless the firearm has been deactivated in accordance with that directive .


### for the purposes of identifying and tracing each assembled firearm , member states shall , at the time of manufacture of each firearm or at the time of import to the union , require a unique marking including the name of the manufacturer , the country or place of manufacture , the serial number and the year of manufacture , if not already part of the serial number . this shall be without prejudice to the affixing of the manufacturer ' s trademark . ### for the purpose of identifying and tracing each assembled firearm and each essential component , member states shall , at the time of manufacture of each firearm and each essential component or at the time of its being manufactured or imported into the union , require a unique marking including the name of the manufacturer , the country or place of manufacture , the serial number and the year of manufacture , if not already part of the serial number . this shall be without prejudice to the affixing of the manufacturer ' s trademark . this requirement shall not apply to firearms manufactured before the entry into force of this amending directive .


### member states shall ensure that any firearm or part placed on the market has been marked and registered in compliance with this directive . ### member states shall ensure that any assembled firearm or essential component , when placed on the market , has been marked irremovably and registered in compliance with this directive , or that it has been deactivated in accordance with the provisions implementing article 10b and registered in compliance with this directive .


### for the purposes of this directive , ' deactivated firearms ' shall mean firearms that have been modified with the purpose of rendering them permanently unfit for use by deactivation , ensuring that all essential parts of the firearm have been rendered permanently inoperable and incapable of removal , replacement or a modification that would permit the firearm to be reactivated in any way . ### for the purposes of this directive , ' deactivated firearms ' shall mean firearms that have been modified with the purpose of rendering them permanently unfit for use by deactivation , ensuring that all essential components of the firearm have been rendered permanently inoperable and incapable of removal , replacement or a modification that would permit the firearm to be reactivated in any way .


### this directive shall not apply to the acquisition or possession of weapons and ammunition , in accordance with national law , by the armed forces , the police , the public authorities . nor shall it apply to commercial transfers of weapons and ammunition of war . ### this directive shall not apply to the acquisition or possession of weapons and ammunition , in accordance with national law , by the national defence forces , encompassing all units and persons under their command or in their reserves , including the military , the police or other public authorities . nor shall it apply to commercial transfers of weapons and ammunition of war .


### for the purposes of this directive , ' essential component ' shall mean the barrel , frame , receiver , slide or cylinder , bolt or breach block and any device designed or adapted to diminish the sound caused by firing a firearm which , being separate objects , are included in the category of the firearms on which they are or are intended to be mounted . ### for the purposes of this directive , ' essential component ' shall mean the barrel , chamber , frame , body , receiver , slide or cylinder , bolt or breach block or other mechanism for containing the pressure of discharge at the rear of the chamber of a firearm which , being separate objects , are included in the category of the firearms on which they are or are intended to be mounted .


### furthermore , member states shall ensure , at the time of transfer of a firearm from government stocks to permanent civilian use , the unique marking permitting identification of the transferring government . ### furthermore , member states shall ensure , at the time of transfer of a firearm from government stocks to permanent civilian use , the unique marking permitting identification of the transferring government . firearms classified in category a must first have been deactivated in accordance with the provisions implementing article 10b or converted to semi - automatic firearms , save in the case of transfers in accordance with authorisations granted pursuant to the first or the second subparagraph of article 6 .


### the commission shall have overall responsibility for the implementation of the programme , including in the field of security . it shall , in accordance with this regulation , determine the priorities and long - term evolution of the programme and shall supervise its implementation , having due regard to its impact on other policies of the union . ### the commission shall have overall responsibility for the implementation of the programme , and the responsibility in the field of security for the components of the programme not entrusted to the agency pursuant to article 30 . it shall , in accordance with this regulation , determine the priorities and long - term evolution of the programme and shall supervise its implementation , having due regard to its impact on other policies of the union .


### the commission shall manage the component of the programme where such management is not entrusted to another entity . ### the commission shall manage the component of the programme only where it will achieve the objectives of the component of the programme more effectively than by entrusting such management to another entity . in other cases , the commission shall delegate the management of the component of the programme to the agency , to the european space agency or to other entities referred to in article 32 .


### in addition to the provisions of [ article 165 ] of the financial regulation , the commission and the agency may carry out joint procurement procedures with the european space agency or other international organisations involved in implementing the components of the programme . ### in addition to the provisions of [ article 165 ] of the financial regulation , the commission and / or the agency may carry out joint procurement procedures with the european space agency or other international organisations involved in implementing the components of the programme .