### protecting people against cross - border health threats is a major challenge for public health , calling for effective international cooperation at eu and global level . this will involve prevention , preparedness , early detection , treatment and cure of infectious diseases , and also tackling antimicrobial resistance following a ‘ one health approach’ . ### protecting people against communicable diseases and cross - border health threats is a major challenge for public health , calling for effective international cooperation at eu and global level . this will involve prevention , preparedness , early detection , treatment and cure of infectious diseases , and also tackling antimicrobial resistance a number of infectious diseases lack private sector r&i investment because of the lack of market incentives to invest in the prevention , treatment , and diagnosis of these often poverty - related diseases , calling for more ambitious public sector investment . especially complex and costly late stage clinical trials and support to ethics and regulatory strengthening require pooled european efforts .


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


### ships built in an equivalent material before the entry into force of this directive shall comply with its requirements by [ 5 years after the date referred to in the second subparagraph of article 2 ] . ; ### ships built in an equivalent material before [ the transposition date referred to in the second subparagraph of article 2 ] shall comply with its requirements by [ insert the date five years after the date referred to in the second subparagraph of article 2 ] . ;


### in the cases referred to in paragraph 2 of this article , the participation of employees in the converted company and their involvement in the definition of such rights shall be regulated by the member states , mutatis mutandis and subject to paragraphs 4 to 7 of this article , in accordance with the principles and procedures laid down in article 12 , and of regulation no 2157 / 2001 and the following provisions of directive 2001 / 86 / ec : ### the information , consultation and participation of employees in the converted company and their involvement in the definition of such rights shall be the object of an agreement between the employees and the management and shall be regulated by the member states , mutatis mutandis and subject to paragraphs 4 to 7 of this article , in accordance with the principles and procedures laid down in article 12 and of regulation no 2157 / 2001and the following provisions of directive 2001 / 86 / ec :


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


### in the cases referred to in paragraph 2 , the participation of employees in the companies resulting from the cross - border division and their involvement in the definition of such rights shall be regulated by the member states , mutatis mutandis and subject to paragraphs 4 to 7 of this article , in accordance with the principles and procedures laid down in article 12 , and of regulation no 2157 / 2001 and the following provisions of directive 2001 / 86 / ec : ### the information , consultation and participation of employees in the companies resulting from the cross - border division and their involvement in the definition of such rights shall be the object of an agreement between the employees and the management and shall be regulated by the member states , mutatis mutandis and subject to paragraphs 4 to 7 of this article , in accordance with the principles and procedures laid down in article 12 and of regulation no 2157 / 2001and the following provisions of directive 2001 / 86 / ec :


### point of part 3 of the annex . ### the annex , with the exclusion of points , and paragraph 2 of part 3 , instead of which the following will apply as a minimum : the employees of the company , its subsidiaries and establishments and / or the representative body shall have the right to elect and appoint a number of members of the administrative or supervisory body of the converted company equal to two representatives in companies up from 50 employees , one third in companies having from 250 employees to 1000 employees and parity in companies with more than 1000 employees .


### the right to convert an existing company formed in a member state into a company governed by another member state may in certain circumstances be used for abusive purposes such as for the circumvention of labour standards , social security payments , tax obligations , creditors ' , minority shareholders ' rights or rules on employees participation . in order to combat such possible abuses , a general principle of union law , member states are required to ensure that companies do not use the cross - border conversion procedure in order to create artificial arrangements aimed at obtaining undue tax advantages or at unduly prejudicing the legal or contractual rights of employees , creditors or members . in so far as it constitutes a derogation from a fundamental freedom , the fight against abuses must be interpreted strictly and be based on an individual assessment of all relevant circumstances . a procedural and substantive framework which describes the margin of discretion and allows for the diversity of approach by member states whilst at the same time setting out the requirements to streamline the actions to be taken by national authorities to fight abuses in conformity with union law should be laid down . ### the right to merge , divide or convert an existing company formed in a member state into a company governed by another member state should never be used for abusive purposes such as for the circumvention of labour standards , social security payments , tax obligations , creditors ' , minority shareholders ' rights or rules on employees participation , as this is the case for example of letterbox companies . in order to combat such possible abuses , a general principle of union law , member states are required to ensure that companies do not use the cross - border conversion , merger or division procedure in order to create artificial arrangements aimed , solely or partially , at obtaining tax or social security advantages or at prejudicing the legal or contractual rights of employees , creditors or members . the fight against abuses must be based on an individual assessment of all relevant circumstances . a common procedural and substantive framework which sets out the requirements to streamline the actions to be taken by national authorities to fight abuses in conformity with union law should be laid down , whilst describing , where strictly necessary , the margin of discretion allowed for member states .


### these developments in the case - law have opened up new opportunities for companies and firms in the single market in order to foster economic growth , effective competition and productivity . at the same time , the objective of a single market without internal borders for companies must also be reconciled with other objectives of european integration such as social protection , the protection of creditors and the protection of shareholders . such objectives , in the absence of harmonised rules specifically regarding cross - border conversions , are pursued by member states through a number of multifarious legal provisions and administrative practices . as a result , whereas companies are already able to merge cross - border , they experience a number of legal and practical difficulties when wishing to perform a cross - border conversion . moreover , the national legislation of many member states provides for the procedure of domestic conversions without offering an equivalent procedure for converting cross - border . ### these developments in the case - law have opened up new opportunities for companies and firms in the single market in order to foster economic growth , effective competition and productivity . at the same time , in the absence of a level playing field in the form of coherent social and fiscal rules , these developments went hand - in - hand with the proliferation of letterbox companies and abusive practices , constituting artificial arrangements and circumventing fiscal and social security obligations as well as undercutting workers’ rights . the objective of a single market without internal borders for companies must be reconciled with other objectives of european integration such as social protection for all , the protection of workers’ rights , the protection of creditors and the protection of shareholders , as well as the fight against attacks on financial interests of the eu via for example money laundering and tax evasion . in the absence of harmonised rules specifically regarding cross - border conversions , member states have developed a number of multifarious legal provisions and administrative practices . as a result , whereas companies are already able to merge cross - border , they experience a number of legal and practical difficulties when wishing to perform a cross - border conversion . moreover , the national legislation of many member states provides for the procedure of domestic conversions without offering an equivalent procedure for converting cross - border .


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


### the report referred to in paragraph 1 of this article , shall be made available , at least electronically , to the members not less than two months before the date of the general meeting referred to in article 86i . that report shall also be made similarly available to the representatives of the employees of the company carrying out the cross - border conversion or , where there are no such representatives , to the employees themselves . ### the report referred to in paragraph 1 of this article , shall be made available , at least electronically , to the members not less than two months before the date of the general meeting referred to in article 86i . that report shall also be made similarly available to the representatives of the employees of the company carrying out the cross - border conversion or , where there are no such representatives , to the employees themselves , and to the european works council , where applicable .


### any material changes in the conditions of employment and in the locations of the companies’ places of business ; ### any material changes in the conditions of employment , including the conditions laid down in law and collective agreements , and in the locations of the companies’ places of business ;


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


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


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


### point of part 3 of the annex . ### the annex , with the exclusion of points en and paragraph 2 of part 3 , instead of which the following will apply as a minimum : the employees of the company , its subsidiaries and establishments and / or the representative body shall have the right to elect and appoint a number of members of the administrative or supervisory body of the converted company equal to two representatives in companies up from 50 employees , one third in companies having from 250 employees to 1000 employees and parity in companies with more than 1000 employees .


### article 4 , article 4 , and , article 4 and article 4 ; ### article 4 , article 4 , , , and , article 4 and article 4 ;


### any material changes in the conditions of employment and in the location of the company’s places of business ; ### any material changes in the conditions of employment , including the conditions laid down in law and collective agreements , and in the location of the company’s places of business ;


### member states shall ensure in order to assess whether the cross - border conversion constitutes an artificial arrangement within the meaning of article 86c , that the competent authority of the departure member state carries out an in - depth assessment of all relevant facts and circumstances and shall take into account at a minimum the following : the characteristics of the establishment in the destination member state , including the intent , the sector , the investment , the net turnover and profit or loss , number of employees , the composition of the balance sheet , the tax residence , the assets and their location , the habitual place of work of the employees and of specific groups of employees , the place where social contributions are due and the commercial risks assumed by the converted company in the destination member state and the departure member state . ### member states shall ensure in order to assess whether the cross - border conversion constitutes an artificial arrangement , that the competent authority of the departure member state carries out an in - depth assessment of all relevant facts and circumstances and shall take into account at a minimum the following : the characteristics of the establishment in the destination member state , including the intent , the sector , the investment , the net turnover and profit or loss , the number of employees working in the country of destination , the number of employees working in another country grouped according to the country of work , the number of employees posted in the year prior to the conversion within the meanings of regulation no 883 / 2004 and directive 96 / 71 / ec , the number of employees working simultaneously in more than one member state within the meaning of regulation no 883 / 2004 , the composition of the balance sheet , the tax residence , the assets and their location , the habitual place of work of the employees and of specific groups of employees , the places where social contributions are due , and the commercial risks assumed by the converted company in the destination member state and the departure member state , and the composition of the balance sheet and of the financial statement in the destination member state and in all member states in which the company operates in the last two fiscal years .


### the resources of the asylum , migration and refugee fund should be used to provide adequate support to member states’ efforts in implementing the standards set by the regulation , in particular to those member states which are faced with specific and disproportionate pressure on their asylum systems , due in particular to their geographical or demographic situation . ### the resources of the asylum , migration and integration fund should be used to provide adequate support to member states’ efforts in implementing the standards set by the regulation , in particular to those member states which are faced with specific and disproportionate pressure on their asylum systems , due in particular to their geographical , or demographic situation .


### competent authorities may restrict the access to employed or self - employed activities as regard posts which involve the exercise of public authority , and responsibility for safeguarding the general interest of the state or other public authorities . in the context of exercising their right equal treatment as regards membership of an organisation representing workers or engaging in a specific occupation , beneficiaries of international protection may likewise be excluded from taking part in the management of bodies governed by public law and from holding an office governed by public law ### competent authorities may restrict the access to employed or self - employed activities as regard posts which involve the exercise of public authority , and responsibility for safeguarding the general interest of the state or other public authorities .


### the resources of the asylum , migration and refugee fund should be used to provide adequate support to member states’ efforts in implementing the standards set by the regulation , in particular to those member states which are faced with specific and disproportionate pressure on their asylum systems , due in particular to their geographical or demographic situation . ### the resources of the asylum , migration and integration fund should be used to provide adequate support to member states ' efforts in implementing the high standards set by the directive , in particular in relation to promoting long - term integration of beneficiaries of international protection and to provide support to those member states which are facing challenges in ensuring high standards as part of their asylum systems , due in particular to their geographical or demographic situation . to that end , adequate funding shall be made available to local and regional authorities and international and civil society organisations , including through the possibility for local and regional authorities to directly access the asylum migration and integration fund .


### adults granted international protection shall have access to the general education system , further training or retraining , under the same conditions as third - country nationals legally resident in that member state who are in a comparable situation . ### adults granted international protection shall have access to the general education system , further training or retraining , under the same conditions as nationals .


### with a view to ascertaining whether beneficiaries of international protection are still in need of that protection , determining authorities should review the granted status when the residence permit has to be renewed , for the first time in the case of refugees , and for the first and second time in the case of beneficiaries of subsidiary protection , as well as when a significant relevant change in the beneficiaries ' country of origin occurs as indicated by common analysis and guidance on the situation in the country of origin provided at union level by the agency and the european networks on country of origin information in accordance with articles 8 and 10 of regulation37 . __________________ 37 com271 final . ### with a view to ascertaining whether beneficiaries of international protection are still in need of that protection , determining authorities should review the granted status when a significant relevant change in the beneficiaries ' country of origin occurs as indicated by common analysis and guidance on the situation in the country of origin provided at union level by the agency and the european networks on country of origin information in accordance with articles 8 and 10 of regulation37 . __________________ 37 com271 final .


### the ceas is based on common standards for asylum procedures , recognition and protection offered at union level , reception conditions and a system for determining the member state responsible for asylum seekers . notwithstanding progress achieved so far in the progressive development of the ceas , there are still significant disparities between the member states in the types of procedures used , the recognition rates , the type of protection granted , the level of material reception conditions and benefits given to applicants for and beneficiaries of international protection . these divergences are important drivers of secondary movements and undermine the objective of ensuring that all applicants are equally treated wherever they apply in the union . ### the ceas is based on common standards for asylum procedures , recognition and protection offered at union level , reception conditions and a system for determining the member state responsible for asylum seekers . notwithstanding progress achieved so far in the progressive development of the ceas , there are still significant disparities between the member states in the types of procedures used , the recognition rates , the type of protection granted , the level of material reception conditions and benefits given to applicants for and beneficiaries of international protection . these divergences undermine the objective of ensuring that all applicants are equally treated wherever they apply in the union .


### for the purposes referred to in points , and of paragraph 1 , member states may place additional sustainability requirements for biomass fuels . ### for the purposes referred to in points , and of paragraph 1 , member states may place additional sustainability requirements for biofuels , bioliquids and biomass fuels .


### biomass fuels should be converted into electricity and heat in an efficient way in order to maximise energy security and greenhouse gas savings , as well as to limit emissions of air pollutants and minimise the pressure on limited biomass resources . for this reason , public support to installations with a fuel capacity equal to or exceeding 20 mw , if needed , should only be given to highly efficient combined power and heat installations as defined article 2 of directive 2012 / 27 / eu . existing support schemes for biomass - based electricity should however be allowed until their due end date for all biomass installations . in addition electricity produced from biomass in new installations with a fuel capacity equal to or exceeding 20 mw should only count towards renewable energy targets and obligations in the case of highly efficient combined power and heat installations . in accordance with state aid rules , member states should however be allowed to grant public support for the production of renewables to installations , and count the electricity they produce towards renewable energy targets and obligations , in order to avoid an increased reliance on fossil fuels with higher climate and environmental impacts where , after exhausting all technical and economic possibilities to install highly efficient combined heat and power biomass installations , member states would face a substantiated risk to security of supply of electricity . ### biomass fuels should be converted into electricity and heat in an efficient way in order to maximise energy security and greenhouse gas savings , as well as to limit emissions of air pollutants and minimise the pressure on limited biomass resources . for this reason , public support , including state aid , to installations with a fuel capacity equal to or exceeding 1 mw , if needed , should only be given to highly efficient combined power and heat installations as defined article 2 of directive 2012 / 27 / eu . existing support schemes for biomass - based electricity should however be allowed until their due end date for all biomass installations . in addition electricity produced from biomass in new installations with a fuel capacity equal to or exceeding 1 mw should only count towards renewable energy targets and obligations in the case of highly efficient combined power and heat installations .


### therefore , it is necessary to put an end to the harmonisation of the period covered by summer - time arrangements as laid down in directive 2000 / 84 / ec and to introduce common rules preventing member states from applying different seasonal time arrangements by changing their standard time more than once during the year and establishing the obligation to notify envisaged changes of the standard time . this directive aims at contributing in a determined manner to the smooth functioning of the internal market and should , consequently , be based on article 114 of the treaty on the functioning of the european union , as interpreted in accordance with the consistent case - law of the court of justice of the european union . ### therefore , it is necessary to repeal directive 2000 / 84 / ec concerning summer - time arrangements and to introduce common rules preventing member states from applying different seasonal time arrangements and establishing the obligation to notify and assess the impact of envisaged changes of the standard time . the commission and other member states should then assess the impact of the envisaged change on the functioning of the internal market so as to avoid significant disruptions . this directive aims thus at contributing in a determined manner to the smooth functioning of the internal market and should , consequently , be based on article 114 of the treaty on the functioning of the european union , as interpreted in accordance with the consistent case - law of the court of justice of the european union .


### without prejudice to article 1 , if a member state decides to change its standard time or times in any territory under its jurisdiction , it shall notify the commission at least 6 months before the change takes effect . where a member state has made such a notification and has not withdrawn it at least 6 months before the date of the envisaged change , the member state shall apply this change . ### without prejudice to article 1 , if a member state&#160 ; intends to change its standard time or times in any territory under its jurisdiction , it shall notify the commission and all other member states at latest on 27 march 2020 . where a member state has made such a notification and has not withdrawn it by 24 july 2020 , the member state shall apply this change .


### a lively public debate is taking place on summer - time arrangements and some member states have already expressed their preference to discontinue the application of such arrangements . in the light of these developments , it is necessary to continue safeguarding the proper functioning of the internal market and to avoid any significant disruptions thereto caused by divergences between member states in this area . therefore , it is appropriate to put an end in a coordinated way to summer - time arrangements . ### a lively public debate , with a certain number of citizens’ initiatives highlighting their concerns about biannual seasonal changes to time , is taking place and some member states have already expressed their preference to discontinue the application of such arrangements . the same willingness to end the bi - annual seasonal changes to time has been expressed by 4 . 6 million citizens , representing 84% of respondents , in a public consultation organised by the commission in summer 2018 . in the light of these developments , it is necessary to safeguard the proper functioning of the internal market and to avoid any significant disruptions thereto caused by divergences between member states in this area . therefore , it is appropriate to put an end in a coordinated and harmonised way to biannual seasonal time changes .


### the commission shall report to the european parliament and to the council on the implementation of this directive by 31 december 2024 at the latest . ### the commission shall report to the european parliament and to the council on the implementation of this directive by 31 december 2025 at the latest . in this implementation report , a&#160 ; special emphasis shall be put on the effects on human health . &#160 ;


### member states shall adopt and publish , by 1 april 2019 at the latest , the laws , regulations and administrative provisions necessary to comply with this directive . they shall forthwith communicate to the commission the text of those provisions . ### member states shall adopt and publish , by 1 april 2020 at the latest , the laws , regulations and administrative provisions necessary to comply with this directive . they shall forthwith communicate to the commission the text of those provisions .


### a lively public debate is taking place on summer - time arrangements and some member states have already expressed their preference to discontinue the application of such arrangements . in the light of these developments , it is necessary to continue safeguarding the proper functioning of the internal market and to avoid any significant disruptions thereto caused by divergences between member states in this area . therefore , it is appropriate to put an end in a coordinated way to summer - time arrangements . ### a public consultation on summer - time arrangements held by the commission in july - august 2018 received 4 . 6 million responses , which is the largest number ever received in any commission consultation , and indicated that it is the citizens preference to stop bi - annual clock changes . also , some member states have already expressed their preference to discontinue the application of such arrangements . in the light of these developments , it is necessary to continue safeguarding the proper functioning of the internal market and to avoid any significant disruptions thereto caused by divergences between member states in this area . therefore , it is appropriate to put an end in a coordinated way to summer - time arrangements .


### directive 2000 / 84 / ec is repealed with effect from 1 april 2019 . ### directive 2000 / 84 / ec is repealed with effect from 30 march 2020 .


### within 1 month of the notification , the commission shall inform the other member states thereof and publish that information in the official journal of the european union . ### within 1 month of the notification , the commission shall publish that information in the official journal of the european union and inform the general public .


### without prejudice to article 1 , if a member state decides to change its standard time or times in any territory under its jurisdiction , it shall notify the commission at least 6 months before the change takes effect . where a member state has made such a notification and has not withdrawn it at least 6 months before the date of the envisaged change , the member state shall apply this change . ### without prejudice to article 1 , if a member state decides to change its standard time or times in any territory under its jurisdiction , it shall notify the commission and the other member states of its decision to change its standard time or times in any territory under its jurisdiction at least 9 months before the change takes effect .


### this directive should apply from 1 april 2019 , so that the last summer - time period subject to the rules of directive 2000 / 84 / ec should start , in every member state , at 1 . 00 a . m . , coordinated universal time , on 31 march 2019 . member states that , after that summer - time period , intend to adopt a standard time corresponding to the time applied during the winter season in accordance with directive 2000 / 84 / ec should change their standard time at 1 . 00 a . m . , coordinated universal time , on 27 october 2019 , so that similar and lasting changes occurring in different member states take place simultaneously . it is desirable that member states take the decisions on the standard time that each of them will apply as from 2019 in a concerted manner . ### it is important to avoid that member states opt for different standard times . it is therefore necessary to leave them sufficient time to adopt a harmonised and well - coordinated approach . this directive should apply from 30 march 2020 , so that the last summer - time period subject to the rules of directive 2000 / 84 / ec should start , in every member state , at 1 . 00 a . m . , coordinated universal time , on 29 march 2020 . member states that , after that summer - time period , intend to adopt a standard time corresponding to the time applied during the winter season in accordance with directive 2000 / 84 / ec should change their standard time at 1 . 00 a . m . , coordinated universal time , on 25 october 2020 , so that similar and lasting changes occurring in different member states take place simultaneously . it is desirable that member states take the decisions on the standard time that each of them will apply as from 2020 in a concerted manner .


### member states shall provide the commission with the relevant information by 30 april 2024 at the latest . ### member states shall provide the commission with the relevant information by 30 april 2025 at the latest .


### within 1 month of the notification , the commission shall inform the other member states thereof and publish that information in the official journal of the european union . ### not later than 10 april 2020 , the commission shall publish all notifications that it has received in the official journal of the european union .


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


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


### in order to provide for supplementary rules , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of the identification of family members or relatives of an unaccompanied minor ; the criteria for establishing the existence of proven family links ; the criteria for assessing the capacity of a relative to take care of an unaccompanied minor , including where family members , siblings or relatives of the unaccompanied minor stay in more than one member state ; the elements for assessing a dependency link ; the criteria for assessing the capacity of a person to take care of a dependent person and the elements to be taken into account in order to assess the inability to travel for a significant period of time . in exercising its powers to adopt delegated acts , the commission shall not exceed the scope of the best interests of the child as provided for under article 8 of this regulation . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law - making of 13 april 2016 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and council receive all documents at the same time as member states ' experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts . . ### in order to provide for supplementary rules , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of the identification of family members , relatives or any other family relations of an unaccompanied minor ; the criteria for establishing the existence of proven family links ; the criteria for assessing the capacity of a relative to take care of an unaccompanied minor , including where family members , siblings or relatives of the unaccompanied minor stay in more than one member state ; the elements for assessing a dependency link ; the elements for assessing a private sponsorship ; the criteria for assessing the capacity of a person to take care of a dependent person ; the criteria for assessing the existence of meaningful links to a certain member state , including language skills , education , professional skills or cultural ties ; standard operating protocols for the determination of the best interests of a child and the elements to be taken into account in order to assess the inability to travel for a significant period of time . in exercising its powers to adopt delegated acts , the commission shall not exceed the scope of the best interests of the child as provided for under article 8 of this regulation . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law - making of 13 april 2016 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and council receive all documents at the same time as member states ' experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts . .


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


### of the personal interview pursuant to article 7 and the obligation of submitting and substantiating information regarding the presence of family members , relatives or any other family relations in the member states , including the means by which the applicant can submit such information ; ### of the purpose of the personal interview pursuant to article 7 as well as what information the applicant will be asked to submit during the interview ;


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


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


### where no member state responsible can be designated on the basis of the criteria listed in this regulation , the first member state in which the application for international protection was lodged shall be responsible for examining it . ### where no member state responsible can be designated on the basis of the criteria listed in this regulation , the member state responsible for examining the application for international protection shall be determined in accordance with the procedure laid down in article 24a .


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


### when there is a significant risk of absconding , member states may detain the person concerned in order to secure transfer procedures in accordance with this regulation , on the basis of an individual assessment and only in so far as detention is proportional and other less coercive alternative measures cannot be applied effectively . ### when there is a significant risk of absconding , member states may detain the person concerned in order to secure transfer procedures in accordance with this regulation , on the basis of an individual assessment and only in so far as detention is proportional and other less coercive alternative measures cannot be applied effectively , based on an individual assessment of the applicant ' s circumstances carried out by an independent judge .


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


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


### - when the beneficiary of international protection is a minor and unmarried , the father , mother or another adult responsible for him or her whether by law or by the practice of the member state where the beneficiary is present , ### - when the beneficiary of international protection is a minor , the father , mother or another adult responsible for him or her whether by law or by the practice of the member state where the beneficiary is present ,


### where no transfer decision referred to in paragraph 1 is taken , member states shall provide for an effective remedy before a court or tribunal , where the applicant claims that a family member or , in the case of unaccompanied minors , a relative is legally present in a member state other than the one which is examining his or her application for international protection , and considers therefore that other member state as member state responsible for examining the application . ### where no transfer decision referred to in paragraph 1 is taken , member states shall provide for an effective remedy before a court or tribunal , where the applicant claims that a family member or , in the case of unaccompanied minors , a relative is legally present in a member state other than the one which is examining his or her application for international protection , and considers therefore that other member state as member state responsible for examining the application . the person concerned may exercise his or her right to such an effective remedy as of the day after the deadline for notifying the transfer decision in accordance with article 27 and within a period of at least 15 days from the notification of the transfer decision . for the purpose of exercising the right to an effective remedy in accordance with this paragraph , member states shall notify the applicant in writing that a transfer decision has not been taken within the deadline for the notification of the transfer decision in accordance with article 27 .


### a personal interview with the applicant should be organised in order to facilitate the determination of the member state responsible for examining an application for international protection unless the applicant has absconded or the information provided by the applicant is sufficient for determining the member state responsible . as soon as the application for international protection is lodged , the applicant should be informed in particular of the application of this regulation , of the lack of choice as to which member state will examine his or her asylum application ; of his or her obligations under this regulation and of the consequences of not complying with them ### a personal interview with the applicant should be organised in order to facilitate the determination of the member state responsible for examining an application for international protection . as soon as the application for international protection is registered , the applicant should be informed in particular of the application of this regulation , of the procedure determining which member state will examine his or her asylum application , including the possibility to be transferred to a member state where family members are present and with which the applicant has meaningful links , including language skills , education , professional skills or cultural ties and of his or her obligations under this regulation and of any consequences of not complying with them .


### - when the applicant is a minor and unmarried , the father , mother or another adult responsible for the applicant , whether by law or by the practice of the member state where the adult is present , ### - when the applicant is a minor , the father , mother or another adult responsible for the applicant , whether by law or by the practice of the member state where the adult is present ,


### of the possibility to challenge a transfer decision within 7 days after notification and of the fact that this challenge shall be limited to an assessment of whether articles 3 in relation to the existence of a risk of inhuman or degrading treatment or articles 10 to 13 and 18 are infringed upon ; ### of the applicant ' s right to an effective remedy , in the form of an appeal or a review , in fact and in law , against a transfer decision before a court or tribunal pursuant to article 28 , including in situations where no transfer decision is taken and of the applicable procedure to challenge a transfer decision ;


### the commission shall , by means of implementing acts , draw up a common leaflet , as well as a specific leaflet for unaccompanied minors , containing at least the information referred to in paragraph 1 of this article . this common leaflet shall also include information regarding the application of regulation [ proposal for a regulation recasting regulation no 603 / 2013 ] and , in particular , the purpose for which the data of an applicant may be processed within eurodac . the common leaflet shall be established in such a manner as to enable member states to complete it with additional member state - specific information . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 56 of this regulation . ### the european union agency for asylum shall , in close cooperation with the responsible national agencies , draw up common information material containing at least the information referred to in paragraph 1 of this article . that common information material shall also include information regarding the application of regulation [ proposal for a regulation recasting regulation no 603 / 2013 ] and , in particular , the purpose for which the data of an applicant may be processed within eurodac . the common information material shall be established in such a manner as to enable member states to complete it with additional member state - specific information . the european union agency for asylum shall create specific information material intended particularly for the following target groups : adult applicants ; unaccompanied minors ; accompanied minors . specific information material should be developed for cases where the corrective allocation mechanism applies and when the ordinary procedures under this regulation apply .


### in order to ensure that the aims of this regulation are achieved and obstacles to its application are prevented , in particular in order to avoid absconding and secondary movements between member states , it is necessary to establish clear obligations to be complied with by the applicant in the context of the procedure , of which he or she should be duly informed in a timely manner . violation of those legal obligations should lead to appropriate and proportionate procedural consequences for the applicant and to appropriate and proportionate consequences in terms of his or her reception conditions . in line with the charter of fundamental rights of the european union , the member state where such an applicant is present should in any case ensure that the immediate material needs of that person are covered . ### in order to ensure that the aims of this regulation are achieved and obstacles to its application are prevented , in particular in order to avoid absconding and secondary movements between member states , it is necessary to establish clear obligations to be complied with by the applicant in the context of the procedure , of which he or she should be duly informed in a timely manner . in line with the charter of fundamental rights of the european union , the member state where such an applicant is present should in any case ensure that the reception needs , including access to healthcare , education and housing of that person are covered . the meaning of absconding should be strictly defined , in line with guidelines set up by the eu fundamental rights agency , and based on an assessment of the individual circumstances of the person involved carried out by a judicial authority , as encompassing both a deliberate action to avoid the applicable asylum procedures and the factual circumstance of not remaining available to the relevant authorities . irregular entry , lack of an address or documents proving the identity of an applicant shall never constitute valid criteria to determine the existence of a risk of absconding .


### the process of determining the member state responsible shall start as soon as an application for international protection is first lodged with a member state , provided that the member state of first application is not already the member state responsible pursuant to article 3 or . ### the process of determining the member state responsible shall start as soon as an application for international protection is first lodged with a member state , provided that the member state of first application is not already the member state responsible pursuant to article 3 .


### family members to whom the procedure for allocation applies shall be allocated to the same member state . ### family members and relatives to whom the procedure for allocation applies shall be allocated to the same member state .


### as soon as an application for international protection is lodged within the meaning of article 21 in a member state , its competent authorities shall inform the applicant of the application of this regulation and of the obligations set out in article 4 as well as the consequences of non - compliance set out in article 5 , and in particular : ### as soon as an application for international protection is registered within the meaning of article 27 [ proposal for the asylum procedures regulation ] in a member state , its competent authorities shall inform the applicant of the application of this regulation and in particular :


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


### in the absence of a family member or a relative as referred to in paragraphs 2 and 3 , the member state responsible shall be that where the unaccompanied minor first has lodged his or her application for international protection , unless it is demonstrated that this is not in the best interests of the minor . ### in the absence of a family member or a relative as referred to in paragraphs 2 and 3 , the member state responsible shall be that where the unaccompanied minor has registered his or her application for international protection and is present , unless it is demonstrated that this is not in the best interests of the child . a multidisciplinary best interests assessment shall be carried out in accordance with article 8 in the member state where the minor is present and shall determine whether the member state responsible in line with an assessment of the child ' s best interests is the member state where the minor has made an application , the member state where the minor is present or another member state based on article 14a new .


### assuming responsibility by a member state for examining an application lodged with it in cases when such examination is not its responsibility under the criteria laid down in this regulation may undermine the effectiveness and sustainability of the system and should be exceptional . therefore , a member state should be able to derogate from the responsibility criteria only on humanitarian grounds , in particular for family reasons , before a member state responsible has been determined and examine an application for international protection lodged with it or with another member state , even if such examination is not its responsibility under the binding criteria laid down in this regulation . ### a member state should be able to derogate from the responsibility criteria and examine an application for international protection lodged with it or with another member state , even if such examination is not its responsibility under the binding criteria laid down in this regulation . in order to counter the phenomenon of secondary movements and encourage asylum seekers to apply promptly in the first member state of arrival , an applicant should be allowed to make a written , duly motivated request , in particular on the basis of his or her extended family , cultural or social ties or language skills which would facilitate his or her integration into a specific member state , for his or her application to be examined by the member state where the application was lodged , or for that member state to request another member state to assume responsibility .


### where the transfer cannot be made pursuant to this paragraph to any member state designated on the basis of the criteria set out in chapter iii or to the first member state with which the application was lodged , the determining member state shall become the member state responsible . ### where the transfer cannot be made pursuant to this paragraph to any member state designated on the basis of the criteria set out in chapter iii , the determining member state shall become the member state responsible .


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


### the member state conducting the personal interview shall make a written summary thereof which shall contain at least the main information supplied by the applicant at the interview . this summary may either take the form of a report or a standard form . the member state shall ensure that the applicant and / or the legal advisor or other counsellor who is representing the applicant have timely access to the summary . ### the member state conducting the personal interview shall make a written summary thereof which shall contain at least the main information supplied by the applicant at the interview . the information included in the summary shall be verified by the applicant , where appropriate with the assistance of an interpreter , and , where relevant , by the guardian and / or legal representative during the interview . this summary shall take the form of a report . the member state shall ensure that the applicant and / or the legal advisor or other counsellor who is representing the applicant have timely access to the summary .


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


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


### of the personal interview pursuant to article 7 and the obligation of submitting and substantiating information regarding the presence of family members , relatives or any other family relations in the member states , including the means by which the applicant can submit such information ; ### of the purpose of the personal interview pursuant to article 7 as well as the type of information and evidence that the applicant will have to submit for the purpose of determining the member state responsible , including the means by which the applicant can submit such information ;


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


### where the applicant has a family member , regardless of whether the family was previously formed in the country of origin , who has been allowed to reside as a beneficiary of international protection in a member state , that member state shall be responsible for examining the application for international protection , provided that the persons concerned expressed their desire in writing . ### where the applicant has a family member , regardless of whether the family was previously formed in the country of origin , who is legally residing in a member state , that member state shall be responsible for examining the application for international protection , provided that the persons concerned expressed their desire in writing .


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


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


### a personal interview with the applicant should be organised in order to facilitate the determination of the member state responsible for examining an application for international protection unless the applicant has absconded or the information provided by the applicant is sufficient for determining the member state responsible . as soon as the application for international protection is lodged , the applicant should be informed in particular of the application of this regulation , of the lack of choice as to which member state will examine his or her asylum application ; of his or her obligations under this regulation and of the consequences of not complying with them ### a personal interview with the applicant should be organised in order to facilitate the determination of the member state responsible for examining an application for international protection . as soon as the application for international protection is registered , the applicant should be informed in particular of the application of this regulation , of the procedure determining which member state will examine his or her asylum application , including the possibility to be transferred to a member state where family members are present and with which the applicant has meaningful links , including language skills , education , professional skills or cultural ties and of his or her obligations under this regulation and of any consequences of not complying with them .


### by way of derogation from article 3 and only as long as no member state has been determined as responsible , each member state may decide to examine an application for international protection lodged with it by a third - country national or a stateless person based on family grounds in relation to wider family not covered by article 2 , even if such examination is not its responsibility under the criteria laid down in this regulation . ### by way of derogation from article 3 , each member state may decide to examine an application for international protection lodged with it by a third - country national or a stateless person , even if such examination is not its responsibility under the criteria laid down in this regulation .


### where the requested member state accepts to take charge of an applicant , the requesting member state shall notify the applicant in writing without delay of the decision to transfer him or her to the member state responsible and , where applicable , of not examining his or her application for international protection . ### where the requested member state accepts to take charge of an applicant , the requesting member state shall notify the applicant in writing within 5 days of the decision to transfer him or her to the member state responsible and , where applicable , of not examining his or her application for international protection .


### cluster ' food and natural resources ' ### cluster ' sustainable food , environment and natural resources '


### reflecting the importance of tackling climate change in line with the union ' s commitments to implement the paris agreement and the united nations sustainable development goals , this specific programme will contribute to mainstream climate actions and to the achievement of an overall target of 25 % of the eu budget expenditures supporting climate objectives . actions under this specific programme are expected to contribute 35% of the overall financial envelope of the specific programme to climate objectives . relevant actions will be identified during the specific programme ' s preparation and implementation , and reassessed in the context of the relevant evaluations and review processes . ### acknowledging climate change as one of the biggest and most important global and societal challenges , and reflecting the importance of tackling climate change in line with the union ' s commitments to implement the paris agreement and the united nations sustainable development goals , this specific programme will contribute to mainstream climate actions and to the achievement of an overall target of at least 30 % of the eu budget expenditures supporting climate objectives . actions under this specific programme will contribute at least 50% of the overall financial envelope of the specific programme to climate objectives . relevant actions will be identified during the specific programme ' s preparation and implementation , and reassessed in the context of the relevant evaluations and review processes so that this objective is effectively achieved in a timely manner .


### from 1 january 2025 to 31 december 2029 by 15% ; ### from 1 january 2025 to 31 december 2029 by 25% ;


### in designing the incentive mechanism for the deployment of zero - emission heavy - duty vehicles , also smaller lorries , buses and coaches that are not subject to the co2 emission targets under this regulation should be included . these vehicles also have significant benefits in terms of helping to address air pollution problems in cities . however , it should be noted that zero - emission buses are already on the market and are incentivised through demand - side measures such as public procurement . in order to ensure that the incentives are well balanced between the different types of vehicles , the savings resulting from the zero - emission smaller lorries , buses and coaches should therefore also be subject to a cap . ### in designing the incentive mechanism for the deployment of zero - emission heavy - duty vehicles , also smaller lorries and other types of heavy duty vehicles that are not yet subject to the co2 emission targets under this regulation should be included . these vehicles also have significant benefits in terms of helping to address air pollution problems in cities .


### a reduction target should be set for 2025 as a relative reduction based on the average co2 emissions of those heavy - duty vehicles in 2019 , reflecting the deployment of readily available cost - effective technologies for conventional vehicles . the 2030 target should be considered aspirational and the final target should be determined pursuant to a review to be carried out in 2022 as there are more uncertainties on the uptake of more advanced technologies which are not yet readily available . ### reduction targets should be set for 2025 and 2030 as a relative reduction based on the average co2 emissions of those heavy - duty vehicles in 2019 , reflecting the deployment of readily available cost - effective technologies for conventional vehicles and pursuant to a review to be carried out in 2022 to take into account the rapid development of the market for zero - and low - emission vehicles .


### it is essential for achieving the co2 reductions pursuant to this regulation that the co2 emissions of heavy - duty vehicles in use are in conformity with the values determined pursuant to regulation no 595 / 2009 and its implementing measures . it should therefore be possible for the commission to take into account , in the calculation of the average specific emissions of a manufacturer , any systematic non - conformity found by type approval authorities with regard to the co2 emissions of heavy - duty vehicles in use . ### it is essential for achieving the co2reductions pursuant to this regulation that the co2emissions of heavy - duty vehicles in use and on road are in conformity with the values determined pursuant to regulation no 595 / 2009 and its implementing measures . it should therefore be possible for the commission to take into account , in the calculation of the average specific emissions of a manufacturer , any systematic non - conformity found by type approval authorities with regard to the co2 emissions of heavy - duty vehicles in use and on road .


### the amounts of the excess emissions premium shall be considered as revenue for the general budget of the union . ### the amounts of the excess emissions premium shall be considered as revenue for the general budget of the union . those amounts shall be used only for the purpose of supporting programmes conducted in close cooperation with social partners , promoting the just transition of the automotive sector towards low - emission mobility , and promoting innovative solutions that incentivise the rapid deployment of zero - and low - emission heavy - duty vehicles .


### co2 = zlev × ∑ sg share , sg × mpwsg × avgco2sg ### co2 = ∑ sg share , sg × mpwsg × avgco2sg


### by 31 december 2022 , the commission shall submit a report to the european parliament and the council on the effectiveness of this regulation , the co2 reduction target to be determined for 2030 pursuant to article 1 and the setting of co2 reduction targets to other types of heavy - duty vehicles including trailers . that report shall also include an assessment of the effectiveness of the modalities addressing , in particular , zero - and low - emission vehicles , notably buses taking into account the targets set out in directive 2009 / 33 / ec30 , and the co2 credit system and the appropriateness of prolonging the application of those modalities in 2030 and beyond and , where appropriate , be accompanied by a proposal for amending this regulation . _________________ 30 clean vehicle directive 2009 / 33 / ec as amended by directive … / … / eu ### by 31 december 2022 , the commission shall submit a report to the european parliament and the council on the effectiveness of this regulation , the co2 reduction target to be adjusted for 2030 pursuant to article 1 and the setting of co2 reduction targets to other types of heavy - duty vehicles including trailers . that report shall also include an assessment of the effectiveness of the modalities addressing , in particular , zero - and low - emission vehicles taking also into account the targets set out in directive 2009 / 33 / ec30 , and the appropriateness of prolonging the application of those modalities in 2030 and beyond and , where appropriate , be accompanied by a proposal for amending this regulation . _________________ 30 clean vehicle directive 2009 / 33 / ec as amended by directive … / … / eu


### therefore , the main objective of the energy union governance should be to enable the achievement of the objectives of the energy union and in particular the targets of the 2030 framework for climate and energy . this regulation is therefore linked to sectorial legislation implementing the 2030 targets for energy and climate . while member states need flexibility to choose policies that are best - matched to their national energy mix and preferences , that flexibility should be compatible with further market integration , increased competition , the attainment of climate and energy objectives and the gradual shift towards a low - carbon economy . ### therefore , the main objective of the energy union governance should be to enable the achievement of the objectives of the energy union and in particular the targets of the 2030 framework for climate and energy . this regulation is therefore linked to sectorial legislation implementing the 2030 targets for energy and climate , together with further market integration , ensuring a level - playing field between various technologies and sectors .


### if , on the basis of its aggregate assessment of member states ' integrated national energy and climate progress reports pursuant to article 25 , and supported by other information sources , as appropriate , the commission concludes that the union is at risk of not meeting the objectives of the energy union and , in particular , for the first ten - years period , the targets of the union ' s 2030 framework for climate and energy , it may issue recommendations to all member states pursuant to article 28 to mitigate such risk . the commission shall , as appropriate , take measures at union level in addition to the recommendations in order to ensure , in particular , the achievement of the union ' s 2030 targets for renewable energy and energy efficiency . with regard to renewable energy , such measures shall take into consideration ambitious early efforts by member states to contribute to the union ' s 2030 target . ### if , on the basis of its aggregate assessment of member states ' integrated national energy and climate progress reports pursuant to article 25 and supported by other information sources , as appropriate , the commission concludes that the union is at risk of not meeting the objectives of the energy union and , in particular , for the first ten - years period , the targets of the union ' s 2030 framework for climate and energy , it shall issue recommendations to all member states pursuant to article 28 to mitigate such risk . the commission shall , as appropriate , take measures at union level in addition to the recommendations in order to ensure in particular the achievement of the union ' s 2030 targets for renewable energy and energy efficiency . such measures shall take into consideration the level of compliance by member states with their national binding target and trajectory . in the area of energy efficiency , such additional measures may in particular improve the energy efficiency of : products , pursuant to directive 2010 / 30 / eu and directive 2009 / 125 / ec , buildings , pursuant to directive 2010 / 31 / eu and directive 2012 / 27 / eu and transport .