### member states shall ensure that the company carrying out the cross - border conversion applies not less than two months before the date of the general meeting referred to in article 86i to the competent authority designated in accordance with article 86m , to appoint an expert to examine and assess the draft terms of the cross - border conversion and the reports referred to in articles 86e and 86f , subject to the proviso set out in paragraph 6 of this article . ### member states shall ensure that the company carrying out the cross - border conversion and , where one exists , the competent organ of the company’s employee representation applies not less than four months before the date of the general meeting referred to in article 86i to the competent authority designated in accordance with article 86m , to appoint an expert to examine and assess the draft terms of the cross - border conversion and the reports referred to in articles 86e and 86f for both form and content , subject to the proviso set out in paragraph 6 of this article .


### in article 125 , the following second subparagraph is added : ### article 125 is amended as follows :


### member states shall ensure that the independent expert shall be entitled to obtain , from the company carrying out the cross - border conversion , all relevant information and documents and to carry out all necessary investigations to verify all elements of the draft terms or management reports . the expert shall also be entitled to receive comments and opinions from the representatives of the employees of the company , or , where there are no such representatives , from the employees themselves and also from the creditors and members of the company . ### member states shall ensure that the independent expert shall be entitled to obtain , from the company carrying out the cross - border conversion , all relevant information and documents and to carry out all necessary investigations to verify all elements of the draft terms or management reports . the expert shall also be obliged to receive and consider comments and opinions from financial authorities , social security programmes , trade unions , representatives of the employees of the company , or , where there are no such representatives , from the employees themselves and also from the creditors and members of the company . these shall be attached to the report as appendices .


### member states shall ensure that information submitted to the independent expert can only be used for the purpose of drafting their report and that confidential information , including business secrets , shall not be disclosed . where appropriate , the expert may submit a separate document containing any such confidential information to the competent authority , designated in accordance with article 86m and that separate document shall only be made available to the company carrying out the cross - border conversion and not be disclosed to any other party . ### member states shall ensure that information and opinions submitted to the independent expert are treated as confidential . business secrets in particular shall be redacted at key points in the report .


### article 86 i approval by the general meeting ### article 86 i approval by the general meeting and by the employees’ plenary


### after taking note of the reports referred to in articles 86e , 86f and 86g , where applicable , the general meeting of the company carrying out the conversion shall decide , by means of a resolution , whether to approve the draft terms of the cross - border conversion . the company shall inform the competent authority designated in accordance with article 86m of the decision of the general meeting . ### after taking note of the reports referred to in articles 86e , 86f and 86g , where applicable , the general meeting and the employees ' plenary of the company carrying out the conversion shall decide , by means of a resolution , whether to approve the draft terms of the cross - border conversion . the company shall inform the competent authority designated in accordance with article 86m of the decision of the general meeting and the employees ' plenary .


### after taking note of the reports referred to in articles 160g , 160h and 160i , where applicable , the general meeting of the company being divided shall decide by means of a resolution , whether to approve the draft terms of cross - border division . the company shall inform the competent authority designated in accordance with article 160o of the decision of the general meeting . ### after taking note of the reports referred to in articles 160g , 160h and 160i , where applicable , the general meeting and the employees ' plenary of the company being divided shall decide by means of a resolution , whether to approve the draft terms of cross - border division . the company shall inform the competent authority designated in accordance with article 160o of the decision of the general meeting and of the employees ' plenary .


### the general meeting of the company carrying out the conversion may reserve the right to make implementation of the cross - border conversion conditional on express ratification by it of the arrangements referred to in article 86l . ### the general meeting of the company carrying out the conversion and the employees’ plenary may reserve the right to make implementation of the cross - border conversion conditional on express ratification by it of the arrangements referred to in article 86l .


### member states shall ensure that competent authorities designated in accordance with paragraph 1 may consult other relevant authorities with competence in the different fields concerned by the cross - border conversion . ### member states shall ensure that competent authorities designated in accordance with paragraph 1 may consult other relevant authorities from both the departure member state and the destination member state with competence in the different fields concerned by the cross - border conversion .


### the commission shall , no later than five years after [ op please insert the date of the end of the transposition period of this directive ] , carry out an evaluation of this directive and present a report on the findings to the european parliament , the council and the european economic and social committee accompanied , where appropriate , by a legislative proposal . member states shall provide the commission with the information necessary for the preparation of that report , in particular by providing data on the number of cross - border conversions , mergers and divisions , their duration and related costs . ### the commission shall , no later than five years after [ op please insert the date of the end of the transposition period of this directive ] and subsequently every five years , carry out an evaluation of this directive and present a report on the findings to the european parliament , the council and the european economic and social committee accompanied , where appropriate , by a legislative proposal . the evaluation shall in particular examine whether a positive impact has been achieved regarding eliminating artificial and / or harmful arrangements , and its impact on workers ' rights . the european commission shall consult the european social partners . member states shall provide the commission with the information necessary for the preparation of that report , in particular by providing data on the number of cross - border conversions , mergers and divisions , their duration and related costs .


### as a global ocean actor and the world ' s fifth largest producer of seafood , the union has a strong responsibility to protect , conserve and sustainably use the oceans and their resources . preserving seas and oceans is indeed vital for a rapidly growing world population . it is also of socio - economic interest for the union : a sustainable blue economy boosts investments , jobs and growth , fosters research and innovation and contributes to energy security through ocean energy . moreover , safe and secure seas and oceans are essential for an efficient border control and for the global fight against maritime crime , thereby addressing citizens ' security concerns . ### as a global ocean actor , the world’s largest maritime space and the world ' s fifth largest producer of seafood , the union has a strong responsibility to protect , conserve and sustainably use the oceans and their resources . preserving seas and oceans is indeed vital for a rapidly growing world population . it is also of socio - economic interest for the union : a sustainable blue economy boosts investments , jobs and growth , fosters research and innovation and contributes to energy security through ocean energy . moreover , safe and secure seas and oceans are essential for an efficient border control and for the global fight against maritime crime , iuu fishing and ocean pollution , thereby addressing citizens ' security concerns .


### under direct management , the emff should develop synergies and complementarities with other relevant union funds and programmes . it should also allow financing in the form of financial instruments within blending operations implemented in accordance with regulation xx / xx of the european parliament and of the council [ regulation on investeu ] 5 . __________________ 5 oj c [ … ] , [ … ] , p . [ … ] . ### under direct management , the emff should develop synergies and complementarities with other relevant union funds and programmes . __________________ 5 oj c [ … ] , [ … ] , p . [ … ] .


### europe ' s maritime sector employs over 5 million jobs generating almost eur 500 billion a year , with a potential to create many more jobs . the output of the global ocean economy is estimated at eur 1 . 3 trillion today and this could more than double by 2030 . the need to meet co2 emissions targets , increase resource efficiency and reduce the environmental footprint of the blue economy has been a significant driving force for innovation in other sectors such as marine equipment , shipbuilding , ocean observation , dredging , coastal protection and marine construction . investment in the maritime economy has been provided by union structural funds , in particular the european regional development fund and the emff . new investment tools such as investeu must be utilised to meet the growth potential of the sector . ### europe ' s maritime sector employs over 5 million jobs generating almost eur 500 billion a year , with a potential to create many more jobs . the output of the global ocean economy is estimated at eur 1 . 3 trillion today and this could more than double by 2030 . the need to meet the co2 emissions targets set in the paris agreement , increase resource efficiency and reduce the environmental footprint of the blue economy has been and must continue to be a significant driving force for innovation in other sectors such as marine equipment , shipbuilding , ocean observation , dredging , coastal protection and marine construction . investment in the maritime economy has been provided by union structural funds , in particular the european regional development fund and the emff . new investment tools such as investeu must be utilised to meet the growth potential of the sector .


### the emff beyond 2020 should be based on a simplified architecture without predefining measures and detailed eligibility rules at union level in an overly prescriptive manner . instead , broad areas of support should be described under each priority . member states should thus draw up their programme indicating therein the most appropriate means for achieving the priorities . a variety of measures identified by the member states in those programmes might be supported under the rules set out in this regulation and in regulation no [ regulation laying down common provisions ] , provided they are covered by the areas of support identified in this regulation . however , it is necessary to set out a list of ineligible operations so as to avoid detrimental impacts in terms of fisheries conservation , for example a general prohibition of investments enhancing fishing capacity . moreover , investments and compensations for the fleet should be strictly conditional on their consistency with the conservation objectives of the cfp . ### the emff beyond 2020 should be based on a simplified architecture without predefining measures and detailed eligibility rules at union level in an overly prescriptive manner . instead , broad areas of support should be described under each priority . member states should thus draw up their programme indicating therein the most appropriate means for achieving the priorities . a variety of measures identified by the member states in those programmes might be supported under the rules set out in this regulation and in regulation no [ regulation laying down common provisions ] , provided they are covered by the areas of support identified in this regulation . however , it is necessary to set out a list of ineligible operations so as to avoid detrimental impacts in terms of fisheries conservation , for example a general prohibition of investments enhancing fishing capacity or fishing practices which damage the oceans . moreover , investments and compensations for the fleet should be strictly conditional on their consistency with the conservation objectives of the cfp .


### the landing obligation is one of the main challenges of the cfp . it has implied significant changes in fishing practices for the sector , sometimes with an important financial cost . it should therefore be possible for the emff to support innovation and investments that contribute to the implementation of the landing obligation , with a higher aid intensity rate than the one that applies to other operations , like investments in selective fishing gears , in the improvement of port infrastructures and in the marketing of unwanted catches . it should also grant a maximum aid intensity rate of 100% to the design , development , monitoring , evaluation and management of transparent systems for exchanging fishing opportunities between member states , in order to mitigate the ' choke species ' effect caused by the landing obligation . ### the landing obligation is one of the main challenges of the cfp . it has implied significant changes in fishing practices for the sector , sometimes with an important financial cost . it should therefore be possible for the emff to support innovation and investments that contribute to the implementation of the landing obligation , with a higher aid intensity rate than the one that applies to other operations , like investments in selective fishing gears , in the improvement of port infrastructures and in the reduction and marketing of unwanted catches . it should also grant a maximum aid intensity rate of 100% to the design , development , monitoring , evaluation and management of transparent systems for exchanging fishing opportunities between member states , in order to mitigate the ' choke species ' effect caused by the landing obligation .


### the outermost regions , as outlined in the communication from the commission to the european parliament , the council , the european economic and social committee , the committee of the regions and the european investment bank of 24 october 2017 entitled ' a stronger and renewed strategic partnership with the eu ' s outermost regions ' 10 , face specific challenges linked to their remoteness , topography and climate as referred to in article 349 of the treaty and also have specific assets on which to develop a sustainable blue economy . therefore , for each outermost region , an action plan for the development of sustainable blue economy sectors , including the sustainable exploitation of fisheries and aquaculture , should be attached to the programme of the concerned member states and a financial allocation should be reserved to support the implementation of those action plans . it should also be possible for the emff to support a compensation of the additional costs the outermost regions face due to their location and insularity . that support should be capped as a percentage of this overall financial allocation . in addition , a higher aid intensity rate than the one that applies to other operations should be applied in the outermost regions . __________________ 10 com 623 . ### the outermost regions , as outlined in the communication from the commission to the european parliament , the council , the european economic and social committee , the committee of the regions and the european investment bank of 24 october 2017 entitled ' a stronger and renewed strategic partnership with the eu ' s outermost regions ' 10 , face specific challenges linked to their remoteness , topography and climate as referred to in article 349 of the treaty and also have specific assets on which to develop a sustainable blue economy , and therefore the emff should be able to take into account the specific constraints recognised in article 349 tfeu . therefore , what is more , for each outermost region , an action plan for the development of sustainable blue economy sectors , including the sustainable exploitation of fisheries and aquaculture , should be attached to the programme of the concerned member states and a financial allocation should be reserved to support the implementation of those action plans . it should also be possible for the emff to support a compensation of the additional costs the outermost regions face due to their permanent handicaps , location and insularity . that support should be capped as a percentage of this overall financial allocation . in addition , a higher aid intensity rate than the one that applies to other operations should be applied in the outermost regions . __________________ 10 com 623 .


### under shared management , it should be possible for the emff to support the protection and restoration of marine and coastal biodiversity and ecosystems . for that purpose , support should be available to compensate the collection by fishers of lost fishing gears and marine litter from the sea and for investments in ports to provide adequate reception facilities for lost fishing gears and marine litter . support should also be available for actions to achieve or maintain a good environmental status in the marine environment as set out in directive 2008 / 56 / ec of the european parliament and of the council 11 , for the implementation of spatial protection measures established pursuant to that directive and , in accordance with the prioritised action frameworks established pursuant to council directive 92 / 43 / eec 12 , for the management , restoration and monitoring of natura 2000 areas as well as for the protection of species under directive 92 / 43 / eec and directive 2009 / 147 / ec of the european parliament and of the council 13 . under direct management , the emff should support the promotion of clean and healthy seas and the implementation of the european strategy for plastics in a circular economy developed in the communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions of 16 january 201614 , in coherence with the objective of achieving or maintaining a good environmental status in the marine environment . __________________ 11 directive 2008 / 56 / ec of the european parliament and of the council of 17 june 2008 establishing a framework for community action in the field of marine environmental policy . 12 council directive 92 / 43 / eec of 21 may 1992 on the conservation of natural habitats and of wild fauna and flora . 13 directive 2009 / 147 / ec of the european parliament and of the council of 30 november 2009 on the conservation of wild birds . 14 com 28 . ### under shared management , 25% of the emff must be used to support the protection and restoration of marine and coastal biodiversity and ecosystems . for that purpose , support should be available to compensate the collection by fishers of lost fishing gears and marine litter from the sea and for investments in ports to provide adequate reception facilities for lost fishing gears and marine litter . support should also be available for actions to achieve or maintain a good environmental status in the marine environment as set out in directive 2008 / 56 / ec of the european parliament and of the council 11 , for the implementation of spatial protection measures established pursuant to that directive and , in accordance with the prioritised action frameworks established pursuant to council directive 92 / 43 / eec 12 , for the management , restoration and monitoring of natura 2000 areas as well as for the protection of species under directive 92 / 43 / eec and directive 2009 / 147 / ec of the european parliament and of the council 13 . under direct management , the emff should support the promotion of clean and healthy seas and the implementation of the european strategy for plastics in a circular economy developed in the communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions of 16 january 201614 , in coherence with the objective of achieving or maintaining a good environmental status in the marine environment . __________________ 11 directive 2008 / 56 / ec of the european parliament and of the council of 17 june 2008 establishing a framework for community action in the field of marine environmental policy . 12 council directive 92 / 43 / eec of 21 may 1992 on the conservation of natural habitats and of wild fauna and flora . 13 directive 2009 / 147 / ec of the european parliament and of the council of 30 november 2009 on the conservation of wild birds . 14 com 28 .


### fostering sustainable fisheries and the conservation of marine biological resources ; ### fostering sustainable fisheries and the protection , restoration and conservation of marine biological resources ;


### contributing to food security in the union through competitive and sustainable aquaculture and markets ; ### contributing to food security in the eu through environmentally friendly aquaculture and sustainable and socially responsiblemarkets ;


### support under the emff shall contribute to the achievement of the environmental and climate change mitigation and adaptation objectives of the union . that contribution shall be tracked in accordance with the methodology set out in annex iv . ### support under the emff shall contribute as a matter of priority to the achievement of the environmental and climate change mitigation and adaptation objectives of the union . that contribution shall be tracked in accordance with the methodology set out in annex iv .


### the financial envelope for the implementation of the emff for the period 2021 - 2027 shall be eur 6 140 000 000 in current prices . ### the financial envelope for the implementation of the emff for the period 2021 - 2027 shall be the same as for the period 2014 - 2020 , eur 6 579 000 000 in current prices . at least 25% of that amount shall be allocated to priority 1 as established in article 4 of this regulation .


### the preparation , monitoring and evaluation of sustainable fisheries partnership agreements and the union participation in regional fisheries management organisations ; ### the preparation , monitoring and evaluation of union participation in regional fisheries management organisations ;


### support under this chapter shall contribute to the achievement of the environmental , economic , social and employment objectives of the cfp , as set out in article 2 of regulation no 1380 / 2013 . ### support under this chapter shall contribute as a matter of priority to the achievement of the environmental , economic , social and employment objectives of the cfp , as set out in article 2 of regulation no 1380 / 2013 .


### the protection of species under directive 92 / 43 / eec and directive 2009 / 147 / ec , in accordance with the prioritised action frameworks established pursuant to article 8 of directive 92 / 43 / eec . ### the protection of species under directive 92 / 43 / eec and directive 2009 / 147 / ec , in accordance with the prioritised action frameworks established pursuant to article 8 of directive 92 / 43 / eec , and the protection of all species covered by the convention on international trade in endangered species of wild fauna and flora and / or included in the international union for conservation of nature red list .


### the emff may support the collection , management and use of data to improve the knowledge on the state of the marine environment , with a view to : ### the emff may also support the collection , management and use of data to improve the knowledge on the state of the marine environment , with a view to :


### ' subscriber ' means any consumer who , on the basis of a contract for the provision of an online content service with a provider , may access and use such service in the member state of residence ; ### ' subscriber ' means any consumer who , on the basis of a contract for the provision of an online content service with a provider , may access and use such service ;


### effective and sustainable shareholder engagement is one of the cornerstones of listed companies’ corporate governance model , which depends on checks and balances between the different organs and different stakeholders . ### effective and sustainable shareholder engagement as well as proper involvement of stakeholders , in particular employees , is one of the cornerstones of listed companies’ corporate governance model , which depends on checks and balances between the different organs and different stakeholders .


### member states shall ensure that companies , in case of transactions with related parties that represent more than 1% of their assets , publicly announce such transactions at the time of the conclusion of the transaction , and accompany the announcement by a report from an independent third party assessing whether or not it is on market terms and confirming that the transaction is fair and reasonable from the perspective of the shareholders , including minority shareholders . the announcement shall contain information on the nature of the related party relationship , the name of the related party , the amount of the transaction and any other information necessary to assess the transaction . ### member states shall ensure that companies , in case of transactions with related parties that represent more than 1% of their assets , publicly announce such transactions at the time of the conclusion of the transaction , and accompany the announcement by a report from an independent third party assessing whether or not it is on market terms and confirming that the transaction is fair and reasonable from the perspective of the shareholders , including minority shareholders and in the social interests of the enterprise . the announcement shall contain information on the nature of the related party relationship , the name of the related party , the amount of the transaction and any other information necessary to assess the transaction .


### the abolition of retail roaming surcharges introduced by regulation no 2015 / 2120 , also named ‘ roam - like - at - home’ , is necessary to establish and ease the functioning of a digital single market across the union . however , that regulation alone is not sufficient to ensure the correct functioning of the roaming market . ### the abolition of retail roaming surcharges introduced by regulation no 2015 / 2120 , also named ‘ roam - like - at - home’ , is insufficient to ensure the proper functioning of a roaming market , particularly in respect of seasonality and costs .


### with regard to rules on wholesale charges , regulatory obligations at union level should be maintained since any measure that enables rlah across the union without addressing the level of the wholesale costs associated with providing these services could risk disrupting the internal market for roaming services and would not encourage more competition . ### with regard to rules on wholesale charges , regulatory obligations at union level should be maintained since any measure that enables rlah across the union without addressing the level of the wholesale costs associated with providing these services would cause serious imbalances in the provision of roaming services .


### marine litter is of a transboundary nature and is recognized as a global problem . reducing marine litter is a key action for the achievement of united nations sustainable development goal 14 which calls to conserve and sustainably use the oceans , seas and marine resources for sustainable development . 36the union must play its part in tackling marine litter and aim to be a standard setter for the world . in this context , the union is working with partners in many international fora such as g20 , g7 and united nations to promote concerted action . this initiative is part of the union efforts in this regard . _________________ 36 the 2030 agenda for sustainable development adopted by the united nations general assembly on 25 september 2015 . ### marine and aquatic litter is of a transboundary nature and is recognised as a global problem . reducing marine litter is a key action for the achievement of united nations sustainable development goal 14 , the aim of which is to conserve and sustainably use the oceans , seas and marine resources for sustainable development . 36 the union must play its part in tackling marine litter and aim to be a standard - setter for the world . in this context , the union is working with partners in many international fora , such as the g20 , the g7 and the united nations , to promote concerted action . this initiative forms part of the union’s efforts in this regard . _________________ 36 the 2030 agenda for sustainable development adopted by the united nations general assembly on 25 september 2015 .


### in the union , 80 to 85 % of marine litter , measured as beach litter counts , is plastic , with single - use plastic items representing 50 % and fishing - related items representing 27 % . single - use plastics products include a diverse range of commonly used fast - moving consumer products that are discarded after having been used once for the purpose for which they were provided , are rarely recycled , and are prone to littering . a significant proportion of the fishing gear placed on the market is not collected for treatment . single - use plastic products and fishing gear containing plastic are therefore a particularly serious problem in the context of marine litter and pose a severe risk to marine ecosystems , biodiversity and , potentially , to human health and are damaging activities such as tourism , fisheries and shipping . ### in the union , 80 to 85 % of marine litter measured at beach litter counts is plastic , with single - use plastic items representing 50 % and fishing - related items representing 27 % . single - use plastic products include a diverse range of commonly used , fast - moving consumer products that are discarded after having been used once for the purpose for which they were provided , are rarely recycled , and end up as litter . a significant proportion of the fishing gear placed on the market is not collected for treatment . single - use plastic products , fishing gear containing plastic and microplastics are therefore a particularly serious problem in the context of marine litter , pose a severe risk to marine ecosystems , biodiversity and human health , and are damaging activities such as tourism , fisheries and shipping .


### the objective of this directive is to prevent and reduce the impact of certain plastic products on the environment , in particular the aquatic environment , and on human health as well as to promote the transition to a circular economy with innovative business models , products and materials , thus also contributing to the efficient functioning of the internal market . ### the objective of this directive is to prevent and reduce the impact of certain plastic products on the environment and on human and animal health as well as to promote the transition to a circular economy with innovative business models , products and materials , thus also contributing to the efficient functioning of the internal market .


### those measures may include national consumption reduction targets , measures ensuring that reusable alternatives to those products are made available at the point of sale to the final consumer , economic instruments such as ensuring that single - use plastic products are not provided free of charge at the point of sale to the final consumer . those measures may vary depending on the environmental impact of the products referred to in the first subparagraph . ### those measures shall include national consumption reduction targets , measures ensuring that reusable alternatives to those products are made available at the point of sale to the final consumer , economic instruments such as ensuring that single - use plastic products are not provided free of charge at the point of sale to the final consumer . those measures may vary depending on the environmental impact of the products referred to in the first subparagraph .


### member states shall take the necessary measures to collect separately , by 2025 , an amount of waste single - use plastic products listed in part f of the annex equal to 90% of such single - use plastic products placed on the market in a given year by weight . in order to achieve that objective member states may inter alia : ### member states shall take the necessary measures to collect separately , by 2025 , an amount of waste single - use plastic products listed in part f of the annex equal to 90% of such single - use plastic products placed on the market in a given year by weight . in order to achieve that objective member states shall inter alia :


### establish deposit - refund schemes , or ### establish deposit - refund schemes , and


### —cups for beverages ### —cups for beverages , including lids ;


### the european union agency for asylum should provide adequate support in the application of this regulation , in particular by providing experts to assist the member state authorities to receive , register , and examine applications for international protection , providing updated information regarding third countries , including country of origin information , and other relevant guidelines and tools . when applying this regulation , member states ' authorities should take into account operational standards , indicative guidelines , and best practices developed by the european union agency for asylum [ the agency ] . when assessing applications for international protection , member states ' authorities should take particular account of the information , reports , common analysis and guidance on the situation in countries of origin developed at union level by the agency and the european networks on country of origin information in accordance with articles 8 and 10 of regulation34 _________________ 34 com271 final . ### the european union agency for asylum should provide adequate support in the application of this regulation . when implementing this regulation , member states ' authorities could take into account indicative guidelines , and best practices developed by the agency . when assessing applications for international protection , member states ' authorities can take account of the information , reports , common analysis and guidance on the situation in countries of origin developed at union level by the agency and the european networks on country of origin information in accordance with articles 8 and 10 of regulation34 . in addition , when assessing applications for international protection , member states shall take into account all relevant information from the unhcr and from civil society organisations active on the ground . _________________ 34 com271 final .


### one of the conditions for qualification for refugee status within the meaning of article 1 of the geneva convention is the existence of a causal link between the reasons for persecution , namely race , religion , nationality , political opinion or membership of a particular social group , and the acts of persecution or the absence of protection against such acts . ### one of the conditions for qualification for refugee status within the meaning of article 1 of the geneva convention is the existence of a causal link between the reasons for persecution , namely race , religion or belief , nationality , political opinion or membership of a particular social group or political opinion , and the acts of persecution or the absence of protection against such acts .


### in accordance with relevant case law of the court of justice of the european union , when assessing applications for international protection , the competent authorities of the member states should use methods for the assessment of the applicant ' s credibility in a manner that respects the individual ' s rights as guaranteed by the charter , in particular the right to human dignity and the respect for private and family life . specifically as regards homosexuality , the individual assessment of the applicant ' s credibility should not be based on stereotyped notions concerning homosexuals and the applicant should not be submitted to detailed questioning or tests as to his or her sexual practices . ### in accordance with relevant case law of the court of justice of the european union and the european court of human rights , when assessing applications for international protection , the competent authorities of the member states should use methods for the assessment of the applicant ' s credibility in a manner that respects the individual ' s rights as guaranteed by the charter and the echr , in particular the right to human dignity and the respect for private and family life . specifically as regards sexual orientation and gender identity , the individual assessment of the applicant ' s credibility should not be based on stereotyped notions concerning sexual orientation and gender identity and the applicant should not be submitted to detailed questioning or tests as to his or her sexual practices . moreover , the competent national authorities should not find that the statements of the applicant lack credibility on the ground that the applicant did not rely on his or her sexual orientation , gender identity , gender expression or sex characteristics when he or she first set out the details of his or her persecution .


### as regards the required proof in relation to the existence of a serious and individual threat to the life or person of an applicant , in accordance with relevant case law of the court of justice of the european union36 , determining authorities should not require the applicant to adduce evidence that he is specifically targeted by reason of factors particular to his personal circumstances . however , the level of indiscriminate violence required to substantiate the application is lower if the applicant is able to show that he is specifically affected by reason of factors particular to his personal circumstance . moreover , the existence of a serious and individual threat should exceptionally be established by the determining authorities solely on account of the presence of the applicant on the territory or relevant part of the territory of the country of origin provided the degree of indiscriminate violence characterising the armed conflict taking place reaches such a high level that there are substantial grounds for believing that a civilian , returned to the country or origin or to the relevant part of country of origin , would , solely on account of his presence on the territory of that country or region , face a real risk of being subject to the serious threat . _________________ 36 c - 465 / 07 . ### as regards the required proof in relation to the existence of a serious threat to the life or person of an applicant , in accordance with relevant case law of the court of justice of the european union and the european court of human rights , the required level of harm needs not be equivalent to torture or inhuman or degrading treatment or punishment . the level of indiscriminate violence required to substantiate the application is lower if the applicant is able to show that he is specifically affected by reason of factors particular to his personal circumstance . moreover , the existence of a serious threat should be established by the determining authorities solely on account of the presence of the applicant on the territory or relevant part of the territory of the country of origin provided the degree of indiscriminate violence characterising the armed conflict taking place reaches such a level that there are substantial grounds for believing that a civilian , returned to the country of origin or to the relevant part of country of origin , would , solely on account of his or her presence on the territory of that country or region , face a real risk of being subject to the serious threat .


### when the refugee status or the subsidiary protection status ceases to exist , the application of the decision by which the determining authority of a member state revokes , ends or does not renew the status should be deferred for a reasonable period of time after adoption , in order to give the third - country national or stateless person concerned the possibility to apply for residence on the basis of other grounds than those having justified the granting of international protection , such as family reasons , or reasons related to employment or to education , in accordance with relevant union and national law . ### when the status of the beneficiary of international protection ceases to exist , the application of the decision by which the determining authority of a member state withdraws the status should be deferred for a reasonable period of time after adoption , in order to give the third - country national or stateless person concerned the possibility to apply for residence , in accordance with relevant union and national law .


### the notion of national security and public order also covers cases in which a third - country national belongs to an association which supports international terrorism or supports such an association . ### the notion of national security and public order may also cover cases in which a third - country national belongs to an association which supports international terrorism . however , the mere fact that the person concerned was a member of such an organisation cannot automatically mean that that person must be excluded from refugee status : it must be possible to attribute to the person concerned a share of the responsibility for the acts committed by the organisation in question while that person was a member . to that end , the competent authority must , inter alia , assess the true role played by the person concerned in the perpetration of the acts in question ; his or her position within the organisation ; the extent of the knowledge he or she had , or was deemed to have , of its activities ; any pressure to which he was exposed ; or other factors likely to have influenced his or her conduct . that individual responsibility must be assessed in the light of both objective and subjective criteria , shall be based on documented evidence and the decision should be legitimate and the refusal proportionate to the purported goal . applicants should be informed of the reasons of the refusal , which shall not be based on suspicions . applicants shall have access to effective judicial remedies .


### in order to enhance the effective exercise of the rights and benefits laid down in this regulation by beneficiaries of international protection , it is necessary to take into account their specific needs and the particular integration challenges with which they are confronted , and facilitate their access to integration related rights in particular as regards employment - related educational opportunities and vocational training and access to recognition procedures for foreign diplomas , certificates and other evidence of formal qualifications in particular due to the lack of documentary evidence and their inability to meet the costs related to the recognition procedures . ### in order to enhance the effective exercise of the rights and benefits laid down in this regulation by beneficiaries of international protection , it is necessary to take into account their specific needs and the particular integration challenges with which they are confronted , and facilitate their access to integration related rights in particular as regards employment - related educational opportunities and vocational training and access to recognition procedures for foreign diplomas , certificates and other evidence of formal qualifications in particular due to the lack of documentary evidence and their inability to meet the costs related to the recognition procedures . as implied by the reception directive , by restricting recipients of international protection to work , governments deprive communities of motivated workers , make asylum seekers / refugees vulnerable to exploitation as cheap labour and make the integration process more difficult in the long run . moreover , the costs associated with hosting asylum seekers are lower when they are authorized to hold remunerated employment . in that context , early labour integration would be the best solution


### the minor children of the couples referred to in point or of the beneficiary of international protection , on condition that they are unmarried and regardless of whether they were born in or out of wedlock or adopted as defined under national law ; ### the children of the couples referred to in point or of the applicant or beneficiary of international protection , regardless of whether they were born in or out of wedlock or adopted as defined under national law , and the children for whom they bear legal or customary primary responsibility ,


### the father , mother or another adult responsible for the beneficiary of international protection whether by law or by the practice of the member state concerned , when that beneficiary is a minor and unmarried ; ### the father , mother , or another adult responsible for the applicant or beneficiary of international protection whether by law or by the practice of the country of origin or of the member state concerned .


### ' guardian ' means a person or an organisation appointed by the competent bodies in order to assist and represent an unaccompanied minor in procedures provided for in this regulation with a view to ensuring the best interests of the child and exercising legal capacity for the minor where necessary . ### ' guardian ' means a person or an organisation appointed by the competent bodies in order to assist and represent an unaccompanied minor in procedures provided for in this regulation with a view to safeguarding the best interests of the child and his or her well - being and exercising legal capacity for the minor where necessary .


### the fact that an applicant has already been subject to persecution or serious harm , or to direct threats of such persecution or such harm , shall be considered a serious indication of the applicant’s well - founded fear of persecution or real risk of suffering serious harm , unless there are good reasons to consider that such persecution or serious harm will not be repeated . ### the fact that an applicant has already been subject to persecution or serious harm , or to direct threats of such persecution or such harm , shall be considered a serious indication of the applicant ' s well - founded fear of persecution or real risk of suffering serious harm .


### where aspects of the applicant’s statements are not supported by documentary or other evidence , no additional evidence shall be required in respect of those aspects where the following conditions are met : ### where aspects of the applicant ' s statements are not supported by documentary or other evidence , no additional evidence shall be required in respect of those aspects and the applicant shall be given the benefit of the doubt where the following conditions are met :


### all relevant elements at the applicant’s disposal have been submitted , and a satisfactory explanation has been given regarding any lack of other relevant elements ; ### all relevant elements at the applicant ' s disposal have been submitted


### protection against persecution or serious harm can only be provided by the following actors : ### protection against persecution or serious harm can only be provided by :


### acts of physical or mental violence , including acts of sexual violence ; ### acts of physical or mental violence , including acts of sexual violence and / or trafficking for sexual exploitation ;


### without prejudice to the duty of the refugee in accordance with article 4 to disclose all relevant facts and provide all relevant documentation at his or her disposal , the determining authority which has granted refugee status shall , on an individual basis , demonstrate that the person concerned has ceased to be or has never been a refugee for the reasons set out in paragraph 1 of this article . ### the determining authority which has granted refugee status shall , on an individual basis , demonstrate that the person concerned has ceased to be or has never been a refugee for the reasons set out in paragraph 1 of this article .


### his or her misrepresentation or omission of facts , including the use of false documents , was decisive for the granting of refugee status ; ### deleted


### without prejudice to the duty of the third - country national or stateless person pursuant to article 4 to disclose all relevant facts and provide all relevant documentation at his or her disposal , the member state which has granted the subsidiary protection status shall , on an individual basis , demonstrate that the person concerned has ceased to be or is not eligible for subsidiary protection in accordance with paragraph 1 of this article . ### the member state which has granted the subsidiary protection status shall , on an individual basis , demonstrate that the person concerned has ceased to be or is not eligible for subsidiary protection in accordance with paragraph 1 of this article .


### when applying the provisions of this chapter , the specific situation of persons with special needs such as minors , unaccompanied minors , disabled people , elderly people , pregnant women , single parents with minor children , victims of human trafficking , persons with mental disorders and persons who have been subjected to torture , rape or other serious forms of psychological , physical or sexual violence shall be taken into account provided an individual evaluation of their situation establishes that they have special needs . ### when applying the provisions of this chapter , the specific situation of persons with special needs such as minors , unaccompanied minors , disabled people , elderly people , pregnant women , single parents with minor children , victims of human trafficking , persons with mental disorders and persons who have been subjected to torture , rape or other serious forms of psychological , physical or sexual violence shall be taken into account


### no later than 30 days after international protection has been granted , a residence permit shall be issued using the uniform format as laid down in regulation no 1030 / 2002 . ### as soon as possible , and in any event no later than 15 days after international protection has been granted , a residence permit shall be issued using the uniform format as laid down in regulation no 1030 / 2002 .


### beneficiaries of international protection shall enjoy freedom of movement within the territory of the member state that granted international protection , including the right to choose their place of residence in that territory , under the same conditions and restrictions as those provided for other third - country nationals legally resident in their territories who are in a comparable situation . ### beneficiaries of international protection shall enjoy freedom of movement within the territory of the member state that granted international protection , including the right to choose their place of residence in that territory , under the same conditions and restrictions as those provided for other third - country nationals legally resident in their territories


### beneficiaries of international protection shall enjoy freedom of movement within the territory of the member state that granted international protection , including the right to choose their place of residence in that territory , under the same conditions and restrictions as those provided for other third - country nationals legally resident in their territories who are in a comparable situation . ### beneficiaries of international protection shall enjoy freedom of movement within the territory of the member state that granted international protection , including the right to choose their place of residence in that territory , under the same conditions and restrictions as those provided for other third - country nationals legally resident in their territories .


### beneficiaries of international protection who have special needs , such as pregnant women , disabled people , persons who have undergone torture , rape or other serious forms of psychological , physical or sexual violence or minors who have been victims of any form of abuse , neglect , exploitation , torture , cruel , inhuman and degrading treatment or who have suffered from armed conflict shall be provided adequate healthcare , including treatment of mental disorders when needed , under the same eligibility conditions as nationals of the member state that has granted protection . ### beneficiaries of international protection who have special needs , such as pregnant women , disabled people , persons who have undergone torture , rape or other serious forms of psychological , physical or sexual violence or minors who have been victims of any form of abuse , neglect , exploitation , torture , cruel , inhuman and degrading treatment or who have suffered from armed conflict shall be provided adequate healthcare , including treatment of mental disorders when needed , under the same eligibility conditions as nationals of the member state that has granted protection . former international protection applicants in need of special procedural needs who were receiving medical assistance under art 19 of the [ recast procedures regulation ] shall continue receiving treatment after the recognition of their status , for as long as needed .


### as soon as possible after international protection is granted and within five working days at the latest , as outlined in article 22 of regulation eu no xxx / xxx [ procedures regulation ] , competent authorities shall take the necessary measures to ensure the representation of unaccompanied minors by a legal guardian or , where necessary , by an organisation responsible for the care and well - being of minors , or by any other appropriate representation including that based on legislation or court order . ### as soon as possible and within five days at the latest from the date of application for international protection , as outlined in article 22 of regulation eu no xxx / xxx [ procedures regulation ] , competent authorities shall take the necessary measures to ensure the representation of unaccompanied minors by a legal guardian or , where necessary , by an organisation responsible for the care and well - being of minors , or by any other appropriate representation including that based on legislation or court order . where an organisation is appointed as guardian , it shall as soon as possible designate a person responsible for carrying out the duties of guardian in respect of the unaccompanied minor , in accordance with this regulation .


### to ensure that private sector investments have the greatest development impact , the eib shall endeavour to strengthen the local private sector in beneficiary countries through support to local investment as provided for in point of paragraph 1 . eib financing operations supporting the general objectives set out in paragraph 1 shall endeavour to also enhance its support to investment projects run by smes from the union . in order to effectively monitor the use of funds for the benefit of the smes concerned , the eib shall establish and maintain adequate contractual provisions imposing standard reporting obligations on both the financial intermediaries and the beneficiaries ; ### to ensure that private sector investments have the greatest development impact , the eib shall ensure that the local private sector , including cooperatives and social enterprises , in beneficiary countries is strengthened through support to local investment as provided for in point of paragraph 1 . eib financing operations supporting the general objectives set out in paragraph 1 shall endeavour to also enhance its support to investment projects run by smes from the recipient country and from the union . in order to effectively monitor the use of funds for the benefit of the smes concerned , the eib shall establish and maintain adequate contractual provisions imposing standard reporting obligations on both the financial intermediaries and the beneficiaries ;


### the public sector , including municipalities and public sector entities , in terms of infrastructure and services to address significantly increased needs . ’ ; ### the public sector , including municipalities and public sector entities , in terms of infrastructure and services , and particularly for health care and with special facilities for children , for sanitation services and school education , to address significantly increased needs . ;


### certain electronic communications services under this directive could also fulfil the definition of ‘ information society service’ in article 1 of directive 2015 / 1535 of the european parliament and of the council of 9 september 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on information society services . the provisions governing information society services apply to those electronic communications services to the extent that there are not more specific provisions applicable to electronic communications services in this directive or in other union acts . however , electronic communications services such as voice telephony , messaging services and electronic mail services are covered by this directive . the same undertaking , for example an internet service provider , can offer both an electronic communications service , such as access to the internet , and services not covered under this directive , such as the provision of web - based and not communications - related content . ### the provisions governing information society services apply to those electronic communications services to the extent that there are not more specific provisions applicable to electronic communications services in this directive or in other union acts . however , electronic communications services such as voice telephony , messaging services and electronic mail services are covered by this directive . the same undertaking , for example an internet service provider , can offer both an electronic communications service , such as access to the internet , and services not covered under this directive , such as the provision of web - based and not communications - related content .


### definitions need to be adjusted so as to conform to the principle of technology neutrality and to keep pace with technological development . technological and market evolution has brought networks to move to internet protocol technology , and enabled end - users to choose between a range of competing voice service providers . therefore , the term ' publicly available telephone service ' , exclusively used in directive 2002 / 22 / ec and widely perceived as referring to traditional analogue telephone services should be replaced by the more current and technological neutral term ' voice communications ' . conditions for the provision of a service should be separated from the actual definitional elements of a voice communications service , i . e . an electronic communications service made available to the public for originating and receiving , directly or indirectly , national or national and international calls through a number or numbers in a national or international telephone numbering plan , whether such a service is based on circuit switching or packet switching technology . it is the nature of such a service that it is bidirectional , enabling both the parties to communicate . a service which does not fulfil all these conditions , such as for example a ‘ click - through’ application on a customer service website , is not such a service . voice communications services also include means of communication specifically intended for disabled end - users using text relay or total conversation services . ### definitions need to be adjusted so as to conform to the principle of technology neutrality and to keep pace with technological development . technological and market evolution has brought networks to move to internet protocol technology , and enabled end - users to choose between a range of competing voice service providers . therefore , the term ' publicly available telephone service ' , exclusively used in directive 2002 / 22 / ec and widely perceived as referring to traditional analogue telephone services should be replaced by the more current and technological neutral term ' conversational communications ' . conditions for the provision of a service should be separated from the actual definitional elements of a conversational communications service , i . e . an electronic communications service made available to the public for originating and receiving , directly or indirectly , national or national and international calls through a number or numbers in a national or international telephone numbering plan , whether such a service is based on circuit switching or packet switching technology . it is the nature of such a service that it is bidirectional , enabling both the parties to communicate . a service which does not fulfil all these conditions , such as for example a ‘ click - through’ application on a customer service website , is not such a service . conversational communications services also include means of communication specifically intended for end - users with disabilities using text or video relay or total conversation services , such as voice , video and real - time text singly or in combination within the same call .


### end - users should be able to access emergency services through emergency communications free of charge and without having to use any means of payment , from any device which enables number - based interpersonal communications services , including when using roaming services in a member state . emergency communications are means of communication , that include not only voice communications but also sms , messaging , video or other types of communications , that are enabled in a member state to access emergency services . emergency communication can be triggered on behalf of a person by the ecall in - vehicle system as defined by regulation 2015 / 758 / eu of the european parliament and of the council41 . __________________ 41 regulation 2015 / 758 / eu of the european parliament and of the council concerning type - approval requirements for the ecall in - vehicle system based on the 112 service and amending directive 2007 / 46 / ec ### end - users should be able to access emergency services through emergency communications free of charge and without having to use any means of payment , pre - registration , pre - installation of any kind of software , from any device which enables number - based interpersonal communications services , including when using roaming services in a member state . emergency communications are means of communication , that include not only voice communications but also real - time text , video or other types of communications , including through the use of third party relay services , that are enabled in a member state to access emergency services . emergency communication can be triggered on behalf of a person by the ecall in - vehicle system as defined by regulation 2015 / 758 / eu of the european parliament and of the council41 . __________________ 41 regulation 2015 / 758 / eu of the european parliament and of the council concerning type - approval requirements for the ecall in - vehicle system based on the 112 service and amending directive 2007 / 46 / ec


### member states should take specific measures to ensure that emergency services , including ‘ 112’ , are equally accessible to disabled end - users , in particular deaf , hearing - impaired , speech - impaired and deaf - blind users . this could involve the provision of special terminal devices for hearing - impaired users , text relay services , or other specific equipment . ### member states should take specific measures to ensure that emergency services , including ‘ 112’ , are equally accessible to end - users with disabilities , in particular deaf , hearing - impaired , speech - impaired , blind and deaf - blind users through real - time text or the use of third party relay services interoperable with the telephony networks across the eu . this could also involve the provision of special terminal devices for people with disabilities when the abovementioned ways of communication are not suitable for them .


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


### on the other hand , it is to ensure the provision throughout the union of good - quality , affordable , publicly available services through effective competition and choice , to deal with circumstances in which the needs of end - users , including disabled users , are not satisfactorily met by the market and to lay down the necessary end - user rights . ### on the other hand , it is to ensure the provision throughout the union of good - quality , affordable , publicly available services through effective competition and choice , to deal with circumstances in which the needs of end - users , including users with disabilities in order to access the services on an equal basis with others , are not satisfactorily met by the market and to lay down the necessary end - user rights .


### member states shall ensure that access for disabled end - users to emergency services is available through emergency communications and equivalent to that enjoyed by other end - users . measures taken to ensure that disabled end - users are able to access emergency services through emergency communications whilst travelling in other member states shall be based to the greatest extent possible on european standards or specifications published in accordance with the provisions of article 39 , and they shall not prevent member states from adopting additional requirements in order to pursue the objectives set out in this article . ### member states shall ensure that access for disabled end - users with disabilities to emergency services is available through emergency communications and equivalent to that enjoyed by other end - users , including through total conversation services and available third party relay services { conversational communication services } . the commission and the national regulatory and other competent authorities shall take appropriate measures to ensure that end - users with disabilities can access emergency services on an equal basis with others , whilst travelling in other member state , in particular through the use of total conversation services and available relay services . these measures shall ensure interoperability across member states and shall be based to the greatest extent possible on european standards or specifications published in accordance with the provisions of article 39 , and they shall not prevent member states from adopting additional requirements in order to pursue the objectives set out in this article .


### in order to ensure effective access to emergency services through emergency communications to ‘ 112’ services in the member states , the commission shall be empowered to adopt delegated acts in accordance with article 109 on the measures necessary to ensure the compatibility , interoperability , quality , reliability and continuity of emergency communications in the union with regard to caller location solutions , access for disabled end - users and routing to the most appropriate psap . ### in order to ensure effective access to emergency services through emergency communications to ‘ 112’ services in the member states , the commission shall be empowered to adopt delegated acts in accordance with article 109 on the measures necessary to ensure the compatibility , interoperability , quality , reliability and continuity of emergency communications in the union with regard to caller location solutions , access for disabled end - users , accessibility for persons with disabilities and routing to the most appropriate psap .


### this objective requires that information on convictions handed down in the member states be taken into account outside the convicting member state , both in the course of new criminal proceedings , as laid down in council framework decision 2008 / 675 / jha19 , as well as in order to prevent new offences . _________________ 19 council framework decision 2008 / 675 / jha of 24 july 2008 on taking account of convictions in the member states of the european union in the course of new criminal proceedings . ### this objective requires that information on convictions handed down in the member states be taken into account outside the convicting member state , in the course of new criminal proceedings , as laid down in council framework decision 2008 / 675 / jha19 . _________________ 19 council framework decision 2008 / 675 / jha of 24 july 2008 on taking account of convictions in the member states of the european union in the course of new criminal proceedings .


### improving the circulation of information on convictions should assist member states in their implementation of framework decision 2008 / 675 / jha , which obliges the member states to take account of previous convictions in the course of new criminal proceedings . ### improving the circulation of information on convictions should assist member states in their implementation of framework decision 2008 / 675 / jha , which obliges the member states to take account of previous convictions in other member states in the course of new criminal proceedings , to the extent previous national convictions are taken into account in accordance with national law .


### for each convicted third country national , the central authority of the convicting member state shall create a data record in the central system . the data record shall include the following data : ### for each convicted third country national , whose data have been entered in the criminal record of the convicting member state , the central authority of that state shall create a data record in the central system . the data record shall include the following data :


### 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


### if a member state has reason to believe that the data it has recorded in the central system are inaccurate or that data were processed in the central system in contravention of this regulation , it shall check the data concerned and , if necessary , amend them or delete them from the central system without delay . ### if a member state has reason to believe that the data it has recorded in the central system are inaccurate or that data were processed in the central system in contravention of this regulation , it shall check the data concerned and , if necessary , immediately amend them or delete them from the central system . it shall immediately inform the european data protection supervisor and the national supervisory authority for data protection of any such incidents .


### 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 .


### eu - lisa shall be responsible for the development and operational management of the ecris - tcn system . the development shall consist of the elaboration and implementation of the technical specifications , testing and overall project coordination . ### eu - lisa shall be responsible for the development of the ecris - tcn system in accordance with the principle of data protection by design and by default . in addition , eu - lisa shall be responsible for the operational management of the ecris - tcn system . the development shall consist of the elaboration and implementation of the technical specifications , testing and overall project coordination .


### eu - lisa shall ensure that the ecris - tcn system is operated in accordance with this regulation and the implementing acts referred to in article 10 , as well as in accordance with regulation no 45 / 2001 [ or its successor regulation ] . in particular , eu - lisa shall take the necessary measures to ensure the security of the central system and the communication infrastructure between the central system and the national central access point , without prejudice to the responsibilities of each member state . ### eu - lisa shall ensure that the ecris - tcn system is operated in accordance with this regulation , the implementing acts referred to in article 10 and the delegated acts referred to in article 10a , as well as in accordance with regulation no 45 / 2001 [ or its successor regulation ] . in particular , eu - lisa shall take the necessary measures to ensure the security of the central system and the communication infrastructure between the central system and the national central access point , without prejudice to the responsibilities of each member state .


### if a request is made to a member state other than the convicting member state , the authorities of the member state to which the request has been made shall check the accuracy of the data and the lawfulness of the data processing in the ecris - tcn system within a time limit of one month if that check can be done without consulting the convicting member state . otherwise , the member state other than the convicting member state shall contact the authorities of the convicting member state within 14 days and the convicting member state shall check the accuracy of the data and the lawfulness of the data processing within one month from the contact . ### if a request is made to a member state other than the convicting member state , the authorities of the member state to which the request has been made shall check the accuracy of the data and the lawfulness of the data processing in the ecris - tcn system within a time limit of one month if that check can be done without consulting the convicting member state . otherwise , the member state other than the convicting member state shall contact the authorities of the convicting member state within 14 days and the convicting member state shall check the accuracy of the data and the lawfulness of the data processing and respond within one month from the contact .


### in the event that data recorded in the ecris - tcn system are factually inaccurate or have been recorded unlawfully , the convicting member state shall correct or delete the data in accordance with article 9 . the convicting member state or , where applicable , the member state to which the request has been made shall confirm in writing to the person concerned without delay that action has been taken to correct or delete data relating to that person . ### in the event that data recorded in the ecris - tcn system are factually inaccurate or have been recorded unlawfully , the convicting member state shall correct or delete the data in accordance with article 9 . the convicting member state or , where applicable , the member state to which the request has been made shall immediately confirm in writing to the person concerned that action has been taken to correct or delete data relating to that person .


### if the member state to which the request has been made does not agree that data recorded in the ecris - tcn system are factually inaccurate or have been recorded unlawfully , that member state shall adopt an administrative decision explaining in writing to the person concerned without delay why it is not prepared to correct or delete data relating to him . ### if the member state to which the request has been made does not agree that data recorded in the ecris - tcn system are factually inaccurate or have been recorded unlawfully , that member state shall adopt an administrative decision explaining in writing to the person concerned without delay why it is not prepared to correct or delete data relating to him or her . such cases shall be communicated to the european data protection supervisor and the national supervisory authority for data protection .


### in each member state , the supervisory authority shall , upon request , assist and advise the person concerned in exercising his or her right to correct or delete data relating to him or her . ### in each member state , the supervisory authority shall be able to audit the central authorities , shall be informed of all incidents referred to in article 9 and and article 23 , and upon request , assist and advise the person concerned in exercising his or her right to correct or delete data relating to him or her .


### in each member state any person shall have the right to bring an action or a complaint in the member state which refused the right of access to or the right of correction or deletion of data relating to him or her , provided for in article 23 . ### in each member state any person shall have the right to an effective remedy and , in this respect , the right to bring an action or a complaint&#160 ; in the member state which refused the right of access to or the right of correction or deletion of data relating to him or her , provided for in article 23 .


### the measures referred to in article 10 have been adopted ; ### the measures referred to in articles 10 and 10a have been adopted ;


### two years after the start of operations of the ecris - tcn system and every year thereafter , eu - lisa shall submit to the commission a report on the technical functioning of the ecris - tcn system and the ecris reference implementation , including the security thereof , based in particular on the statistics on the functioning and use of ecris - tcn system and on the exchange , through the ecris reference implementation , of information extracted from the criminal records . ### one year after the start of operations of the ecris - tcn system and every year thereafter , eu - lisa shall submit to the commission a report on the technical functioning of the ecris - tcn system and the ecris reference implementation , including the security thereof , based in particular on the statistics on the functioning and use of ecris - tcn system and on the exchange , through the ecris reference implementation , of information extracted from the criminal records .


### the member states , eurojust , europol [ , and the european public prosecutor ' s office ] shall provide eu - lisa and the commission with the information necessary to draft the reports referred to in this article according to the quantitative indicators predefined by the commission or eu - lisa or both . that information shall not jeopardise working methods or include information that reveals sources , staff members or investigations of the designated authorities . ### the member states , eurojust , europol [ , and the european public prosecutor ' s office ] , the european data protection supervisor and the national supervisory authorities for data protection shall provide eu - lisa and the commission with the information necessary to draft the reports referred to in this article according to the quantitative indicators predefined by the commission or eu - lisa or both . that information shall not jeopardise working methods or include information that reveals sources , staff members or investigations of the designated authorities .


### eu - lisa shall provide the commission with the information necessary to produce the overall evaluations referred to in paragraph 5 . ### eu - lisa shall provide the commission with the information necessary to produce the overall evaluations referred to in this article .


### an advisory group shall be established by eu - lisa and provide it with the expertise related to the ecris - tcn system and the ecris reference implementation , in particular in the context of preparation of its annual work programme and its annual activity report . during the design and development phase , article 11 applies . ### an advisory group , including a representative of the european data protection supervisor and a representative of the european union agency for fundamental rights shall be established by eu - lisa and provide it with the expertise related to the ecris - tcn system and the ecris reference implementation , in particular in the context of preparation of its annual work programme and its annual activity report . during the design and development phase , article 11 applies .


### in addition , investments under the erdf should contribute to the development of a comprehensive high - speed digital infrastructure network , and to promoting clean and sustainable multimodal urban mobility . ### in addition , investments under the erdf should contribute to the development of a comprehensive high - speed digital infrastructure network throughout the union , including in rural areas where it is a vital contributor to smes , and to promoting clean and sustainable multimodal urban mobility .


### pursuant to paragraph 22 and 23 of the inter - institutional agreement for better law - making of 13 april 2016 , there is a need to evaluate the funds on the basis of information collected through specific monitoring requirements , while avoiding overregulation and administrative burdens , in particular on member states . these requirements , where appropriate , can include measurable indicators , as a basis for evaluating the effects of the funds on the ground . ### pursuant to paragraph 22 and 23 of the inter - institutional agreement for better law - making of 13 april 2016 , there is a need to evaluate the funds on the basis of information collected through specific monitoring requirements , while avoiding overregulation and administrative burdens , in particular on member states . these requirements , where appropriate , should include measurable indicators as a basis for evaluating the effects of the funds on the ground .


### 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 shall visibly display relevant information in relation to the personal circumstances that may result in special reception needs or needs of special procedural guarantees as listed in this directive and the asylum procedures regulation , 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 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 state reasons in fact and , where relevant , in law in any decision taken in accordance with this article . applicants shall be immediately informed in writing , in a language which they understand or are reasonably supposed to understand , of the adoption of such a decision , of the procedures for challenging the decision in accordance with article 25 and of the consequences of non - compliance with the obligations imposed by the decision . ### member states shall state reasons in fact and , where relevant , in law in any decision taken in accordance with this article . applicants shall be immediately informed in writing , in the official language of the member state as well as in a language the applicant understands , of the adoption of such a decision , of the procedures for challenging the decision in accordance with article 25 and of the consequences of non - compliance with the obligations imposed by the decision .


### where applicants with special reception needs are detained , member states shall ensure regular monitoring and adequate support taking into account their particular situation , including their health . ### where applicants with special reception needs are detained , member states shall ensure regular monitoring and adequate support taking into account their particular situation , including their physical and mental health .


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


### member states shall provide necessary medical or other assistance to applicants who have special reception needs , including appropriate mental health care where needed . ### member states shall provide medical or other assistance to applicants who have special reception needs , including appropriate mental health care where needed and rehabilitation services to victims of gender - based harm , torture , rape or other serious forms of psychological , physical or sexual violence .


### reduce or , in exceptional and duly justified cases , withdraw the daily allowances . ### reduce or , in exceptional and duly justified cases , withdraw the daily allowances , while still guaranteeing a dignified standard of living .


### in order to effectively implement article 20 , member states shall systematically assess whether the applicant is an applicant with special reception needs . member states shall also indicate the nature of such needs . ### in order to effectively implement article 20 , member states shall systematically assess whether the applicant is an applicant with special reception needs , with the assistance of a qualified interpreter where needed . member states shall also indicate the nature of such needs , measures to be taken to respond to them and the authorities responsible for such a response .


### that assessment shall be initiated as early as possible after an application for international protection is made and may be integrated into existing national procedures or into the assessment referred to in article [ 19 ] of regulation no xxx / xxx [ procedures regulation ] . member states shall ensure that those special reception needs are also addressed , in accordance with this directive , if they become apparent at a later stage in the asylum procedure . ### that assessment shall be initiated as early as possible after an application for international protection is made and may be integrated into existing national procedures or into the assessment referred to in article [ 19 ] of regulation no xxx / xxx [ procedures regulation ] . member states shall ensure that those special reception needs are also addressed , in accordance with this directive , if they become apparent at a later stage in the asylum procedure , or if the applicant expresses a reasoned request to have his or her special reception needs reassessed .


### 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 trained in carrying out such an assessment , for further assessment of their psychological and physical state with the support of a qualified interpreter where there are indications that applicants may have been victim of gender - based harm , 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


### the minor’s well - being and social development , taking into particular consideration the minor’s background ; ### the minor ' s well - being and social development , taking into particular consideration the minor ' s background , such as the ethnic , religious , cultural and linguistic background and further having regard to the need for stability and continuity in care and access to health and education services ;


### 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 .


### persons making a public disclosure directly should also qualify for protection in cases where a breach remains unaddressed despite having been reported internally and / or externally following a tiered use of available channels ; or in cases where reporting persons have valid reasons to believe that there is collusion between the perpetrator of the breach and the competent authority is reasonably suspected , that evidence may be concealed or destroyed , or that the effectiveness of investigative actions by competent authorities might be jeopardised ; or in cases of imminent and manifest danger for the public interest , or where there is a risk of irreversible damage , including , inter alia , harm to physical integrity . ### persons making a public disclosure directly should also qualify for protection under this directive , regardless of whether the breach has been reported internally and / or externally .


### the material scope of this directive is based on the identification of areas where the introduction of whistleblower protection appears justified and necessary on the basis of currently available evidence . such material scope may be extended to further areas or union acts , if this proves necessary as a means of strengthening their enforcement in the light of evidence that may come to the fore in the future or on the basis of the evaluation of the way in which this directive has operated . ### the material scope of this directive is based on all union acts .


### the european union is built on solidarity , among its citizens and among its member states . this common value guides its actions and provides the necessary unity to cope with current and future societal challenges , which young europeans are willing to help address by expressing their solidarity in practice . ### solidarity is the basis of developed and democratic societies , not just among citizens in a particular context , but also among peoples and states . this common value should be fostered , especially in view of current and future societal challenges , which young people will be able to continue to help address by expressing their solidarity in practice .


### the state of the union address of 14 september 201617 emphasized the need to invest in young people and announced the establishment of a european solidarity corps with a view to creating opportunities for young people across the union to make a meaningful contribution to society , show solidarity and develop their skills , thus getting not only work but also invaluable human experience . __________________ 17 the state of the union 2016 : towards a better europe – a europe that protects , empowers and defends , ip / 16 / 3042 . ### the state of the union address of 14 september 201617 emphasized the need to invest in young people and announced the establishment of a european solidarity corps with a view to enabling young people across the union to make a meaningful contribution to society , show solidarity and develop relationships based on the primacy of people’s rights . __________________ 17 the state of the union 2016 : towards a better europe – a europe that protects , empowers and defends , ip / 16 / 3042 .


### particular attention should be paid to ensuring the quality of the placements and other opportunities offered under the european solidarity corps , in particular by offering training , language support , insurance , administrative and post - placement support to participants as well as the validation of the knowledge , skills and competences acquired through their european solidarity corps experience . ### particular attention should be paid to ensuring the quality of the placements and other opportunities offered under the european solidarity corps , in particular by offering training , language support , insurance , administrative and post - placement support to volunteers as well as the validation of the knowledge , skills and competences acquired through their european solidarity corps experience .