### a fundamental requirement of universal service is to ensure that all end - users have access at an affordable price to available functional internet access and voice communications services , at least at a fixed location . member states should also have the possibility to ensure affordability of services not provided at a fixed location but to citizens on the move , where they deem this necessary to ensure their full social and economic participation in society . there should be no limitations on the technical means by which the connection is provided , allowing for wired or wireless technologies , nor any limitations on the category of operators which provide part or all of universal service obligations . ### a fundamental requirement of universal service is to follow a universal design approach in order to ensure that all end - users , including end - users with disabilities , have equal access to an affordable and available internet access and two - way communications services , at least at a fixed location to all citizens , especially for socially disadvantaged communities . member states should also have the possibility to ensure affordability , availability and accessibility of services provided also to citizens on the move , where they deem this necessary to ensure their full social and economic participation in society . there should be no limitations on the technical means by which the connection is provided , allowing for wired or wireless technologies , nor any limitations on the category of operators which provide part or all of universal service obligations .


### numbering , including number ranges , portability of numbers and identifiers , number and address translation systems , and access to 112 emergency services . ### numbering , including number ranges , portability of numbers and identifiers , number and address translation systems , interoperability of total conversation services and access to 112 emergency services , including for persons with disabilities .


### in line with the objectives of the charter of fundamental rights of the european union and the united nations convention on the rights of persons with disabilities , the regulatory framework should ensure that all users , including disabled end - users , the elderly , and users with special social needs , have easy access to affordable high quality services . declaration 22 annexed to the final act of amsterdam provides that the institutions of the union shall take account of the needs of persons with a disability in drawing up measures under article 114 of the tfeu . ### in line with the objectives of the charter of fundamental rights of the european union and the united nations convention on the rights of persons with disabilities , the regulatory framework should ensure that the electronic communications market follows a universal design approach and that all users , including end - users with disabilities , older people , and users with special social needs , have easy and equal access to affordable and accessible high quality services . declaration 22 annexed to the final act of amsterdam provides that the institutions of the union shall take account of the needs of persons with disabilities in drawing up measures under article 114 of the tfeu .


### member states may , in the light of national conditions , ensure that support is provided to low - income or special social needs end - users in view of ensuring affordability of functional internet access and voice communications services at least at a fixed location . ### member states shall , in the light of national conditions , ensure that support is provided to low - income or special social needs end - users in view of ensuring affordability of functional internet access and conversational communications services at least at a fixed location .


### member states shall ensure that all end - users of the service referred to in paragraph 2 , including users of public pay telephones , are able to access the emergency services through emergency communications free of charge and without having to use any means of payment , by using the single european emergency number ' 112 ' and any national emergency number specified by member states . ### member states shall ensure that all end - users of the service referred to in paragraph 2 , including users of public pay telephones , relay services and total conversation services , are able to access the emergency services , or where applicable , the internal emergency services , through emergency communications free of charge and without having to use any means of payment , pre - registration or pre - installation , by using the single european emergency number ' 112 ' and any national emergency number specified by member states .


### in addition to the affordability measures for disabled users set out in this directive , directive xxx / yyyy / eu of the european parliament and of the council on the approximation of the laws , regulations and administrative provisions of the member states as regards the accessibility requirements for products and services sets out several compulsory requirements for the harmonisation of a number of accessibility features for disabled users of electronic communications services and related consumer terminal equipment . therefore the corresponding obligation in this directive that required member states to encourage the availability of terminal equipment for disabled users has become obsolete and should be repealed . ### in addition to the affordability measures for users with disabilities set out in this directive , directive xxx / yyyy / eu of the european parliament and of the council on the approximation of the laws , regulations and administrative provisions of the member states as regards the accessibility requirements for products and services sets out several compulsory requirements for the harmonisation of a number of accessibility features for end - users with disabilities of electronic communications services and related consumer terminal equipment . therefore the corresponding obligation in this directive that required member states to encourage the availability of terminal equipment for end - users with disabilities has become obsolete and should be repealed , except for the provision of assistive technologies interoperable with publicly available electronic communication terminal equipment and services , when the latter do not meet the needs of specific groups of persons with disabilities .


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


### 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 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 .


### member states shall ensure , in the light of national conditions , that support is provided as appropriate to end - users with disabilities , or that other specific measures are taken , in view of ensuring that related terminal equipment , specific equipment and specific services enhancing equivalent access are affordable . ### member states shall ensure , in the light of national conditions , that support is provided as appropriate to end - users with disabilities , and that other specific measures are taken , in view of ensuring that accessibility related terminal equipment and specific equipment and specific services , including text and video relay services , enhancing equivalent access are affordable . average cost of relay services for the end - user shall not exceed the average cost of voice communication services .


### in order to ensure that disabled end - users benefit from competition and the choice of service providers enjoyed by the majority of end - users , relevant national authorities should specify , where appropriate and in light of national conditions , consumer protection requirements for disabled end - users to be met by undertakings providing publicly available electronic communications services . such requirements can include , in particular , that undertakings ensure that disabled end - users take advantage of their services on equivalent terms and conditions , including prices , tariffs and quality , as those offered to their other end - users , irrespective of any additional costs incurred by these undertakings . other requirements can relate to wholesale arrangements between undertakings . in order to avoid creating an excessive burden on service providers national regulatory authorities should verify , whether the objectives of equivalent access and choice can actually be achieved without such measures . ### in order to ensure that end - users with disabilities benefit from competition and the choice of service providers enjoyed by the majority of end - users , relevant national authorities should specify , where appropriate and in light of national conditions , consumer protection requirements for end - users with disabilities to be met by undertakings providing publicly available electronic communications services . such requirements can include , in particular , that undertakings ensure that end - users with disabilities take advantage of their services on equivalent terms and conditions , including prices , tariffs and quality , as those offered to their other end - users , irrespective of any additional costs incurred by these undertakings . other requirements can relate to wholesale arrangements between undertakings . national regulatory authorities should verify in consultation with service providers and representative organisations of persons with disabilities , whether the objectives of equivalent access and choice can actually be achieved with other measures .


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


### in line with the objectives of the charter of fundamental rights of the european union and the united nations convention on the rights of persons with disabilities , the regulatory framework should ensure that all users , including disabled end - users , the elderly , and users with special social needs , have easy access to affordable high quality services . declaration 22 annexed to the final act of amsterdam provides that the institutions of the union shall take account of the needs of persons with a disability in drawing up measures under article 114 of the tfeu . ### in line with the objectives of the charter of fundamental rights of the european union and the united nations convention on the rights of persons with disabilities , the regulatory framework should ensure that all users , including end - users with disabilities , older people , and users with special social needs , have easy and equal access to affordable and accessible high quality services . declaration 22 annexed to the final act of amsterdam provides that the institutions of the union shall take account of the needs of persons with disabilities in drawing up measures under article 114 of the tfeu .


### 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 .


### when assessing co - investment offers and processes referred to in point of the first subparagraph , national regulatory authorities shall ensure that those offers and processes comply with the criteria set out in annex iv . ### when assessing co - investment agreements referred to the first paragraph , national regulatory authorities shall ensure that those offers and processes comply with the criteria set out in annex iv .


### if a bundle of services or a bundle of services and goods offered to an end - user comprises at least a publicly available electronic communications service other than number - independent interpersonal communications services , articles 95 , 96 , 98 and 99 shall apply mutatis mutandis to all elements of the bundle except where the provisions applicable to another element of the bundle are more favourable to the end - user . ### a bundle of services or a bundle of services and goods offered to a consumer shall not prevent that consumer from obtaining separately all elements of the bundle under the same conditions except where the provisions applicable to another element of the bundle are more favourable to the end - user . articles 95 , 96 , 98 and 99 shall apply mutatis mutandis without impeding on the scope of this article .


### in order to ensure that disabled end - users benefit from competition and the choice of service providers enjoyed by the majority of end - users , relevant national authorities should specify , where appropriate and in light of national conditions , consumer protection requirements for disabled end - users to be met by undertakings providing publicly available electronic communications services . such requirements can include , in particular , that undertakings ensure that disabled end - users take advantage of their services on equivalent terms and conditions , including prices , tariffs and quality , as those offered to their other end - users , irrespective of any additional costs incurred by these undertakings . other requirements can relate to wholesale arrangements between undertakings . in order to avoid creating an excessive burden on service providers national regulatory authorities should verify , whether the objectives of equivalent access and choice can actually be achieved without such measures . ### in order to ensure that end - users with disabilities benefit from competition and the choice of service providers enjoyed by the majority of end - users , relevant national authorities should specify , where appropriate and in light of national conditions , consumer protection requirements end - users with disabilities to be met by undertakings providing publicly available electronic communications services . such requirements can include , in particular , that undertakings ensure that end - users with disabilities take advantage of their services on equivalent terms and conditions , including prices , tariffs and quality , as those offered to their other end - users , irrespective of any additional costs incurred by these undertakings . other requirements can relate to wholesale arrangements between undertakings . national regulatory authorities should verify in consultation with service providers and representative organisations of persons with disabilities , whether the objectives of equivalent access and choice can actually be achieved with other measures .


### in addition to the affordability measures for disabled users set out in this directive , directive xxx / yyyy / eu of the european parliament and of the council on the approximation of the laws , regulations and administrative provisions of the member states as regards the accessibility requirements for products and services sets out several compulsory requirements for the harmonisation of a number of accessibility features for disabled users of electronic communications services and related consumer terminal equipment . therefore the corresponding obligation in this directive that required member states to encourage the availability of terminal equipment for disabled users has become obsolete and should be repealed . ### in addition to the affordability measures for end - users with disabilities set out in this directive , directive xxx / yyyy / eu of the european parliament and of the council on the approximation of the laws , regulations and administrative provisions of the member states as regards the accessibility requirements for products and services sets out several compulsory requirements for the harmonisation of a number of accessibility features for end - users with disabilities of electronic communications services and related consumer terminal equipment . therefore the corresponding obligation in this directive that required member states to encourage the availability of terminal equipment for end - users with disabilities has become obsolete and should be repealed , except for the provision of assistive technologies interoperable with publicly available electronic communication terminal equipment and services , when the latter do not meet the needs of specific groups of persons with disabilities .


### member states shall ensure that undertakings providing public communications networks or publicly available electronic communications services notify without undue delay the competent authority of a breach of security that has had a significant impact on the operation of networks or services . ### member states shall ensure that undertakings providing public communications networks or publicly available electronic communications services notify without undue delay the competent authority of a security incident or loss of integrity that has had a significant impact on the operation of networks or services .


### 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 .


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


### 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 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 . 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 equal basis with other end - users whilst travelling in other member states in particular through the use of total conversation services and available relay services . these measures shall ensure interoperability across the 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 .


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


### a fundamental requirement of universal service is to ensure that all end - users have access at an affordable price to available functional internet access and voice communications services , at least at a fixed location . member states should also have the possibility to ensure affordability of services not provided at a fixed location but to citizens on the move , where they deem this necessary to ensure their full social and economic participation in society . there should be no limitations on the technical means by which the connection is provided , allowing for wired or wireless technologies , nor any limitations on the category of operators which provide part or all of universal service obligations . ### a fundamental requirement of universal service is to follow a universal design approach in order to ensure that all end - users , including end - users with disabilities , have equal access at an affordable price to available functional internet access and conversational communications services , at least at a fixed location . member states should also have the possibility to ensure affordability of services not provided at a fixed location but to citizens on the move , where they deem this necessary to ensure their full social and economic participation in society . there should be no limitations on the technical means by which the connection is provided , allowing for wired or wireless technologies , nor any limitations on the category of operators which provide part or all of universal service obligations . a fundamental requirement of universal service is to ensure that all consumers have access at an affordable price to available internet access and voice communications services , at least at a fixed location . member states should also have the possibility to ensure affordability to citizens on the move , where they deem this to be necessary to ensure full social and economic participation in society .


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


### when member states designate undertakings in part or all of the national territory as undertakings having the obligation to ensure the availability at a fixed location of functional internet access service as defined in accordance with article 79 and of voice communications service , they shall do so using an efficient , objective , transparent and non - discriminatory designation mechanism , whereby no undertaking is a priori excluded from being designated . such designation methods shall ensure that functional internet access and voice communications services at a fixed location are provided in a cost - effective manner and may be used as a means of determining the net cost of the universal service obligation in accordance with article 84 . ### when member states designate undertakings in part or all of the national territory as undertakings having the obligation to ensure the availability at a fixed location of internet access service as defined in accordance with article 79 and of two - way communications service , they shall do so using an efficient , objective , transparent and non - discriminatory designation mechanism , whereby no undertaking is a priori excluded from being designated .


### this regulation establishes strict access rules to the ecris - tcn system and the necessary safeguards , including the responsibility of the member states in collecting and using the data . it also sets out the individuals ' rights to compensation , access , correction , deletion and redress , in particular the right to an effective remedy and the supervision of processing operations by public independent authorities . it therefore respects the fundamental rights and freedoms and observes the principles recognised in particular by the charter of fundamental rights of the european union , including the right to protection of personal data , the principle of equality before the law and the general prohibition of discrimination . ### this regulation establishes strict access rules to the ecris - tcn system and the necessary safeguards , including the responsibility of the member states in collecting and using the data . it also sets out how individuals may exercise their rights to compensation , access , correction , deletion and redress , in particular the right to an effective remedy and the supervision of processing operations by public independent authorities . it therefore respects the fundamental rights and freedoms and observes the principles recognised in particular by the charter of fundamental rights of the european union , including the right to protection of personal data , the principle of equality before the law and the general prohibition of discrimination , taking also into account the european convention for the protection of human rights and fundamental freedoms , the international covenant on civil and political rights , and other human rights obligations under international law .


### 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 contact the authorities of the convicting member state within seven days and the convicting member state shall check the accuracy of the data and the lawfulness of the data processing within 14 days from the contact .


### surname ; first name ; date of birth ; place of birth ; nationality or nationalities ; gender ; parents ' names ; where applicable previous names , pseudonym and / or alias name ; the code of the convicting member state ; ### surname ; first name ; date of birth ; place of birth ; nationality or nationalities ; gender ; where applicable previous names , pseudonym and / or alias name ; the code of the convicting member state ;


### eu - lisa shall be considered as data processor in accordance with regulation no 45 / 2001 / eu as regards the personal data entered into the central system by the member states . ### eu - lisa shall be considered as data processor in accordance with regulation no 45 / 2001 / eu [ or its successor ] as regards the personal data entered into the central system by the member states .


### upon expiry of the retention period referred to in paragraph 1 , the central authority of the convicting member state shall erase the individual data record without delay from the central system , and in any event no later than one month after the expiry of that retention period . ### upon expiry of the retention period referred to in paragraph 1 , the central authority of the convicting member state shall erase the individual data record immediately from the central system .


### 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 .


### the data are collected lawfully and fully respect the human dignity of the third country national ; ### the data are collected lawfully and fully respect the human dignity and fundamental rights of the third country national ;


### the member states shall notify eu - lisa of their central authorities which have access to enter , amend , delete consult or search data . eu - lisa shall regularly publish a list of these central authorities . ### the member states shall notify eu - lisa of their central authorities which have access to enter , amend , delete consult or search data . eu - lisa shall regularly publish a list of these central authorities on its website .


### the supervisory authority shall ensure that an audit of the data processing operations in the national criminal records and fingerprints databases is carried out in accordance with relevant international auditing standards at least every four years from the start of operations of the ecris - tcn system . ### the supervisory authority shall ensure that an audit of the data processing operations in the national criminal records and fingerprints databases is carried out in accordance with relevant international auditing standards at least every three years from the start of operations of the ecris - tcn system .


### the competent authority has reasonable grounds to believe that the holder of the goods did not acquire them lawfully . ### the competent authority has reasonable grounds to affirm that the holder of the goods did not acquire them lawfully .


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


### in order not to impede trade with goods across the external border disproportionately , this regulation should only apply to goods meeting a certain age limit . for that purpose , it seems appropriate to set a 250 year minimum age threshold for all categories of cultural goods . that minimum age threshold will ensure that the measures provided for in this regulation focus on cultural goods most likely to be targeted by looters in conflict areas , without excluding other goods the control of which is necessary for ensuring protection of cultural heritage . ### in order not to impede trade with goods across the external border disproportionately , this regulation should only apply to goods meeting a certain age and value limit . for that purpose , it seems appropriate to set a 250 year minimum age threshold for all categories of cultural goods and a financial threshold for certain categories of cultural goods as stated in the annex . certain categories of cultural goods should not be subject to a financial threshold since they require a reinforced protection due to their higher risk of pillage , loss or destruction . the minimum age threshold will ensure that the measures provided for in this regulation focus on cultural goods most likely to be targeted by looters in conflict areas , without excluding other goods the control of which is necessary for ensuring protection of cultural heritage . the minimum financial threshold for certain categories of cultural goods is the value established for most of the categories contained in the annex of the regulation no 116 / 2009 on the export of cultural goods , which is in line with the objective of the proposal and will minimise the burden on the art market operators .


### in order not to impede trade with goods across the external border disproportionately , this regulation should only apply to goods meeting a certain age limit . for that purpose , it seems appropriate to set a 250 year minimum age threshold for all categories of cultural goods . that minimum age threshold will ensure that the measures provided for in this regulation focus on cultural goods most likely to be targeted by looters in conflict areas , without excluding other goods the control of which is necessary for ensuring protection of cultural heritage . ### in order not to impede trade with goods across the external border disproportionately , this regulation should only apply to goods meeting a certain age limit . for that purpose , it seems appropriate to set a 100 year minimum age threshold for all categories of cultural goods . that minimum age threshold will ensure that the measures provided for in this regulation focus on cultural goods most likely to be targeted by looters in conflict areas , without excluding other goods the control of which is necessary for ensuring protection of cultural heritage .


### the temporary admission , within the meaning of article 250 of regulation no 952 / 2013 , in the customs territory of the union of cultural goods for educational , scientific and academic research purposes ; ### the temporary admission , within the meaning of article 250 of regulation no 952 / 2013 , in the customs territory of the union of cultural goods for educational , scientific restoration , exhibition and academic research purposes ;


### in order not to impede trade with goods across the external border disproportionately , this regulation should only apply to goods meeting a certain age limit . for that purpose , it seems appropriate to set a 250 year minimum age threshold for all categories of cultural goods . that minimum age threshold will ensure that the measures provided for in this regulation focus on cultural goods most likely to be targeted by looters in conflict areas , without excluding other goods the control of which is necessary for ensuring protection of cultural heritage . ### in order not to impede trade in goods across the union’s external borders disproportionately , this regulation should only apply to goods meeting a certain age and value limit . for that purpose , it seems appropriate to set a 100 year minimum age threshold for the most vulnerable categories of cultural goods , in line with the provisions of the 1954 hague convention , the 1970 unesco convention and of the 1995 unidroit convention . that minimum age threshold will ensure that the measures provided for in this regulation focus on cultural goods most likely to be targeted by looters in conflict areas , without excluding other goods the control of which is necessary for ensuring protection of cultural heritage .


### an applicant ' s entitlement to material reception conditions under this directive may be curtailed in certain circumstances such as where an applicant has absconded to another member state from the member state where he or she is required to be present . however , member states should in all circumstances ensure access to health care and a dignified standard of living for applicants in line with the charter of fundamental rights of the european union and the united nations convention on the rights of the child , in particular by providing for the applicant ' s subsistence and basic needs both in terms of physical safety and dignity and in terms of interpersonal relationships , with due regard to the inherent vulnerabilities of the person as applicant for international protection and that of his or her family or caretaker . due regard must also be given to applicants with special reception needs . the specific needs of children , in particular with regard to respect for the child ' s right to education and access to healthcare have to be taken into account . when a minor is in a member state other than the one in which he or she is required to be present , member states should provide the minor with access to suitable educational activities pending the transfer to the member state responsible . the specific needs of women applicants who have experienced gender - based harm should be taken into account , including via ensuring access , at different stages of the asylum procedure , to medical care , legal support , and to appropriate trauma counselling and psycho - social care . ### member states should in all circumstances ensure access to health care . the specific needs of children , in particular with regard to respect for the child ' s right to education and access to healthcare have to be taken into account . the specific needs of applicants , in particular women , who have experienced sexual or gender - based violence should be taken into account , including via ensuring access , at different stages of the asylum procedure , to medical care , legal support , and to appropriate trauma counselling and psycho - social care . such applicants should be considered to be persons with special reception needs .


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


### member states may provide that free legal assistance and representation not be made available if the appeal or review is considered by a competent authority to have no tangible prospect of success . in such a case , member states shall ensure that legal assistance and representation is not arbitrarily restricted and that the applicant’s effective access to justice is not hindered . ### where a decision not to grant free legal assistance and representation is taken by an authority which is not a court or tribunal on the ground that the appeal is considered as having no tangible prospect of success , the applicant shall have the right to an effective remedy before a court or tribunal against that decision , and for that purpose he or she shall be entitled to request free legal assistance and representation .


### by [ three years after the entry into force of this directive ] at the latest , and at least every five years thereafter , the commission shall present a report to the european parliament and the council on the application of this directive and shall propose any amendments that are necessary . ### by [ one year after the entry into force of this directive ] at the latest , and at least every five years thereafter , the commission shall present a report to the european parliament and the council on the application of this directive and shall propose any amendments that are necessary .


### harmonised eu rules on the documents to be issued to applicants make it more difficult for applicants to move in an unauthorised manner within the union . it needs to be clarified that member states should only provide applicants with a travel document when serious humanitarian or other imperative reasons arise . the validity of travel documents should also be limited to the purpose and duration needed for the reason for which they are issued . serious humanitarian reasons could for instance be considered when an applicant needs to travel to another state for medical treatment or to visit relatives in particular cases , such as for visits to close relatives who are seriously ill , or to attend marriages or funerals of close relatives . other imperative reasons could include situations where applicants who have been granted access to the labour market are required to perform essential travel for work purposes , where applicants are required to travel as part of study curricula or where minors are travelling with foster families . ### harmonised union rules on the documents to be issued to applicants make it more difficult for applicants to move in an unauthorised manner within the union . it needs to be clarified that member states should provide applicants with a travel document when serious humanitarian or other reasons arise . the validity of travel documents should cover at least the purpose and duration needed for the reason for which they are issued . serious humanitarian reasons could for instance be considered when an applicant needs to travel to another state for medical treatment or to visit relatives in particular cases , such as for visits to close relatives who are seriously ill , or to attend marriages or funerals of close relatives . other reasons could include situations where applicants who have been granted access to the labour market are required to perform essential travel for work purposes , where applicants are required to travel as part of study curricula or where minors are travelling with foster families .


### the detention of applicants should be applied in accordance with the underlying principle that a person should not be held in detention for the sole reason that he or she is seeking international protection , particularly in accordance with the international legal obligations of the member states and with article 31 of the geneva convention . applicants may be detained only under the very clearly defined exceptional circumstances laid down in this directive and subject to the principle of necessity and proportionality with regard to both the manner and the purpose of such detention . detention of applicants pursuant to this directive should only be ordered in writing by judicial or administrative authorities stating the reasons on which it is based , including in the cases where the person is already detained when making the application for international protection . where an applicant is held in detention he or she should have effective access to the necessary procedural guarantees , such as judicial remedy before a national judicial authority . ### the detention of applicants should be applied in accordance with the underlying principle that a person should not be held in detention for the sole reason that he or she is seeking international protection , particularly in accordance with the international legal obligations of the member states and with article 31 of the geneva convention . applicants may be detained only under the very clearly defined exceptional circumstances laid down in this directive and subject to the principle of necessity and proportionality with regard to both the manner and the purpose of such detention . detention of applicants pursuant to this directive should only be ordered in writing by judicial authorities stating the reasons on which it is based , including in the cases where the person is already detained when making the application for international protection . any decision imposing detention should contain a reference to the consideration of the available alternatives and the reasons why they could not be applied effectively . where an applicant is held in detention he or she should have effective access to the necessary procedural guarantees , such as judicial remedy .


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


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


### harmonised eu rules on the documents to be issued to applicants make it more difficult for applicants to move in an unauthorised manner within the union . it needs to be clarified that member states should only provide applicants with a travel document when serious humanitarian or other imperative reasons arise . the validity of travel documents should also be limited to the purpose and duration needed for the reason for which they are issued . serious humanitarian reasons could for instance be considered when an applicant needs to travel to another state for medical treatment or to visit relatives in particular cases , such as for visits to close relatives who are seriously ill , or to attend marriages or funerals of close relatives . other imperative reasons could include situations where applicants who have been granted access to the labour market are required to perform essential travel for work purposes , where applicants are required to travel as part of study curricula or where minors are travelling with foster families . ### harmonised eu rules on the documents to be issued to applicants make it more difficult for applicants to move in an unauthorised manner within the union . the validity of travel documents should be limited to the purpose and duration needed for the reason for which they are issued . such a reason could for instance be that an applicant needs to travel to another state for medical treatment or to visit relatives in particular cases , such as for visits to close relatives who are seriously ill , or to attend marriages or funerals of close relatives . other reasons could include situations where applicants who have been granted access to the labour market are required to perform essential travel for work purposes , where applicants are required to travel as part of study curricula or where minors are travelling with foster families .


### with regard to applicants who are required to be present on their territory in accordance with regulation no xxx / xxx [ dublin regulation ] , member states may , in the situations described in paragraph 2 : ### with regard to applicants member states may , in the situations described in paragraph 2 , and on the basis of a decision of judicial authorities :


### for reasons of public interest or public order , for the swift processing and effective monitoring of his or her application for international protection , for the swift processing and effective monitoring of his or her procedure for determining the member state responsible in accordance with regulation no xxx / xxx [ dublin regulation ] or in order to effectively prevent the applicant from absconding , member states should , where necessary , assign the applicant residence in a specific place , such as an accommodation centre , a private house , flat , hotel or other premises adapted for housing applicants . such a decision may be necessary to effectively prevent the applicant from absconding in particular in cases where the applicant has not complied with the obligations to : make an application in the member state of first irregular or legal entry ; to remain in the member state where he or she is required to be present ; or in cases where the applicant has been sent back to the member state where he or she is required to be present after having absconded to another member state . in case the applicant is entitled to material reception conditions , such material reception conditions should also be provided subject to the applicant residing in this specific place . ### for duly justified and serious reasons of public interest or public order , member states may , where necessary , assign the applicant residence in a specific place , such as an open accommodation centre , a private house , flat , hotel or other premises adapted for housing applicants . in case the applicant is entitled to material reception conditions , such material reception conditions should also be provided to the applicant residing in this specific place .


### 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 may demand to be reimbursed wholly or partially for any costs granted if and when the applicant’s financial situation has improved considerably or if the decision to grant such costs was taken on the basis of false information supplied by the applicant . ### member states may request total or partial reimbursement of any costs incurred where the decision to provide free legal assistance and representation was taken on the basis of false information supplied by the applicant .


### member states shall inform applicants , as soon as possible and at the latest when they are lodging their application for international protection , of any established benefits and of the obligations with which they must comply relating to reception conditions . they shall point out in the information provided that the applicant is not entitled to the reception conditions set out in articles 14 to 17 of this directive as stated in article 17a of the same directive in any member state other than where he or she is required to be present in accordance with regulation no xxx / xxx [ dublin regulation ] . ### member states shall inform applicants , as soon as possible and at the latest when they are making their application for international protection pursuant to article 25 of regulation xxx / xxxx [ asylum procedures regulation ] , of any established benefits and of the obligations with which they must comply relating to reception conditions . they shall point out in the information provided the rights and entitlements of the applicant in relation to access to reception conditions , legal aid , special needs , redress and right of appeal against detention or decisions relating to the replacement , reduction or withdrawal of reception conditions and information on the relevant asylum procedures .


### by [ three years after the entry into force of this directive ] at the latest , and at least every five years thereafter , the commission shall present a report to the european parliament and the council on the application of this directive and shall propose any amendments that are necessary . ### by [ one year after the entry into force of this directive ] at the latest , and at least every three years thereafter , the commission shall present a report to the european parliament and the council on the application of this directive and shall propose any amendments that are necessary .


### member states shall at the request of the commission send the necessary information for drawing up the report by [ two years after the entry into force of this directive ] and every five years thereafter . ### member states shall at the request of the commission send the necessary information for drawing up the report by [ six months after the entry into force of this directive ] and every three years thereafter .


### reception conditions continue to vary considerably between member states both in terms of how the reception system is organised and in terms of the standards provided to applicants . the persistent problems in ensuring adherence to the reception standards required for a dignified treatment of applicants in some member states has contributed to a disproportionate burden falling on a few member states with generally high reception standards which are then under pressure to reduce their standards . more equal reception standards set at an appropriate level across all member states will contribute to a more dignified treatment and fairer distribution of applicants across the eu . ### reception conditions continue to vary considerably between member states both in terms of how the reception system is organised and in terms of the standards provided to applicants . the persistent problems in ensuring adherence to the reception standards required for a dignified treatment of applicants in some member states has contributed to a disproportionate burden falling on a few member states with generally high reception standards which are then under pressure to ensure that their high reception standards are maintained . equal and high reception standards across all member states will contribute to a more dignified treatment and fairer distribution of applicants across the union .


### when assessing the resources of an applicant , when requiring an applicant to cover or contribute to the cost of the material reception conditions or when asking an applicant for a refund in accordance with paragraph 4 , member states shall observe the principle of proportionality . member states shall also take into account the individual circumstances of the applicant and the need to respect his or her dignity or personal integrity , including the applicant ' s special reception needs . member states shall in all circumstances ensure that the applicant is provided with a standard of living which guarantees his or her subsistence and protects his or her physical and mental health . ### when asking an applicant for a refund in accordance with paragraph 4 , member states shall observe the principle of proportionality and take into account the individual circumstances of the applicant and the need to respect his or her dignity or personal integrity , including the applicant ' s special reception needs . member states shall in all circumstances ensure that the applicant is provided with a standard of living which guarantees his or her subsistence and protects his or her physical and mental health .


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


### such different conditions shall in any circumstances ensure access to health care in accordance with article 18 and a dignified standard of living for all applicants . ### such different conditions shall in any circumstances ensure access to health care in accordance with article 18 and an adequate standard of living for all applicants .


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


### for reasons of public interest or public order , for the swift processing and effective monitoring of his or her application for international protection , for the swift processing and effective monitoring of his or her procedure for determining the member state responsible in accordance with regulation no xxx / xxx [ dublin regulation ] or in order to effectively prevent the applicant from absconding , member states should , where necessary , assign the applicant residence in a specific place , such as an accommodation centre , a private house , flat , hotel or other premises adapted for housing applicants . such a decision may be necessary to effectively prevent the applicant from absconding in particular in cases where the applicant has not complied with the obligations to : make an application in the member state of first irregular or legal entry ; to remain in the member state where he or she is required to be present ; or in cases where the applicant has been sent back to the member state where he or she is required to be present after having absconded to another member state . in case the applicant is entitled to material reception conditions , such material reception conditions should also be provided subject to the applicant residing in this specific place . ### for duly justified serious reasons of public interest or public order , member states should be able to assign the applicant residence in a specific place , where necessary , such as an open accommodation centre , a private house , flat , hotel or other premises adapted for housing applicants . in case the applicant is entitled to material reception conditions , such material reception conditions should also be provided to the applicant residing in this specific place .


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


### due to the possibly temporary nature of the stay of applicants and without prejudice to regulation no 1231 / 2010 of the european parliament and of the council , member states should be able to exclude family benefits and unemployment benefits from equal treatment between applicants and their own nationals and should be able to limit the application of equal treatment in relation to education and vocational training . the right to freedom of association and affiliation may also be limited by excluding applicants from taking part in the management of certain bodies and from holding a public office . ### the right to freedom of association and affiliation may be limited by excluding applicants from taking part in the management of certain bodies and from holding a public office .


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


### ‘ risk of absconding’ : means the existence of reasons in an individual case , which are based on objective criteria defined by national law , to believe that an applicant may abscond ; ### ‘ risk of absconding’ : means the proven existence of reasons in an individual case , which are based on specific and objective criteria strictly defined by national law , in line with guidelines set up by the european union agency for fundamental rights , to believe that an applicant may abscond ;


### safety and security considerations , in particular where there is a risk of the minor being a victim of human trafficking ; ### safety and security considerations , in particular where there is a risk of the minor being a victim of violence and exploitation , including human trafficking ;


### in order to promote the self - sufficiency of applicants and to limit wide discrepancies between member states , it is essential to provide clear rules on the applicants’ access to the labour market and to ensure that such access is effective , by not imposing conditions that effectively hinder an applicant from seeking employment . labour market tests used to give priority to nationals or to other union citizens or to third - country nationals legally resident in the member state concerned should not hinder effective access for applicants to the labour market and should be implemented without prejudice to the principle of preference for union citizens as expressed in the relevant provisions of the applicable acts of accession . ### in order to promote the self - sufficiency of applicants and to limit wide discrepancies between member states , it is essential to provide clear rules on the applicants’ access to the labour market and to ensure that such access is effective , by not imposing conditions , including sector restrictions , working time restrictions or unreasonable administrative formalities , that effectively hinder an applicant from seeking employment .


### member states shall grant to minor children of applicants and to applicants who are minors access to the education system under similar conditions as their own nationals for so long as an expulsion measure against them or their parents is not actually enforced . such education may be provided in accommodation centres . ### member states shall grant to minor children of applicants and to applicants who are minors access to the education system under the same conditions as their own nationals for the entire duration of their presence in the territory of the member state . such education may be provided in accommodation centres , as a temporary measure until access to national education systems is ensured .


### an applicant ' s entitlement to material reception conditions under this directive may be curtailed in certain circumstances such as where an applicant has absconded to another member state from the member state where he or she is required to be present . however , member states should in all circumstances ensure access to health care and a dignified standard of living for applicants in line with the charter of fundamental rights of the european union and the united nations convention on the rights of the child , in particular by providing for the applicant ' s subsistence and basic needs both in terms of physical safety and dignity and in terms of interpersonal relationships , with due regard to the inherent vulnerabilities of the person as applicant for international protection and that of his or her family or caretaker . due regard must also be given to applicants with special reception needs . the specific needs of children , in particular with regard to respect for the child ' s right to education and access to healthcare have to be taken into account . when a minor is in a member state other than the one in which he or she is required to be present , member states should provide the minor with access to suitable educational activities pending the transfer to the member state responsible . the specific needs of women applicants who have experienced gender - based harm should be taken into account , including via ensuring access , at different stages of the asylum procedure , to medical care , legal support , and to appropriate trauma counselling and psycho - social care . ### member states should in all circumstances ensure access to health care and an adequate standard of living for applicants in line with the charter of fundamental rights of the european union and the united nations convention on the rights of the child , in particular by providing for the applicant ' s subsistence and basic needs both in terms of physical safety and dignity and in terms of interpersonal relationships , with due regard to the inherent vulnerabilities of the person as applicant for international protection and that of his or her family or caretaker . due regard must also be given to applicants with special reception needs . the specific needs of children , in particular with regard to respect for the child ' s right to education and access to healthcare have to be taken into account . the specific needs of women applicants who have experienced sexual or gender - based violence should be taken into account , including via ensuring access , at different stages of the asylum procedure , to medical care , legal support , and to appropriate trauma counselling and psycho - social care .


### all decisions restricting an applicant ' s freedom of movement need to be based on the individual behaviour and particular situation of the person concerned , taking into account any special reception needs of applicants and the principle of proportionality . applicants must be duly informed of such decisions and of the consequences of non - compliance . ### all decisions restricting an applicant ' s freedom of movement need to be adopted only as a measure of last resort and need to be based on the decision of a judicial authority , following an individual assessment of the particular situation of the person concerned , taking into account any special reception needs of applicants and the principles of necessity and proportionality . applicants must be duly informed of such decisions , of the consequences of non - compliance and of their right to appeal against these decisions .


### in view of the serious consequences for applicants who have absconded or who are considered to be at risk of absconding , the meaning of absconding should be defined in view of encompassing both a deliberate action to avoid the applicable asylum procedures and the factual circumstance of not remaining available to the relevant authorities , including by leaving the territory where the applicant is required to be present . ### in view of the serious consequences for applicants who have absconded or who are considered to be at risk of absconding , the meaning of absconding should be strictly defined , in line with guidelines set up by the european union agency for fundamental rights , and based on an assessment of the individual circumstances of the person involved carried out by a judicial authority , as encompassing both a deliberate action to avoid the applicable asylum procedures and the factual circumstance of not remaining available to the relevant authorities . irregular entry , lack of an address or documents proving the identity of an applicant should never constitute valid criteria to determine the risk of absconding .


### the maximum time frame for access to the labour market should be aligned with the duration of the examination procedure on the merits . in order to increase integration prospects and self - sufficiency of applicants , earlier access to the labour market is encouraged where the application is likely to be well - founded , including when its examination has been prioritised in accordance with regulation no xxx / xxx [ procedures regulation ] . member states should therefore consider reducing that time period as much as possible with a view to ensuring that applicants have access to the labour market no later than 3 months from the date when the application was lodged in cases where the application is likely to be well - founded . member states should however not grant access to the labour market to applicants whose application for international protection is likely to be unfounded and for which an accelerated examination procedure is applied . ### in order to increase integration prospects and self - sufficiency of applicants , immediate access to the labour market should be provided .


### when resorting to those exceptional measures , the member state concerned shall inform the commission and the european union agency for asylum . it shall also inform the commission and the european union agency for asylum as soon as the reasons for applying these exceptional measures have ceased to exist . ### when resorting to those exceptional measures , the member state concerned shall issue a reasoned justification and inform the commission and the european union agency for asylum . it shall also inform the commission and the european union agency for asylum as soon as the reasons for applying these exceptional measures have ceased to exist .


### the maximum time frame for access to the labour market should be aligned with the duration of the examination procedure on the merits . in order to increase integration prospects and self - sufficiency of applicants , earlier access to the labour market is encouraged where the application is likely to be well - founded , including when its examination has been prioritised in accordance with regulation no xxx / xxx [ procedures regulation ] . member states should therefore consider reducing that time period as much as possible with a view to ensuring that applicants have access to the labour market no later than 3 months from the date when the application was lodged in cases where the application is likely to be well - founded . member states should however not grant access to the labour market to applicants whose application for international protection is likely to be unfounded and for which an accelerated examination procedure is applied . ### in order to increase integration prospects and self - sufficiency of applicants , immediate access to the labour market should be provided to the applicant .


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


### applicants are required to be present in the member state where they made an application or in the member state to which they are transferred in accordance with regulation no xxx / xxx [ dublin regulation ] . in case an applicant has absconded from this member state and , without authorisation , travelled to another member state , it is vital , for the purpose of ensuring a well - functioning common european asylum system that the applicant is swiftly returned to the member state where he or she is required to be present . until such a transfer has taken place , there is a risk that the applicant may abscond and his or her whereabouts should therefore be closely monitored . ### applicants are required to remain available to the relevant authorities of the member state where they made an application or in the member state to which they are transferred in accordance with regulation no xxx / xxx [ dublin regulation ] . where an applicant has absconded and has travelled to another member state without authorisation , it is vital , for the purpose of ensuring a well - functioning common european asylum system that the applicant is swiftly returned to the member state where he or she is required to be present . until such a transfer has taken place , there is a risk that the applicant may abscond and his or her whereabouts should therefore be closely monitored .


### member states may provide that free legal assistance and representation not be made available if the appeal or review is considered by a competent authority to have no tangible prospect of success . in such a case , member states shall ensure that legal assistance and representation is not arbitrarily restricted and that the applicant’s effective access to justice is not hindered . ### where a decision not to grant free legal assistance and representation is taken by an authority which is not a court or tribunal on the ground that the appeal is considered as having no tangible prospect of success , the applicant shall have the right to an effective remedy before a court or tribunal against that decision , and for that purpose he or she shall be entitled to request free legal assistance and representation .


### an applicant ' s entitlement to material reception conditions under this directive may be curtailed in certain circumstances such as where an applicant has absconded to another member state from the member state where he or she is required to be present . however , member states should in all circumstances ensure access to health care and a dignified standard of living for applicants in line with the charter of fundamental rights of the european union and the united nations convention on the rights of the child , in particular by providing for the applicant ' s subsistence and basic needs both in terms of physical safety and dignity and in terms of interpersonal relationships , with due regard to the inherent vulnerabilities of the person as applicant for international protection and that of his or her family or caretaker . due regard must also be given to applicants with special reception needs . the specific needs of children , in particular with regard to respect for the child ' s right to education and access to healthcare have to be taken into account . when a minor is in a member state other than the one in which he or she is required to be present , member states should provide the minor with access to suitable educational activities pending the transfer to the member state responsible . the specific needs of women applicants who have experienced gender - based harm should be taken into account , including via ensuring access , at different stages of the asylum procedure , to medical care , legal support , and to appropriate trauma counselling and psycho - social care . ### member states should in all circumstances ensure access to health care . the specific needs of children , in particular with regard to respect for the child ' s right to education and access to healthcare have to be taken into account . the specific needs of applicants , in particular women , who have experienced sexual or gender - based violence should be taken into account , including via ensuring access , at different stages of the asylum procedure , to medical care , legal support , and to appropriate trauma counselling and psycho - social care . such applicants should be considered to be persons with special reception needs .


### member states may also provide that free legal assistance and representation are granted : ### the provision of free legal assistance and representation in the appeal procedure may be excluded only where :


### where an applicant has been assigned a specific place of residence but has not complied with this obligation , there needs to be a demonstrated risk that the applicant may abscond in order for the applicant to be detained . in all circumstances , special care must be taken to ensure that the length of the detention is proportionate and that it ends as soon as the obligation put on the applicant has been fulfilled or there are no longer reasons for believing that he or she will not fulfil this obligation . the applicant must also have been made aware of the obligation in question and of the consequences of non - compliance . ### where an applicant has been assigned a specific place of residence but has not complied with this obligation , there needs to be a demonstrated , individually justified , imminent and serious risk that the applicant may abscond in order for the applicant to be detained . in all circumstances , special care must be taken to ensure that the length of the detention is proportionate and that it ends as soon as the obligation put on the applicant has been fulfilled or there are no longer reasons for believing that he or she will not fulfil this obligation . the applicant must also have been made aware of the obligation in question and of the consequences of non - compliance .


### 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 by the european union agency for fundamental rights and in a language that the applicant understands or is reasonably supposed to understand . this information shall also be supplied orally and adapted to the needs of children or persons with special reception needs .


### in order to promote the self - sufficiency of applicants and to limit wide discrepancies between member states , it is essential to provide clear rules on the applicants’ access to the labour market and to ensure that such access is effective , by not imposing conditions that effectively hinder an applicant from seeking employment . labour market tests used to give priority to nationals or to other union citizens or to third - country nationals legally resident in the member state concerned should not hinder effective access for applicants to the labour market and should be implemented without prejudice to the principle of preference for union citizens as expressed in the relevant provisions of the applicable acts of accession . ### in order to promote the self - sufficiency of applicants and to limit wide discrepancies between member states , it is essential to provide clear rules on the applicants’ access to the labour market and to ensure that such access is effective , by not imposing conditions that effectively hinder an applicant from seeking employment .


### where there are reasons for considering that there is a risk that an applicant may abscond , member states should require applicants to report to the competent authorities as frequently as necessary in order to monitor that the applicant does not abscond . to deter applicants from further absconding , member states should also be able to grant material reception conditions , where the applicant is entitled to such material reception conditions , only in kind . ### where there are specific and objective reasons for considering that there is a serious and imminent risk that an applicant may abscond , member states may , where necessary , proportionate and duly justified after an individualised assessment carried out by a judicial authority , and after consulting the applicant concerned , require applicants to report to the competent authorities at a reasonable frequency and time . member states should also be able to grant material reception conditions , where the applicant is entitled to such material reception conditions , only in kind , where , following an individual assessment and a decision by a judicial authority , there are duly justified reasons for considering that there is a risk that an applicant may abscond . applicants should have a right of appeal against decisions imposing reporting duties or providing material reception conditions only in kind and should be duly informed of this right .


### those working with minors , including with unaccompanied minors , shall not have a verified record of child - related crimes or offenses and shall receive continuous and appropriate training concerning the rights and needs of unaccompanied minors , including concerning any applicable child safeguarding standards , and shall be bound by the confidentiality rules provided for in national law , in relation to any information they obtain in the course of their work . ### those working with minors , including with unaccompanied minors , shall not have a verified criminal record nor a record of child - related crimes or offenses and shall receive continuous and appropriate training concerning the rights and needs of accompanied , separated and unaccompanied minors , including concerning any applicable child safeguarding standards , and shall be bound by the confidentiality rules provided for in national law , in relation to any information they obtain in the course of their work .


### reception conditions continue to vary considerably between member states both in terms of how the reception system is organised and in terms of the standards provided to applicants . the persistent problems in ensuring adherence to the reception standards required for a dignified treatment of applicants in some member states has contributed to a disproportionate burden falling on a few member states with generally high reception standards which are then under pressure to reduce their standards . more equal reception standards set at an appropriate level across all member states will contribute to a more dignified treatment and fairer distribution of applicants across the eu . ### reception conditions continue to vary considerably between member states both in terms of how the reception system is organised and in terms of the standards provided to applicants . the persistent problems in ensuring adherence to the reception standards required for a dignified treatment of applicants in some member states has contributed to a disproportionate burden falling on a few member states with generally high reception standards which are then under pressure to ensure that their high reception standards are maintained . equal and high reception standards across all member states will contribute to a more dignified treatment and fairer distribution of applicants across the union .


### only to those who lack sufficient resources ; and / or ### the applicant has sufficient resources ;