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


### beneficiaries of international protection shall have access to accommodation under conditions equivalent to those applicable to other third - country nationals legally resident in the territories of the member states who are in a comparable situation . ### beneficiaries of international protection shall have access to accommodation under conditions equivalent to those applicable to nationals .


### the european union agency for asylum should provide adequate support in the application of this regulation , in particular by providing experts to assist the member state authorities to receive , register , and examine applications for international protection , providing updated information regarding third countries , including country of origin information , and other relevant guidelines and tools . when applying this regulation , member states ' authorities should take into account operational standards , indicative guidelines , and best practices developed by the european union agency for asylum [ the agency ] . when assessing applications for international protection , member states ' authorities should take particular account of the information , reports , common analysis and guidance on the situation in countries of origin developed at union level by the agency and the european networks on country of origin information in accordance with articles 8 and 10 of regulation34 _________________ 34 com271 final . ### the european union agency for asylum should provide adequate support in the application of this directive , in particular by providing experts to assist the member state authorities to receive , register , and examine applications for international protection , providing updated information regarding third countries , including country of origin information , and other relevant guidelines and tools . when transposing and implementing this directive , member states ' authorities should take into account operational standards , indicative guidelines , and best practices developed by the european union agency for asylum [ the agency ] . when assessing applications for international protection , member states ' authorities should take particular account of the information , reports , common analysis and guidance on the situation in countries of origin developed at union level by the agency and the european networks on country of origin information in accordance with articles 8 and 10 of regulation34 _________________ 34 com271 final .


### in order to apply article 20 , the determining authority shall review the subsidiary protection status in particular ### in order to apply article 20 , and without prejudice of the right of the beneficiary of subsidiary protection to appeal against a decision of the determining authority in line with articles 14 to 17 of regulation xxx / xxx [ procedures regulation ] , the determining authority may , where necessary and proportionate and having regard to the individual circumstances of the beneficiary of subsidiary protection , review the subsidiary protection status .


### this regulation does not apply to other national humanitarian statuses granted by member states under their national law to those who do not qualify for the refugee status or the subsidiary protection status . these statuses , if issued , are to be issued in a way not to entail a risk of confusion with international protection . ### this regulation does not apply to other national humanitarian statuses granted by member states under their national law to those who do not qualify for the refugee status or the subsidiary protection status .


### decisions of the determining authority revoking , ending or refusing to renew refugee status pursuant to point of paragraph 1 shall only take effect three months after the decision is adopted , in order to provide the third - country national or stateless person with the opportunity to apply for residence in the member state on other grounds in accordance with relevant union and national law . ### decisions of the determining authority revoking , ending or refusing to renew refugee status pursuant to point of paragraph 1 shall only take effect nine months after the decision is adopted , in order to provide the third - country national or stateless person with the opportunity to apply for residence in the member state on other grounds in accordance with relevant union and national law .


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


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


### the main objective of this regulation is , on the one hand , to ensure that member states apply common criteria for the identification of persons genuinely in need of international protection and , on the other hand , to ensure that a common set of rights is available for those persons in all member states . ### the main objective of this directive is , on the one hand , to ensure that member states apply common criteria for the identification of persons in need of international protection and , on the other hand , to ensure that a common set of rights is available to all those persons in need of international protection in all member states .


### in order to facilitate the integration of beneficiaries of international protection into society , beneficiaries of international protection shall have access to integration measures provided by the member states , in particular language courses , civic orientation and integration programs and vocational training which take into account their specific needs . ### in order to facilitate the integration of beneficiaries of international protection into society , beneficiaries of international protection shall have free and effective access to integration measures provided by the member states , in particular language courses , civic orientation and integration programs and vocational training which take into account their specific needs .


### standards for the definition and content of subsidiary protection status should also be laid down . subsidiary protection should be complementary and additional to the refugee protection enshrined in the geneva convention . ### standards for the definition and content of subsidiary protection status should also be laid down . subsidiary protection should be complementary and additional to the refugee protection enshrined in the geneva convention . while the basis for protection differs between refugee and subsidiary protection , the ongoing need for protection may be similar in duration .


### member states may decide that this article also applies to other close relatives who lived together as part of the family at the time of leaving the country of origin or before the applicant arrived on the territory of the member states , and who were wholly or mainly dependent on the beneficiary of international protection at the time . ### member states may decide that this article also applies to other close relatives who lived together as part of the family at the time of leaving the country of origin or before the applicant arrived on the territory of the member states .


### where reasons of national security or public order so require . ### where compelling reasons of national security or public order so require .


### the form and content of that information shall be determined by the commission by means of implementing acts adopted in accordance with the examination procedure referred to in article 58 of regulation xxx / xxx [ procedures regulation . ] . ### the form and content of that information shall be determined by the commission by means of delegated acts adopted in accordance with the article 59 of regulation xxx / xxx [ procedures regulation . ] .


### in order to prevent secondary movements within the european union , beneficiaries of international protection , if found in a member state other than the member state having granted them protection without fulfilling the conditions of stay or reside , should be taken back by the member state responsible in accordance with the procedure laid down by regulation41 _________________ 41 no [ xxx / xxxx new dublin regulation ] . ### beneficiaries of international protection , if found in a member state other than the member state having granted them protection without fulfilling the conditions of stay or reside , should be taken back by the member state responsible in accordance with the procedure laid down by regulation 41 . unaccompanied minors who are beneficiaries of international protection may only be taken back by the member state responsible in accordance with the procedure laid down by regulation [ dublin regulation ] provided that , following a multidisciplinary assessment of the child ' s best interests , it is demonstrated that this would be in the best interests of the child . _________________ 41 no [ xxx / xxxx new dublin regulation ] .


### in order to facilitate the integration of beneficiaries of international protection into society , beneficiaries of international protection shall have access to integration measures , modalities to be set by the member states . member states may make the participation in such integration measures , such as language courses , civic integration courses , vocational training and other employment - related courses compulsory . ### in order to facilitate the integration of beneficiaries of international protection into society , beneficiaries of international protection shall have free and effective access to integration measures , modalities to be set by the member states . it should be recognised that not all beneficiaries of international protection may be capable of participation in integration measures due to trauma they might have suffered .


### competent authorities shall issue travel documents with the minimum security features and biometrics outlined in regulation no 2252 / 2004 to beneficiaries of subsidiary protection status who are unable to obtain a national passport . those documents shall be valid for at least one year . ### competent authorities shall issue travel documents with the minimum security features and biometrics outlined in regulation no 2252 / 2004 to beneficiaries of subsidiary protection status who are unable to obtain a national passport . those documents shall be valid for at least five years .


### successful resettlement candidates should be granted international protection . accordingly , the provisions of this regulation on the content of international protection should apply , including the rules to discourage secondary movement . ### successful resettlement candidates should be granted international protection . accordingly , the provisions of this regulation on the content of international protection should apply .


### when applying the provisions of this chapter , the specific situation of persons with special needs such as minors , unaccompanied minors , disabled people , elderly people , pregnant women , single parents with minor children , victims of human trafficking , persons with mental disorders and persons who have been subjected to torture , rape or other serious forms of psychological , physical or sexual violence shall be taken into account provided an individual evaluation of their situation establishes that they have special needs . ### when applying the provisions of this chapter , the specific situation of persons with special needs such as minors , unaccompanied minors , disabled people , elderly people , pregnant women , single parents with children , victims of human trafficking , persons with mental disorders and persons who have been subjected to torture , rape or other serious forms of psychological , physical or sexual violence shall be taken into account provided an individual evaluation of their situation establishes that they have special needs .


### the minor children of the couples referred to in point or of the beneficiary of international protection , on condition that they are unmarried and regardless of whether they were born in or out of wedlock or adopted as defined under national law ; ### the children of the couples referred to in point or of the applicant or beneficiary of international protection , regardless of whether they were born in or out of wedlock or adopted as defined under national law , and the children for whom they bear legal or customary primary responsibility ,


### in its communication of 6 april 2016 , 32 the commission set out its options for improving the ceas , namely to establish a sustainable and fair system for determining the member state responsible for asylum seekers , to reinforce the eurodac system , to achieve greater convergence in the eu asylum system , to prevent secondary movements within the european union and a new mandate for the european union agency for asylum agency . that communication is in line with calls by the european council on 18 - 19 february 201633 to make progress towards reforming the eu ' s existing framework so as to ensure a humane and efficient asylum policy . it also proposes a way forward in line with the holistic approach to migration set out by the european parliament in its own initiative report of 12 april 2016 . _________________ 32 com 197 final . 33 euco 19 . 02 . 2016 , sn 1 / 16 . ### in its communication of 6 april 2016 , 32 the commission set out its options for improving the ceas , namely to establish a sustainable and fair system for determining the member state responsible for asylum seekers , to reinforce the eurodac system , to achieve greater convergence in the eu asylum system and a new mandate for the european union agency for asylum agency . that communication is in line with calls by the european council on 18 - 19 february 201633 to make progress towards reforming the eu ' s existing framework so as to ensure a humane and efficient asylum policy ensuring equally high standards across the european union . it also proposes a way forward partially in line with the holistic approach to migration set out by the european parliament in its own initiative report of 12 april 2016 . _________________ 32 com 197 final . 33 euco 19 . 02 . 2016 , sn 1 / 16 .


### as regards the required proof in relation to the existence of a serious and individual threat to the life or person of an applicant , in accordance with relevant case law of the court of justice of the european union36 , determining authorities should not require the applicant to adduce evidence that he is specifically targeted by reason of factors particular to his personal circumstances . however , the level of indiscriminate violence required to substantiate the application is lower if the applicant is able to show that he is specifically affected by reason of factors particular to his personal circumstance . moreover , the existence of a serious and individual threat should exceptionally be established by the determining authorities solely on account of the presence of the applicant on the territory or relevant part of the territory of the country of origin provided the degree of indiscriminate violence characterising the armed conflict taking place reaches such a high level that there are substantial grounds for believing that a civilian , returned to the country or origin or to the relevant part of country of origin , would , solely on account of his presence on the territory of that country or region , face a real risk of being subject to the serious threat . _________________ 36 c - 465 / 07 . ### as regards the required proof in relation to the existence of a serious threat to the life or person of an applicant , in accordance with relevant case law of the court of justice of the european union36 and the european court of human rights , the required level of harm need not be equivalent to torture or inhuman or degrading treatment or punishment . however , the level of indiscriminate violence required to substantiate the application is lower if the applicant is able to show that he is specifically affected by reason of factors particular to his personal circumstance . moreover , the existence of a serious threat should exceptionally be established by the determining authorities solely on account of the presence of the applicant on the territory or relevant part of the territory of the country of origin provided the degree of indiscriminate violence characterising the armed conflict taking place reaches such a level that there are substantial grounds for believing that a civilian , returned to the country or origin or to the relevant part of country of origin , would , solely on account of his presence on the territory of that country or region , face a real risk of being subject to the serious threat . while the union currently has no agreed legal definition of an environmentally displaced person , this does not preclude member states providing protection to such persons under national law . _________________ 36 c - 465 / 07 .


### the resources of the asylum , migration and refugee fund should be used to provide adequate support to member states’ efforts in implementing the standards set by the regulation , in particular to those member states which are faced with specific and disproportionate pressure on their asylum systems , due in particular to their geographical or demographic situation . ### the resources of the asylum , migration and integration fund should be used to provide adequate support to member states ' efforts in implementing the standards set by this regulation , in particular in relation to promoting sustainable integration of beneficiaries of international protection and to providing support to those member states which are facing challenges as part of their asylum systems , due in particular to their social , geographical or demographic situation . to that end , adequate funding should be made available to local and regional authorities and international and civil society organisations , including through the possibility for local and regional authorities to access the asylum migration and integration fund and other funds for actions that fall directly under their responsibilities in a more direct and efficient manner .


### the documents referred to in paragraphs 1 and 2 shall not be issued where compelling reasons of national security or public order so require . ### the documents referred to in paragraphs 1 and 2 shall not be issued where compelling reasons of national security so require .


### the determining authority shall assess the relevant elements of the application in accordance with article 33 of regulation xxx / xxx [ procedures regulation . ] ### in cooperation with the applicant , the determining authority shall assess the relevant elements of the application in accordance with article 33 of regulation xxx / xxx [ procedures regulation . ]


### as regards the required proof in relation to the existence of a serious and individual threat to the life or person of an applicant , in accordance with relevant case law of the court of justice of the european union36 , determining authorities should not require the applicant to adduce evidence that he is specifically targeted by reason of factors particular to his personal circumstances . however , the level of indiscriminate violence required to substantiate the application is lower if the applicant is able to show that he is specifically affected by reason of factors particular to his personal circumstance . moreover , the existence of a serious and individual threat should exceptionally be established by the determining authorities solely on account of the presence of the applicant on the territory or relevant part of the territory of the country of origin provided the degree of indiscriminate violence characterising the armed conflict taking place reaches such a high level that there are substantial grounds for believing that a civilian , returned to the country or origin or to the relevant part of country of origin , would , solely on account of his presence on the territory of that country or region , face a real risk of being subject to the serious threat . _________________ 36 c - 465 / 07 . ### as regards the required proof in relation to the existence of a serious threat to the life or person of an applicant , in accordance with relevant case law of the court of justice of the european union and the european court of human rights , the required level of harm needs not be equivalent to torture or inhuman or degrading treatment or punishment . the level of indiscriminate violence required to substantiate the application is lower if the applicant is able to show that he is specifically affected by reason of factors particular to his personal circumstance . moreover , the existence of a serious threat should be established by the determining authorities solely on account of the presence of the applicant on the territory or relevant part of the territory of the country of origin provided the degree of indiscriminate violence characterising the armed conflict taking place reaches such a level that there are substantial grounds for believing that a civilian , returned to the country of origin or to the relevant part of country of origin , would , solely on account of his or her presence on the territory of that country or region , face a real risk of being subject to the serious threat .


### competent authorities shall issue travel documents to beneficiaries of refugee status , in the form set out in the schedule to the geneva convention and with the minimum security features and biometrics outlined in council regulation no 2252 / 200445 . those travel documents shall be valid for at least one year . __________________ 45 council regulation no 2252 / 2004 of 13 december 2004 on standards for in passports and travel documents issued by member states ### competent authorities shall issue travel documents to beneficiaries of refugee status , in the form set out in the schedule to the geneva convention and with the minimum security features and biometrics outlined in council regulation no 2252 / 200445 . those travel documents shall be valid for at least five years . __________________ 45 council regulation no 2252 / 2004 of 13 december 2004 on standards for in passports and travel documents issued by member states


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


### a regulation is therefore necessary to ensure a more consistent level of harmonisation throughout the union and to provide a higher degree of legal certainty and transparency . ### a directive is therefore necessary to ensure the implementation of equally high standards of protection and a more consistent level of harmonisation throughout the union and to provide a higher degree of legal certainty and transparency .


### the resources of the asylum , migration and refugee fund should be used to provide adequate support to member states’ efforts in implementing the standards set by the regulation , in particular to those member states which are faced with specific and disproportionate pressure on their asylum systems , due in particular to their geographical or demographic situation . ### the resources of the asylum , migration and integration fund should be used to provide adequate support to member states’ efforts in implementing the standards set by the regulation , in particular to those member states that are faced with specific and disproportionate pressure on their asylum systems , due in particular to their geographical or demographic situation . in addition , member states should take full advantage , at all levels of governance , of the possibilities offered by funds which are not directly related to asylum and migration policy but which can be used to fund actions in that area , for example integration actions , such as those available under the european social fund , the fund for european aid to the most deprived , horizon 2020 , the european regional development fund and the rights , equality and citizenship programme . those funds should be made directly accessible to local and regional authorities for actions that fall directly under their responsibilities .


### - members share an innate characteristic , or a common background that cannot be changed , or share a characteristic or belief that is so fundamental to identity or conscience that a person should not be forced to renounce it , and ### - members share an innate characteristic , or a common background that cannot be changed , or share a characteristic or belief that is so fundamental to identity or conscience that a person should not be forced to renounce it , or


### in other accommodation suitable for minors . ### in other open accommodation suitable for minors which take account of their vulnerability and ensures their safety .


### points to of paragraph 1 shall apply to persons who incite or otherwise participate in the commission of the crimes or acts mentioned therein . ### points to of paragraph 1 may apply to persons who incite or otherwise participate in the commission of the crimes or acts mentioned therein .


### the competent authorities shall provide beneficiaries of international protection with information on the rights and obligations relating to refugee status or subsidiary protection status , as soon as possible after that has been granted . that information shall be provided in a language that the beneficiary can understand or is reasonably supposed to understand and shall make explicit references to the consequences of not complying with the obligations outlined in article 28 on movement within the union . ### the competent authorities shall provide beneficiaries of international protection with information on the rights and obligations relating to refugee status or subsidiary protection status , as soon as possible after that has been granted . that information shall be provided in a language that the beneficiary can understand and shall make explicit references to the consequences of not complying with the obligations outlined in article 28 on movement within the union .


### the minor children of the couples referred to in point or of the beneficiary of international protection , on condition that they are unmarried and regardless of whether they were born in or out of wedlock or adopted as defined under national law ; ### the children of the couples referred to in point or of the beneficiary of international protection , regardless of whether they were born in or out of wedlock or adopted as defined under national law ;


### in order to prevent secondary movements within the european union , beneficiaries of international protection , if found in a member state other than the member state having granted them protection without fulfilling the conditions of stay or reside , should be taken back by the member state responsible in accordance with the procedure laid down by regulation41 __________________ 41 no [ xxx / xxxx new dublin regulation ] . ### beneficiaries of international protection , if found in a member state other than the member state having granted them protection without fulfilling the conditions of stay or reside , should be taken back by the member state responsible in accordance with the procedure laid down by regulation41 __________________ 41 no [ xxx / xxxx new dublin regulation ] .


### access to healthcare , including both physical and mental healthcare , should be ensured to beneficiaries of international protection . ### access to healthcare , including both physical and mental healthcare , and including sexual and reproductive healthcare , should be ensured to beneficiaries of international protection .


### the main objective of this regulation is , on the one hand , to ensure that member states apply common criteria for the identification of persons genuinely in need of international protection and , on the other hand , to ensure that a common set of rights is available for those persons in all member states . ### the main objective of this directive is , on the one hand , to ensure that member states apply common criteria for the identification of persons in need of international protection and , on the other hand , to ensure that a common set of rights is available for those persons in all member states .


### the fact that an applicant has already been subject to persecution or serious harm , or to direct threats of such persecution or such harm , shall be considered a serious indication of the applicant’s well - founded fear of persecution or real risk of suffering serious harm , unless there are good reasons to consider that such persecution or serious harm will not be repeated . ### the fact that an applicant has already been subject to persecution or serious harm , or to direct threats of such persecution or such harm , shall be considered a serious indication of the applicant ' s well - founded fear of persecution or real risk of suffering serious harm .


### in addition , especially to avoid social hardship , it is appropriate to provide beneficiaries of international protection with social assistance without discrimination . however , as regards beneficiaries of subsidiary protection , member states should be given some flexibility , to limit such rights to core benefits , which is to be understood as covering at least minimum income support , assistance in the case of illness , or pregnancy , and parental assistance , in so far as those benefits are granted to nationals under national law . in order to facilitate their integration , member states should be given the possibility to make the access to certain type of social assistances specified in national law , for both refugees and beneficiaries of subsidiary protection , conditional on the effective participation of the beneficiary of international protection in integration measures . ### in addition , especially to avoid social hardship , it is appropriate to provide beneficiaries of international protection with social assistance without discrimination . in order to facilitate their integration , member states should be given the possibility to make the access to certain types of social assistances specified in national law conditional on the effective participation of the beneficiary of international protection in integration measures .


### protection can be provided , where they are willing and able to offer protection , either by the state or by parties or organisations , including international organisations , meeting the conditions set out in this directive , which control a region or a larger area within the territory of the state . such protection should be effective and of a non - temporary nature . ### protection can only be provided by a state , where its authorities are willing and able to offer protection . such protection should be effective and of a non - temporary nature .


### a serious and individual threat to a civilian’s life or person by reason of indiscriminate violence in situations of international or internal armed conflict . ### a serious threat to a civilian’s life or person by reason of indiscriminate violence in situations of international or internal armed conflict .


### for a well - functioning ceas , including of the dublin system , substantial progress should be made regarding the convergence of national asylum systems with special regard to differing recognition rates and type of protection status in the member states . in addition , rules on status review should be strengthened to ensure that protection is only granted to those who need it and for so long as it continues to be needed . moreover , divergent practices regarding the duration of the residence permits should be avoided , and the rights granted to beneficiaries of international protection should be further clarified and harmonised . ### for a well - functioning ceas , including of the dublin system , substantial progress should be made regarding the convergence of national asylum systems with special regard to differing recognition rates and type of protection status in the member states . moreover , divergent practices regarding the duration of the residence permits should be avoided , and the rights granted to beneficiaries of international protection should be further clarified and harmonised in order to ensure that equally high standards of protection are achieved in all member states .


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


### the concept of a particular social group shall include , in particular , a group where : ### the concept of membership of a particular social group shall include , in particular , a group where :


### following the paris agreement adopted under the united nations framework convention on climate change4 , the eib should aim to sustain the current high level of climate relevant spending under the elm , contributing to increasing its climate - related investment in developing countries from 25 % to 35 % by 2020 . _________________ 4 council decision 2016 / 590 of 11 april 2016 on the conclusion , on behalf of the european union , of the paris agreement adopted under the united nations framework convention on climate change . ### following the paris agreement adopted under the united nations framework convention on climate change4 , the eib should aim to increase the current high level of climate relevant spending under the elm , contributing to increasing its climate - related investment in developing countries from 25 % to 35 % by 2020 , in accordance with the commitment taken in its climate strategy . the eib should take into account the conclusions of the european council of 22 may 2013 to phase out environmentally or economically harmful subsidies , including those for fossil fuels . _________________ 4 council decision 2016 / 590 of 11 april 2016 on the conclusion , on behalf of the european union , of the paris agreement adopted under the united nations framework convention on climate change .


### ' an assessment of the contribution of eib financing operations to the fulfilment of union external policy and strategic objectives , taking into account the regional technical operational guidelines referred to in article 5 ; ' ### in article 11 , point shall be replaced by the following : ' an assessment of the contribution of eib financing operations to the fulfilment of union external policy and strategic objectives . the commission , in cooperation with the european external action service , shall establish a framework and methodology for annual reporting by the eib on its operations covered by the community guarantee and their compliance with the general principles guiding union external action as referred to in article 21 teu . the key objective of this reporting shall be to monitor the compliance of the eib with obligations under the teu and notably the provisions of its article 21 , including respect for and promotion of human rights , eradication of poverty , and the management of environmental risks . that methodology shall be developed by the commission and the eeas during the first year following the entry into force of this revised decision and build on reporting on human rights compliance by the eib , as requested by the eu strategic framework and action plan for human rights . based on the annual reporting from the eib , the commission shall submit each year to the european parliament its own evaluation of the information provided by the eib and suggest possible changes in the policies and procedures followed by the eib for adoption by the member states after taking into account the opinion of the european parliament on those changes . possible recommendations by the european commission and the european parliament on how to improve eib reporting to that end shall be reflected by it in the context of the updating of the regional technical operational guidelines . '


### ' 6 . eib financing operations supporting the general objective set out in point of paragraph 1 shall support investment projects predominantly in the areas of transport , energy , environmental infrastructure , information and communication technology , health and education . this includes production and integration of energy from renewable sources , energy systems transformation enabling a switch to lower carbon intensive technologies and fuels , sustainable energy security and energy infrastructure , including for gas production and transportation to union energy market , as well as electrification of rural areas , environmental infrastructure such as water and sanitation and green infrastructure , telecommunications and broadband network infrastructure . ' ### in article 3 , paragraph 6 is replaced by the following : ' 6 . eib financing operations supporting the general objective set out in point of paragraph 1 shall support investment projects predominantly in the areas of transport , energy , environmental infrastructure , information and communication technology , health and education . this includes production and integration of energy from renewable sources , energy efficiency measures , energy systems transformation enabling a switch to lower carbon intensive technologies and fuels , sustainable energy security and energy infrastructure , as well as electrification of rural areas , environmental infrastructure such as water and sanitation and green infrastructure , telecommunications and broadband network infrastructure . '


### addressing root causes of migration should be added as a new objective of the mandate . ### deleted


### in order to allow the elm to respond to potential upcoming challenges and union priorities , as well as to provide a strategic response addressing root causes of migration , the maximum ceiling for the eib financing operations under the eu guarantee should be increased to eur 32 300 000 000 by releasing the optional additional amount of eur 3 000 000 000 . under the general mandate , the amount of eur 1 400 000 000 should be earmarked for projects in the public sector directed to refugees and host communities in crisis affected areas . ### in order to allow the elm to respond to potential upcoming challenges and union priorities the maximum ceiling for the eib financing operations under the eu guarantee should be increased to eur 32 300 000 000 by releasing the optional additional amount of eur 3 000 000 000 .


### the right referred to in paragraph 1 shall not extend to the use in criminal proceedings of material which may be obtained from the suspects or accused persons through the use of lawful compulsory powers but which has an existence independent of the will of the suspects or accused persons . ### the right referred to in paragraph 1 shall not extend to the use in criminal proceedings of the following material , provided that it is obtained from the suspects or accused persons by lawful means : material acquired pursuant to a warrant ; material in respect of which there is a legal obligation of retention and production on request ; breath , blood and urine samples and bodily tissue for the purpose of dna testing .


### the presumption of innocence is violated if , without the accused’s having previously been proved guilty according to law , a judicial decision or a public statement by judicial or other public authorities presents the suspects or accused persons as if they were convicted . ### the presumption of innocence is violated if , without the accused’s having previously been proved guilty according to law , judicial or other public authorities make a statement or perform an action that is likely to present the suspects or accused persons as guilty .


### member states shall ensure that suspects or accused persons are presumed innocent until proven guilty according to law . ### member states shall ensure that suspects or accused persons are presumed innocent until proven guilty by a final judgment delivered according to law in a public trial at which they have had all the guarantees necessary for their defence .


### this directive applies to natural persons suspected or accused in criminal proceedings until the final conclusion of those proceedings . ### this directive applies to natural persons suspected or accused in criminal proceedings , irrespective of their nationality or place of residence , including where the proceedings are brought by the european public prosecutor ' s office referred to in article 86 of the treaty on the functioning of the european union , until the final conclusion of those proceedings , namely when a final and unappealable judicial decision has been handed down .


### the right not to incriminate oneself and not to cooperate should not extend to the use in criminal proceedings of material which may be obtained from the suspect or accused person through the use of lawful compulsory powers but which has an existence independent of the will of the suspects or accused persons , such as material acquired pursuant to a warrant , material in respect of which there is a legal obligation of retention and production upon request , breath , blood and urine samples and bodily tissue for the purpose of dna testing . ### the right not to incriminate oneself and not to cooperate should not extend to the use in criminal proceedings of material which may be obtained from the suspect or accused person through the use of lawful compulsory powers but which has an existence independent of the will of the suspects or accused persons . however , this should only apply to material acquired pursuant to a warrant , material in respect of which there is a legal obligation of retention and production upon request , and breath , blood and urine samples and bodily tissue for the purpose of dna testing .


### member states shall ensure that , before a final conviction , public statements and official decisions from public authorities do not refer to the suspects or accused persons as if they were convicted . ### member states shall ensure that , before a final conviction , no actions are performed or statements made by judicial , political or administrative or other public authorities that are likely to present the suspects or accused persons as if they were convicted .


### member states shall ensure that suspects or accused persons have the right not to incriminate themselves and not to cooperate in any criminal proceeding . ### member states shall ensure that suspects or accused persons have the right not to incriminate themselves in any criminal proceeding .


### member states shall ensure that appropriate measures are taken in the event of a breach of that requirement . ### member states shall ensure that appropriate measures , such as compensation and , where appropriate , a retrial , are taken in the event of a breach of the requirement laid down in this article .


### any evidence obtained in breach of this article shall not be admissible , unless the use of such evidence would not prejudice the overall fairness of the proceedings . ### any evidence obtained in breach of this article shall not be admissible .


### the purpose of this directive is to enhance the right to a fair trial in criminal proceedings by laying down minimum rules concerning certain aspects of the presumption of innocence and the right to be present at the trial . ### the purpose of this directive is to enhance the right to a fair trial in criminal proceedings by laying down minimum rules concerning certain aspects of the presumption of innocence and the right to be present at the trial , and to ensure that a common high level of protection and the procedural safeguards linked thereto are available to suspects and accused persons throughout the eu , without prejudice to the higher protection standards which may be in use in a given member state .


### member states may impose reasonable ‘ must carry’ obligations , for the transmission of specified radio and television broadcast channels and related complementary services , particularly accessibility services to enable appropriate access for disabled end - users and data supporting connected tv services and electronic programme guides , on undertakings under their jurisdiction providing electronic communications networks used for the distribution of radio or television broadcast channels to the public where a significant number of end - users of such networks use them as their principal means to receive radio and television broadcast channels . such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each member state and shall be proportionate and transparent . ### member states shall impose reasonable ‘ must carry’ obligations , for the transmission of specified radio and television broadcast channels and related complementary services , particularly accessibility services to enable appropriate access to content and electronic programming guide for end - users with disabilities and data supporting connected tv services and electronic programme guides , on undertakings under their jurisdiction providing electronic communications networks used for the distribution of radio or television broadcast channels to the public where a significant number of end - users of such networks use them as their principal means to receive radio and television broadcast channels . such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each member state and shall be proportionate and transparent .


### promote the interests of the citizens of the union , including in the long term , by ensuring widespread availability and take - up of very high capacity connectivity , both fixed and mobile , and of interpersonal communications services , by enabling maximum benefits in terms of choice , price and quality on the basis of effective competition , by maintaining security of networks and services , by ensuring a high and common level of protection for end - users through the necessary sector - specific rules and by addressing the needs , such as for affordable prices , of specific social groups , in particular disabled users , elderly users and users with special social needs . ### promote the interests of the citizens of the union , including in the long term , by ensuring widespread availability and take - up of very high capacity connectivity , both fixed and mobile , and of interpersonal communications services , including through voice , video , real time text , and relay services for end - users with disabilities , by enabling maximum benefits in terms of choice , price and quality on the basis of effective competition , by maintaining security of networks and services , by ensuring a high and common level of protection for end - users through the necessary sector - specific rules and by addressing the needs , such as for affordable prices , of specific social groups , in particular users with disabilities , elderly users and users with special social needs .


### member states shall ensure that in order to implement article 40 , the competent authorities have the power to issue binding instructions , including those regarding the measures required to remedy a breach and time - limits for implementation , to undertakings providing public communications networks or publicly available electronic communications services . ### member states shall ensure that in order to implement article 40 , the competent authorities have the power to issue binding instructions , including those regarding the measures required to prevent or remedy an incident and time - limits for implementation , to undertakings providing public communications networks or publicly available electronic communications services .


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


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


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


### where appropriate , the competent authority concerned shall inform the competent authorities in other member states and the european network and information security agency . the competent authority concerned may inform the public or require the undertakings to do so , where it determines that disclosure of the breach is in the public interest . ### where appropriate , the authority concerned shall inform the competent authorities in other member states and the european network and information security agency . the competent authority concerned may inform the public or require the undertakings to do so , where it determines that disclosure of the incident is in the public interest . prior to informing the public , the competent authority is required to consult the undertakings .


### in particular , where member states decide to impose obligations to ensure the availability at a fixed location of functional internet access service as defined in accordance with article 79 and of voice communications service , they may designate one or more undertakings to guarantee the availability at a fixed location of functional internet access service as identified in accordance with article 79 and of voice communications service in order to cover all the national territory . member states may designate different undertakings or sets of undertakings to provide functional internet access and voice communications services at a fixed location and / or to cover different parts of the national territory . ### in particular , where member states decide to impose obligations to ensure the availability at a fixed location of functional internet access service as defined in accordance with article 79 of conversational communications service , they may designate one or more undertakings to guarantee the availability at a fixed location of functional internet access service as identified in accordance with article 79 and of conversational communications service in order to cover all the national territory . member states may designate different undertakings or sets of undertakings to provide text and video relay services , functional internet access and conversational communications services at a fixed location and / or to cover different parts of the national territory .


### member states shall ensure that access for disabled end - users to emergency services is available through emergency communications and equivalent to that enjoyed by other end - users . measures taken to ensure that disabled end - users are able to access emergency services through emergency communications whilst travelling in other member states shall be based to the greatest extent possible on european standards or specifications published in accordance with the provisions of article 39 , and they shall not prevent member states from adopting additional requirements in order to pursue the objectives set out in this article . ### member states shall ensure that access for disabled end - users with disabilities to emergency services is available through emergency communications and equivalent to that enjoyed by other end - users , including through total conversation services and available third party relay services { conversational communication services } . the commission and the national regulatory and other competent authorities shall take appropriate measures to ensure that end - users with disabilities can access emergency services on an equal basis with others , whilst travelling in other member state , in particular through the use of total conversation services and available relay services . these measures shall ensure interoperability across member states and shall be based to the greatest extent possible on european standards or specifications published in accordance with the provisions of article 39 , and they shall not prevent member states from adopting additional requirements in order to pursue the objectives set out in this article .


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


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


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


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


### where member states establish that , in the light of national conditions , retail prices for services identified in article 79 are not affordable , because low - income or special social needs end - users are prevented from accessing such services , they may require undertakings which provide such services to offer to those end - users tariff options or packages different from those provided under normal commercial conditions . to that end , member states may require such undertakings to apply common tariffs , including geographic averaging , throughout the territory . member states shall ensure that end - users entitled to such tariff options or packages have a right to contract with an undertaking providing the services identified in article 79 and that such undertaking provides them with an adequate period of availability of a number and avoid unwarranted disconnection of service . ### where member states establish that , in the light of national conditions , retail prices for services identified in article 79 are not affordable , because low - income or special social needs end - users are prevented from accessing such services , they may require undertakings which provide such services to offer to those end - users tariff options or packages different from those provided under normal commercial conditions . to that end and in that case , member states shall require such undertakings to apply common tariffs , including geographic averaging , throughout the territory . member states shall ensure that end - users entitled to such tariff options or packages have a right to contract with an undertaking providing the services identified in article 79 and that such undertaking provides them with an adequate period of availability of a number and avoid unwarranted disconnection of service .


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


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


### member states shall ensure that all end - users in their territory have access at an affordable price , in the light of specific national conditions , to available functional internet access and voice communications services at the quality specified in their territory , including the underlying connection , at least at a fixed location . ### member states shall ensure that all end - users in their territory have access at an affordable price , in the light of specific national conditions , to available broadband internet access and communications services at the quality specified in their territory , including the underlying connection , at least at a fixed location . the available , accessible and affordable universal service is indispensable for enabling social inclusion and providing a social safety net by establishing a right to a basic internet access service .


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


### where a member state has duly demonstrated , account taken of the results of the geographical survey conducted in accordance with article 22 , that the availability at a fixed location of functional internet access service as defined in accordance with article 79 and of voice communications service cannot be ensured under normal commercial circumstances or through other potential public policy tools , it may impose appropriate universal service obligations to meet all reasonable requests for accessing those services in its territory . ### where a member state has duly demonstrated , account taken of the results of the geographical survey conducted in accordance with article 22 , that the availability at a fixed location of functional internet access service as defined in accordance with article 79 of conversational communications service cannot be ensured under normal commercial circumstances or through other potential public policy tools , it shall impose appropriate universal service obligations to meet all reasonable requests for accessing those services in its territory .


### member states may impose reasonable ‘ must carry’ obligations , for the transmission of specified radio and television broadcast channels and related complementary services , particularly accessibility services to enable appropriate access for disabled end - users and data supporting connected tv services and electronic programme guides , on undertakings under their jurisdiction providing electronic communications networks used for the distribution of radio or television broadcast channels to the public where a significant number of end - users of such networks use them as their principal means to receive radio and television broadcast channels . such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each member state and shall be proportionate and transparent . ### member states may impose reasonable ' must carry ' obligations , for the transmission of specified radio and audiovisual media services and related complementary services , particularly accessibility services to enable appropriate access for disabled end - users and obligations enabling access for end - users to connected tv services and to the specified services on electronic programme guides , on undertakings under their jurisdiction providing electronic communications networks used for the distribution of radio or audiovisual media services to the public where a significant number of end - users of such networks use them to receive radio and audiovisual media services . member states may impose reasonable ' must offer ' entitlements , in respect of specified radio and audiovisual media services of general interest , to the benefit of undertakings subject to must - carry obligations under their jurisdiction . such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each member state and shall be proportionate and transparent .


### member states may impose reasonable ‘ must carry’ obligations , for the transmission of specified radio and television broadcast channels and related complementary services , particularly accessibility services to enable appropriate access for disabled end - users and data supporting connected tv services and electronic programme guides , on undertakings under their jurisdiction providing electronic communications networks used for the distribution of radio or television broadcast channels to the public where a significant number of end - users of such networks use them as their principal means to receive radio and television broadcast channels . such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each member state and shall be proportionate and transparent . ### member states shall impose reasonable ‘ must carry’ obligations , for the transmission of specified radio and television broadcast channels and related complementary services , particularly accessibility services to enable appropriate access to content and electronic programming guide for end - users with disabilities and data supporting connected tv services and electronic programme guides , on undertakings under their jurisdiction providing electronic communications networks used for the distribution of radio or television broadcast channels to the public where a significant number of end - users of such networks use them as their principal means to receive radio and television broadcast channels . such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each member state and shall be proportionate and transparent .


### member states should take specific measures to ensure that emergency services , including ‘ 112’ , are equally accessible to disabled end - users , in particular deaf , hearing - impaired , speech - impaired and deaf - blind users . this could involve the provision of special terminal devices for hearing - impaired users , text relay services , or other specific equipment . ### member states should take specific measures to ensure that emergency services , including ' 112 ' , are equally accessible to end - users with disabilities , in particular deaf , hearing - impaired , speech - impaired and deaf - blind users through real - time text or the use of third party relay services interoperable with the telephony networks across the eu . this could also involve the provision of special terminal devices for people with disabilities when the abovementioned ways of communication are not suitable for them .


### the speed of internet access experienced by a given user may depend on a number of factors , including the provider of internet connectivity as well as the given application for which a connection is being used . the affordable functional internet access service should be sufficient in order to support access to and use of a minimum set of basic services that reflect the services used by the majority of end - users . this minimum list of services should be further defined by member states , in order to allow an adequate level of social inclusion and participation in the digital society and economy in their territory . ### the speed of internet access experienced by a given user may depend on a number of factors , including the provider of internet connectivity as well as the given application for which a connection is being used . the affordable internet access service should be sufficient in order to support access to and use of a minimum set of basic services that reflect the services used by the majority of consumers . this should allow an adequate level of social inclusion and participation in the digital society and economy in the territory of member states . the requirements of union law on open internet , in particular as provided for in regulation no 2015 / 2120 of the european parliament and of the council , should apply to any such internet access service .


### member states should take specific measures to ensure that emergency services , including ‘ 112’ , are equally accessible to disabled end - users , in particular deaf , hearing - impaired , speech - impaired and deaf - blind users . this could involve the provision of special terminal devices for hearing - impaired users , text relay services , or other specific equipment . ### member states should take specific measures to ensure that emergency services , including ‘ 112’ , are equally accessible to end - users with disabilities , in particular deaf , hearing - impaired , speech - impaired , blind and deaf - blind users through real - time text or the use of third party relay services interoperable with the telephony networks across the eu . this could also involve the provision of special terminal devices for people with disabilities when the abovementioned ways of communication are not suitable for them .


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


### promote the interests of the citizens of the union , including in the long term , by ensuring widespread availability and take - up of very high capacity connectivity , both fixed and mobile , and of interpersonal communications services , by enabling maximum benefits in terms of choice , price and quality on the basis of effective competition , by maintaining security of networks and services , by ensuring a high and common level of protection for end - users through the necessary sector - specific rules and by addressing the needs , such as for affordable prices , of specific social groups , in particular disabled users , elderly users and users with special social needs . ### promote the interests of the citizens of the union , including in the long term , by ensuring widespread availability and take - up of very high capacity connectivity , both fixed and mobile , and of interpersonal communications services , including through voice , video , real time text , and relay services for end - users with disabilities , by enabling maximum benefits in terms of choice , price and quality on the basis of effective competition , by maintaining security of networks and services , by ensuring a high and common level of protection for end - users through the necessary sector - specific rules and by addressing the needs , such as for affordable prices , of specific social groups , in particular users with disabilities , elderly users and users with special social needs .


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


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


### in order to ensure effective access to emergency services through emergency communications to ‘ 112’ services in the member states , the commission shall be empowered to adopt delegated acts in accordance with article 109 on the measures necessary to ensure the compatibility , interoperability , quality , reliability and continuity of emergency communications in the union with regard to caller location solutions , access for disabled end - users and routing to the most appropriate psap . ### in order to ensure effective access to emergency services through emergency communications to ‘ 112’ services in the member states , the commission shall be empowered to adopt delegated acts in accordance with article 109 on the measures necessary to ensure the compatibility , interoperability , quality , reliability and continuity of emergency communications in the union with regard to caller location solutions access for end - users and accessibility for persons with disabilities and routing to the most appropriate psap .


### in particular , member states shall ensure that national regulatory authorities establish a consultation mechanism ensuring that in their decisions on issues related to end - user and consumer rights concerning publicly available electronic communications services , due consideration is given to consumer interests in electronic communications . ### in particular , member states shall ensure that national regulatory authorities establish a consultation mechanism , accessible for persons with disabilities , ensuring that in their decisions on issues related to end - user and consumer rights concerning publicly available electronic communications services , due consideration is given to consumer interests in electronic communications .


### where member states establish that , in the light of national conditions , retail prices for services identified in article 79 are not affordable , because low - income or special social needs end - users are prevented from accessing such services , they may require undertakings which provide such services to offer to those end - users tariff options or packages different from those provided under normal commercial conditions . to that end , member states may require such undertakings to apply common tariffs , including geographic averaging , throughout the territory . member states shall ensure that end - users entitled to such tariff options or packages have a right to contract with an undertaking providing the services identified in article 79 and that such undertaking provides them with an adequate period of availability of a number and avoid unwarranted disconnection of service . ### where member states establish that , in the light of national conditions , retail prices for services identified in article 79 are not affordable , because low - income or special social needs end - users are prevented from accessing such services , they may require undertakings which provide such services to offer to those end - users tariff options or packages different from those provided under normal commercial conditions . to that end and in that case , member states shall require such undertakings to apply common tariffs , including geographic averaging , throughout the territory . member states shall ensure that end - users entitled to such tariff options or packages have a right to contract with an undertaking providing the services identified in article 79 and that such undertaking provides them with an adequate period of availability of a number and avoid unwarranted disconnection of service .


### affordable price means a price defined by member states at national level in the light of specific national conditions , and may involve special tariff options or packages to deal with the needs of low - income users or users with special social needs , including the elderly , the disabled and the end - users living in rural or geographically isolated areas . these offers should be provided with basic features , in order to avoid distortion of the functioning of the market . affordability for individual end - users should be founded upon their right to contract with an undertaking , availability of a number , continued connection of service and their ability to monitor and control their expenditure . ### affordable price means a price defined by member states at national level in the light of specific national conditions , and may involve special tariff options or packages to deal with the needs of low - income users or users with special social needs . these end - users may include older people , persons with disabilities and the end - users living in rural or geographically isolated areas . these offers should be provided with basic features , in order to ensure their right to access publicly available electronic communication services . affordability for individual end - users should be founded upon their right to contract with an undertaking , availability of a number , continued connection of service and their ability to monitor and control their expenditure .


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