### market surveillance authorities shall require economic operators to make the documentation and information available as they consider necessary for the purpose of carrying out their activities . ### market surveillance authorities shall require economic operators to make available without delay all such documentation and information as they consider necessary for the purpose of carrying out their activities .


### its advisory tasks shall comprise inter alia the promotion of good practices , the exchange of information on enforcement problems , cooperation , development of working methods and tools , development of an electronic information exchange procedure , evaluation of harmonised enforcement projects , penalties and joint inspections . ### its coordination tasks shall comprise inter alia the promotion of good practices , the exchange of information on enforcement problems , cooperation , development of working methods and tools , development of an electronic information exchange procedure , evaluation of harmonised enforcement projects , the imposition of penalties and the carrying - out of joint inspections .


### manufacturers holding type - approvals or the economic operators shall , upon request , supply to the commission a statistically relevant number of production vehicles , systems , components and separate technical units selected by the commission that are representative for the vehicles , systems , components and separate technical units available for placing on the market under that type - approval . those vehicles , systems , components and separate technical units shall be supplied for testing at the time and place and for the period the commission may require . ### manufacturers holding type - approvals or the economic operators shall , upon request , supply to the agency a statistically relevant number of production vehicles , systems , components and separate technical units selected by the agency that are fully representative of the vehicles , systems , components and separate technical units available for placing on the market under the type - approval concerned . those vehicles , systems , components and separate technical units shall be supplied for testing at such time and place and for such period as the agency may require . the owner of the vehicle shall be compensated for costs connected with the tests .


### for some carcinogens and mutagens it is necessary to consider other absorption pathways , including the possibility of penetration through the skin , in order to ensure the best possible level of protection . ### in accordance with the precautionary principle , it is essential to consider alternative absorption pathways amenable to carcinogens and mutagens , including the possibility of penetration through the skin , in order to ensure the highest possible level of protection of workers ' health and safety .


### the limit values set out in annex iii to directive 2004 / 37 / ec for vinyl chloride monomer and hardwood dusts should be revised in the light of more recent scientific data . ### the limit values set out in annex iii to directive 2004 / 37 / ec for vinyl chloride monomer , hardwood dusts and dusts and chromium should be revised in the light of more recent scientific data .


### member states may provide for fair compensation for the harm incurred by the rightholders due to the use of their works or other subject - matter pursuant to paragraph 1 . ### member states shall provide for fair compensation for the harm incurred by the rightholders due to the use of their works or other subject - matter pursuant to paragraph 1 .


### certain rightholders such as authors and performers need information to assess the economic value of their rights which are harmonised under union law . this is especially the case where such rightholders grant a licence or a transfer of rights in return for remuneration . as authors and performers tend to be in a weaker contractual position when they grant licences or transfer their rights , they need information to assess the continued economic value of their rights , compared to the remuneration received for their licence or transfer , but they often face a lack of transparency . therefore , the sharing of adequate information by their contractual counterparts or their successors in title is important for the transparency and balance in the system that governs the remuneration of authors and performers . ### certain rightholders such as authors and performers need information to assess the economic value of their rights which are harmonised under union law . this is especially the case where such rightholders grant a licence or a transfer of rights in return for remuneration . as authors and performers are in a weaker negotiating contractual position when they grant licences or transfer their rights , they need information to assess the continued economic value of their rights , compared to the remuneration received for their licence or transfer , but they often face a lack of transparency . therefore , the sharing of information by their contractual counterparts and subsequent transferees or licensees , as well as by their successors in title is important for the transparency and balance in the system that governs the remuneration of authors and performers . the reporting obligation should be transferred with the rights and therefore follow the work across all forms of exploitation , irrespective of who exploits it and in which territory .


### member states should therefore be required to provide for an exception to permit cultural heritage institutions to reproduce works and other subject - matter permanently in their collections for preservation purposes , for example to address technological obsolescence or the degradation of original supports . such an exception should allow for the making of copies by the appropriate preservation tool , means or technology , in the required number and at any point in the life of a work or other subject - matter to the extent required in order to produce a copy for preservation purposes only . ### member states should therefore be required to provide for an exception to permit cultural heritage institutions and educational establishments to reproduce works and other subject - matter permanently in their collections for the purpose of carrying out their public interest mission in preservation , research , education , culture and teaching , for example to address technological obsolescence or the degradation of original supports or for the purpose of digitisation . such an exception should allow for the making of copies in any format or medium at any point in the life of a work or other subject - matter and to the extent required for such reproduction , including via partnerships with other institutions or third parties .


### member states shall ensure that authors and performers receive on a regular basis and taking into account the specificities of each sector , timely , adequate and sufficient information on the exploitation of their works and performances from those to whom they have licensed or transferred their rights , notably as regards modes of exploitation , revenues generated and remuneration due . ### member states shall ensure that authors and performers receive at least once a year and taking into account the specificities of each sector , timely , adequate , accurate and sufficient information on the exploitation of their works and performances from those to whom they have licensed or transferred their rights , notably as regards modes of exploitation , promotional activities undertaken , revenues generated and remuneration due .


### member states should therefore be required to provide for an exception to permit cultural heritage institutions to reproduce works and other subject - matter permanently in their collections for preservation purposes , for example to address technological obsolescence or the degradation of original supports . such an exception should allow for the making of copies by the appropriate preservation tool , means or technology , in the required number and at any point in the life of a work or other subject - matter to the extent required in order to produce a copy for preservation purposes only . ### member states should therefore be required to provide for an exception to permit cultural heritage institutions to reproduce works and other subject - matter permanently in their collections for preservation purposes , for example to address technological obsolescence or the degradation of original supports or for the purpose of digitisation . such an exception should allow for the making of copies by the appropriate preservation tool , means or technology , in the required number and at any point in the life of a work or other subject - matter to the extent required in order to produce a copy for preservation purposes only . such an exception should cover both cultural heritage institutions holding the works or other subject - matter and third party cultural heritage institutions or service providers , which may be requested to perform the act of reproduction on behalf of a cultural heritage institution within the scope of the exception .


### certain contracts for the exploitation of rights harmonised at union level are of long duration , offering few possibilities for authors and performers to renegotiate them with their contractual counterparts or their successors in title . therefore , without prejudice to the law applicable to contracts in member states , there should be a remuneration adjustment mechanism for cases where the remuneration originally agreed under a licence or a transfer of rights is disproportionately low compared to the relevant revenues and the benefits derived from the exploitation of the work or the fixation of the performance , including in light of the transparency ensured by this directive . the assessment of the situation should take account of the specific circumstances of each case as well as of the specificities and practices of the different content sectors . where the parties do not agree on the adjustment of the remuneration , the author or performer should be entitled to bring a claim before a court or other competent authority . ### most contracts for the exploitation of rights harmonised at union level are for the entire duration of copyright , offering no possibilities for authors and performers to renegotiate them with their contractual counterparts or their successors in title . therefore , without prejudice to the law applicable to contracts in member states , there should be a remuneration adjustment mechanism for cases where the remuneration originally agreed under a licence or a transfer of rights is disproportionately low compared to the revenues and the benefits derived from the exploitation of the work or the fixation of the performance , including in light of the transparency ensured by this directive . collective bargaining should be considered as an option to reach an agreement . where the parties do not agree on the adjustment of the remuneration , the author or performer should be entitled to bring a claim before a court or other competent authority .


### member states shall ensure that authors and performers are entitled to request additional , appropriate remuneration from the party with whom they entered into a contract for the exploitation of the rights when the remuneration originally agreed is disproportionately low compared to the subsequent relevant revenues and benefits derived from the exploitation of the works or performances . ### member states shall ensure that authors and performers are entitled to proportionate and equitable remuneration of the revenues derived from the exploitation of their works and to request additional , equitable remuneration from the party with whom they entered into a contract for the exploitation of the rights , or their successors in title , when the remuneration originally agreed is disproportionately low compared to the subsequent relevant revenues and benefits derived from the exploitation of the works or performances . member states shall ensure that representative organisations of authors and performers , whether collective management organisations , unions or guilds , and representative organisations of users , set standards for equitable and proportionate remuneration of authors and performers for the use of their works and performances , taking into account the specificities of each sector .


### member states should therefore be required to provide for an exception to permit cultural heritage institutions to reproduce works and other subject - matter permanently in their collections for preservation purposes , for example to address technological obsolescence or the degradation of original supports . such an exception should allow for the making of copies by the appropriate preservation tool , means or technology , in the required number and at any point in the life of a work or other subject - matter to the extent required in order to produce a copy for preservation purposes only . ### member states should therefore be required to provide for an exception to permit cultural heritage institutions , research organisations , and educational establishments to reproduce works and other subject - matter permanently in their collections for the purpose of carrying out their public interest mission in preservation , research , education , culture and teaching , for example to address technological obsolescence or the degradation of original supports or for the purpose of digitisation . such an exception should allow for the making of copies in any format or medium at any point in the life of a work or other subject - matter and to the extent required for such reproduction , including via partnerships with other institutions or third parties .


### member states shall provide for an exception to the rights provided for in article 2 of directive 2001 / 29 / ec , articles 5 and 7 of directive 96 / 9 / ec , article 4 of directive 2009 / 24 / ec and article 11 of this directive , permitting cultural heritage institutions , to make copies of any works or other subject - matter that are permanently in their collections , in any format or medium , for the sole purpose of the preservation of such works or other subject - matter and to the extent necessary for such preservation . ### member states shall provide for an exception to the rights provided for in article 2 of directive 2001 / 29 / ec , articles 5 and 7 of directive 96 / 9 / ec , article 4 of directive 2009 / 24 / ec and article 11 of this directive , permitting cultural heritage institutions , to make copies of or digitise any works or other subject - matter that are permanently in their collections , in any format or medium , for the sole purpose of the preservation of such works or other subject - matter and to the extent necessary for such preservation .


### publishers , including those of press publications , books or scientific publications , often operate on the basis of the transfer of authors ' rights by means of contractual agreements or statutory provisions . in this context , publishers make an investment with a view to the exploitation of the works contained in their publications and may in some instances be deprived of revenues where such works are used under exceptions or limitations such as the ones for private copying and reprography . in a number of member states compensation for uses under those exceptions is shared between authors and publishers . in order to take account of this situation and improve legal certainty for all concerned parties , member states should be allowed to determine that , when an author has transferred or licensed his rights to a publisher or otherwise contributes with his works to a publication and there are systems in place to compensate for the harm caused by an exception or limitation , publishers are entitled to claim a share of such compensation , whereas the burden on the publisher to substantiate his claim should not exceed what is required under the system in place . ### publishers , including those of press publications , books or scientific publications , often operate on the basis of the transfer of authors ' rights by means of contractual agreements or statutory provisions . in this context , publishers make an investment with a view to the exploitation of the works contained in their publications and may in some instances be deprived of revenues where such works are used under exceptions or limitations such as the ones for private copying and reprography . in a number of member states compensation for uses under those exceptions is shared between authors and publishers . in order to take account of this situation and improve legal certainty for all concerned parties , member states should determine that , when an author has transferred or licensed his rights to a publisher or otherwise contributes with his works to a publication and there are systems in place to compensate for the harm caused by an exception or limitation , publishers are entitled to claim a share of such compensation . the burden on the publisher to substantiate his claim should not exceed what is required under the system in place .


### the obligation in paragraph 1 shall be proportionate and effective and shall ensure an appropriate level of transparency in every sector . however , in those cases where the administrative burden resulting from the obligation would be disproportionate in view of the revenues generated by the exploitation of the work or performance , member states may adjust the obligation in paragraph 1 , provided that the obligation remains effective and ensures an appropriate level of transparency . ### the obligation in paragraph 1 shall ensure a high level of transparency in every sector , as well as a right of authors to audit . however , in those cases where the administrative burden resulting from the obligation would be disproportionate in view of the revenues generated by the exploitation of the work or performance , member states may adjust the obligation in paragraph 1 under the condition that the level of disproportionality is duly justified , and provided that the obligation remains effective and ensures an appropriate level of transparency .


### when implementing transparency obligations , the specificities of different content sectors and of the rights of the authors and performers in each sector should be considered . member states should consult all relevant stakeholders as that should help determine sector - specific requirements . collective bargaining should be considered as an option to reach an agreement between the relevant stakeholders regarding transparency . to enable the adaptation of current reporting practices to the transparency obligations , a transitional period should be provided for . the transparency obligations do not need to apply to agreements concluded with collective management organisations as those are already subject to transparency obligations under directive 2014 / 26 / eu . ### when implementing transparency obligations , the specificities of different content sectors and of the rights of the authors and performers in each sector should be considered . member states should ensure that the representative organisations of all relevant stakeholders determine sector - specific requirements and establish reporting standards and procedures for each sector . member states should ensure a high degree of transparency within these sector specific transparency obligations . moreover , the sharing of information should occur at least once a year . collective bargaining should be considered as an option to reach an agreement between the relevant stakeholders regarding transparency . to enable the adaptation of current reporting practices to the transparency obligations , a transitional period should be provided for . the transparency obligations do not need to apply to agreements concluded with collective management organisations as those are already subject to transparency obligations under directive 2014 / 26 / eu .


### member states shall provide for an exception to the rights provided for in article 2 of directive 2001 / 29 / ec , articles 5 and 7 of directive 96 / 9 / ec , article 4 of directive 2009 / 24 / ec and article 11 of this directive , permitting cultural heritage institutions , to make copies of any works or other subject - matter that are permanently in their collections , in any format or medium , for the sole purpose of the preservation of such works or other subject - matter and to the extent necessary for such preservation . ### member states shall provide for an exception to the rights provided for in article 2 of directive 2001 / 29 / ec , articles 5 and 7 of directive 96 / 9 / ec , article 4 of directive 2009 / 24 / ec and article 11 of this directive , permitting cultural heritage institutions or educational establishments , to make copies of any works or other subject - matter that are permanently in their collections , in any format or medium , to the extent necessary for such reproduction , for the purpose of , individually or collaboratively with others , carrying out their public interest mission in preservation , research , culture , education and teaching .


### when implementing transparency obligations , the specificities of different content sectors and of the rights of the authors and performers in each sector should be considered . member states should consult all relevant stakeholders as that should help determine sector - specific requirements . collective bargaining should be considered as an option to reach an agreement between the relevant stakeholders regarding transparency . to enable the adaptation of current reporting practices to the transparency obligations , a transitional period should be provided for . the transparency obligations do not need to apply to agreements concluded with collective management organisations as those are already subject to transparency obligations under directive 2014 / 26 / eu . ### when implementing transparency obligations , the specificities of different content sectors and of the rights of the authors and performers in each sector should be considered . member states should ensure that the representative organisations of all relevant stakeholders determine sector - specific requirements and establish standard reporting statements and procedures for each sector , fostering automated processing and making use of digital technologies and international identifiers of works . collective bargaining should be considered as an option to reach an agreement between the relevant stakeholders regarding transparency . member states should ensure a high degree of transparency within these sector specific transparency obligations . moreover , the sharing of information should occur at least once a year . to enable the adaptation of current reporting practices to the transparency obligations , a transitional period should be provided for . the transparency obligations do not need to apply to agreements concluded with collective management organisations as those are already subject to transparency obligations under directive 2014 / 26 / eu .


### member states may provide for fair compensation for the harm incurred by the rightholders due to the use of their works or other subject - matter pursuant to paragraph 1 . ### member states shall provide for fair compensation to authors and rightholders due to the use of their works or other subject - matter pursuant to paragraph 1 .


### while distance learning and cross - border education programmes are mostly developed at higher education level , digital tools and resources are increasingly used at all education levels , in particular to improve and enrich the learning experience . the exception or limitation provided for in this directive should therefore benefit all educational establishments in primary , secondary , vocational and higher education to the extent they pursue their educational activity for a non - commercial purpose . the organisational structure and the means of funding of an educational establishment are not the decisive factors to determine the non - commercial nature of the activity . ### while distance learning and cross - border education programmes are mostly developed at higher education level , digital tools and resources are increasingly used at all education levels , in particular to improve and enrich the learning experience . the exception or limitation provided for in this directive should therefore benefit all educational establishments in primary , secondary , vocational and higher education , as well as organisations such as libraries and other cultural heritage institutions providing non - formal or informal education , to the extent they pursue their educational activity for a non - commercial purpose . in line with the council conclusions of 12 may 2009 on a strategic framework for european cooperation in education and training , the contribution of informal and non - formal education , alongside formal education , should be recognised and developed in order to deliver the union ' s objectives . the organisational structure and the means of funding of an educational establishment are not the decisive factors to determine the non - commercial nature of the activity .


### the exception or limitation should cover digital uses of works and other subject - matter such as the use of parts or extracts of works to support , enrich or complement the teaching , including the related learning activities . the use of the works or other subject - matter under the exception or limitation should be only in the context of teaching and learning activities carried out under the responsibility of educational establishments , including during examinations , and be limited to what is necessary for the purpose of such activities . the exception or limitation should cover both uses through digital means in the classroom and online uses through the educational establishment ' s secure electronic network , the access to which should be protected , notably by authentication procedures . the exception or limitation should be understood as covering the specific accessibility needs of persons with a disability in the context of illustration for teaching . ### the exception or limitation should cover digital all uses of works and other subject - matter , digital or otherwise , such as the use of parts or extracts of works to support , enrich or complement the teaching , including the related learning activities . the use of the works or other subject - matter under the exception or limitation should be only in the context of teaching and learning activities carried out under the responsibility of educational establishments , including organisations such as libraries and other cultural heritage institutions providing non - formal or informal education , including during examinations , and be limited to what is necessary for the purpose of such activities . the exception or limitation should cover both uses through digital means in the classroom and online uses through the educational establishment ' s secure electronic network , the access to which should be protected , notably by authentication procedures . the exception or limitation should be understood as covering the specific accessibility needs of persons with a disability in the context of illustration for teaching .


### certain rightholders such as authors and performers need information to assess the economic value of their rights which are harmonised under union law . this is especially the case where such rightholders grant a licence or a transfer of rights in return for remuneration . as authors and performers tend to be in a weaker contractual position when they grant licences or transfer their rights , they need information to assess the continued economic value of their rights , compared to the remuneration received for their licence or transfer , but they often face a lack of transparency . therefore , the sharing of adequate information by their contractual counterparts or their successors in title is important for the transparency and balance in the system that governs the remuneration of authors and performers . ### certain rightholders such as authors and performers need information to assess the economic value of their rights which are harmonised under union law . this is especially the case where such rightholders grant a licence or a transfer of rights in return for remuneration . as authors and performers tend to be in a weaker negotiating position when they grant licences or transfer their rights by contract , they need information to assess the continued economic value of their rights , compared to the remuneration received for their licence or transfer , but they often face a lack of transparency . therefore , the regular sharing of information by their contractual counterparts and subsequent transferees or licensees , as well as by their successors in title is important for the transparency and balance in the system that governs the remuneration of authors and performers


### the exception or limitation should cover digital uses of works and other subject - matter such as the use of parts or extracts of works to support , enrich or complement the teaching , including the related learning activities . the use of the works or other subject - matter under the exception or limitation should be only in the context of teaching and learning activities carried out under the responsibility of educational establishments , including during examinations , and be limited to what is necessary for the purpose of such activities . the exception or limitation should cover both uses through digital means in the classroom and online uses through the educational establishment ' s secure electronic network , the access to which should be protected , notably by authentication procedures . the exception or limitation should be understood as covering the specific accessibility needs of persons with a disability in the context of illustration for teaching . ### the exception or limitation should cover all uses of works and other subject - matter , digital or otherwise , such as the use of parts or extracts of works to support , enrich or complement the teaching , including the related learning activities . the use of the works or other subject - matter under the exception or limitation should be only in the context of teaching and learning activities carried out under the responsibility of educational establishments , including organisations such as libraries and other cultural heritage institutions providing non - formal or informal education , including during examinations , and be limited to what is necessary for the purpose of such activities . the exception or limitation should cover both uses through digital means in the classroom and online uses through the educational establishment ' s secure electronic network , the access to which should be protected , notably by authentication procedures . the exception or limitation should be understood as covering the specific accessibility needs of persons with a disability in the context of illustration for teaching .


### the obligation in paragraph 1 shall be proportionate and effective and shall ensure an appropriate level of transparency in every sector . however , in those cases where the administrative burden resulting from the obligation would be disproportionate in view of the revenues generated by the exploitation of the work or performance , member states may adjust the obligation in paragraph 1 , provided that the obligation remains effective and ensures an appropriate level of transparency . ### the obligation in paragraph 1 shall be proportionate and effective and shall ensure a high level of transparency in every sector . however , in those cases where the administrative burden resulting from the obligation would be disproportionate in view of the revenues generated by the exploitation of the work or performance , member states may adjust the obligation in paragraph 1 under the condition that the level of disproportionality is duly justified , and provided that the obligation remains effective and ensures an appropriate level of transparency


### authors and performers are often reluctant to enforce their rights against their contractual partners before a court or tribunal . member states should therefore provide for an alternative dispute resolution procedure that addresses claims related to obligations of transparency and the contract adjustment mechanism . ### authors and performers are often unable to enforce their rights against their contractual partners before a court or tribunal . member states should therefore provide for an alternative dispute resolution procedure that addresses claims related to obligations of transparency and the contract adjustment mechanism and that it is free of charge as well as accessible for authors . the dispute settlement resolution can also be agreed in collective agreements .


### considering the importance of globalisation , the programme should continue to provide the possibility of involving external experts within the meaning of article 238 of the financial regulation . those external experts should mainly be representatives of governmental authorities , including from non - associated third countries , as well as representatives of international organisations , economic operators , taxpayers and civil society . ### considering the importance of the international dimension of tax fraud , tax evasion and tax avoidance , the programme should continue to provide the possibility of involving external experts within the meaning of article 238 of the financial regulation . those external experts should mainly be representatives of governmental authorities , including from non - associated third countries , as well as representatives of international organisations , economic operators , taxpayers and civil society . the selection of experts shall be balanced and transparent , experts shall declare their professional interests and demonstrate that there is no conflict of interest with their professional role . representation of business and civil society interests should be guaranteed on an equal footing .


### in providing a framework for actions which supports the single market , fosters union competitiveness and protects the financial and economic interests of the union and its member states , the programme should contribute to preventing and fighting tax fraud , tax evasion and tax avoidance ; preventing and reducing unnecessary administrative burden for citizens and businesses in cross - border transactions ; achieving the full potential of the single market and fostering union competitiveness ; and supporting a joint union approach in international fora . ### in providing a framework for actions which supports the single market , fosters fair competition in the union and protects the financial and economic interests of the union and its member states , the programme should contribute to preventing and fighting tax fraud , tax evasion and tax avoidance ; preventing and reducing unnecessary administrative burden for citizens and businesses in cross - border transactions ; supporting fairer and more efficient tax systems ; achieving the full potential of the single market and fostering fair competition in the union ; as well as supporting a joint union approach in international fora .


### the interim evaluation of the programme shall be performed once there is sufficient information available about the implementation of the programme , but no later than four years after the start of the programme implementation . ### the interim evaluation of the programme shall be performed once there is sufficient information available about the implementation of the programme , but no later than three years after the start of the programme implementation .


### national regulatory and other competent authorities may contribute within their competencies to ensuring the implementation of policies aimed at the promotion of cultural and linguistic diversity , as well as media pluralism . ### national regulatory and other competent authorities shall contribute within their competencies to ensuring the implementation of policies aimed at the promotion of cultural and linguistic diversity , as well as media pluralism .


### 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 / … / eu 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 . ; ### member states shall ensure that they achieve a minimum proportion of biofuels produced from feedstocks and other fuels , listed in part a of annex ix , being consumed on their territory . this target shall be 2 , 5 % of the final consumption of energy in transport in 2020 . in addition , biofuels made from feedstocks not listed in annex ix that were determined to be wastes , residues , non - food cellulosic material or lingo - cellulosic material by the competent national authorities and are used in existing installations prior to 31 december 2014 may be counted towards the national target in order to take into account investments already made .


### a member state may notify its national scheme to the commission . the commission shall give priority to the assessment of such a scheme . a decision on the compliance of such a notified national scheme with the conditions set out in this directive shall be adopted in accordance with the examination procedure referred to in article 25 , in order to facilitate mutual bilateral and multilateral recognition of schemes for verification of compliance with the sustainability criteria for biofuels and bioliquids . where the decision is positive , schemes established in accordance with this article shall not refuse mutual recognition with that member state ' s scheme . ### a member state may notify its national scheme to the commission . the commission shall give priority to the assessment of such a scheme . a decision on the compliance of such a notified national scheme with the conditions set out in this directive shall be adopted in accordance with the examination procedure referred to in article 25 , in order to facilitate mutual bilateral and multilateral recognition of schemes for verification of compliance with the sustainability criteria for biofuels and bioliquids .


### biomass fraction of wastes and residues from forestry and forest - based industries , i . e . bark , branches , pre - commercial thinnings , leaves , needles , tree tops , saw dust , cutter shavings , black liquor , brown liquor , fibre sludge , lignin and tall oil . ### biomass fraction of wastes and residues from forestry and forest - based industries , i . e . bark , branches , pre - commercial thinnings , leaves , needles , tree tops , saw dust , cutter shavings , black liquor , brown liquor , fibre sludge , and lignin .


### biomass fraction of wastes and residues from forestry and forest - based industries , i . e . bark , branches , pre - commercial thinnings , leaves , needles , tree tops , saw dust , cutter shavings , black liquor , brown liquor , fibre sludge , lignin and tall oil . ### bark , branches , leaves , saw dust and cutter shavings . only sustainable quantities of these feedstocks , which do not undermine soil fertility and ecosystem services , can be removed .


### annex ix part a . feedstocks and fuels , the contribution of which towards the target referred to in article 3 shall be considered to be twice their energy content algae if cultivated on land in ponds or photobioreactors . biomass fraction of mixed municipal waste , but not separated household waste subject to recycling targets under point of article 11 of directive 2008 / 98 / ec . bio - waste as defined in article 3 of directive 2008 / 98 / ec from private households subject to separate collection as defined in article 3 of that directive . biomass fraction of industrial waste not fit for use in the food or feed chain , including material from retail and wholesale and the agro - food and fish and aquaculture industry , and excluding feedstocks listed in part b of this annex . straw . animal manure and sewage sludge palm oil mill effluent and empty palm fruit bunches . tall oil pitch . crude glycerine . bagasse . grape marcs and wine lees . nut shells husks . cobs cleaned of kernels of corn . biomass fraction of wastes and residues from forestry and forest - based industries , i . e . bark , branches , pre - commercial thinnings , leaves , needles , tree tops , saw dust , cutter shavings , black liquor , brown liquor , fibre sludge , lignin and tall oil . other non - food cellulosic material as defined in point of the second paragraph of article 2 . other ligno - cellulosic material as defined in point of the second paragraph of article 2 except saw logs and veneer logs . renewable liquid and gaseous fuels of non - biological origin . part b . feedstocks , the contribution of which towards the target referred to in the first subparagraph of article 3 shall be considered to be twice their energy content used cooking oil . animal fats classified as categories 1 and 2 in accordance with regulation no 1069 / 2009 ________________ *regulation no 1069 / 2009 of the european parliament and of the council of 21 october 2009 laying down health rules as regards animal by - products and derived products not intended for human consumption and repealing regulation no 1774 / 2002 . ' . ### annex ix part a . feedstocks from waste and residues which contribute towards the 2 , 5% target referred to in point of the second subparagraph of article 3 , and whose contribution towards the target referred to in article 3 shall be considered to be twice their energy content biomass fraction of mixed municipal waste , but not separated household waste subject to recycling targets or separate collection under article 11 and article of directive 2008 / 98 / ec of the european parliament and of the council of 19 november 2008 on waste and repealing certain directives ; derogations may be granted by member states for separate biowaste where processes allow the production of both compost and biofuels . biodegradable fraction of industrial , retail and wholesale waste , but not waste subject to separate collection under article 11 of directive 2008 / 98 / ec . straw . animal manure and sewage sludge . tall oil pitch . bagasse . grape marcs and wine lees . nut shells husks . cobs cleaned of kernels of corn . bark , branches , leaves , saw dust and cutter shavings . part b . feedstocks the contribution of which towards the targets referred to in article 3 shall be considered to be four times their energy content and which contribute towards the 2 , 5% target referred to in point of the second subparagraph of article 3 algae . renewable liquid and gaseous fuels of non - biological origin . carbon capture and utilisation for transport purposes . bacteria . part c . feedstocks , the contribution of which towards the target referred to in the first subparagraph of article 3 shall be considered to be twice their energy content used cooking oil . animal fats classified as categories 1 and 2 in accordance with regulation no 1069 / 2009∗ feedstocks 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 31 december 2014 , excluding animal fats classified as category 3 in accordance with regulation no 1069 / 2009* . ________________ ∗ regulation no 1069 / 2009 of the european parliament and of the council of 21 october 2009 laying down health rules as regards animal by - products and derived products not intended for human consumption and repealing regulation no 1774 / 2002 . ' .


### the estimated indirect land - use change emissions should be included in the reporting by the commission of greenhouse gas emissions from biofuels under directives 98 / 70 / ec and 2009 / 28 / ec . biofuels made from feedstocks that do not lead to additional demand for land , such as those from waste feedstocks , should be assigned a zero emissions factor . ### the estimated indirect land - use change emissions should be counted towards the target in article 7a of directive 98 / 70 / ec in order to provide incentives for the biofuels with low indirect land - use change impacts and to ensure the accuracy and credibility of the reduction target for life cycle greenhouse gas emissions . those emissions should also be included in the reporting by the commission of greenhouse gas emissions from biofuels under directives 98 / 70 / ec and 2009 / 28 / ec . in order to make sure that union targets for greenhouse gas emission savings from the use of biofuels and bioliquids are meaningful and effectively met , indirect land - use change emissions should be taken into account when calculating the greenhouse gas emission savings required under the sustainability criteria set out in directives 98 / 70 / ec and 2009 / 28 / ec . biofuels made from feedstocks that do not lead to additional demand for land , such as those from waste feedstocks , should be assigned a zero emissions factor .


### ' for the calculation of biofuels in the numerator , the share of energy from biofuels produced from cereal and other starch rich crops , sugars and oil crops shall be no more than 7 % of the final consumption of energy in transport in the member states in 2020 ; ### ‘ for the calculation of biofuels in the numerator , the share of energy from biofuels produced from cereal and other starch - rich crops , sugars and oil crops and other energy crops grown on land shall be no more than 6 % of the final consumption of energy in transport in the member states in 2020 ;


### each member state shall ensure that the share of energy from renewable sources in all forms of transport in 2020 is at least 10 % of the final consumption of energy in transport in that member state . ### the first subparagraph of paragraph 4 is replaced by the following : “4 . each member state shall ensure that the share of energy from renewable sources in all forms of transport in 2020 is at least 10 % of the final consumption of energy in transport in that member state . a member state may derogate from that target if the following conditions are met : - the member state has achieved the targets set out in paragraphs 1 and 2 ; - the total energy consumption in transport in the member state does not exceed the forecasts in the national renewable energy action plan ; ”


### however , biofuels and bioliquids produced from waste and residues , other than agricultural , aquaculture , fisheries and forestry residues , need only fulfil the sustainability criteria set out in paragraph 2 in order to be taken into account for the purposes referred to in points , and . ### in paragraph 1 the second subparagraph is replaced by the following : “biofuels and bioliquids produced from waste and residues , other than agricultural , aquaculture , fisheries and forestry residues , taken into account for the purposes referred to in points , and of the first subparagraph shall not be made from waste or residues which are subject to re - use and recycling targets in accordance with article 11 of directive 2008 / 98 / ec . biofuels and bioliquids produced from waste and residues , other than agricultural , aquaculture , fisheries and forestry residues , taken into account for the purposes of point of the first subparagraph or any multiple accounting towards compliance with article 3 shall not be made from such waste or residues unless evidence is provided that their use conforms to the waste hierarchy , namely prevention , preparation for re - use and recycling before recovery for energy purposes , as outlined in directive 2008 / 98 / ec , and to a cascade of use . ”


### annex ix part a . feedstocks and fuels , the contribution of which towards the target referred to in article 3 shall be considered to be twice their energy content algae if cultivated on land in ponds or photobioreactors . biomass fraction of mixed municipal waste , but not separated household waste subject to recycling targets under point of article 11 of directive 2008 / 98 / ec . bio - waste as defined in article 3 of directive 2008 / 98 / ec from private households subject to separate collection as defined in article 3 of that directive . biomass fraction of industrial waste not fit for use in the food or feed chain , including material from retail and wholesale and the agro - food and fish and aquaculture industry , and excluding feedstocks listed in part b of this annex . straw . animal manure and sewage sludge palm oil mill effluent and empty palm fruit bunches . tall oil pitch . crude glycerine . bagasse . grape marcs and wine lees . nut shells husks . cobs cleaned of kernels of corn . biomass fraction of wastes and residues from forestry and forest - based industries , i . e . bark , branches , pre - commercial thinnings , leaves , needles , tree tops , saw dust , cutter shavings , black liquor , brown liquor , fibre sludge , lignin and tall oil . other non - food cellulosic material as defined in point of the second paragraph of article 2 . other ligno - cellulosic material as defined in point of the second paragraph of article 2 except saw logs and veneer logs . renewable liquid and gaseous fuels of non - biological origin . part b . feedstocks , the contribution of which towards the target referred to in the first subparagraph of article 3 shall be considered to be twice their energy content used cooking oil . animal fats classified as categories 1 and 2 in accordance with regulation no 1069 / 2009 ________________ *regulation no 1069 / 2009 of the european parliament and of the council of 21 october 2009 laying down health rules as regards animal by - products and derived products not intended for human consumption and repealing regulation no 1774 / 2002 . ' . ### annex ix part a . feedstocks from waste and residues whose contribution towards the target referred to in article 3 shall be considered to be once their energy content and which contribute towards the 2 , 5% target referred to in article 3 biomass fraction of mixed municipal waste , but not separated household waste subject to recycling targets or separate collection under article 11 and of directive 2008 / 98 / ec of the european parliament and of the council of 19 november 2008 on waste and repealing certain directives ; derogations may be granted by member states for separate biowaste where processes allow the production of both compost and biofuels biodegradable fraction of industrial , retail and wholesale waste , but not waste subject to separate collection under article 11 of directive 2008 / 98 / ec , and provided that the waste hierarchy and the principle of cascading use are respected . straw . animal manure and sewage sludge tall oil pitch . bagasse . grape marcs and wine lees . nut shells husks . cobs cleaned of kernels of corn . bark , branches , leaves , saw dust and cutter shavings . part b . feedstocks from waste and residues whose contribution towards the target referred to in article 3 shall be considered to be twice their energy content used cooking oil . animal fats classified as category i and ii in accordance with regulation no 1774 / 2002 laying down health rules concerning animal by - products not intended for human consumption . part c . feedstocks whose contribution towards the target referred to in article 3 shall be considered to be four times their energy content and which contribute towards the 2 , 5% target referred to in article 3 algae . renewable liquids and gaseous fuels of non - biological origin . carbon capture and utilisation for transport purposes . bacteria .


### irrespective of whether the raw materials were cultivated inside or outside the territory of the community , energy from biofuels and bioliquids shall be taken into account for the purposes referred to in points , and only if they fulfil the sustainability criteria set out in paragraphs 2 to 6 : ### in paragraph 1 , the introductory part of the first subparagraph is replaced by the following : ' 1 . irrespective of whether the raw materials were cultivated inside or outside the territory of the union , energy from biofuels and bioliquids shall be taken into account for the purposes referred to in points , and only if they fulfil the sustainability criteria set out in paragraphs 2 to 6 and do not exceed contributions set out in article 3 : '


### 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 .


### assistance shall be targeted and adjusted to the specific situation of the beneficiaries listed in annex i , taking into account further efforts needed to meet the membership criteria as well as the capacities of those beneficiaries . assistance shall be differentiated in scope and intensity according to needs , commitment to reforms and progress in implementing those reforms . ### assistance shall be targeted and adjusted to the specific situation of the beneficiaries listed in annex i , taking into account further efforts needed to meet the membership criteria as well as the capacities of those beneficiaries . assistance shall be differentiated in scope and intensity according to needs , commitment to reforms and progress in implementing those reforms . in the framework of the regular monitoring and evaluation , the commission shall explain how assistance has been differentiated based on progress achieved by the beneficiary countries .


### the guardian shall perform his or her duties in accordance with the principle of the best interests of the child , shall have the necessary expertise , and shall not have a verified record of child - related crimes or offences . ### the guardian shall perform his or her duties in accordance with the principle of the best interests of the child , shall have the independence , and the necessary qualifications and expertise , and shall not have a verified record of crimes or offences . guardians shall receive regular training to undertake their tasks .


### 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 .


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


### the applicant has enjoyed protection in accordance with the geneva convention in that country before travelling to the union and he or she can still avail himself or herself of that protection ; or ### the applicant has been recognised as a refugee and enjoyed effective&#160 ; protection in accordance with the geneva convention in that country without any geographical restriction , &#160 ; before travelling to the union and he or she can still avail himself or herself of that protection .


### member states may request total or partial reimbursement of any costs made if and when the applicant’s financial situation considerably improves or where the decision to make such costs was taken on the basis of false information supplied by the applicant . ### member states may request total or partial reimbursement of any costs made where the decision to make such costs was taken on the basis of false information supplied by the applicant .


### a third country shall be designated as a safe third country provided that : ### a third country may be designated as a safe third country provided that :


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


### an application for international protection should be examined on its merits to determine whether an applicant qualifies for international protection in accordance with regulation no xxx / xxx . there need not be an examination on the merits where an application should be declared as inadmissible in accordance with this regulation . however , where from a prima facie assessment it is clear that an application may be rejected as manifestly unfounded , the application may be rejected on that ground without examining its admissibility . ### an application for international protection should be examined on its merits to determine whether an applicant qualifies for international protection in accordance with regulation no xxx / xxx . there need not be an examination on the merits where an application should be declared as inadmissible in accordance with this regulation .


### 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 .


### member states shall ensure that the personnel of the determining authority , or of any other authority responsible for receiving and registering applications for international protection in accordance with paragraph 3 , have the appropriate knowledge and are provided with the necessary training and instructions to fulfil their obligations when applying this regulation . ### member states shall ensure that the personnel of the determining authority , or of any other authority responsible for receiving and registering applications for international protection in accordance with paragraph 3 and 4 , have the appropriate knowledge and are provided with the necessary training pursuant to article 7 of regulation xxx / xxx and instructions to fulfil their obligations when applying this regulation .


### the time - limits provided for in this paragraph shall start to run from the date when the decision of the determining authority is notified to the applicant or from the moment the legal adviser or counsellor is appointed if the applicant has introduced a request for free legal assistance and representation . ### the time - limit provided for in this paragraph shall start to run from the date when the decision of the determining authority is notified to the applicant . where the applicant has requested free legal assistance and representation according to article 15 , after notification of such decision , these time limits shall start to run from the date when the legal advisor or counsellor is appointed .


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


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


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


### member states may impose limits to such access where , by virtue of national law , they are necessary for the security , public order or administrative management of a border crossing point or of a detention facility , provided that access is not severely restricted or rendered impossible . ### member states may impose limits to such access where , by virtue of national law , they are necessary for the security or public order of a border crossing point or of a detention facility , provided that access is not severely restricted or rendered impossible .


### member states may impose limits to such access where , by virtue of national law , they are necessary for the security , public order or administrative management of a border crossing point or of a detention facility , provided that access is not severely restricted or rendered impossible . ### member states may impose limits to such access where , by virtue of national law , they are necessary for the security or public order of a border crossing point or of a detention facility , provided that access is not severely restricted or rendered impossible . access to legal representatives shall be ensured in all circumstances .


### the possibility exists to receive protection in accordance with the substantive standards of the geneva convention or sufficient protection as referred to in article 44 , as appropriate . ### the possibility exists to request international protection and , if recognised as a refugee , to receive protection in accordance with the geneva convention without any geographical restriction .


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


### the refusal by the unaccompanied minors or their guardians to carry out the medical examination may only be considered as a rebuttable presumption that the applicant is not a minor and it shall not prevent the determining authority from taking a decision on the application for international protection . ### the refusal by the unaccompanied minors or their guardians to carry out the medical examination may only be considered as a rebuttable presumption that the applicant is not a minor and it shall not be the sole reason for rejecting an application for international protection .


### where medical examinations are used to determine the age of unaccompanied minors , the determining authority shall ensure that unaccompanied minors are informed , prior to the examination of their application for international protection , and in a language that they understand or are reasonably meant to understand , of the possibility that their age be determined by medical examination . this shall include information on the method of examination and possible consequences which the result of the medical examination may have for the examination of the application , as well as on the possibility and consequences of a refusal on the part of the unaccompanied minor , or of his or her guardian , to undergo the medical examination . ### where medical examinations are used to determine the age of unaccompanied minors , the determining authority shall ensure that unaccompanied minors are informed , prior to the examination of their application for international protection , and in a language that they understand , of the possibility that their age be determined by medical examination . this shall include information on the method of examination and possible consequences which the result of the medical examination may have for the examination of the application , including the right to appeal the decision on the medical examination , as well as on the possibility and consequences of a refusal on the part of the unaccompanied minor , or of his or her guardian , to undergo the medical examination . all documents concerning the medical examination shall be entered in the applicant ' s file .


### the possibility exists to receive protection in accordance with the substantive standards of the geneva convention or sufficient protection as referred to in article 44 , as appropriate . ### the possibility exists to request international protection and , if recognised as a refugee , to receive effective protection in accordance with the geneva convention without any geographical restriction , which remains available until a durable solution can be found .


### 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 or abandoned .


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


### the 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 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 .


### 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 .


### the concept of safe third country should be applied as a ground for inadmissibility where the applicant , due to a connection to the third country including one through which he or she has transited , can reasonably be expected to seek protection in that country , and there are grounds for considering that the applicant will be admitted or readmitted to that country . member states should proceed on that basis only where they are satisfied including , where necessary or appropriate , based on assurances obtained from the third country concerned , that the applicant will have the possibility to receive protection in accordance with the substantive standards of the geneva convention or will enjoy sufficient protection , particularly as regards the right of legal residence , appropriate access to the labour market , reception facilities , healthcare and education , and the right to family reunification in accordance with international human rights standards . ### member states may apply the concept of safe third country as a ground for inadmissibility where the applicant , due to a connection to the third country , can reasonably be expected to seek protection in that country , and there are grounds for considering that the applicant will be admitted or readmitted to that country . such a link may not be assumed from the mere fact that the applicant has transited through the country concerned . member states should proceed on that basis only where they are satisfied that the applicant will have the possibility to receive protection in accordance with the geneva convention of 1951 . the concept of ‘ safe third country’ may only be applied to countries which have ratified and applied the geneva convention without any territorial restrictions .


### the concept of safe third country should be applied as a ground for inadmissibility where the applicant , due to a connection to the third country including one through which he or she has transited , can reasonably be expected to seek protection in that country , and there are grounds for considering that the applicant will be admitted or readmitted to that country . member states should proceed on that basis only where they are satisfied including , where necessary or appropriate , based on assurances obtained from the third country concerned , that the applicant will have the possibility to receive protection in accordance with the substantive standards of the geneva convention or will enjoy sufficient protection , particularly as regards the right of legal residence , appropriate access to the labour market , reception facilities , healthcare and education , and the right to family reunification in accordance with international human rights standards . ### member states may apply the concept of safe third country during the examination of an application only where the applicant , due to a meaningful connection to the third country following the existence of family ties or previous long - term residence and integration in the territory of a third country , can reasonably be expected to seek protection in that country , and there are grounds for considering that the applicant will be admitted or readmitted to that country . such a link may not be derived from the mere fact that the applicant has transited through the country concerned . member states might proceed on that basis only where they are satisfied including , based on individual and specific assurances obtained from the third country concerned , that the applicant will have the possibility to receive protection in accordance with the 1951geneva convention , particularly as regards the principle of non - refoulement , the right to liberty and due process , the right of legal residence , appropriate access to the labour market , reception facilities , healthcare and education , means of subsistence sufficient to maintain an adequate standard of living , privacy and the right to family reunification in accordance with international human rights standards .


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


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


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


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


### where , following a procedure of determination in accordance with regulation no xxx / xxx , another member state is designated as responsible for the examination of the application , the authorities of that member state shall provide the applicant with a document referred to in paragraph 2 within three working days from the transfer of the applicant to that member state . ### where , following a procedure of determination in accordance with regulation no xxx / xxx , another member state is designated as responsible for the examination of the application , the authorities of that member state shall provide the applicant with a document referred to in paragraph 1 within three working days from the transfer of the applicant to that member state .


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


### where the conditions for initiating a new procedure as set out in paragraph 4 are not met , the determining authority shall reject the application as inadmissible , or as manifestly unfounded where the application is so clearly without substance or abusive that it has no tangible prospect of success . ### where the conditions for initiating a new procedure as set out in paragraph 4 are not met , the determining authority shall reject the application as inadmissible .


### where the competent authority is considering withdrawing international protection from a third - country national or stateless person , including in the context of a regular status review referred to in articles 15 and 21 of regulation no xxx / xxx , the person concerned shall enjoy the following guarantees , in particular : ### where the competent authority is considering withdrawing international protection from a third - country national or stateless person , the person concerned shall enjoy the following guarantees , in particular :


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


### a subsequent application shall be subject to a preliminary examination in which the determining authority shall establish whether relevant new elements or findings have arisen or have been presented by the applicant which significantly increase the likelihood of the applicant qualifying as a beneficiary of international protection by virtue of regulation no xxx / xxx or which relate to the reasons for which the previous application was rejected as inadmissible . ### a subsequent application shall be subject to a preliminary examination in which the determining authority shall establish whether relevant new elements or findings have arisen or have been presented by the applicant or which relate to the reasons for which the previous application was rejected as inadmissible .