### for the purpose of compliance with the targets referred to in the first subparagraph of this paragraph , the maximum joint contribution from biofuels and bioliquids produced from cereal and other starch - rich crops , sugars and oil crops shall be no more than the energy quantity corresponding to the maximum contribution as set out in paragraph 4 . ### for the purpose of compliance with the targets referred to in the first subparagraph of this paragraph , the maximum joint contribution from biofuels and bioliquids produced from cereal and other starch - rich crops , sugars and oil crops and other energy crops grown on land shall be no more than the energy quantity corresponding to the maximum contribution as set out in paragraph 4 .


### member states shall seek to achieve the objective of a minimum proportion of biofuels produced from feedstocks and other fuels , listed in part a of annex ix , being consumed on their territory . to that effect , each member state shall set a national target , which it shall endeavour to achieve . a reference value for this target is 0 , 5 percentage points in energy content of the share of energy from renewable sources in all forms of transport in 2020 referred to in the first subparagraph , to be met with biofuels produced from feedstocks and other fuels , listed in part a of annex ix , and which shall be considered to be twice their energy content in accordance with point of this subparagraph and part a of annex ix . in addition , biofuels made from feedstocks not listed in annex ix that were determined to be wastes , residues , non - food cellulosic material or ligno - cellulosic material by the competent national authorities and are used in existing installations prior to the adoption of directive 2014 / … / eu13 of the european parliament and of the council* , may be counted towards the national target . member states may set a national target lower than the reference value of 0 , 5 percentage points , based on one or more of the following grounds : objective factors such as the limited potential for the sustainable production of biofuels produced from feedstocks and other fuels , listed in part a of annex ix , or the limited availability of such biofuels at cost efficient prices on the market , taking into account the assessment contained in the commission report referred to in article 3 of directive 2014 / &#8230 ; / eu . the specific technical or climatic characteristics of the national market for transport fuels , such as the composition and condition of the road vehicle fleet ; or national policies allocating commensurate financial resources to incentivising the use of electricity from renewable energy sources in transport . the commission shall publish : – the national targets of the member states and , where applicable , the grounds for differentiation of their national target as compared to the reference value , notified in accordance with article 4 of directive 2014 / … / eu + ; – a synthesis report on member states ' achievements towards their national targets . ; __________________ + oj : please insert the number of this directive . ### member states shall ensure that they achieve a minimum proportion of biofuels produced from feedstocks and other fuels , listed in parts a and b of annex ix , being consumed on their territory . this target shall be 2 , 5 % of the final consumption of energy in transport in 2020 .


### the report referred to in the first subparagraph shall , if appropriate , be accompanied by a legislative proposal , based on the best available scientific evidence , for introducing adjusted estimated indirect land - use change emissions factors into the appropriate sustainability criteria and by a review of the effectiveness of the incentives provided for biofuels from non - land using feedstocks and non - food crops under article 3 of directive 2009 / 28 / ec . as part of that report , the commission shall , in light of member states ' reports pursuant to article 3 of directive 2009 / 28 / ec , assess the effectiveness of measures taken to prevent and fight fraud , and shall , if appropriate , submit proposals for further measures , including on additional measures to be taken at union level . ### the report referred to in the first subparagraph shall be accompanied by a review of the effectiveness of the incentives provided for biofuels from non land using feedstocks under article 3 of directive 2009 / 28 / ec and under article 7a of directive 98 / 70ec , and if appropriate , by a legislative proposal for a greenhouse gas reduction trajectory after 2020 under directive 98 / 70 / ec . it shall include an assessment of the availability of such biofuels and of their environmental , economic and social impacts . it shall inter alia assess the impact of biofuel production on the availability of wood as a resource and on sectors using biomass . the report shall , if appropriate , be accompanied by a legislative proposal for establishing appropriate sustainability criteria for biofuels from non - land using feedstocks and non - food crops . investors shall take into account that biofuel production technologies are still under development and further measures to mitigate negative impacts may be adopted at a later stage . as part of that report , the commission shall , in light of member states ' reports pursuant to article 3 of directive 2009 / 28 / ec , assess the effectiveness of measures taken to prevent and fight fraud , and shall , if appropriate , submit proposals for further measures , including on additional measures to be taken at union level .


### the enlargement policy of the union is an investment in peace , security and stability in europe . it provides increased economic and trade opportunities to the mutual benefit of the union and the aspiring member states . the prospect of union membership has a powerful transformative effect , embedding positive democratic , political , economic and societal change . ### the enlargement policy of the union is an investment in peace , security and stability in europe . it provides increased economic and trade opportunities to the mutual benefit of the union and the aspiring member states while respecting the principle of asymmetric and progressive integration to ensure a smooth transformation for the fragile economies of the aspiring member states . the prospect of union membership has a powerful transformative effect , embedding positive democratic , political , economic and societal change .


### assistance should also be provided in compliance with the agreements concluded by the union with the beneficiaries listed in annex i . assistance should mainly focus on assisting the beneficiaries listed in annex i to strengthen democratic institutions and the rule of law , reform the judiciary and public administration , respect fundamental rights and promote gender equality , tolerance , social inclusion and non - discrimination . assistance should also support the key principles and rights as defined in the european pillar of social rights . 17 assistance should continue to support their efforts to advance regional , macro - regional and cross - border cooperation as well as territorial development , including through implementation of union macro - regional strategies . it should also enhance their economic and social development and economic governance , underpinning a smart , sustainable and inclusive growth agenda , including through implementation of regional development , agriculture and rural development , social and employment policies and the development of the digital economy and society , also in line with the flagship initiative digital agenda for the western balkans . _________________ 17 european pillar of social rights solemnly proclaimed by the european parliament , the council and the commission at the gothenburg social summit for fair jobs and growth , gothenburg 17 november 2017 . ### assistance should also be provided in compliance with the agreements concluded by the union with the beneficiaries listed in annex i . assistance should mainly focus on assisting the beneficiaries listed in annex i to strengthen democratic institutions and the rule of law , reform the judiciary and public administration , respect fundamental rights and promote gender equality , tolerance , social inclusion and non - discrimination . assistance should also support the key principles and rights as defined in the european pillar of social rights . 17 assistance should continue to support their efforts to advance regional , macro - regional and cross - border cooperation as well as territorial development , including through implementation of union macro - regional strategies . it should also enhance their economic and social development and economic governance , foster economic integration with the eu single market , including customs cooperation , underpinning a smart , sustainable and inclusive growth agenda , including through implementation of regional development , agriculture and rural development , social and employment policies and the development of the digital economy and society , also in line with the flagship initiative digital agenda for the western balkans . _________________ 17 european pillar of social rights solemnly proclaimed by the european parliament , the council and the commission at the gothenburg social summit for fair jobs and growth , gothenburg 17 november 2017 .


### to reinforce the effectiveness of public administration and support structural reforms and good governance at all levels ; ### to reinforce the effectiveness of public administration , the rule of law and support structural reforms and good governance at all levels ;


### to shape the rules , standards , policies and practices of the beneficiaries listed in annex i in alignment to those of the union and to reinforce reconciliation and good neighbourly relations , as well as people to people contacts and communication ; ### to shape the rules , standards , policies and practices of the beneficiaries listed in annex i in alignment to those of the union , also with a view to fully benefitting from the bilateral economic integration instruments provided by stabilisation and association agreements , and to reinforce reconciliation and good neighbourly relations , as well as people to people contacts and communication ;


### the resources of the asylum , migration and integration fund should be mobilised to provide adequate support to member states ' efforts in applying this regulation , in particular to those member states which are faced with specific and disproportionate pressures on their asylum and reception systems . ### the resources of the asylum , migration and integration fund should be mobilised to provide adequate support to member states ' efforts in applying this regulation , in particular to those member states which are faced with specific and disproportionate pressures on their asylum and reception systems . 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 .


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


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


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


### the best interests of the child should be a primary consideration of member states when applying this regulation , in accordance with article 24 of the charter and the 1989 united nations convention on the rights of the child . in assessing the best interests of the child , member states should in particular take due account of the minor’s well - being and social development , including his or her background . in view of article 12 of the united nations convention on the rights of the child concerning the child ' s right to be heard , the determining authority shall provide a minor the opportunity of a personal interview unless this is manifestly not in the minor ' s best interests . ### the best interests of the child should be a primary consideration of member states when applying this regulation , in accordance with article 24 of the charter and the 1989 united nations convention on the rights of the child . in assessing the best interests of the child , member states should in particular take due account of the minor’s well - being and social development , including his or her background . in view of article 12 of the united nations convention on the rights of the child concerning the child ' s right to be heard , the determining authority shall provide a minor the opportunity of a personal interview unless this is manifestly not in the minor ' s best interests . border , admissibility and accelerated procedures should never be applied to unaccompanied minors . minors should never be detained as part of border procedures , at transit zones , external borders or at any stage during the determination of their asylum application .


### the common procedure streamlines the time - limits for an individual to accede to the procedure , for the examination of the application by the determining authority as well as for the examination of first level appeals by judicial authorities . whereas a disproportionate number of simultaneous applications may risk delaying access to the procedure and the examination of the applications , a measure of flexibility to exceptionally extend those time - lines may at times be needed . however , to ensure an effective process , extending those time - limits should be a measure of last resort considering that member states should regularly review their needs to maintain an efficient asylum system , including by preparing contingency plans where necessary , and considering that the european union agency for asylum should provide member states with the necessary operational and technical assistance . where member states foresee that they would not be able to meet the set time - limits , they should request assistance from the european union agency for asylum . where no such request is made , and because of the disproportionate pressure the asylum system in a member state becomes ineffective to the extent of jeopardising the functioning of common european asylum system , the agency may , based on an implementing decision of the commission , take measures in support of that member state . ### the common procedure streamlines the time - limits for an individual to accede to the procedure , for the examination of the application by the determining authority as well as for the examination of first level appeals by judicial authorities . whereas a disproportionate number of simultaneous applications may risk delaying access to the procedure and the examination of the applications , a measure of flexibility to exceptionally extend those time - lines may at times be needed . however , to ensure an effective process , extending those time - limits should be strictly limited and a measure of last resort considering that member states should regularly review their needs to maintain an efficient asylum system , including by preparing contingency plans where necessary , and considering that the european union agency for asylum should provide member states with the necessary operational and technical assistance . where member states foresee that they would not be able to meet the set time - limits , they should request assistance from the european union agency for asylum . where no such request is made , and because of the disproportionate pressure the asylum system in a member state becomes ineffective to the extent of jeopardising the functioning of common european asylum system , the agency may , based on an implementing decision of the commission , take measures in support of that member state .


### an application should be registered as soon as it is made . at this stage , the authorities responsible for receiving and registering applications , including border guards , police , immigration authorities and authorities responsible for detention facilities should register the application together with the personal details of the individual applicant . those authorities should inform the applicant of his or her rights and obligations , as well as the consequences for the applicant in case of non - compliance with those obligations . the applicant should be given a document certifying that an application has been made . the time limit for lodging an application starts to run from the moment an application is registered . ### an application should be registered as soon as it is made . at this stage , the authorities responsible for receiving and registering applications , including border guards , police , immigration authorities and authorities responsible for detention facilities should register the application together with the personal details of the individual applicant . the applicant ' s lack of documentation should not prevent member states from carrying out the registration procedures . those authorities should inform the applicant of his or her rights and obligations , as well as the consequences for the applicant in case of non - compliance with those obligations . the applicant should be given a document certifying that an application has been made . the time limit for lodging an application starts to run from the moment an application is registered .


### as long as an applicant can show good cause , the lack of documents on entry or the use of forged documents should not per se entail an automatic recourse to an accelerated examination procedure or a border procedure . ### the lack of documents on entry , the use of forged documents or the refusal to carry out a medical examination should not per se entail a negative determination on the application for international protection .


### where an applicant either explicitly withdraws his or her application of his or her own motion , or does not comply with the obligations arising from this regulation , regulation no xxx / xxx or directive xxx / xxx / eu thereby implicitly withdraws his or her application , the application should not be further examined and it should be rejected as explicitly withdrawn or abandoned , and any application in the member states by the same applicant further after that decision should be considered to be a subsequent application . however , the implicit withdrawal should not be automatic but the applicant should be allowed the opportunity to report to the determining authority and demonstrate that the failure to comply with those obligations was due to circumstances beyond his control . ### where an applicant explicitly withdraws his or her application of his or her own motion , the application should not be further examined and it should be rejected as explicitly withdrawn .


### the application of this regulation should be evaluated at regular intervals . ### the application of this regulation should be evaluated at regular intervals . in particular in relation to the application of section iii of this regulation .


### ' applicant in need of special procedural guarantees ' means an applicant whose ability to benefit from the rights and comply with the obligations provided for in this regulation is limited due to individual circumstances ; ### ' applicant in need of special procedural guarantees ' means an applicant whose ability to benefit from the rights and comply with the obligations provided for in this regulation is limited due to individual circumstances or specific vulnerabilities ;


### ' subsequent application ' means a further application for international protection made in any member state after a final decision has been taken on a previous application including cases where the application has been rejected as explicitly withdrawn or as abandoned following its implicit withdrawal ; ### ' subsequent application ' means a second or further application for international protection made in any member state after a final decision has been taken on previous applications based on the same elements in fact and in law as previous applications , &#160 ; including cases where the application has been rejected as explicitly withdrawn ;


### authorities responsible for detention facilities . ### authorities responsible for detention or reception facilities .


### the applicant shall inform the determining authority of the member state in which he or she is required to be present of his or her place of residence or address or a telephone number where he or she may be reached by the determining authority or other responsible authorities . he or she shall notify that determining authority of any changes . the applicant shall accept any communication at the most recent place of residence or address which he or she indicated accordingly , in particular when he or she lodges an application in accordance with article 28 . ### the applicant shall inform the determining authority of the member state in which he or she has registered an application for international protection of his or her place of residence or address or a telephone number or email address where he or she may be reached by the determining authority or other responsible authorities . he or she shall notify that determining authority of any changes . the applicant shall accept any communication at the most recent place of residence or address which he or she indicated accordingly , in particular when he or she lodges an application in accordance with article 28 .


### the outcome of the decision of the determining authority , the reasons for that decision , as well as the consequence of a decision refusing to grant international protection and the manner in which to challenge such a decision . ### the outcome of the decision of the determining authority , the reasons for that decision , as well as the consequence of a decision refusing to grant international protection and the deadlines and manner in which to challenge such a decision .


### before a decision is taken by the determining authority on the merits of an application for international protection , the applicant shall be given the opportunity of a substantive interview on his or her application . ### before a decision is taken by the determining authority on the merits of an application for international protection , the applicant shall be accorded the right to be heard and given the opportunity of a substantive interview on his or her application .


### before a decision is taken by the determining authority on the admissibility of an application for international protection , the applicant shall be given the opportunity of an interview on the admissibility of his or her application . ### before a decision is taken by the determining authority on the admissibility of an application for international protection , the applicant shall be accorded the right to be heard and&#160 ; given the opportunity of an interview on the admissibility of his or her application .


### the applicant shall be given an opportunity of a personal interview on his or her application in accordance with the conditions established in this regulation . ### the applicant shall be accorded the right to be heard and given an opportunity of a personal interview on his or her application in accordance with the conditions established in this regulation .


### the applicant shall be given the opportunity to make comments or provide clarification orally or in writing with regard to any incorrect translations or misunderstandings appearing in the report or in the transcript , at the end of the personal interview or within a specified time limit before the determining authority takes a decision . to that end , the applicant shall be informed of the entire content of the report or of the substantive elements of the transcript , with the assistance of an interpreter , where necessary . the applicant shall then be requested to confirm that the content of the report or the transcript correctly reflects the personal interview . ### the applicant shall be given the opportunity to make comments or provide clarification orally or in writing with regard to any incorrect translations or misunderstandings or other factual mistakes appearing in the report or in the transcript , at the end of the personal interview or within a specified time limit before the determining authority takes a decision . to that end , the applicant shall be informed of the entire content of the report or of the substantive elements of the transcript , with the assistance of an interpreter , where necessary . the applicant shall then be requested to confirm that the content of the report or the transcript correctly reflects the personal interview .


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


### without prejudice to the applicant ' s right to choose his or her own legal adviser or other counsellor at his or her own cost , an applicant may request free legal assistance and representation at all stages of the procedure in accordance with articles 15 to 17 . the applicant shall be informed of his or her right to request free legal assistance and representation at all stages of the procedure . ### without prejudice to the applicant ' s right to choose his or her own legal adviser or other counsellor at his or her own cost , an applicant may request free legal assistance and representation at all stages of the procedure in accordance with articles 15 to 17 . the applicant shall effectively be informed as soon as possible and at the latest when registering the application of his or her right to request free legal assistance and representation at all stages of the procedure .


### member states shall lay down specific procedural rules concerning the modalities for filing and processing requests for the provision of free legal assistance and representation in relation to applications for international protection or they shall apply the existing rules for domestic claims of a similar nature , provided that those rules do not render access to free legal assistance and representation impossible or excessively difficult . ### member states shall lay down specific procedural rules concerning the modalities for filing and processing requests for the provision of free legal assistance and representation in relation to applications for international protection which shall not be more restrictive than the existing rules for domestic claims of a similar nature , provided that those rules do not render access to free legal assistance and representation impossible or excessively difficult .


### the responsible authorities shall address the need for special procedural guarantees as set out in this article even where that need becomes apparent at a later stage of the procedure , without having to restart the procedure for international protection . ### the responsible authorities shall address the need for special procedural guarantees as set out in this article also where that need becomes apparent or is raised at a later stage of the procedure , without having to restart the procedure for international protection .


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


### the medical examination to determine the age of unaccompanied minors shall not be carried out without their consent or the consent of their guardians . ### the medical examination to determine the age of unaccompanied minors shall not be carried out without their consent and the consent of their guardians .


### an application for international protection shall be made when a third - country national or stateless person expresses a wish for international protection to officials of the determining authority or other authorities referred to in article 5 or . ### an application for international protection shall be considered as made when a third - country national or stateless person expresses a wish for international protection to officials of the determining authority or other authorities referred to in article 5 or .


### the type and number of any identity or travel document of the applicant ; ### the type and number of any identity or travel document of the applicant if available ;


### the applicant shall lodge the application within ten working days from the date when the application is registered provided that he or she is given an effective opportunity to do so within that time - limit . ### the applicant shall lodge the application within 20 working days from the date when the application is registered or at the latest at the date of the appointment given in accordance with paragraph 5 , &#160 ; provided that he or she is given an effective opportunity to do so within that time - limit . where free legal assistance is requested , the time period for lodging the application shall start to run upon the appointment of a legal advisor or other counsellor , or where the provision of free legal assistance and representation is refused in accordance with article 15 .


### when lodging an application , applicants are required to submit all the elements referred to in article 4 of regulation no xxx / xxx needed for substantiating their application . following the lodging of their application , applicants shall be authorised to submit any additional elements relevant for its examination until a decision under the administrative procedure is taken on the application . ### when lodging an application , applicants are required to submit all the elements in their possession referred to in article 4 of regulation no xxx / xxx needed for substantiating their application . following the lodging of their application , applicants shall be authorised to submit any additional elements relevant for its examination until a decision under the administrative procedure is taken on the application .


### the authority responsible for receiving and registering applications for international protection shall inform the applicant that after the decision is taken on the application he or she may bring forward only new elements which are relevant for the examination of his or her application and which he or she could not have been aware of at an earlier stage or which relate to changes to his or her situation . ### the authority responsible for receiving and registering applications for international protection shall inform the applicant that after the decision is taken on the application he or she may bring forward any new elements which are relevant for the examination of his or her application and which he or she could not have been aware of or could have not provided at an earlier stage or which relate to changes to his or her situation .


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


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


### where there are indications that third - country nationals or stateless persons held in detention facilities or present at border crossing points , including transit zones , at external borders , may need international protection , the responsible authorities shall inform them of the possibility to apply for international protection , in particular , where : ### the responsible authorities shall inform all third - country nationals or stateless persons held in detention facilities or present at border crossing points , including transit zones , at external borders of the right to apply for international protection and promptly refer them to the competent asylum authorities .


### the examination to determine the admissibility of an application in accordance with article 36 shall not take longer than one month from the lodging of an application . ### the examination to determine the admissibility of an application in accordance with article 36 shall not take longer than one month from the lodging of an application . where the determining authority does not determine the admissibility of an application within one month , it shall continue the examination of the application in accordance with paragraph 2 and 3 and article 37 and shall inform the applicant accordingly .


### where the determining authority considers that the examination of the application involves issues of fact or law that are complex to be examined under an accelerated examination procedure , it may continue the examination on the merits in accordance with articles 34 and 37 . in that case , or where otherwise a decision cannot be taken within the time - limits referred to in paragraph 2 , the applicant concerned shall be informed of the change in the procedure . ### where the determining authority considers that the examination of the application involves issues of fact or law that are too complex to be examined under an accelerated examination procedure , or where a decision cannot be taken within the time - limits referred to in paragraph 2 , it shall continue the examination on the merits in accordance with articles 34 and 37 . in that case , the applicant concerned shall be informed of the change in the procedure .


### where the third country in question does not admit or readmit the applicant to its territory , the determining authority shall revoke the decision rejecting the application as inadmissible and shall give access to the procedure in accordance with the basic principles and guarantees provided for in chapter ii and section i of chapter iii . ### where the third country in question does not admit or readmit the applicant to its territory , the determining authority shall revoke the decision rejecting the application and shall give access to the procedure in accordance with the basic principles and guarantees provided for in chapter ii and section i of chapter iii .


### the assessment of whether a third country may be designated as a safe third country in accordance with this regulation shall be based on a range of sources of information , including in particular information from member states , the european union agency for asylum , the european external action service , the united nations high commissioner for refugees , the council of europe and other relevant organisations . ### the assessment of whether a third country may be designated as a safe third country in accordance with this regulation shall be based on the individual circumstances of the applicant and on a on a range of sources of information , including in particular information from member states , the european union agency for asylum , the european external action service , the united nations high commissioner for refugees , the council of europe and other relevant organisations .


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


### for the purposes of point , member states may provide for an ex officio review of decisions taken pursuant to a border procedure . ### member states shall provide for an ex officio review of decisions taken pursuant to a border procedure or of decisions issued while the applicant is held in detention .


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


### this regulation , together with [ regulation 2018 / xx on interoperability police and judicial cooperation , asylum and migration ] , establishes a framework to ensure the interoperability between the entry / exit system , the visa information system , [ the european travel information and authorisation system ] , eurodac , the schengen information system , and [ the european criminal records information system for third - country nationals ] in order for those systems and data to supplement each other . ### this regulation , together with [ regulation 2018 / xx on accessibility police and judicial cooperation , asylum and migration ] , establishes a framework to ensure the better accessibility of the entry / exit system , the visa information system , [ the european travel information and authorisation system ] , eurodac , the schengen information system , and [ the european criminal records information system for third - country nationals ] in order to search for persons in specific cases and under specific conditions based on their identity data or their fingerprint data .


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


### this regulation also adapts the procedures and conditions for member state law enforcement authorities and for the european union agency for law enforcement cooperation access to the entry / exit system , the visa information system , [ the european travel information and authorisation system , ] and eurodac for the purposes of the prevention , detection and investigation of terrorist offences or of other serious criminal offences falling under their competence . ### this regulation also adapts the procedures and conditions for member state law enforcement authorities and for the european union agency for law enforcement cooperation access in specific cases and under specific conditions to the entry / exit system , the visa information system , [ the european travel information and authorisation system , ] and eurodac for the purposes of the prevention , detection and investigation of terrorist offences or of other serious criminal offences falling under their competence .


### improving and harmonising data quality requirements of the respective eu information systems ; ### improving and harmonising data quality requirements of the respective eu information systems while respecting the data processing requirements of the legal bases of the individual systems , data protection standards and principles ;


### strengthening and simplifying and making more uniform the data security and data protection conditions that govern the respective eu information systems ; ### strengthening and making more uniform the data security and data protection conditions that govern the respective eu information systems without prejudice to the special protection and safeguards afforded to certain categories of data ;


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


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


### the eu information systems and the interpol databases queried ; ### the eu information systems and the europol and interpol databases queried ;


### the logs may be used only for data protection monitoring , including checking the admissibility of a query and the lawfulness of data processing , and for ensuring data security pursuant to article 42 . those logs shall be protected by appropriate measures against unauthorised access and erased one year after their creation , unless they are required for monitoring procedures that have already begun . ### the logs may be used only for data protection monitoring , including checking the admissibility of a query and the lawfulness of data processing , and for ensuring data security pursuant to article 42 . those logs shall be protected by appropriate measures against unauthorised access and erased five years after their creation , unless they are required for monitoring procedures that have already begun . the european data protection supervisor shall perform an audit of these logs at least every two years and publish a report about the audit .


### the logs may be used only for data protection monitoring , including checking the admissibility of a query and the lawfulness of data processing , and for ensuring data security pursuant to article 42 . those logs shall be protected by appropriate measures against unauthorised access and erased one year after their creation , unless they are required for monitoring procedures that have already begun . the logs referred to in paragraph 1 shall be erased once the data is erased . ### the logs may be used only for data protection monitoring , including checking the admissibility of a query and the lawfulness of data processing , and for ensuring data security pursuant to article 42 . those logs shall be made available to the competent supervisory authority on request . they shall be protected by appropriate measures against unauthorised access and erased five years after their creation , unless they are required for monitoring procedures that have already begun . the european data protection supervisor shall perform an audit of these logs at least every two years and publish a report about the audit .


### data stored in the shared biometric matching service ### data accessed by in the shared biometric matching service


### the shared bms shall store the biometric templates that it shall obtain from the following biometric data : ### the shared bms shall , for each query , access the following biometric data :


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


### eu - lisa shall establish common data quality indicators and the minimum quality standards to store data in the ees , the [ etias ] , the vis , the sis , the shared bms , the cir and the mid . ### eu - lisa shall establish common data quality indicators and the minimum quality standards to store data in or access data through the ees , the [ etias ] , the vis , the sis , and the shared bms .


### eu - lisa shall provide regular reports on the automated data quality control mechanisms and procedures and the common data quality indicators to the member states . eu - lisa shall also provide a regular report to the commission covering the issues encountered and the member states concerned . ### eu - lisa shall provide regular reports on the automated data quality control mechanisms and procedures and the common data quality indicators to the member states . eu - lisa shall also provide a regular report to the commission , the council , the european parliament , the european data protection supervisor , the european data protection board and the fundamental rights agency , covering the issues encountered and the member states concerned . no reports provided under this paragraph shall contain any personal data


### one year after the establishment of the automated data quality control mechanisms and procedures and common data quality indicators and every year thereafter , the commission shall evaluate member state implementation of data quality and shall make any necessary recommendations . the member states shall provide the commission with an action plan to remedy any deficiencies identified in the evaluation report and shall report on any progress against this action plan until it is fully implemented . the commission shall transmit the evaluation report to the european parliament , to the council , to the european data protection supervisor and to the european union agency for fundamental rights established by council regulation no 168 / 2007 . 75 _________________ 75 council regulation no 168 / 2007 of 15 february 2007 establishing a european union agency for fundamental rights . ### one year after the establishment of the automated data quality control mechanisms and procedures and common data quality indicators and every year thereafter , the commission shall evaluate member state implementation of data quality and shall make any necessary recommendations . the member states shall provide the commission with an action plan to remedy any deficiencies identified in the evaluation report and shall report on any progress against this action plan until it is fully implemented . the commission shall transmit the evaluation report to the european parliament , to the council , to the european data protection supervisor , the european data protection board and to the european union agency for fundamental rights established by council regulation no 168 / 2007 . 75 _________________ 75 council regulation no 168 / 2007 of 15 february 2007 establishing a european union agency for fundamental rights .


### in relation to the processing of data in the shared biometric matching service , the member state authorities that are controllers for the vis , ees , and sis respectively , shall also be considered as controllers in accordance with article 4 of regulation 2016 / 679 in relation to the biometric templates obtained from the data referred to in article 13 that they enter into respective systems and shall have responsibility for the processing of the biometric templates in the shared bms . ### in relation to the processing of data in the shared biometric matching service , the member state authorities that are controllers for the vis , ees , and sis respectively , shall also be considered as controllers in accordance with article 4 of regulation 2016 / 679 or article 3 of directive 2016 / 680 in relation to the biometric templates obtained from the data referred to in article 13 that they enter into respective systems and shall have responsibility for the processing of the biometric templates in the shared bms .


### each member state shall apply its rules of professional secrecy or other equivalent duties of confidentiality to all persons and bodies required to work with sis data accessed through any of the interoperability components in accordance with its national law . that obligation shall also apply after those persons leave office or employment or after the termination of the activities of those bodies . ### each member state shall apply its rules of professional secrecy or other equivalent duties of confidentiality to all persons and bodies&#160 ; allowed to work with sis data accessed through any of the interoperability components in accordance with its national law . that obligation shall also apply after those persons leave office or employment or after the termination of the activities of those bodies .


### any event that has or may have an impact on the security of the interoperability components and may cause damage to or loss of data stored in them shall be considered to be a security incident , in particular where unauthorised access to data may have occurred or where the availability , integrity and confidentiality of data has or may have been compromised . ### any event that has or may have an impact on the security of the interoperability components and may cause unauthorised access to , damage to or loss of data stored in them shall be considered to be a security incident , in particular where unauthorised access to data may have occurred or where the availability , integrity and confidentiality of data has or may have been compromised .


### without prejudice to the notification and communication of a personal data breach pursuant to article 33 of regulation 2016 / 679 , article 30 of directive 2016 / 680 , or both , member states shall notify the commission , eu - lisa and the european data protection supervisor of security incidents . in the event of a security incident in relation to the central infrastructure of the interoperability components , eu - lisa shall notify the commission and the european data protection supervisor . ### without prejudice to the notification and communication of a personal data breach pursuant to article 33 of regulation 2016 / 679 , article 30 of directive 2016 / 680 , or both , member states shall notify the commission , eu - lisa and the european data protection supervisor of security incidents . without prejudice to article 35 of regulation 45 / 2001 [ or article 37 of regulation xx / 2018 of the european parliament and of the council on the protection of individuals with regard to the processing of personal data by the union institutions , bodies , offices and agencies and on the free movement of such data , and repealing regulation no 45 / 2001 and decision no 1247 / 2002 / ec ] and article 34 of regulation 2016 / 794 , [ the etias central unit ] and europol shall notify the commission , eu - lisa and the european data protection supervisor of any security incident . in the event of a security incident in relation to the central infrastructure of the accessibility components , eu - lisa shall notify the commission and the european data protection supervisor .


### member states and the relevant eu bodies shall ensure that each authority entitled to access the interoperability components takes the measures necessary to monitor its compliance with this regulation and cooperates , where necessary , with the supervisory authority . ### member states and the relevant eu bodies shall ensure that each authority entitled to access the accessibility components takes the measures necessary to monitor its compliance with this regulation and cooperates , where necessary , with the competent supervisory authority .


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


### to better exploit economies of scale in the defence industry , the programme should support the cooperation between undertakings in the development of defence products and technologies . ### to better exploit economies of scale in the defence industry , the programme should support the cooperation between member states in the development of defence products and technologies .


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


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


### cross - border collaboration in the development of defence products and technologies has often been hampered by the difficulty to agree on common technical specifications . the absence or limited level of common technical specifications have led to increased complexity , delays and inflated costs in the development phase . the agreement on common technical specifications should be a condition in order to benefit from the union ' s support under this programme . actions aiming at supporting the creation of a common definition of technical specifications should also be eligible for support under the programme . ### cross - border collaboration in the development of defence products and technologies has often been hampered by the difficulty to agree on common technical specifications . the absence or limited level of common technical specifications have led to increased complexity , delays and inflated costs in the development phase . the agreement on common technical specifications should be a condition in order to benefit from the union ' s administrative support under this programme . actions aiming at supporting the creation of a common definition of technical specifications should also be eligible for support under the programme .


### as the programme aims at enhancing the competitiveness of the union ' s defence industry , only entities established in the union and effectively controlled by member states or their nationals should be eligible for support . additionally , in order to ensure the protection of essential security interests of the union and its member states , the infrastructure , facilities , assets and resources used by the beneficiaries and subcontractors in actions funded under the programme , shall not be located on the territory of non - member states . ### as the programme aims at enhancing the cooperation of member states leading to efficiency gains in the union ' s defence industry , only entities established in the union and effectively controlled by member states or their nationals should be eligible for support . additionally , in order to ensure the protection of essential security interests of the union and its member states , the infrastructure , facilities , assets and resources used by the participants and subcontractors in actions supported under the programme , shall not be located on the territory of non - member states and shall not be subject to control or restrictions by third - countries , undertakings or public entities in third countries . .


### the promotion of innovation and technological development in the union defence industry should take place in a manner coherent with the security interests of the union . accordingly , the action ' s contribution to those interests and to the defence capability priorities commonly agreed by member states should serve as an award criterion . within the union , common defence capability priorities are identified notably through the capability development plan . other union processes such as the coordinated annual review on defence and the permanent structured cooperation will support the implementation of relevant priorities through enhanced cooperation . where appropriate regional or international cooperative initiatives , such as in the nato context , and serving the union security and defence interest , may also be taken into account . ### the promotion of innovation and technological development in the union defence industry should take place in a manner coherent with the security interests of the union as defined objectively within the context of the common security and defence policy . accordingly , the action ' s contribution to those interests and to the defence capability priorities commonly agreed by member states within the context of the csdp should serve as an award criterion . within the union , common defence capability priorities are identified notably through the capability development plan . other union processes such as the coordinated annual review on defence and the permanent structured cooperation will support the implementation of relevant priorities through enhanced cooperation .


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


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


### the commission should draw up an implementation report at the end of the programme , examining the financial activities in terms of financial implementation results and where possible , impact . this report should also analyse the cross border participation of smes in projects under the programme as well as the participation of smes to the global value chain . ### the commission should monitor implementation and draw up an interim progress report every six months and an implementation report at the end of the programme , examining the financial activities in terms of financial implementation results and where possible , impact . this report should also analyse the cross border participation of smes in projects under the programme as well as the participation of smes to the global value chain . the interim progress reports and the implementation report at the end of the programme should be presented to the european parliament .


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


### the design of a defence product , tangible or intangible component or technology as well as the technical specifications on which such design has been developed ; ### the design of a defence product or a product supporting the undertakings ' aim to convert from military to civil production , tangible or intangible component or technology as well as the technical specifications on which such design has been developed ;


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


### award criteria ### selection criteria


### actions proposed for funding under the programme shall be evaluated on the basis of the following cumulative criteria : ### actions proposed for inclusion in the programme and eligible for administrative support shall be evaluated on the basis of the following cumulative criteria :


### viability notably via a demonstration by the beneficiaries that the remaining costs of the eligible action are covered by other means of financing such as member states’ contributions ; and ### viability notably via a demonstration by the participants that the costs of the eligible action are covered by means of financing such as member states’ contributions and the athena mechanism ; and


### for actions described in points to of article 6 , the contribution to the competitiveness of the european defence industry through the demonstration by the beneficiaries that member states have committed to jointly produce and procure the final product or technology in a coordinated way , including joint procurement where applicable . ### for actions described in points to of article 6 , the contribution to a more efficient and integrated european defence industry , inter alia , through the demonstration by the participants that member states have committed to jointly produce and procure the final product or technology in a coordinated way , including joint procurement where applicable .


### the work programme shall set out in detail the categories of projects to be funded under the programme ; ### the work programme shall set out in detail the categories of projects to be included in the programme as well as the commitment of the member states for financing their implementation ;


### in order to take full advantage of the competitive environment , professional users should be able to make informed choices and easily compare the individual components of various data storage or other processing services offered in the internal market , including as to the contractual conditions of porting data upon the termination of a contract . in order to align with the innovation potential of the market and to take into account the experience and expertise of the providers and professional users of data storage or other processing services , the detailed information and operational requirements for data porting should be defined by market players through self - regulation , encouraged and facilitated by the commission , in the form of union codes of conduct which may entail model contract terms . nonetheless , if such codes of conduct are not put in place and effectively implemented within a reasonable period of time , the commission should review the situation . ### in order to take full advantage of the competitive environment , users should be able to make informed choices and easily compare the individual components of various data storage or other processing services offered in the internal market , including as to the contractual conditions of porting data upon the termination of a contract . in order to implement the right to data portability , the detailed information and operational requirements for data porting , including the porting of data by the providers on behalf of the user , should be defined by market players through self - regulation , encouraged and facilitated by the commission , in the form of union codes of conduct which may entail model contract terms . these codes of conduct should stipulate that vendor lock - in is not an acceptable business practice , shall make use of open standards and open specifications and provide for trust increasing technologies like encryption . nonetheless , if such codes of conduct are not put in place and effectively implemented within the set period of time , or if there is cause for concern , the commission should review the situation .


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


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


### the internal market has to continuously adapt to a rapidly changing environment of digital revolution and globalisation . a new era of digital innovation continues to provide opportunities for businesses and individuals , creates new products and business models but equally constitutes a challenge to regulation and enforcement . ### the internal market has to continuously adapt to a rapidly changing environment of digital revolution , globalisation and the increasing pressures of climate change and overuse of natural resources . a new era of digital and climate - friendly eco - innovation should provide opportunities for businesses and individuals , lead to the creation of new sustainable , more resource - and energy - efficient products and services as well as business models but equally constitutes a challenge to regulation and enforcement .


### the substantial body of union legislation underpins the functioning of the internal market . this concerns , in particular , competitiveness , standardisation , consumer protection , market surveillance and food chain regulation but also rules concerning business , trade and financial transactions and the promotion of fair competition providing for a level playing field essential for the functioning of the internal market . ### the substantial body of union legislation underpins the functioning of the internal market . this concerns , in particular , competitiveness , standardisation , consumer protection , environmental protection , energy transition , market surveillance and food chain regulation but also rules concerning business , trade and financial transactions and the promotion of fair competition providing for a level playing field essential for the functioning of the internal market .


### still , barriers to the proper functioning of the internal market remain and the new obstacles emerge . adopting rules is only a first step , but making them work is as important . this is ultimately a matter of citizens ' trust in the union , in its capacity to deliver , and ability to create jobs and growth while protecting the public interest . ### still , unjustified barriers to the proper functioning of the internal market remain and the new obstacles emerge . adopting rules is only a first step , but making them work is as important . this is ultimately a matter of citizens ' trust in the union , in its capacity to deliver , and ability to create jobs and growth while protecting the public interest .


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


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


### a modern internal market promotes competition and benefits consumers , businesses and employees . making better use of the ever evolving internal market in services should help european businesses create jobs and grow across borders , offer wider choice of services at better prices , and maintain high standards for consumers and workers . to achieve this , the programme should contribute to the removal of remaining barriers , and to ensure a regulatory framework that can accommodate new innovative business models . ### a modern internal market promotes competition , benefits consumers by providing them highly - qualitative services of general interest , creates the right conditions for businesses while preserving employment and working conditions of employees . making better use of the ever evolving internal market in services should help european businesses create jobs and grow across borders , offer wider choice of services at better prices , and maintain high standards for consumers and workers . to achieve this , the programme should contribute to the removal of remaining unjustified barriers , and to ensure a regulatory framework that can accommodate new innovative business models whilst ensuring a high - level of social protection and fair working conditions .


### product safety is a common concern . the conformity assessment bodies verify whether products meet the safety requirements before they are placed on the market . it is therefore of paramount importance that the conformity assessment bodies are reliable and competent . the union has put in place a system of accreditation of the conformity assessment bodies , verifying their competence , impartiality and independence . the main challenge is now to keep the accreditation system in line with the latest state of the art and to ensure that it is applied with the same stringency across the union . the programme should therefore support measures to ensure that conformity assessment bodies continue fulfilling the regulatory requirements and to enhance the european accreditation system , in particular in new policy areas , by supporting the european co - operation for accreditation referred to in article 14 of regulation no 765 / 2008 of the european parliament and of the council48 . ### product safety is a common concern . the conformity assessment bodies verify whether products meet the safety requirements before they are placed on the market . it is therefore of paramount importance that the conformity assessment bodies are reliable and competent . the union has put in place a system of accreditation of the conformity assessment bodies , verifying their competence , impartiality and independence . the main challenge is now to keep the accreditation system in line with the latest state of the art and to ensure that it is applied with the same stringency across the union . the programme should therefore support measures to ensure that conformity assessment bodies continue fulfilling the regulatory requirements , to systematically use third - party assessment in order to enhance impartial and independent procedures and to enhance the european accreditation system , in particular in new policy areas , by supporting the european co - operation for accreditation referred to in article 14 of regulation no 765 / 2008 of the european parliament and of the council48 .


### public procurement is used by public authorities to ensure value for public money spent and to contribute to a more innovative , sustainable , inclusive and competitive internal market . directive 2014 / 23 / eu of the european parliament and of the council49 , directive 2014 / 24 / eu of the european parliament and of the council50 and directive 2014 / 25 / eu of the european parliament and of the council51 provide the legal framework for the integration and effective functioning of the public procurement markets representing 14% of union’s gross domestic product , to the benefit of public authorities , businesses as well as citizens , including consumers . the programme should therefore support measures to ensure a wider uptake of strategic public procurement , the professionalisation of public buyers , improved access to procurement markets for smes , increase of transparency , integrity and better data , boosting the digital transformation of procurement and promotion of joint procurement , through strengthening a partnership approach with the member states , improving data gathering and data analysis including through development of dedicated it tools , supporting exchange of experiences and good practices , providing guidance , pursuing beneficial trade agreements , strengthening cooperation among national authorities and launching pilot projects . ### public procurement is used by public authorities to ensure value for public money spent and to contribute to a more innovative , sustainable , inclusive and competitive internal market . directive 2014 / 23 / eu of the european parliament and of the council49 , directive 2014 / 24 / eu of the european parliament and of the council50 and directive 2014 / 25 / eu of the european parliament and of the council51 provide the legal framework for the integration and effective functioning of the public procurement markets representing 14% of union’s gross domestic product , to the benefit of public authorities , businesses as well as citizens , including consumers . public authorities , through their procurement policy , can establish and support markets for innovative goods and services . the programme should therefore support measures to ensure a wider uptake of strategic public procurement , a more systematic use of environmental , social and fair trade criteria in awarding contracts such as the promotion of local food supply chains , the professionnalisation of public buyers , improved access to procurement markets for smes , particularly to further tap into the potential of green markets , increase of transparency , integrity and better data , boosting the digital transformation of procurement and promotion of joint procurement , through strengthening a partnership approach with the member states , improving data gathering and data analysis including through development of dedicated it tools , supporting exchange of experiences and good practices , providing guidance , strengthening cooperation among national authorities and launching pilot projects .


### the programme should support the development of the union regulatory framework in the area of company law and corporate governance , as well as contract law , with a view to make business more efficient and competitive while providing protection for stakeholders affected by company operations , and to react to emerging policy challenges . it should also ensure appropriate evaluation , implementation and enforcement of the relevant acquis , inform and assist stakeholders and promote information exchange in the area . the programme should further support the commission ' s initiatives in favour of a clear and adapted legal framework for the data economy and innovation . those initiatives are necessary to enhance legal certainty with regard to contractual and extra contractual law , in particular with regard to liability and ethics in the context of emerging technologies , such as internet of things , artificial intelligence , robotics , 3d printing . the programme should aim at stimulating the development of data - driven business , as it will be decisive for the position of the union economy in a global competition . ### the programme should support the development of the union regulatory framework in the area of company law and corporate governance , as well as contract law , with a view to make business more efficient and competitive while providing protection for stakeholders affected by company operations , and to react to emerging policy challenges . it should also ensure appropriate evaluation , implementation and enforcement of the relevant acquis , inform and assist stakeholders and promote information exchange in the area . the programme should further support the commission ' s initiatives in favour of a clear and adapted legal framework for the data economy and innovation . those initiatives are necessary to enhance legal certainty with regard to contractual and extra contractual law , in particular with regard to liability and ethics in the context of emerging technologies , such as internet of things , artificial intelligence , robotics , 3d printing . the programme should aim at stimulating the development of data - driven business whilst ensuring a high - level of privacy protection , as it will be decisive for the position of the union economy in a global competition .