### where an applicant makes a subsequent application without presenting new evidence or findings which significantly increase his or her likelihood of qualifying as a beneficiary of international protection or which relate to the reasons for which the previous application was rejected as inadmissible , that subsequent application should not be subject to a new full examination procedure . in those cases , following a preliminary examination , applications should be dismissed as inadmissible or as manifestly unfounded where the application is so clearly without substance or abusive that it has no tangible prospect of success , in accordance with the res judicata principle . the preliminary examination shall be carried out on the basis of written submissions and a personal interview however the personal interview may be dispensed with in those instances where , from the written submissions , it is clear that the application does not give rise to relevant new elements or findings or that it is clearly without substance and has no tangible prospect of success . in case of subsequent applications , exceptions may be made to the individual ' s right to remain on the territory of a member state after a subsequent application is rejected as inadmissible or unfounded , or in the case of a second or further subsequent applications , as soon as an application is made in any member states following a final decision which had rejected a previous subsequent application as inadmissible , unfounded or manifestly unfounded . ### where an applicant makes a second or further subsequent application without presenting new evidence or findings which significantly increase his or her likelihood of qualifying as a beneficiary of international protection or which relate to the reasons for which the previous application was rejected as inadmissible , that subsequent application should not be subject to a new full examination procedure . in those cases , following a preliminary examination , applications should be dismissed as inadmissible or as manifestly unfounded where the application is so clearly without substance or abusive that it has no tangible prospect of success , in accordance with the res judicata principle . the preliminary examination shall be carried out on the basis of written submissions and a personal interview however the personal interview may be dispensed with in those instances where , from the written submissions , it is clear that the application does not give rise to relevant new elements or findings or that it is clearly without substance and has no tangible prospect of success . in case of a second or further subsequent applications , exceptions may be made to the individual ' s right to remain on the territory of a member state after a subsequent application is rejected as inadmissible .


### before his or her application can be rejected as inadmissible pursuant to article 36 , an applicant shall be allowed to challenge the application of the concept of safe third country in light of his or her particular circumstances when lodging the application and during the admissibility interview . ### before his or her application can be rejected as part of a determination on its merits pursuant to section ii of this regulation , an applicant shall be allowed to challenge the application of the concept of safe third country in light of his or her particular circumstances at any stage of the procedure .


### before his or her application can be rejected as inadmissible pursuant to article 36 , the applicant shall be allowed to challenge the application of the first country of asylum concept in light of his or her particular circumstances when lodging the application and during the admissibility interview . ### before his or her application can be rejected as part of a determination on its merits pursuant to section ii of this regulation , the applicant shall be allowed to challenge the application of the first country of asylum concept in light of his or her particular circumstances at any stage of the procedure .


### as regards unaccompanied minors , the concept of first country of asylum may only be applied where the authorities of member states have first received from the authorities of the third country in question the assurance that the unaccompanied minor will be taken in charge by those authorities and that he or she shall immediately benefit from one of the forms of protection referred to in paragraph 1 . ### the concept of first country of asylum may not be applied to unaccompanied minors .


### where a decision not to grant free legal assistance and representation is taken by an authority which is not a court or tribunal on 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 . ### where a decision not to grant free legal assistance and representation is taken by an authority which is not a court or tribunal , 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 .


### the determining authority shall consider a third country to be a safe third country for a particular applicant , after an individual examination of the application , only where it is satisfied of the safety of the third country for a particular applicant in accordance with the criteria established in paragraph 1 and it has established that : ### the determining authority may consider a third country to be a safe third country for a particular applicant , after an individual examination of the application , only where it is satisfied of the safety of the third country for a particular applicant in accordance with the criteria established in paragraph 1 and it has established that :


### the concept of first country of asylum should be applied as a ground for inadmissibility where it can reasonably be assumed that another country would grant protection in accordance with the substantive standards of the geneva convention or the applicant would be provided sufficient protection in that country . in particular , the member states should not examine the merits of an application where a first country of asylum has granted the applicant refugee status or otherwise sufficient protection . member states should proceed on that basis only where they are satisfied including , where necessary or appropriate , based on assurances obtained from the third country concerned , that the applicant has enjoyed and will continue to enjoy protection in that country in accordance with the geneva convention or has otherwise enjoyed and will continue to enjoy sufficient protection , particularly as regards the right of legal residence , appropriate access to the labour market , reception facilities , healthcare and education , and the right to family reunification in accordance with international human rights standards . ### member states may apply the concept of first country of asylum during the examination of an application only where it can reasonably be assumed that another country would grant protection in accordance with the geneva convention and the applicant would be provided effective protection in that country . member states should proceed on that basis only where they are satisfied including , where necessary or appropriate , based on assurances obtained from the third country concerned , and on reports by independent organisations , that the applicant has enjoyed and will continue to enjoy protection in that country in accordance with the geneva convention particularly as regards the principle of non - refoulement , the right to liberty and due process , the right of legal residence , appropriate access to the labour market , reception facilities , healthcare and education , means of subsistence sufficient to maintain an adequate standard of living , privacy and the right to family reunification in accordance with international human rights standards .


### the determining authority shall provide a minor the opportunity of a personal interview , including where an application is made on his or her own behalf in accordance with article 31 and article 32 , unless this is manifestly not in the best interests of the child . in that case , the determining authority shall give reasons for the decision not to provide a minor with the opportunity of a personal interview . ### the determining authority shall ensure minors ' right to be heard and provide a minor the opportunity of a personal interview , including where an application is made on his or her own behalf in accordance with article 31 and article 32 , unless this is not in the best interests of the child . in that case , the determining authority shall give reasons for the decision not to provide a minor with the opportunity of a personal interview .


### where an applicant refuses to cooperate by not providing the details necessary for the examination of the application and by not providing his or her fingerprints and facial image , and the responsible authorities have properly informed that person of his or her obligations and has ensured that that person has had an effective opportunity to comply with those obligations , his or her application shall be rejected as abandoned in accordance with the procedure referred to in article 39 . ### where an applicant refuses to cooperate by not providing the details referred to in the points and of the first paragraph of article 27 , and by not providing his or her fingerprints and facial image , and the responsible authorities have properly informed that person of his or her obligations and the consequences deriving from those obligations and has ensured that that person has had an effective opportunity to comply with those obligations , his or her application may be rejected as abandoned in accordance with the procedure referred to in article 39 . any use of force in collecting fingerprints or facial images shall be prohibited and penalised .


### many applications for international protection are made at the border or in a transit zone of a member state prior to a decision on the entry of the applicant . member states should be able to provide for an examination on admissibility or an examination on the merits which would make it possible for such applications to be decided upon at those locations in well - defined circumstances . the border procedure should not take longer than four weeks and after that period applicants should be allowed entry to the territory of the member state . it is only where a disproportionate number of applicants lodge their applications at the borders or in a transit zone , that the border procedure may be applied at locations in proximity to the border or transit zone . a border procedure may be applied to unaccompanied minors only within the limited circumstances set out in this regulation . ### many applications for international protection are made at the border or in a transit zone of a member state prior to a decision on the entry of the applicant . member states should be able to provide for an examination on admissibility or an examination on the merits which would make it possible for such applications to be decided upon at those locations in well - defined circumstances . the border procedure should not take longer than two weeks and after that period applicants should be allowed entry to the territory of the member state . a border procedure may not be applied to unaccompanied minors .


### medical examinations may be used to determine the age of unaccompanied minors within the framework of the examination of an application where , following statements by the applicant or other relevant indications including a psychosocial assessment , there are doubts as to whether or not the applicant is under the age of 18 . where the result of the medical examination is not conclusive , or includes an age - range below 18 years , member states shall assume that the applicant is a minor . ### where there are doubts as to whether or not an unaccompanied minor is under the age of 18 , following statements by the applicant , available documentary evidence or other relevant indications , member states may order a psychosocial assessment by qualified professionals to determine the age of the applicant in the framework of the examination of an application . the age assessment shall not be solely based on the applicant ' s physical appearance or demeanour .


### the determining authority shall reject an application as abandoned where : ### the determining authority may discontinue a decision on the merits of an application where :


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


### the determining authority shall declare an unfounded application to be manifestly unfounded in the cases referred to in article 40 , , , and . ### the determining authority may declare an unfounded application to be manifestly unfounded in the cases referred to in article 40 .


### the determining authority shall systematically assess whether an individual applicant is in need of special procedural guarantees . that assessment may be integrated into existing national procedures or into the assessment referred to in article 21 of directive xxx / xxx / eu and need not take the form of an administrative procedure . ### the determining authority shall systematically and as early as possible after the application has been made assess whether an individual applicant is in need of special procedural guarantees . that assessment may be integrated into existing national procedures or into the assessment referred to in article 21 of directive xxx / xxx / eu and need not take the form of an administrative procedure .


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


### it is in the interests of both member states and applicants to ensure a correct recognition of international protection needs already at the stage of the administrative procedure by providing good quality information and legal support which leads to more efficient and better quality decision - making . for that purpose , access to legal assistance and representation should be an integral part of the common procedure for international protection . in order to ensure the effective protection of the applicant ' s rights , particularly the right of defence and the principle of fairness , and to ensure the economy of the procedure , applicants should , upon their request and subject to conditions set out in this regulation , be provided with free legal assistance and representation during the administrative procedure and in the appeal procedure . the free legal assistance and representation should be provided by persons competent to provide them under national law . ### it is in the interests of both member states and applicants to ensure a correct recognition of international protection needs already at the stage of the administrative procedure by providing good quality information and legal support which leads to more efficient and better quality decision - making . for that purpose , access to legal assistance and representation should be an integral part of the common procedure for international protection at all stages of the procedure . in order to ensure the effective protection of the applicant ' s rights , particularly the right of defence and the principle of fairness , and to ensure the economy of the procedure , applicants should , subject to conditions set out in this regulation , be provided with free legal assistance and representation during the administrative procedure , including during personal interviews , and in the appeal procedure . applicants should have the right to an effective remedy before a court or tribunal against a decision not to grant free legal assistance and 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 . the free legal assistance and representation should be provided by persons competent to provide them under national law .


### this regulation should provide for the possibility that applicants lodge an application on behalf of their spouse , partner in a stable and durable relationship , dependant adults and minors . this option allows for the joint examination of those applications . the right of each individual to seek international protection is guaranteed by the fact that if the applicant does not apply on behalf of the spouse , partner , dependant adult or minor within the set time - limit for lodging an application , the spouse or partner may still do in his or her own name , and the dependant adult or minor should be assisted by the determining authority . however , if a separate application is not justified , it should be considered as inadmissible . ### this regulation should provide for the possibility that applicants lodge an application on behalf of their spouse , partner in a stable and durable relationship , dependant adults and minors . this option allows for the joint examination of those applications . the right of each individual to seek international protection is guaranteed by the fact that if the applicant does not apply on behalf of the spouse , partner , dependant adult or minor within the set time - limit for lodging an application , the spouse or partner may still do in his or her own name , and the dependant adult or minor should be assisted by the determining authority .


### as regards unaccompanied minors , the concept of safe third country may only be applied where the authorities of the member states have first received from the authorities of the third country in question confirmation that the unaccompanied minor shall be taken in charge by those authorities and that he or she shall immediately have access to one of the forms of protection referred to in paragraph 1 . ### the concept of safe third country shall not be applied in respect of unaccompanied minors .


### where an application is rejected as inadmissible , as unfounded with regard to refugee status or subsidiary protection status , as explicitly withdrawn or as abandoned , the reasons in fact and in law shall be stated in the decision . information on how to challenge a decision refusing to grant international protection shall be given in writing , unless otherwise already provided to the applicant . ### where an application is rejected as inadmissible , as unfounded with regard to refugee status or subsidiary protection status , as explicitly withdrawn or as abandoned , the reasons in fact and in law shall be stated in the decision . information on how to challenge a decision refusing to grant international protection , and the relevant deadlines , shall be given in writing .


### the authorities of the member state where an application for international protection is made shall , upon registration , provide the applicant with a document certifying , in particular , that an application has been made and stating that the applicant may remain on the territory of that member state for the purposes of lodging his or her application as provided for in this regulation . ### the authorities of the member state where an application for international protection is made shall , at the latest upon registration , provide the applicant with a document in his or her own name :


### there is a connection between the applicant and the third country in question on the basis of which it would be reasonable for that person to go to that country , including because the applicant has transited through that third country which is geographically close to the country of origin of the applicant ; ### there is a connection between the applicant and the third country in question on the basis of which it would be reasonable for that person to go to that country ;


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


### a third country shall be considered to be a first country of asylum for a particular applicant provided that : ### a third country may be considered to be a first country of asylum for a particular applicant provided that :


### the commission may specify the details and specific measures for assessing and addressing the special procedural needs of applicants , including of unaccompanied minors , by means of implementing acts . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 58 . ### the commission is empowered to adopt delegated acts in accordance with article 59 specifying the details and specific measures for assessing and addressing the special procedural needs of applicants , including of unaccompanied minors .


### the document referred to in paragraph 2 shall be valid for a period of six months which shall be renewed accordingly to ensure that the validity of that document covers the period during which the applicant has a right to remain on the territory of the member state responsible . ### the document referred to in paragraph 1 shall be valid for a period of at least six months which shall be renewed accordingly to ensure that the validity of that document covers the period during which the applicant has a right to remain on the territory of the member state responsible .


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


### applicants who are identified as being in need of special procedural guarantees should be provided with adequate support , including sufficient time , in order to create the conditions necessary for their effective access to procedures and for presenting the elements needed to substantiate their application for international protection . where it is not possible to provide adequate support in the framework of an accelerated examination procedure or a border procedure , an applicant in need of special procedural guarantees should be exempted from those procedures . the need for special procedural guarantees of a nature that could prevent the application of accelerated or border procedures should also mean that the applicant is provided with additional guarantees in cases where his or her appeal does not have automatic suspensive effect , with a view to making the remedy effective in his or her particular circumstances . ### applicants who are identified as being in need of special procedural guarantees should be provided with adequate support , including sufficient time , in order to create the conditions necessary for their effective access to procedures and for presenting the elements needed to substantiate their application for international protection . applicants in need of special procedural guarantees should be exempted from accelerated and border procedures .


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


### the determining authority shall inform applicants , in a language which they understand or are reasonably meant to understand , of the following : ### the determining authority shall inform applicants , in a language which they understand in a concise , transparent , intelligible and easily accessible form , using clear and plain language , of the following :


### where that adequate support cannot be provided within the framework of the accelerated examination procedure referred to in article 40 or the border procedure referred to in article 41 , in particular where the determining authority considers that the applicant is in need of special procedural guarantees as a result of torture , rape or other serious forms of psychological , physical , sexual violence or gender - based violence , the determining authority shall not apply , or shall cease to apply those procedures to the applicant . ### where an applicant has been identified as applicant in need of special procedural guarantees , as a result of torture , rape or other serious forms of psychological , physical , sexual violence or gender - based violence , the determining authority shall not apply or shall cease to apply the accelerated examination procedure referred to in article 40 or the border procedure referred to in article 41 to the applicant .


### where it is necessary for the examination of an application , the applicant may be required by the responsible authorities to be searched or have his or her items searched . without prejudice to any search carried out for security reasons , a search of the applicant ' s person under this regulation shall be carried out by a person of the same sex with full respect for the principles of human dignity and of physical and psychological integrity . ### the applicant may be required by the responsible authorities to be searched or have his or her items searched only for security reasons . a search of the applicant ' s person under this regulation shall be carried out by a person of the same sex with full respect for the principles of human dignity and of physical and psychological integrity .


### personal interviews shall be conducted by the personnel of the determining authority , which may be assisted by the personnel of authorities of other member states referred to in article 5 or experts deployed by the european union agency for asylum referred to in article 5 . ### personal interviews shall be conducted by the personnel of the determining authority , which may be assisted by experts deployed by the european union agency for asylum referred to in article 5 in case of a disproportionate number of applications after request by the national authority .


### the applicant may only bring forward new elements which are relevant for the examination of his or her application and which he or she could not have been aware of at an earlier stage or which relate to changes to his or her situation . ### the applicant may bring forward new elements which are relevant for the examination of his or her application .


### medical examinations may be used to determine the age of unaccompanied minors within the framework of the examination of an application where , following statements by the applicant or other relevant indications including a psychosocial assessment , there are doubts as to whether or not the applicant is under the age of 18 . where the result of the medical examination is not conclusive , or includes an age - range below 18 years , member states shall assume that the applicant is a minor . ### where there are doubts as to whether or not an unaccompanied minor is under the age of 18 , following statements by the applicant , available documentary evidence or other relevant indications , member states may order a psychosocial assessment by qualified professionals to determine the age of applicant within the framework of the examination of an application . the age assessment shall not be based solely on the applicant ' s physical appearance or demeanour .


### this regulation should apply to all applications for international protection made in the territory of the member states , including those made at the external border , on the territorial sea or in the transit zones of member states , and the withdrawal of international protection . persons seeking international protection who are present on the territorial sea of a member state should be disembarked on land and have their applications examined in accordance with this regulation . ### this regulation should apply to all applications for international protection made in the territory of the member states , including those made at the external border , on the territorial sea or in the transit zones of member states , and the withdrawal of international protection . in accordance with the principle of non - refoulement , persons seeking international protection who are present on the territorial sea of a member state should be disembarked on land and have their applications examined in accordance with this regulation .


### medical examinations may be used to determine the age of unaccompanied minors within the framework of the examination of an application where , following statements by the applicant or other relevant indications including a psychosocial assessment , there are doubts as to whether or not the applicant is under the age of 18 . where the result of the medical examination is not conclusive , or includes an age - range below 18 years , member states shall assume that the applicant is a minor . ### where there are doubts as to whether or not an unaccompanied minor is under the age of 18 , following statements by the applicant , available documentary evidence or other relevant indications , member states may order a psychosocial assessment by qualified professionals to determine the age of the applicant in the framework of the examination of an application . the age assessment shall not be solely based on the applicant ' s physical appearance or demeanour .


### where an applicant makes a subsequent application without presenting new evidence or findings which significantly increase his or her likelihood of qualifying as a beneficiary of international protection or which relate to the reasons for which the previous application was rejected as inadmissible , that subsequent application should not be subject to a new full examination procedure . in those cases , following a preliminary examination , applications should be dismissed as inadmissible or as manifestly unfounded where the application is so clearly without substance or abusive that it has no tangible prospect of success , in accordance with the res judicata principle . the preliminary examination shall be carried out on the basis of written submissions and a personal interview however the personal interview may be dispensed with in those instances where , from the written submissions , it is clear that the application does not give rise to relevant new elements or findings or that it is clearly without substance and has no tangible prospect of success . in case of subsequent applications , exceptions may be made to the individual ' s right to remain on the territory of a member state after a subsequent application is rejected as inadmissible or unfounded , or in the case of a second or further subsequent applications , as soon as an application is made in any member states following a final decision which had rejected a previous subsequent application as inadmissible , unfounded or manifestly unfounded . ### where an applicant makes a second or further subsequent application without presenting new evidence or findings which significantly increase his or her likelihood of qualifying as a beneficiary of international protection or which relate to the reasons for which the previous application was rejected as inadmissible , that subsequent application should not be subject to a new full examination procedure . in those cases , following a preliminary examination , applications should be dismissed as inadmissible or as manifestly unfounded where the application is so clearly without substance or abusive that it has no tangible prospect of success , in accordance with the res judicata principle . the preliminary examination shall be carried out on the basis of written submissions and a personal interview however the personal interview may be dispensed with in those instances where , from the written submissions , it is clear that the application does not give rise to relevant new elements or findings or that it is clearly without substance and has no tangible prospect of success . in case of a second or further subsequent applications , exceptions may be made to the individual ' s right to remain on the territory of a member state after a subsequent application is rejected as inadmissible .


### the responsible authorities shall store either the recording or the transcript for ten years from the date of a final decision . the recording shall be erased upon expiry of that period or where it is related to a person who has acquired citizenship of any member state before expiry of that period as soon as the member state becomes aware that the person concerned has acquired such citizenship . ### the responsible authorities shall store the recording and the transcript for ten years from the date of a final decision . the recording shall be erased and the transcript destroyed upon expiry of that period or where it is related to a person who has acquired citizenship of any member state before expiry of that period as soon as the member state becomes aware that the person concerned has acquired such citizenship .


### the lodging of the application is the act that formalises the application for international protection . the applicant should be given the necessary information as to how and where to lodge his or her application and he or she should be given an effective opportunity to do so . at this stage he or she is required to submit all the elements at his or her disposal needed to substantiate and complete the application . the time - limit for the administrative procedure starts to run from the moment an application is lodged . at that time , the applicant should be given a document which certifies his or her status as an applicant , and which should be valid for the duration of the his or her right to remain on the territory of the member state responsible for examining the application . ### the lodging of the application is the act of submitting all relevant elements at the applicant ' s disposal in accordance with [ article 4 of the qualification regulation ] . the applicant should be given the necessary information as to how and where to lodge his or her application and he or she should be given an effective opportunity to do so . at this stage he or she is required to submit all the elements at his or her disposal needed to substantiate the application . the time - limit for the administrative procedure starts to run from the moment an application is lodged .


### the applicant may only bring forward new elements which are relevant for the examination of his or her application and which he or she could not have been aware of at an earlier stage or which relate to changes to his or her situation . ### the applicant may bring forward any new elements which are relevant for the examination of his or her application


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


### the personal interview shall be recorded using audio or audio - visual means of recording . the applicant shall be informed in advance of such recording . ### the personal interview shall be recorded using audio or audio - visual means of recording . the applicant shall be informed in advance of and give his or her consent to such recording .


### ‘ eu information systems’ means the large - scale it systems managed by eu - lisa ; ### ‘ union information systems’ means the ees , vis , [ etias ] , eurodac , sis and [ ecris - tcn ] managed by eu - lisa ;


### strengthening and simplifying and making more uniform the data security and data protection conditions that govern the respective eu information systems ; ### strengthening and making more uniform the data security and data protection conditions that govern the respective eu information systems ;


### a european search portal is established for the purposes of ensuring that member state authorities and eu bodies have fast , seamless , efficient , systematic and controlled access to the eu information systems , the europol data and the interpol databases that they need to perform their tasks in accordance with their access rights and of supporting the objectives of the ees , the vis , [ the etias ] , eurodac , the sis , [ the ecris - tcn system ] and the europol data . ### a european search portal is established for the purposes of facilitating the access of member state authorities and of union agencies to the union information systems , to europol data and to the interpol databases in the performance of their tasks and in accordance with their access rights to and the objectives and purposes of the ees , vis , [ etias ] , eurodac , sis , [ ecris - tcn ] and europol data .


### this regulation also lays down provisions on data quality requirements , on a universal message format , on a central repository for reporting and statistics and lays down the responsibilities of the member states and of the european agency for the operational management of large - scale it systems in the area of freedom , security and justice , with respect to the design and operation of the interoperability components . ### this regulation also lays down provisions on data quality requirements , on a universal message format and lays down the responsibilities of the member states and of the european agency for the operational management of large - scale it systems in the area of freedom , security and justice , with respect to the design , development and operation of the accessibility components .


### a european search portal is established for the purposes of ensuring that member state authorities and eu bodies have fast , seamless , efficient , systematic and controlled access to the eu information systems , the europol data and the interpol databases that they need to perform their tasks in accordance with their access rights and of supporting the objectives of the ees , the vis , [ the etias ] , eurodac , the sis , [ the ecris - tcn system ] and the europol data . ### a european search portal is established for the purposes of facilitating the access in specific cases and under specific conditions of member state authorities and of union agencies to the union information systems , the europol data and the interpol databases in the performance of their tasks and in accordance with their access rights and the objectives and purposes of the ees , the vis , [ the etias ] , eurodac , the sis , [ the ecris - tcn system ] and the europol data .


### a secure communication infrastructure between the shared bms , central - sis and the cir . ### a secure communication infrastructure between the shared bms and the ees , the vis , eurodac , [ the ecris - tcn system ] and the central - sis .


### eu - lisa shall establish automated data quality control mechanisms and procedures on the data stored in the ees , the [ etias ] , the vis , the sis , the shared biometric matching service , the common identity repository and the multiple - identity detector . ### eu - lisa shall establish automated data quality control mechanisms and procedures on the data stored in or accessed through the ees , the [ etias ] , the vis , the sis , and the shared biometric matching service .


### a central repository for reporting and statistics should be established to generate cross - system statistical data and analytical reporting for policy , operational and data quality purposes . eu - lisa should establish , implement and host the crrs in its technical sites containing anonymous statistical data from the above - mentioned systems , the common identity repository , the multiple - identity detector and the shared biometric matching service . the data contained in the crrs should not enable the identification of individuals . eu - lisa should render the data anonymous and should record such anonymous data in the crrs . the process for rendering the data anonymous should be automated and no direct access by eu - lisa staff should be granted to any personal data stored in the eu information systems or in the interoperability components . ### functionalities for reporting and statistics should be established to generate cross - system statistical data and analytical reporting for policy , operational and data quality purposes . eu - lisa should develop these functionalities to extract anonymous statistical data from the above - mentioned systems , and the shared biometric matching service . eu - lisa should render the data anonymous . the process for rendering the data anonymous should be automated and no direct access by eu - lisa staff should be granted to any personal data stored in the eu information systems or in the interoperability components .


### the authorities referred to in paragraph 1 shall use the esp to search data related to persons or their travel documents in the central systems of the ees , the vis and [ the etias ] in accordance with their access rights under union and national law . they shall also use the esp to query the cir in accordance with their access rights under this regulation for the purposes referred to in articles 20 , 21 and 22 . ### where they are required under union law to search data related to persons or their travel documents in the ees , the vis and [ the etias ] , the authorities referred to in paragraph 1 shall use the esp to search such data in accordance with their access rights under union and national law .


### facilitating the technical and operational implementation by member states of existing and future eu information systems ; ### contributing to ensuring the effective use of the union information systems , europol data and the interpol databases by facilitating the access to them by the authorities in accordance with their access rights and the objectives and purposes as laid down in the legal instruments governing the respective systems ;


### the ees , [ the etias ] , the vis , the sis , eurodac , [ the ecris - tcn system ] , the cir and the multiple - identity detector , as well as the europol data and the interpol databases , shall provide the data that they contain resulting from the query of the esp . ### the ees , [ the etias ] , the vis , the sis , eurodac , [ the ecris - tcn system ] , as well as the europol data and the interpol databases , shall provide the data that they contain resulting from the query of the esp .


### to contribute to preventing and combating irregular migration ; ### to contribute to preventing and detecting irregular migration ;


### without prejudice to the right of information referred to in articles 11 and 12 of regulation 45 / 2001 and articles 13 and 14 of regulation 2016 / 679 , persons whose data are stored in the shared biometric matching service , the common identity repository or the multiple - identity detector shall be informed by the authority collecting their data , at the time their data are collected , about the processing of personal data for the purposes of this regulation , including about identity and contact details of the respective data controllers , and about the procedures for exercising their rights of access , rectification and erasure , as well as about the contact details of the european data protection supervisor and of the national supervisory authority of the member state responsible for the collection of the data . ### without prejudice to the right of information referred to in articles 11 and 12 of regulation 45 / 2001 and articles 13and 14 of regulation 2016 / 679 , persons whose data are stored in the shared biometric matching service shall be informed by the authority collecting their data , at the time their data are collected , about the processing of personal data for the purposes of this regulation , including about identity and contact details of the respective data controllers , and about the procedures for exercising their rights of access , rectification and erasure , as well as about the contact details of the european data protection supervisor and of the national supervisory authority of the member state responsible for the collection of the data .


### a shared biometric matching service storing biometric templates and enabling querying with biometric data across several eu information systems is established for the purposes of supporting the cir and the multiple - identity detector and the objectives of the ees , the vis , eurodac , the sis and [ the ecris - tcn system ] . ### a shared biometric matching service enabling querying with biometric data across&#160 ; relevant eu information systems is established .


### the european search portal should be established to facilitate technically the ability of member state authorities and eu bodies to have fast , seamless , efficient , systematic and controlled access to the eu information systems , the europol data and the interpol databases needed to perform their tasks , in accordance with their access rights , and to support the objectives of the ees , the vis , the [ etias ] , eurodac , the sis , the [ ecris - tcn system ] and the europol data . enabling the simultaneous querying of all relevant eu information systems in parallel , as well as of the europol data and the interpol databases , the esp should act as a single window or ‘ message broker’ to search various central systems and retrieve the necessary information seamlessly and in full respect of the access control and data protection requirements of the underlying systems . ### the european search portal should be established to facilitate technically the access of member state authorities and eu bodies , in specific cases and under specific conditions , to the eu information systems , the europol data and the interpol databases needed to perform their tasks , in accordance with their access rights , and to support the objectives and purposes of the ees , the vis , the [ etias ] , eurodac , the sis , the [ ecris - tcn system ] and the europol data . enabling the simultaneous querying of all relevant eu information systems in parallel , as well as of the europol data and the interpol databases , the esp should act as a single window or ‘ message broker’ to search various central systems and retrieve the necessary information seamlessly and in full respect of the access control and data protection requirements of the underlying systems .


### in both scenarios , and until the technical failure is addressed , the obligation referred to in article 7 and shall not apply and member states may access the information systems referred to in article 9 or the cir directly using their respective national uniform interfaces or national communication infrastructures . ### in both scenarios , and until the technical failure is addressed , the obligation referred to in article 7 and shall not apply and member states may access the information systems referred to in article 9 directly using their respective national uniform interfaces or national communication infrastructures .


### to ensure fast and systematic use of all eu information systems , the european search portal should be used to query the common identity repository , the ees , the vis , [ the etias ] , eurodac and [ the ecris - tcn system ] . however , the national connection to the different eu information systems should remain in order to provide a technical fall back . the esp should also be used by union bodies to query the central sis in accordance with their access rights and in order to perform their tasks . the esp should be an additional means to query the central sis , the europol data and the interpol systems , complementing the existing dedicated interfaces . ### to ensure fast and systematic use of all eu information systems , the european search portal should be used to query the ees , the vis , [ the etias ] , eurodac and [ the ecris - tcn system ] . however , the national connection to the different eu information systems should remain in order to provide a technical fall back . the esp should also be used by union bodies to query the central sis in accordance with their access rights and in order to perform their tasks . the esp should be an additional means to query the central sis , the europol data and the interpol systems , complementing the existing dedicated interfaces .


### processing of personal data for the purposes of this regulation shall not result in discrimination against persons on any grounds such as sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation . it shall fully respect human dignity and integrity . particular attention shall be paid to children , the elderly and persons with a disability . ### this regulation respects the fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union and shall be applied in accordance with those rights and principles . processing of personal data for the purposes of this regulation shall not result in discrimination against persons on any grounds such as sex , race , colour , ethnic or social origin , religion or belief , disability , age or sexual orientation . it shall fully respect human dignity and integrity . particular attention shall be paid to children , persons in need of international protection , the elderly and persons with a disability .


### the users of the esp shall launch a query by introducing data in the esp in accordance with their user profile and access rights . where a query has been launched , the esp shall query simultaneously , with the data introduced by the user of the esp , the ees , [ the etias ] , the vis , the sis , eurodac , [ the ecris - tcn system ] and the cir as well as the europol data and the interpol databases . ### the users of the esp shall launch a query by introducing data in the esp in accordance with their user profile and access rights . where a query has been launched , the esp shall query simultaneously , with the data introduced by the user of the esp , the ees , [ the etias ] , the vis , the sis , eurodac , [ the ecris - tcn system ] as well as the europol databases and the interpol databases .


### in order to allow competent authorities and the eu bodies to adapt to the new requirements on the use of the european search portal , it is necessary to provide for a transitional period . similarly , in order to allow for the coherent and optimal functioning of the multiple - identity detector , transitional measures should be established for the start of its operations . ### in order to allow competent authorities and the eu bodies to adapt to the new requirements on the use of the european search portal , it is necessary to provide for a transitional period .


### this regulation also lays down provisions on data quality requirements , on a universal message format , on a central repository for reporting and statistics and lays down the responsibilities of the member states and of the european agency for the operational management of large - scale it systems in the area of freedom , security and justice , with respect to the design and operation of the interoperability components . ### this regulation also lays down provisions on data quality requirements , on a universal message format , on a central repository for reporting and statistics and lays down the responsibilities of the member states and of the european agency for the operational management of large - scale it systems in the area of freedom , security and justice , with respect to the design , development and operation of the interoperability components .


### streamlining the conditions for law enforcement access to the ees , the vis , [ the etias ] and eurodac ; ### streamlining the conditions for law enforcement access in specific cases to the ees , the vis , [ the etias ] and eurodac ;


### where the union ' s financial assistance is provided through a grant , the members of any consortium wishing to participate in an action shall appoint one of them to act as coordinator , which shall be identified in the grant agreement . the coordinator shall be the principal point of contact between the members of the consortium in relations with the commission or the relevant funding body , unless specified otherwise in the grant agreement or in the event of non - compliance with its obligations under the grant agreement . ### where the union ' s administrative support is provided , the members of any consortium wishing to participate in an action shall appoint one of them to act as coordinator , which shall be identified in the agreement . the coordinator shall be the principal point of contact between the members of the consortium in relations with the commission and the relevant funding member states , unless specified otherwise in the agreement or in the event of non - compliance with its obligations under the agreement .


### the commission should draw up an implementation report at the end of the programme , examining the financial activities in terms of financial implementation results and where possible , impact . this report should also analyse the cross border participation of smes in projects under the programme as well as the participation of smes to the global value chain . ### the commission should draw up an interim progress report by the end of the first year of implementation and an implementation report at the end of the programme . these reports should analyse the development of industrial expertise and defence capacity , as well as coherence with the foreign policy objectives of the union and its member states and the financial activities in terms of financial implementation results and where possible , impact . they should also analyse and promote the cross - border participation of smes and mid - caps in projects under the programme as well as their participation to the global value chain . the reports should also include information on the origin of beneficiaries .


### the union financial support should not affect the export of products , equipment or technologies , and it should not affect the discretion of member states regarding policy on the export of defence related products . the union financial support should not affect member states ' export policies on defence related products . ### military or dual - use technology supported by the programme should only be exported to nato allies and friendly nations which fully comply with the provisions of the arms trade treaty . any technology supported by the programme should , when exported to third countries , comply with the eight criteria of common position 944 / 2008 / cfsp . those member states involved in a particular action should all agree to the export and the commission should monitor and report back on the end - use and end - users of that particular technology .


### the action shall be undertaken in a cooperation of at least three undertakings which are established in at least two different member states . the undertakings which are beneficiaries shall not effectively be controlled , directly or indirectly , by the same entity or shall not control each other . ### the action shall be undertaken in a cooperation of at least three undertakings which are established in at least three different member states . the undertakings which are beneficiaries , and any of their subcontractors participating in the action , shall not effectively be controlled , directly or indirectly , by the same entity or shall not control each other .


### given that the programme aims particularly at enhancing cooperation between undertakings across member states , an action should be eligible for funding under the programme only if it is undertaken by a cooperation of at least three undertakings based in at least two different member states . ### given that the programme aims particularly at enhancing cooperation between member states , an action should be considered under the programme only if it is undertaken by a cooperation of at least four undertakings based in at least three different member states .


### contribution to the security and defence interests of the union by enhancing defence technologies which contribute to implement defence capability priorities commonly agreed by member states within the union ; and , ### contribution to the common security and defence policy by enhancing defence technologies which contribute to the implementation of the defence capability priorities commonly agreed by member states within the union , and where appropriate at regional or international level ;


### the commission should establish a multiannual work programme in line with the objectives of the programme . the commission should be assisted in the establishment of the work programme by a committee of member states . in light of the union policy on small and medium enterprises as key to ensuring economic growth , innovation , job creation , and social integration in the union and the fact that the supported actions will typically require trans - national collaboration , it is of importance that the work programme will reflect and enable such cross - border participation of smes and that therefore a proportion of the overall budget will benefit such action . ### the commission should establish a multiannual work programme in line with the objectives of the programme . the commission should be assisted in the establishment of the work programme by a committee of member states . it is of importance that the work programme will reflect and enable cross - border participation of smes and that therefore a proportion of the overall budget will benefit such action .


### to foster the competitiveness and innovation capacity of the union defence industry by supporting actions in their development phase ; ### to foster efficiency gains in the union defence industry by member states supporting joint actions on union territory in their industrial development phase ;


### as the objective of the programme is to support the competitiveness of the union defence industry by de - risking the development phase of cooperative projects , actions related to the development of a defence product or technology , namely definition of common technical specifications , design , prototyping , testing , qualification , certification as well feasibility studies and other supporting measures , should be eligible to benefit from it . this will also apply to the upgrade of existing defence products and technologies . ### as the objective of the programme is to increase the level of efficiency of cooperation between member states and de - risking the development phase of cooperative projects , actions related to the development of a defence product or technology , namely definition of common technical specifications , design , prototyping , testing , qualification , certification should be considered under the programme . this will also apply to the upgrade of existing defence products and technologies .


### the promotion of innovation and technological development in the union defence industry should take place in a manner coherent with the security interests of the union . accordingly , the action ' s contribution to those interests and to the defence capability priorities commonly agreed by member states should serve as an award criterion . within the union , common defence capability priorities are identified notably through the capability development plan . other union processes such as the coordinated annual review on defence and the permanent structured cooperation will support the implementation of relevant priorities through enhanced cooperation . where appropriate regional or international cooperative initiatives , such as in the nato context , and serving the union security and defence interest , may also be taken into account . ### the promotion of innovation and technological development in the union defence industry should allow for the maintenance and development of the skills and know - how of the union ' s defence industry and contribute to strengthening its technological and industrial independence . it should also take place in a manner coherent with the security interests of the union . the european council of 19 and 20 december 2013 stressed the importance of delivering key capabilities and addressing critical shortfalls through tangible projects in areas such as remotely - piloted aircraft , air - to - air refuelling , satellite telecommunications and cyberspace . in addition , in its communication of 30 november 2016 entitled ‘ european defence action plan’ , the commission emphasised the need to maximise civil / military synergies , including in areas such as space policy , cyber security , cyber defence and maritime security . accordingly , the action ' s contribution to those interests and to the defence capability priorities commonly agreed by member states should serve as an award criterion . within the union , common defence capability priorities are identified notably through the capability development plan . other union processes such as the coordinated annual review on defence and the permanent structured cooperation will support the implementation of relevant priorities through enhanced cooperation .


### beneficiaries shall be undertakings established in the union , in which member states and / or nationals of member states own more than 50% of the undertaking and effectively control it within the meaning of article 6 , whether directly or indirectly through one or more intermediate undertakings . in addition , all infrastructure , facilities , assets and resources used by the participants , including subcontractors and other third parties , in actions funded under the programme shall not be located on the territory of non - member states during the entire duration of the action . ### beneficiaries and their subcontractors shall be public or private undertakings established in the union and their executive management structures shall be located in the union . all infrastructure , facilities , and assets used by the beneficiaries , including subcontractors and other third parties , for the purposes of the actions funded under the programme shall be located on the territory of the member states during the entire duration of the action . the beneficiaries and their subcontractors shall not be subject to control by third countries or by third country entities .


### given that the programme aims particularly at enhancing cooperation between undertakings across member states , an action should be eligible for funding under the programme only if it is undertaken by a cooperation of at least three undertakings based in at least two different member states . ### given that the programme aims particularly at enhancing cooperation between public or private undertakings across member states , an action should be eligible for funding under the programme only if it is undertaken by a cooperation of at least three undertakings based in at least three different member states .


### as the union support aims at enhancing the competitiveness of the sector and concerns only the specific development phase , the commission should not have ownership or intellectual property rights over the products or technologies resulting from the funded actions . the applicable intellectual property rights regime will be defined contractually by the beneficiaries . ### as the union support aims at enhancing the efficient cooperation within the sector and concerns only the specific development phase , the commission should not have ownership or intellectual property rights over the products or technologies resulting from the actions supported . the applicable intellectual property rights regime will be defined contractually by the participants .


### beneficiaries shall be undertakings established in the union , in which member states and / or nationals of member states own more than 50% of the undertaking and effectively control it within the meaning of article 6 , whether directly or indirectly through one or more intermediate undertakings . in addition , all infrastructure , facilities , assets and resources used by the participants , including subcontractors and other third parties , in actions funded under the programme shall not be located on the territory of non - member states during the entire duration of the action . ### participants in the actions foreseen by the programme shall be undertakings and their subcontractors established in the union , in which member states and / or nationals of member states own the undertaking and effectively control it within the meaning of article 6 , whether directly or indirectly through one or more intermediate undertakings . in addition , all infrastructure , facilities , assets and resources used by the participants , including subcontractors and other third parties , in actions foreseen under the programme shall not be located on the territory of non - member states during the entire duration of the action . the use of these infrastructures , facilities , assets and resources shall not be under the control of any third country or entity established outside of the union .


### the programme shall provide support for actions by beneficiaries in the development phase covering both new and the upgrade of existing products and technologies , in relation to : ### the programme shall identify and develop actions by participants in the development phase covering both new and the upgrade of existing products and technologies , in relation to :


### each applicant shall declare , by written statement , that it is fully aware of and compliant with applicable national and union legislation and regulations relating to activities in the domain of defence . ### each member of a consortium wishing to participate in an action shall declare , by written statement , that it is fully aware of and compliant with applicable national and union legislation and regulations relating to activities in the domain of defence , including the council common position 2008 / 944 / cfsp of 8 december 2008 defining common rules governing control of exports of military technology and equipment , the community regime for the control of exports , transfer , brokering and transit of dual - use items and the relevant national legislation on export controls .


### to support and leverage the cooperation between undertakings , including small and medium - sized enterprises , in the development of technologies or products in line with defence capability priorities commonly agreed by member states within the union ; ### to support and leverage the cooperation between member states and with undertakings , including small and medium - sized enterprises , in the development of technologies or products solely in line with defence capability priorities commonly agreed by member states within the union in the context of the capability development plan of the common security and defence policy ;


### in order to ensure that the funded actions will contribute to the competitiveness of the european defence industry , they should be market - oriented and demand driven . therefore , the fact that member states have already committed to jointly produce and procure the final product or technology , possibly in a coordinated way , should be taken into account in the award criteria . ### in order to ensure that the actions will contribute to a higher level of efficiency of the european defence industry , they should be market - oriented and demand driven . therefore , the fact that member states have already committed to jointly produce and procure the final product or technology , possibly in a coordinated way , should be taken into account in the award criteria . in order to reduce market distortions in the defence sector which often hamper efficient projects , it is of crucial importance not to subsidise the defence industry by means of the use of eu funds .


### in order to contribute to the enhancement of the competitiveness and innovation capacity of the union ' s defence industry , a european defence industrial development programme should be established . the programme should aim at enhancing the competitiveness of the union ' s defence industry inter alia cyber defence by supporting the cooperation between undertakings in the development phase of defence products and technologies . the development phase , which follows the research and technology phase , entails significant risks and costs that hamper the further exploitation of the results of research and adversely impact the competitiveness of the union ' s defence industry . by supporting the development phase , the programme would contribute to a better exploitation of the results of defence research and it would help to cover the gap between research and production as well as to promote all forms of innovation . the programme should complement activities carried out in accordance with article 182 tfeu and it does not cover the production of defence products and technologies . ### in order to contribute to the efficiency of the union ' s defence industry , a european defence industrial development cooperation programme should be established jointly by the member states and the commission . the programme should consist of a cooperation mechanism between member states and the commission , and address the development phase of defence products and technologies . the development phase , which follows the research and technology phase , which entails significant risks and costs that hamper the further exploitation of the results of research . by addressing the development phase , the programme would contribute to a better exploitation of the results of defence research and it would help to cover the gap between research and production as well as to promote all forms of innovation . the programme should complement activities carried out in accordance with article 182 tfeu and it does not cover the production of defence products and technologies .


### the action shall be undertaken in a cooperation of at least three undertakings which are established in at least two different member states . the undertakings which are beneficiaries shall not effectively be controlled , directly or indirectly , by the same entity or shall not control each other . ### the action shall be undertaken in a cooperation of at least three undertakings which are established in at least two different member states . the undertakings and their subcontractors which are participants shall not effectively be controlled , directly or indirectly , by the same entity or shall not control each other


### location of data for storage or other processing within the union shall not be restricted to the territory of a specific member state , and storage or other processing in any other member state shall not be prohibited or restricted , unless it is justified on grounds of public security . ### data localisation requirements within the union which restrict data storage or other processing to the territory of a specific member state shall be prohibited unless , on an exceptional basis , they are justified on imperative grounds of public security , in compliance with the principle of proportionality .


### no later than [ 5 years after the date mentioned in article 10 ] , the commission shall carry out a review of this regulation and present a report on the main findings to the european parliament , the council and the european economic and social committee . ### no later than 3 years after the publication of this regulation , the commission shall submit a report on the main findings to the european parliament , the council and the european economic and social committee , evaluating the implementation of this regulation .


### no later than [ 5 years after the date mentioned in article 10 ] , the commission shall carry out a review of this regulation and present a report on the main findings to the european parliament , the council and the european economic and social committee . ### no later than 3 years after the date of publication of this regulation , the commission shall submit a report on the main findings to the european parliament , the council and the european economic and social committee evaluating the implementation of this regulation , in particular in respect of :


### the commission shall encourage providers to effectively implement the codes of conduct referred to in paragraph 1 within one year after the start of application of this regulation . ### providers shall effectively implement the right to data portability referred to in paragraph - 1 and the codes of conduct referred to in paragraph 1 within six months after the start of application of this regulation .


### the commission shall encourage and facilitate the development of self - regulatory codes of conduct at union level , in order to define guidelines on best practices in facilitating the switching of providers and to ensure that they provide professional users with sufficiently detailed , clear and transparent information before a contract for data storage and processing is concluded , as regards the following issues : ### the commission shall encourage and facilitate the development of self - regulatory codes of conduct at union level , that define guidelines and best practices facilitating the direct transmission of data from one provider to another upon request of the user , in order to facilitate the users ' right to data portability and to ensure that users are provided with sufficiently detailed , clear and transparent information before a contract for data storage and processing is concluded , taking due account of open standards to enable interoperability as regards the following issues :


### ‘ user’ means a natural or legal person using or requesting a data storage or other processing service ; ### ‘ user’ means a natural or legal person , including a public sector entity , using or requesting a data storage or other processing service ;


### under regulation 2016 / 679 , member states may neither restrict nor prohibit the free movement of personal data within the union for reasons connected with the protection of natural persons with regard to the processing of personal data . this regulation establishes the same principle of free movement within the union for non - personal data except when a restriction or a prohibition would be justified for security reasons . ### under regulation 2016 / 679 , member states may neither restrict nor prohibit the free movement of personal data within the union for reasons connected with the protection of natural persons with regard to the processing of personal data . this regulation establishes the same principle of free movement within the union for non - personal data except when a restriction or a prohibition would be justified for public security reasons as defined by union law , in particular article 52 of the treaty on the functioning of the european union .


### to improve the functioning of the internal market , and especially to protect and empower citizens , consumers and businesses , in particular micro , small and medium - sized enterprises , by enforcement of union law , facilitation of market access , standard setting , and by promoting human , animal and plant health and animal welfare ; as well as to enhance cooperation between the competent authorities of member states and between the competent authorities of member states and the commission and the decentralised union agencies ; ### to improve the functioning of the internal market through a reinforcement of its legal social and environmental framework in line with eu ' s long - term climate objectives towards a circular and net - zero carbon economy , and especially to protect and empower citizens , consumers and businesses , in particular micro , small and medium - sized enterprises , by raising awareness on eu single market and consumer protections rules , enforcement of union law , facilitation of market access and improved access to finance , standard setting , and by promoting human , animal and plant health and taking measures to guarantee animal welfare ; as well as to enhance cooperation between the competent authorities of member states and between the competent authorities of member states and the commission and the decentralised union agencies ;


### the internal market is a cornerstone of the union . since its inception , it has proved a major contributor to growth , competitiveness and employment . it has generated new opportunities and economies of scale for european businesses , notably micro , small and medium sized enterprises , and strengthened their industrial competitiveness . the internal market contributed to the creation of jobs and offered greater choice at lower prices for consumers . it continues to be an engine for building a stronger , more balanced and fairer economy . it is one of the union ' s major achievements and its best asset in an increasingly global world . ### the internal market is a cornerstone of the union . since its inception , it has proved a major contributor to economic development and prosperity , competitiveness and employment . it has generated new opportunities and economies of scale for european businesses , notably micro , small and medium sized enterprises , and strengthened their industrial competitiveness . the internal market contributed to the creation of jobs and offered greater diversification for consumers in terms of products and services offered . it continues to be an engine for building a stronger , more balanced and fairer economy . it is one of the union ' s major achievements and its best asset in an increasingly global world and a core element in achieving the transformation into a net - zero carbon emission , resource - and energy - efficient sustainable economy to respond to the increasing pressure of climate change and overuse of natural resources .


### the programme should support the design , implementation and enforcement of union legislation underpinning the proper functioning of the internal market . the programme should support the creation of the right conditions to empower all actors of the internal market : businesses , citizens including consumers , civil society and public authorities . to that end , the programme should aim to ensure the competitiveness of businesses , notably smes , but also supporting the enforcement of consumer protection and safety rules and by raising the awareness of businesses and individuals by providing them with the right tools , knowledge and competence to make informed decisions and strengthen their participation in union’s policy - making . furthermore , the programme should aim to enhance regulatory and administrative cooperation , notably through exchange of best practices , building of knowledge and competence bases , including the use of strategic public procurement . the programme should also aim to support the development of high - quality international standards that underpin the implementation of union legislation . this also includes standard setting in the field of financial reporting and audit , thereby contributing to the transparency and well - functioning of the union’s capital markets and to enhancing investor protection . the programme should support rulemaking and standard setting also by ensuring the broadest possible stakeholder involvement . the objective of the programme should also be to support the implementation and enforcement of union legislation providing for a high level of health for humans , animals and plants along the food chain and the improvement of the welfare of animals . ### the programme should support the design , implementation and enforcement of union legislation underpinning the proper functioning of the internal market . the programme should support the creation of the right conditions to empower all actors of the internal market : businesses , citizens including consumers , civil society and public authorities . to that end , the programme should aim to ensure both the competitiveness and sustainability of businesses , notably smes , but also a high - level of consumer protection by supporting the enforcement of consumer protection and safety rules , as well as environmental and social standards and by raising the awareness of businesses and individuals by providing them with the right tools , the appropriate information and assistance , knowledge and competence to make informed decisions and strengthen their participation in union’s policy - making . furthermore , the programme should aim to enhance regulatory and administrative cooperation , notably through training programmes , exchange of best practices , building of knowledge and competence bases , including the use of strategic public procurement . the programme should also aim to support the development of high - quality international standards that underpin the implementation of union legislation . this also includes standard setting in the field of financial reporting and audit , thereby contributing to the transparency and well - functioning of the union’s capital markets and to enhancing investor protection . the programme should support rulemaking and standard setting also by ensuring the broadest possible stakeholder involvement . the objective of the programme should also be to support the implementation and enforcement of union legislation providing for a high level of health for humans , animals and plants along the food chain and guarantee the welfare of animals .


### this regulation establishes the programme for improving the functioning of the internal market and the competitiveness of enterprises , including micro , small and medium - sized enterprises and the framework for financing of development , production and dissemination of european statistics within the meaning of article 13 of regulation no 223 / 2009 . ### this regulation establishes the programme for improving the functioning of the internal market , the competitiveness and sustainability of enterprises , paying particular attention to the needs of micro , small and medium - sized enterprises , and the framework for financing of development , production and dissemination of european statistics within the meaning of article 13 of regulation no 223 / 2009 .


### this regulation establishes the programme for improving the functioning of the internal market and the competitiveness of enterprises , including micro , small and medium - sized enterprises and the framework for financing of development , production and dissemination of european statistics within the meaning of article 13 of regulation no 223 / 2009 . ### this regulation establishes the programme for improving the functioning of the internal market and the competitiveness and sustainability of enterprises , including micro , small and medium - sized enterprises , social economy enterprises and enterprises networks , and the framework for financing of development , production and dissemination of european statistics within the meaning of article 13 of regulation no 223 / 2009 .


### it is therefore appropriate to establish a programme for the internal market , competitiveness of enterprises , including micro , small and medium - sized enterprises , and european statistics . the programme should be established for the duration of seven years from 2021 to 2027 . ### it is therefore appropriate to establish a programme for the internal market , competitiveness and sustainability of enterprises , with particular attention to micro , small and medium - sized enterprises , clusters , enterprise networks , consortium of companies and european statistics . the programme should be established for the duration of seven years from 2021 to 2027 .


### new regulatory and enforcement challenges relate to a rapidly changing environment of the digital revolution , concerning issues such as cybersecurity , internet of things or artificial intelligence . should damage occur , stringent rules on product safety and liability are essential to ensure a policy response that allows european citizens , including consumers and businesses , to benefit from such rules . the programme should therefore contribute to the rapid adaptation and enforcement of a union product liability regime which fosters innovation . ### new regulatory and enforcement challenges relate to a rapidly changing environment of the digital revolution , concerning issues such as cybersecurity , internet of things or artificial intelligence and related ethical standards . should damage occur , stringent rules on product safety and liability are essential to ensure a policy response that allows european citizens , including consumers and businesses , to benefit from such rules . the programme should therefore contribute to the rapid adaptation and enforcement of a union product liability regime which fosters innovation .


### several programmes for union action exist currently in the fields of competitiveness of enterprises including smes , consumer protection , customers and end - users in financial services , policy making in financial services and food chain . some additional activities are financed directly under the internal market budget lines . it is necessary to streamline and exploit synergies between various actions and provide for a more flexible and agile framework to finance activities aiming to achieve a well - functioning internal market in the most cost - efficient manner . it is therefore necessary to establish a new programme bringing together activities financed previously under those other programmes and other relevant budget lines . the programme should also include new initiatives which aim to improve the functioning of the internal market . ### several programmes for union action exist currently in the fields of competitiveness of enterprises including smes , consumer protection , customers and end - users in financial services , policy making in financial services and food chain . some additional activities are financed directly under the internal market budget lines . it is necessary to streamline and exploit synergies between various actions and provide for a more flexible and agile framework to finance activities aiming to achieve a well - functioning and sustainable internal market that is efficient , affordable , consumer - centric and takes into consideration environmental , social and governance factors . it is therefore necessary to establish a new programme bringing together activities financed previously under those other programmes and other relevant budget lines . the programme should also include new initiatives which aim to improve the functioning of the internal market .


### public procurement is used by public authorities to ensure value for public money spent and to contribute to a more innovative , sustainable , inclusive and competitive internal market . directive 2014 / 23 / eu of the european parliament and of the council49 , directive 2014 / 24 / eu of the european parliament and of the council50 and directive 2014 / 25 / eu of the european parliament and of the council51 provide the legal framework for the integration and effective functioning of the public procurement markets representing 14% of union’s gross domestic product , to the benefit of public authorities , businesses as well as citizens , including consumers . the programme should therefore support measures to ensure a wider uptake of strategic public procurement , the professionalisation of public buyers , improved access to procurement markets for smes , increase of transparency , integrity and better data , boosting the digital transformation of procurement and promotion of joint procurement , through strengthening a partnership approach with the member states , improving data gathering and data analysis including through development of dedicated it tools , supporting exchange of experiences and good practices , providing guidance , pursuing beneficial trade agreements , strengthening cooperation among national authorities and launching pilot projects . __________________ 49 directive 2014 / 23 / eu of the european parliament and of the council of 26 february 2014 on the award of concession contracts . 50 directive 2014 / 24 / eu of the european parliament and of the council of 26 february 2014 on public procurement and repealing directive 2004 / 18 / ec . 51 directive 2014 / 25 / eu of the european parliament and of the council of 26 february 2014 on procurement by entities operating in the water , energy , transport and postal services sectors and repealing directive 2004 / 17 / ec . ### public procurement is used by public authorities to ensure value for public money spent and to contribute to a more innovative , sustainable , inclusive and competitive internal market . directive 2014 / 23 / eu of the european parliament and of the council49 , directive 2014 / 24 / eu of the european parliament and of the council50 and directive 2014 / 25 / eu of the european parliament and of the council51 provide the legal framework for the integration and effective functioning of the public procurement markets representing 14% of union’s gross domestic product , to the benefit of public authorities , businesses as well as citizens , including consumers . public authorities , through their procurement policy , can establish and support markets for innovative goods and services . the programme should therefore support measures to ensure a wider uptake of strategic public procurement , a more systematic use of environmental , social and fair - trade criteria in awarding contracts the professionalisation of public buyers , improved access to procurement markets for smes , social economy enterprises and business organisations networks , increase of transparency , integrity and better data , boosting the digital transformation of procurement and promotion of joint procurement , through strengthening a partnership approach with the member states , improving data gathering and data analysis including through development of dedicated it tools , supporting exchange of experiences and good practices , providing guidance , pursuing beneficial trade agreements , strengthening cooperation among national authorities and launching pilot projects . __________________ 49 directive 2014 / 23 / eu of the european parliament and of the council of 26 february 2014 on the award of concession contracts . 50 directive 2014 / 24 / eu of the european parliament and of the council of 26 february 2014 on public procurement and repealing directive 2004 / 18 / ec . 51 directive 2014 / 25 / eu of the european parliament and of the council of 26 february 2014 on procurement by entities operating in the water , energy , transport and postal services sectors and repealing directive 2004 / 17 / ec .


### empowering , assisting and educating consumers , businesses and civil society ; ensuring a high level of consumer protection , sustainable consumption and product safety notably by supporting competent enforcement authorities and consumer representative organisations and cooperation actions ; ensuring that all consumers have access to redress and ; provision of adequate information on markets and consumers ; ### empowering , assisting and educating consumers , businesses and civil society ; ensuring a high level of consumer protection both on offline and online markets in line with technological developments and digitalisation , fostering sustainable consumption through enhanced information to consumers on specific characteristics and environmental impact of goods and services , and enhanced product safety notably by supporting competent enforcement authorities and consumer representative organisations and cooperation actions ; ensuring that all consumers have access to effective redress - mechanisms and ; provision of adequate information on markets and consumers ;