### 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 audiovisual media services and related complementary services , particularly accessibility services to enable access for end - users with disabilities and data supporting and enabling end - user access to connected tv services and electronic programme guides , on undertakings under their jurisdiction providing electronic communications networks and services used for the distribution of radio or audiovisual media services to the public where a significant number of end - users and services use such networks to receive radio and audiovisual media services . such obligations shall 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 be able to lay down proportionate obligations on undertakings under their jurisdiction , in the interest of legitimate public policy considerations , but such obligations should only be imposed where they are necessary to meet general interest objectives clearly defined by member states in conformity with union law and should be proportionate and transparent . ‘ must carry’ obligations may be applied to specified radio and television broadcast channels and complementary services supplied by a specified media service provider . obligations imposed by member states should be reasonable , that is they should be proportionate and transparent in the light of clearly defined general interest objectives . member states should provide an objective justification for the ‘ must carry’ obligations that they impose in their national law so as to ensure that such obligations are transparent , proportionate and clearly defined . the obligations should be designed in a way which provides sufficient incentives for efficient investment in infrastructure . obligations should be subject to periodic review at least every five years in order to keep them up - to - date with technological and market evolution and in order to ensure that they continue to be proportionate to the objectives to be achieved . obligations could , where appropriate , entail a provision for proportionate remuneration . ### ‘ must carry’ obligations may be applied to specified radio and audiovisual media services and complementary services supplied by a specified media service provider . obligations imposed by member states should be reasonable , that is they should be proportionate and transparent in the light of clearly defined general interest objectives , in particular media pluralism and cultural diversity . member states should provide an objective justification for the ‘ must carry’ obligations that they impose in their national law so as to ensure that such obligations are transparent , proportionate and clearly defined . obligations should be subject to periodic review at least every five years in order to keep them up - to - date with technological and market evolution and in order to ensure that they continue to be proportionate to the objectives to be achieved . obligations could , where appropriate , entail a provision for proportionate remuneration .


### national regulatory authorities shall , acting in pursuit of the objectives set out in article 3 , encourage and where appropriate ensure , in accordance with the provisions of this directive , adequate access and interconnection , and the interoperability of services , exercising their responsibility in a way that promotes efficiency , sustainable competition , the deployment of very high capacity networks , efficient investment and innovation , and gives the maximum benefit to end - users . they shall provide guidance and make publicly available the procedures applicable to gain access and interconnection to ensure that small and medium - sized enterprises and operators with a limited geographical reach can benefit from the obligations imposed . ### national regulatory authorities shall , acting in pursuit of the objectives set out in article 3 , encourage and where appropriate ensure , in accordance with the provisions of this directive , adequate access and interconnection , and the interoperability of services , exercising their responsibility in a way that promotes efficiency , sustainable competition , media pluralism , the deployment of very high capacity networks , efficient investment and innovation , and gives the maximum benefit to end - users . they shall provide guidance and make publicly available the procedures applicable to gain access and interconnection to ensure that small and medium - sized enterprises and operators with a limited geographical reach can benefit from the obligations imposed .


### neither paragraph 1 of this article nor article 57 shall prejudice the ability of member states to determine appropriate remuneration , if any , in respect of measures taken in accordance with this article while ensuring that , in similar circumstances , there is no discrimination in the treatment of undertakings providing electronic communications networks . where remuneration is provided for , member states shall ensure that it is applied in a proportionate and transparent manner . ### neither paragraph 1 of this article nor article 57 shall prejudice the ability of member states to determine appropriate remuneration , if any , in respect of measures taken in accordance with this article while ensuring that , in similar circumstances , there is no discrimination in the treatment of undertakings providing electronic communications networks and services . where remuneration is provided for , member states shall ensure that it is applied in a proportionate and transparent manner .


### 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 audiovisual media services and related complementary services , particularly accessibility services to enable appropriate access to content and electronic programming guides for end - users with disabilities and data supporting and enabling end - users access to connected tv services and electronic programme guides , on undertakings under their jurisdiction providing electronic communications networks and services used for the distribution of radio or audiovisual media services to the public where a significant number of end - users of such networks and services use them as their principal means to receive radio and audiovisual media services . 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 .


### a genuinely humane killing method cannot be effectively and consistently applied in the hunts conducted by the inuit and other indigenous communities , just like in the other seal hunts . nonetheless , it is appropriate , in light of the objective pursued by regulation no 007 / 2009 , to make the placing in the union market of products resulting from hunts by the inuit and other indigenous communities conditional upon those hunts being conducted in a manner which reduces pain , distress , fear or other forms of suffering of the animals hunted to the extent possible , while having regard to the traditional way of life and the subsistence needs of the inuit and other indigenous communities . the exception granted in respect of seal products resulting from hunts conducted by inuit and other indigenous communities should be limited to hunts that contribute to the subsistence need of those communities and are therefore not conducted primarily for commercial purposes . thus , the commission should be enabled to limit , if necessary , the quantity of seal products placed on the market under that exception in order to prevent the use of the exception by products resulting from hunts which are conducted primarily for commercial purposes . ### it is appropriate , in light of the objective pursued by regulation no 1007 / 2009 , to make the placing in the union market of products resulting from hunts by the inuit and other indigenous communities conditional upon those hunts being conducted in a manner which reduces pain , distress , fear or other forms of suffering of the animals hunted to the extent possible , while having regard to the traditional way of life and the subsistence needs of the inuit and other indigenous communities . the exception granted in respect of seal products resulting from hunts conducted by inuit and other indigenous communities should be limited to hunts that contribute to the subsistence need of those communities and are therefore not conducted solely for commercial purposes . thus , the commission should be enabled to limit , if necessary , the quantity of seal products placed on the market under that exception in order to prevent the use of the exception by products resulting from hunts which are conducted for commercial purposes .


### regulation no 1007 / 2009 of the european parliament and of the council2 was adopted with the objective of eliminating obstacles to the functioning of the internal market due to differences in national measures regulating trade in seal products . those measures were adopted in response to public moral concerns about the animal welfare aspects of the killing of seals and the possible presence on the market of products obtained from animals killed in a way that causes excessive pain , distress , fear and other forms of suffering . such concerns were supported by scientific evidence showing that a genuinely humane killing method cannot be consistently and effectively applied and enforced in the specific conditions in which seal hunting takes place . in order to achieve that objective , regulation no 1007 / 2009 introduced , as a general rule , a prohibition of placing on the market of seal products . ____________ 2 regulation no 1007 / 2009 of the european parliament and of the council of 16 september 2009 on trade in seal products . ### regulation no 1007 / 2009 of the european parliament and of the council2 was adopted with the objective of eliminating obstacles to the functioning of the internal market due to differences in national measures regulating trade in seal products . those measures were adopted in response to public moral concerns about the animal welfare aspects of the killing of seals and the possible presence on the market of products obtained from animals killed in a way that causes excessive pain , distress , fear and other forms of suffering . in order to achieve that objective , regulation no 1007 / 2009 introduced , as a general rule , a prohibition of placing on the market of seal products _______________ 2 regulation no 1007 / 2009 of the european parliament and of the council of 16 september 2009 on trade in seal products .


### if the number of seals hunted , the quantity of seal products being placed on the market pursuant to paragraph 1 or other circumstances are such as to indicate that a hunt is conducted primarily for commercial purposes , the commission shall be empowered to adopt delegated acts in accordance with article 4 in order to limit the quantity of products resulting from that hunt that may be placed on the market . ### if the number of seals hunted , the quantity of seal products being placed on the market pursuant to paragraph 1 or other circumstances are such as to indicate that a hunt is conducted primarily for commercial purposes , the commission shall be empowered to adopt delegated acts in accordance with article 4 in order to prohibit the placing on the market of products resulting from that hunt .


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


### irrespective of whether the raw materials were cultivated inside or outside the territory of the community , energy from biofuels and bioliquids shall be taken into account for the purposes referred to in points , and only if they fulfil the sustainability criteria set out in paragraphs 2 to 6 : ### in paragraph 1 , the introductory part of the first subparagraph is replaced by the following : “1 . irrespective of whether the raw materials were cultivated inside or outside the territory of the community , energy from biofuels and bioliquids shall be taken into account for the purposes referred to in points , and only if they fulfil the sustainability criteria set out in paragraphs 2 to 7 and do not exceed contributions set out in article 3 : ”


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


### for the purposes of article 7a and article 7b , life cycle greenhouse gas emissions from biofuels shall be calculated as follows : where a default value for greenhouse gas emission savings for the biofuel production pathway is laid down in part a or b of annex iv and where the el value for those biofuels calculated in accordance with point 7 of part c of annex iv is equal to or less than zero , by using that default value ; by using an actual value calculated in accordance with the methodology laid down in part c of annex iv ; or by using a value calculated as the sum of the factors of the formula referred to in point 1 of part c of annex iv , where disaggregated default values in part d or e of annex iv may be used for some factors , and actual values , calculated in accordance with the methodology laid down in part c of annex iv , for all other factors . ### paragraph 1 is replaced by the following : ' 1 . for the purposes of article 7a and article 7b , life cycle greenhouse gas emissions from biofuels shall be calculated as follows : where a default value for greenhouse gas emission savings for the biofuel production pathway is laid down in part a or b of annex iv and where the el value for those biofuels calculated in accordance with point 7 of part c of annex iv is equal to or less than zero , &#160 ; and where the estimated indirect land - use change emissions are zero in accordance with part b of annex v , &#160 ; by using that default value ; by using an actual value calculated in accordance with the methodology laid down in part c of annex iv adding the estimates for indirect land - use change emissions set out in annex v ; by using a value calculated as the sum of the factors of the formula referred to in point 1 of part c of annex iv , where disaggregated default values in part d or e of annex iv may be used for some factors , and actual values , calculated in accordance with the methodology laid down in part c of annex iv , for all other factors , adding the estimates for indirect land - use change emissions set out in annex v . ' for the purposes of article 7a , from 2017 onwards the lifecycle greenhouse gas emissions from biofuels shall be calculated by adding the respective value in annex v to the result obtained pursuant to the first subparagraph . '


### a greater use of electricity from renewable sources is a means of addressing many of the challenges in the transport sector as well as in other energy sectors . it is therefore appropriate to provide additional incentives to stimulate the use of electricity from renewable sources in the transport sector , and to increase the multiplication factors for the calculation of the contribution from electricity from renewable sources consumed by electrified rail transport and electric road vehicles so as to enhance their deployment and market penetration . ### a greater use of electricity from renewable sources is a means of addressing many of the challenges in the transport sector as well as in other energy sectors . it is therefore appropriate to provide additional incentives to stimulate the use of electricity from renewable sources in the transport sector .


### part b . feedstocks , the contribution of which towards the target referred to in the first subparagraph of article 3 shall be considered to be twice their energy content ### part b . feedstocks from waste and residues whose contribution towards the target referred to in article 3 shall be considered to be twice their energy content


### based on forecasts of biofuel demand provided by the member states and estimates of indirect land - use change emissions for different biofuel feedstocks , it is likely that greenhouse gas emissions linked to indirect land - use change are significant , and could negate some or all of the greenhouse gas emission savings of individual biofuels . this is because almost the entire biofuel production in 2020 is expected to come from crops grown on land that could be used to satisfy food and feed markets . in order to reduce such emissions , it is appropriate to distinguish between crop groups such as oil crops , sugars and cereals and other starch - rich crops accordingly . ### based on forecasts of biofuel demand provided by the member states and estimates of indirect land - use change emissions for different biofuel feedstocks greenhouse gas emissions linked to indirect land use change are significant , and will negate some or all of the greenhouse gas savings of individual biofuels . this is because land - based biofuels have received a large amount of public subsidies , and therefore almost the entire biofuel production in 2020 is expected to come from crops grown on land that could be used to satisfy food and feed markets . furthermore , biofuel production from food crops contributes to food price volatility and may have a significant negative social impact on livelihoods and the ability to implement human rights including the right to food or access to land for local communities living in poverty in countries outside the union . in order to reduce such emissions and such negative social impact and mitigate such negative effects on food security , it is appropriate to focus , in particular , on reducing the projected use of biofuels grown on land as well as taking into account indirect land - use change emissions when calculating the greenhouse gas emission savings required under the sustainability criteria set out in directives 2009 / 28 / ec and 98 / 70 / ec . furthermore , in order to find medium and long - term solutions , it is necessary to encourage research and development in new advanced biofuels sectors that are not in competition with food crops and to further study the impact of different groups of crops on both direct and indirect land - use changes .


### based on forecasts of biofuel demand provided by the member states and estimates of indirect land - use change emissions for different biofuel feedstocks , it is likely that greenhouse gas emissions linked to indirect land - use change are significant , and could negate some or all of the greenhouse gas emission savings of individual biofuels . this is because almost the entire biofuel production in 2020 is expected to come from crops grown on land that could be used to satisfy food and feed markets . in order to reduce such emissions , it is appropriate to distinguish between crop groups such as oil crops , sugars and cereals and other starch - rich crops accordingly . ### based on forecasts of biofuel demand provided by the member states and estimates of indirect land - use change emissions for different biofuel feedstocks , it is likely that greenhouse gas emissions linked to indirect land - use change are significant , and will negate some or all of the greenhouse gas emission savings of individual biofuels . this is because land - based biofuels have received a large amount of public subsidies , and therefore almost the entire biofuel production in 2020 is expected to come from crops grown on land that could be used to satisfy food and feed markets . furthermore , biofuel production from food crops contributes to food price volatility and may have a significant negative social impact on livelihoods and the ability to implement human rights including the right to food or access to land for local communities living in poverty in countries outside the union . in order to reduce such emissions and such negative social impact and mitigate such negative effects on food security , it is appropriate to focus , in particular , on reducing the projected use of biofuels grown on land as well as taking into account indirect land - use change emissions when calculating the greenhouse gas emission savings required under the sustainability criteria set out in directives 2009 / 28 / ec and 98 / 70 / ec .


### in order to ensure the long - term competitiveness of bio - based industrial sectors , and in line with the commission communication of 13 february 2012 entitled ' innovating for sustainable growth : a bioeconomy for europe ' and the commission communication of 20 september 2011 entitled ' roadmap to a resource efficient europe ' , promoting integrated and diversified biorefineries across europe , enhanced incentives under directive 2009 / 28 / ec should be set in a way that gives preference to the use of biomass feedstocks that do not have a high economic value for uses other than biofuels . ### in order to ensure the long - term competitiveness of bio - based industrial sectors , and in line with the 2012 communication ' innovating for sustainable growth : a bioeconomy for europe ' and the roadmap to a resource efficient europe , promoting integrated and diversified biorefineries across europe , enhanced incentives under directive 2009 / 28 / ec should be set in a way that gives preference to the use of biomass feedstocks that do not have a high economic value for other uses than biofuels or which do not impact on the environment in such a way as to compromise local ecosystems by depriving food crops of land and water .


### part b . feedstocks , the contribution of which towards the target referred to in the first subparagraph of article 3 shall be considered to be twice their energy content ### part b . feedstocks , the contribution of which towards the target referred to in the first subparagraph of article 3 shall be considered to be once their energy content


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


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


### for the purposes of article 17 , the greenhouse gas emission saving from the use of biofuel and bioliquids shall be calculated as follows : where a default value for greenhouse gas emission saving for the production pathway is laid down in part a or b of annex v and where the el value for those biofuels or bioliquids calculated in accordance with point 7 of part c of annex v is equal to or less than zero , by using that default value ; by using an actual value calculated in accordance with the methodology laid down in part c of annex v ; or by using a value calculated as the sum of the factors of the formula referred to in point 1 of part c of annex v , where disaggregated default values in part d or e of annex v may be used for some factors , and actual values , calculated in accordance with the methodology laid down in part c of annex v , for all other factors . ### paragraph 1 is replaced by the following : “1 . for the purposes of article 17 , the greenhouse gas emission saving from the use of biofuels and bioliquids shall be calculated as follows : where a default value for greenhouse gas emission saving for the production pathway is laid down in part a or b of annex v and where the el value for those biofuels or bioliquids calculated in accordance with point 7 of part c of annex v is equal to or less than zero , and where the estimated indirect land - use change emissions are zero in accordance with part b of annex viii , by using that default value ; by using an actual value calculated in accordance with the methodology laid down in part c of annex v adding the estimates for indirect land - use change emissions set out in annex viii ; by using a value calculated as the sum of the factors of the formula referred to in point 1 of part c of annex v , where disaggregated default values in part d or e of annex v may be used for some factors , and actual values , calculated in accordance with the methodology laid down in part c of annex v , for all other factors , adding the estimates for indirect land - use change emissions set out in annex viii . for the purposes of art 17 from 2020 onwards the lifecycle greenhouse gas emissions from biofuels shall be calculated by adding the respective value in annex v to the result obtained pursuant to the first subparagraph . ”


### for the calculation of biofuels in the numerator , the share of energy from biofuels produced from cereal and other starch - rich crops , sugars and oil crops shall be no more than 7 % of the final consumption of energy in transport in the member states in 2020 ; ### for the calculation of biofuels in the numerator , the share of energy from biofuels produced from cereal and other starch - rich crops , sugars and oil crops shall be no more than 7 % of the final consumption of energy in transport in the member states in 2020 , unless they are ' low indirect land use change risk biofuels and bioliquids ' ;


### for the purposes of article 17 , the greenhouse gas emission saving from the use of biofuel and bioliquids shall be calculated as follows : where a default value for greenhouse gas emission saving for the production pathway is laid down in part a or b of annex v and where the el value for those biofuels or bioliquids calculated in accordance with point 7 of part c of annex v is equal to or less than zero , by using that default value ; by using an actual value calculated in accordance with the methodology laid down in part c of annex v ; or by using a value calculated as the sum of the factors of the formula referred to in point 1 of part c of annex v , where disaggregated default values in part d or e of annex v may be used for some factors , and actual values , calculated in accordance with the methodology laid down in part c of annex v , for all other factors . ### paragraph 1 is replaced by the following : ' 1 . for the purposes of article 17 , the greenhouse gas emission saving from the use of biofuels and bioliquids shall be calculated as follows : where a default value for greenhouse gas emission saving for the production pathway is laid down in part a or b of annex v and where the el value for those biofuels or bioliquids calculated in accordance with point 7 of part c of annex v is equal to or less than zero , and where the estimated indirect land - use change emissions are zero in accordance with part b of annex viii , by using that default value ; by using an actual value calculated in accordance with the methodology laid down in part c of annex v adding the estimates for indirect land - use change emissions set out in annex viii ; by using a value calculated as the sum of the factors of the formula referred to in point 1 of part c of annex v , where disaggregated default values in part d or e of annex v may be used for some factors , and actual values , calculated in accordance with the methodology laid down in part c of annex v , for all other factors , adding the estimates for indirect land - use change emissions set out in annex viii . '


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


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


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


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


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


### for the purposes of article 7a and article 7b , life cycle greenhouse gas emissions from biofuels shall be calculated as follows : where a default value for greenhouse gas emission savings for the biofuel production pathway is laid down in part a or b of annex iv and where the el value for those biofuels calculated in accordance with point 7 of part c of annex iv is equal to or less than zero , by using that default value ; by using an actual value calculated in accordance with the methodology laid down in part c of annex iv ; or by using a value calculated as the sum of the factors of the formula referred to in point 1 of part c of annex iv , where disaggregated default values in part d or e of annex iv may be used for some factors , and actual values , calculated in accordance with the methodology laid down in part c of annex iv , for all other factors . ### ' 1 . for the purposes of article 7a and article 7b , life cycle greenhouse gas emissions from biofuels shall be calculated as follows : where a default value for greenhouse gas emission savings for the biofuel production pathway is laid down in part a or b of annex iv and where the el value for those biofuels calculated in accordance with point 7 of part c of annex iv is equal to or less than zero , &#160 ; and where the estimated indirect land - use change emissions are zero in accordance with part b of annex v , &#160 ; by using that default value ; by using an actual value calculated in accordance with the methodology laid down in part c of annex iv adding the estimates for indirect land - use change emissions set out in annex v ; by using a value calculated as the sum of the factors of the formula referred to in point 1 of part c of annex iv , where disaggregated default values in part d or e of annex iv may be used for some factors , and actual values , calculated in accordance with the methodology laid down in part c of annex iv , for all other factors , adding the estimates for indirect land - use change emissions set out in annex v . ' for the purposes of article 7a , from 2017 onwards the lifecycle greenhouse gas emissions from biofuels shall be calculated by adding the respective value in annex v to the result obtained pursuant to the first subparagraph . '


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


### the development and share of biofuels made from feedstocks listed in annex&#160 ; ix including a resource assessment focusing on the sustainability aspects relating to the effect of the replacement of food and feed products for biofuel production , taking due account of the principles of the waste hierarchy established in directive&#160 ; 2008 / 98 / ec , the biomass cascading principle , the maintenance of the necessary carbon stock in the soil and the quality of the soil and the ecosystems ; ### the development and share of biofuels made from feedstocks listed in annex&#160 ; ix including a resource assessment focusing on the sustainability aspects relating to the effect of the replacement of food and feed products for biofuel production .


### member states shall seek to achieve the objective of a minimum proportion of biofuels produced from feedstocks and other fuels , listed in part a of annex ix , being consumed on their territory . to that effect , each member state shall set a national target , which it shall endeavour to achieve . a reference value for this target is 0 , 5 percentage points in energy content of the share of energy from renewable sources in all forms of transport in 2020 referred to in the first subparagraph , to be met with biofuels produced from feedstocks and other fuels , listed in part a of annex ix , and which shall be considered to be twice their energy content in accordance with point of this subparagraph and part a of annex ix . in addition , biofuels made from feedstocks not listed in annex ix that were determined to be wastes , residues , non - food cellulosic material or ligno - cellulosic material by the competent national authorities and are used in existing installations prior to the adoption of directive 2014 / … / eu + of the european parliament and of the council* , may be counted towards the national target . member states may set a national target lower than the reference value of 0 , 5 percentage points , based on one or more of the following grounds : objective factors such as the limited potential for the sustainable production of biofuels produced from feedstocks and other fuels , listed in part a of annex ix , or the limited availability of such biofuels at cost - efficient prices on the market , taking into account the assessment contained in the commission report referred to in article&#160 ; 3 of directive&#160 ; 2014 / &#8230 ; / eu + ; the specific technical or climatic characteristics of the national market for transport fuels , such as the composition and condition of the road vehicle fleet ; or national policies allocating commensurate financial resources to incentivising the use of electricity from renewable energy sources in transport . the commission shall publish : – the national targets of the member states and , where applicable , the grounds for differentiation of their national target as compared to the reference value , notified in accordance with article 4 of directive 2014 / … / eu + ; – a synthesis report on member states ' achievements towards their national targets . ; __________________ + oj : please insert the number of this directive . ### member states shall ensure that a minimum proportion of biofuels produced from feedstocks and other fuels , listed in part a of annex ix , is consumed on their territory . to that effect , each member state shall set a national target . this target is 2 , 5 percentage points in energy content of the share of energy from renewable sources in all forms of transport in 2020 . in addition , biofuels made from feedstocks not listed in annex ix that were determined to be wastes , residues , non - food cellulosic material or ligno - cellulosic material by the competent national authorities and are used in existing installations prior to the adoption of directive 2014 / … / eu + of the european parliament and of the council* , may be counted towards the national target .


### ' low indirect land - use change - risk biofuels and bioliquids ' means biofuels and bioliquids , the feedstocks of which are not listed in part a of annex viii , or are listed in part a of annex viii , but were produced within schemes which reduce the displacement of production for purposes other than for making biofuels and bioliquids and which were produced in accordance with the sustainability criteria for biofuels and bioliquids laid down in article 17 . only the amount of feedstock which corresponds to the actual reduction in displacement achieved through the scheme may be considered . such schemes may either operate as individual projects at a local level or as policy measures covering partly or entirely the territory of a member state or a third country . displacement of production for purposes other than for making biofuels and bioliquids can be reduced if the scheme achieves productivity increases within the area it covers beyond levels which would have prevailed in the absence of such productivity - promoting schemes . ### ' low indirect land - use change - risk biofuels ' means biofuels , the feedstocks of which are not listed in part a of annex viii , or are listed in part a of annex viii , but were produced within schemes which offset indirect land use change emissions resulting from actions that reduce the demand for agricultural land and / or increase the efficiency of agro - forestry product chains or which reduce the displacement of production for purposes other than for making biofuels and which were produced in accordance with the sustainability criteria for biofuels laid down in article 17 . only the amount of feedstock which corresponds to the actual reduction in displacement achieved through the scheme may be considered . such schemes may either operate as individual projects at a local level or as policy measures covering partly or entirely the territory of a member state or a third country . displacement of production for purposes other than for making biofuels can be reduced if the scheme achieves productivity increases within the area it covers beyond levels which would have prevailed in the absence of such productivity - promoting schemes ;


### the fact that a third country is on the eu common list of safe countries of origin cannot establish an absolute guarantee of safety for nationals of that country and therefore does not dispense with the need to conduct an appropriate individual examination of the application for international protection . by its very nature , the assessment underlying the designation can only take into account the general , civil , legal and political circumstances in that country and whether actors of persecution , torture or inhuman or degrading treatment or punishment are subject to sanction in practice when found liable in that country . for this reason , where an applicant shows that there are serious reasons to consider the country not to be safe in his or her particular circumstances , the designation of the country as safe can no longer be considered relevant for him or her . ### the fact that a third country is on the eu common list of safe countries of origin cannot establish an absolute guarantee of safety for nationals of that country and therefore does not dispense with the need to conduct an appropriate individual examination of the application for international protection . by its very nature , the assessment underlying the designation can only take into account the general , civil , legal and political circumstances in that country and whether actors of persecution , torture or inhuman or degrading treatment or punishment are subject to sanction in practice when found liable in that country . for this reason , where an applicant shows that there are reasons to consider the country not to be safe in his or her particular circumstances , the designation of the country as safe can no longer be considered relevant for him or her .


### a decision which rejects an application as inadmissible pursuant to article 36 and ; ### a decision which rejects an application as inadmissible pursuant to article 36 ;


### medical examinations may be used to determine the age of unaccompanied minors within the framework of the examination of an application where , following statements by the applicant or other relevant indications including a psychosocial assessment , there are doubts as to whether or not the applicant is under the age of 18 . where the result of the medical examination is not conclusive , or includes an age - range below 18 years , member states shall assume that the applicant is a minor . ### medical examinations may be used , as a measure of last resort , to determine the age of unaccompanied minors within the framework of the examination of an application where , following statements by the applicant or other relevant indications including a psychosocial assessment , there are grounds for serious doubt as to whether or not the applicant is under the age of 18 and other approaches , such as attempts to gather documentary evidence , and other age assessment procedures that member states may have decided to undertake have failed to determine the age of the applicant . where the result of the medical examination is not conclusive , or includes an age - range below 18 years , member states shall assume that the applicant is a minor .


### where the adult responsible for the accompanied minor does not lodge an application on behalf of the minor within the ten working days provided for in article 28 , the minor shall be informed of the possibility to lodge his or her application in his or her own name and given an opportunity to do so within a further ten working - day period starting from the expiry of the first ten working - day period if he or she has the legal capacity to act in procedures according to the national law of the member state concerned . where the minor does not lodge his or her application in his or her own name within these further ten working days , the application shall be rejected as abandoned in accordance with the procedure referred to in article 39 . ### where the adult responsible for the accompanied minor does not lodge an application on behalf of the minor within the 15 working days provided for in article 28 , the minor shall be informed of the possibility to lodge his or her application in his or her own name and given an opportunity to do so within a further 15 working - day period starting from the expiry of the first 15 working - day period if he or she has the legal capacity to act in procedures according to the national law of the member state concerned . where the minor does not lodge his or her application in his or her own name within these further 15 working days , the authority with responsibility under article 5 shall lodge an application on behalf of the minor if , on the basis of an individual assessment of his or her personal situation , it is of the opinion that the minor may need international protection .


### where the adult responsible for the accompanied minor does not lodge an application on behalf of the minor within the ten working days provided for in article 28 , the minor shall be informed of the possibility to lodge his or her application in his or her own name and given an opportunity to do so within a further ten working - day period starting from the expiry of the first ten working - day period if he or she has the legal capacity to act in procedures according to the national law of the member state concerned . where the minor does not lodge his or her application in his or her own name within these further ten working days , the application shall be rejected as abandoned in accordance with the procedure referred to in article 39 . ### where the adult responsible for the accompanied minor does not lodge an application on behalf of the minor within the ten working days provided for in article 28 , the minor shall be informed of the possibility and the procedure to lodge his or her application in his or her own name and given an effective opportunity to do so within a further ten working - day period starting from the moment the minor is informed if he or she has the legal capacity to act in procedures according to the national law of the member state concerned . where the minor does not lodge his or her application in his or her own name within these further ten working days , the application shall be rejected as abandoned in accordance with the procedure referred to in article 39 . where the minor does not have the legal capacity to act in procedures according to the national law of the member state concerned , the determining authority shall act on behalf of the minor , with due regard to his or her views .


### the possibility exists to receive protection in accordance with the substantive standards of the geneva convention or sufficient protection as referred to in article 44 , as appropriate . ### the possibility exists , according to national law , to receive effective protection in accordance with the geneva convention , with the full respect of all the rights deriving from it and no geographical scope limitations .


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


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


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


### the time - limits provided for in this paragraph shall start to run from the date when the decision of the determining authority is notified to the applicant or from the moment the legal adviser or counsellor is appointed if the applicant has introduced a request for free legal assistance and representation . ### the time - limits provided for in this paragraph shall start to run from the date when the decision of the determining authority is notified to the applicant . if the applicant has requested free legal assistance and representation in accordance with article 15 , the time - limits shall start to run from the date on which the legal adviser or counsellor is appointed .


### a key consideration as to whether an application for international protection is well - founded is the safety of the applicant in his or her country of origin . having regard to the fact that regulation no xxx / xxx aims to achieve a high level of convergence on the qualification of third - country nationals and stateless persons as beneficiaries of international protection , this regulation establishes common criteria for designating third countries as safe countries of origin and , in view of the need to strengthen the application of the safe country of origin concept as an essential tool to support the swift processing of applications that are likely to be unfounded , this regulation sets out an eu common list of safe countries of origin . ### a key consideration as to whether an application for international protection is well - founded is the safety of the applicant in his or her country of origin . having regard to the fact that regulation no xxx / xxx aims to achieve a high level of convergence on the qualification of third - country nationals and stateless persons as beneficiaries of international protection , this regulation establishes common criteria for designating third countries as safe countries of origin and , sets out an eu common list of safe countries of origin .


### the guardian shall perform his or her duties in accordance with the principle of the best interests of the child , shall have the necessary expertise , and shall not have a verified record of child - related crimes or offences . ### the guardian shall perform his or her duties in accordance with the principle of the best interests of the child , shall have the necessary qualifications and expertise , and shall not have a criminal record , in particular as regards any child - related crimes or offences . the responsible authorities shall regularly review the criminal records of appointed guardians in order to identify potential incompatibilities with their role .


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


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


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


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


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


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


### where an applicant refuses to cooperate by not providing the details necessary for the examination of the application and by not providing his or her fingerprints and facial image , and the responsible authorities have properly informed that person of his or her obligations and has ensured that that person has had an effective opportunity to comply with those obligations , his or her application shall be rejected as abandoned in accordance with the procedure referred to in article 39 . ### where an applicant refuses to cooperate in accordance with paragraph 2 , and the responsible authorities have properly informed that person of his or her obligations and the consequences of refusing to cooperate , and where the responsible authorites have ensured that that person has had an effective opportunity to comply with those obligations , his or her application may be rejected as implicitly withdrawn in accordance with the procedure referred to in article 39 .


### the commission shall regularly review the situation in third countries that are on the eu common list of safe countries of origin , with the assistance of the union agency for asylum and based on the other sources of information referred to in article 45 . ### the commission shall continuously review the situation in third countries that are on the eu common list of safe countries of origin or suspended from that list in accordance with article 49 . it shall also continuously review those countries ' compliance with the conditions for the designation of a country as a safe country of origin set out in article 47 , with the assistance of the union agency for asylum and based on the other sources of information referred to in article 47 . it shall keep the european parliament informed in a timely manner .


### the determining authority shall assess the admissibility of an application , in accordance with the basic principles and guarantees provided for in chapter ii , and shall reject an application as inadmissible where any of the following grounds applies : ### the determining authority may assess the admissibility of an application , in accordance with the basic principles and guarantees provided for in chapter ii , and may reject an application as inadmissible where any of the following grounds applies :


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


### the establishment of an eu common list of safe countries of origin and an eu common list for safe third countries should address some of the existing divergences between member states’ national lists of safe countries . while member states should retain the right to apply or introduce legislation that allows for the national designation of third countries other than those designated as safe third countries at union level or appearing on the eu common list as safe countries of origin , the establishment of such common designation or list should ensure that the concept is applied by all member states in a uniform manner in relation to applicants whose countries of origin are on the common list or who have a connection with a safe third country . this should facilitate convergence in the application of procedures and thereby also deter secondary movements of applicants for international protection . for that reason , the possibility of using national lists or designations should come to an end within a period of five years from entry into force of this regulation . ### the establishment of an eu common list of safe countries of origin and an eu common list for safe third countries should address some of the existing divergences between member states’ national lists of safe countries and support the rapid processing of requests . while member states should retain the right to apply or introduce legislation that allows for the national designation of third countries other than those designated as safe third countries at union level or appearing on the eu common list as safe countries of origin , the establishment of such common designation or list should ensure that the concept is applied by all member states in a uniform manner in relation to applicants whose countries of origin are on the common list or who have a connection with a safe third country . this should facilitate convergence in the application of procedures and thereby also deter secondary movements of applicants for international protection . this eu mechanism needs to co - exist on a transitional basis with the national lists . for that reason , the possibility of using national lists or designations should come to an end within a period of five years from entry into force of this regulation .


### suspension and removal of the designation of a third country as a safe third country at union level or from the eu common list of safe country of origin ### suspension of a third country from the eu common list of safe countries of origin


### the concept of safe third country should be applied as a ground for inadmissibility where the applicant , due to a connection to the third country including one through which he or she has transited , can reasonably be expected to seek protection in that country , and there are grounds for considering that the applicant will be admitted or readmitted to that country . member states should proceed on that basis only where they are satisfied including , where necessary or appropriate , based on assurances obtained from the third country concerned , that the applicant will have the possibility to receive protection in accordance with the substantive standards of the geneva convention or will enjoy sufficient protection , particularly as regards the right of legal residence , appropriate access to the labour market , reception facilities , healthcare and education , and the right to family reunification in accordance with international human rights standards . ### member states should be able to apply the concept of safe third country where the applicant , due to a meaningful connection to the third country , can reasonably be expected to seek protection in that country , and there are grounds for considering that the applicant will be admitted or readmitted to that country . member states should proceed on that basis only where they are satisfied including , where necessary or appropriate , based on assurances obtained from the third country concerned , that the applicant will receive protection in accordance with the the geneva convention or will enjoy effective protection in that country equivalent to the protection granted to refugees , particularly as regards the right of legal residence , appropriate access to the labour market , reception facilities , healthcare and education , and the right to family reunification in accordance with international human rights standards , with no risk of refoulement to another third country or arbitrary deprivation of liberty .


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


### the establishment of an eu common list of safe countries of origin and an eu common list for safe third countries should address some of the existing divergences between member states’ national lists of safe countries . while member states should retain the right to apply or introduce legislation that allows for the national designation of third countries other than those designated as safe third countries at union level or appearing on the eu common list as safe countries of origin , the establishment of such common designation or list should ensure that the concept is applied by all member states in a uniform manner in relation to applicants whose countries of origin are on the common list or who have a connection with a safe third country . this should facilitate convergence in the application of procedures and thereby also deter secondary movements of applicants for international protection . for that reason , the possibility of using national lists or designations should come to an end within a period of five years from entry into force of this regulation . ### the establishment of an eu common list of safe countries of origin and the definitive abolition of national lists of safe countries of origin shall guarantee that the concept is applied by all member states in a uniform manner in relation to applicants whose countries of origin are on the common list and is bound to lead to the full convergence of asylum procedures in the eu if the procedural stages and time limits are harmonised , particularly for accelerated procedures . for that reason , the possibility of using national lists or designations should come to an end within a period of three years from entry into force of this regulation .


### the establishment of an eu common list of safe countries of origin and an eu common list for safe third countries should address some of the existing divergences between member states’ national lists of safe countries . while member states should retain the right to apply or introduce legislation that allows for the national designation of third countries other than those designated as safe third countries at union level or appearing on the eu common list as safe countries of origin , the establishment of such common designation or list should ensure that the concept is applied by all member states in a uniform manner in relation to applicants whose countries of origin are on the common list or who have a connection with a safe third country . this should facilitate convergence in the application of procedures and thereby also deter secondary movements of applicants for international protection . for that reason , the possibility of using national lists or designations should come to an end within a period of five years from entry into force of this regulation . ### the establishment of an eu common list of safe countries of origin should address some of the existing divergences between member states’ national lists of safe countries of origin . while member states should retain the right to apply or introduce legislation that allows for the national designation of third countries as safe countries of origin , the establishment of such a common list should ensure that the concept is applied by all member states in a uniform manner in relation to applicants whose countries of origin are on the common list . this should facilitate convergence in the application of procedures and thereby also deter secondary movements of applicants for international protection . for that reason , the possibility of using national lists of safe countries of origin should come to an end within a period of three years from entry into force of this regulation .


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


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


### in the case of an unaccompanied minor , the ten working - day period for the lodging the application provided for in article 28 shall only start to run from the moment a guardian of the unaccompanied minor is appointed and has met with him or her . where his or her guardian does not lodge an application on behalf of the unaccompanied minor within those ten working days , the determining authority shall lodge an application on behalf of the unaccompanied minor if , on the basis of an individual assessment of his or her personal situation , it is of the opinion that the minor may need international protection . ### in the case of an unaccompanied minor , the 15 working - day period for the lodging the application provided for in article 28 shall only start to run from the moment a guardian of the unaccompanied minor is appointed and has met with him or her . where his or her guardian does not lodge an application on behalf of the unaccompanied minor within those 15 working days , the authority with responsibility under article 5 shall lodge an application on behalf of the unaccompanied minor if , on the basis of an individual assessment of his or her personal situation , it is of the opinion that the minor may need international protection .


### the determining authority shall start the examination to withdraw international protection from a particular person when new elements or findings arise indicating that there are reasons to reconsider the validity of his or her international protection , and in particular in those instances referred to in articles 15 and 21 of regulation no xxx / xxx . ### the determining authority may start the examination to withdraw international protection from a particular person in those instances referred to in articles 15 and 21 of regulation no xxx / xxx .


### the right to remain shall not constitute an entitlement to a residence permit and it shall not give the applicant the right to travel to the territory of other member states without authorisation as referred to in article 6 of directive xxx / xxx / eu . ### the right to remain shall not give the applicant the right to travel to the territory of other member states without authorisation as referred to in article 6 of directive xxx / xxx / eu .


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


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


### where medical examinations are used to determine the age of unaccompanied minors , the determining authority shall ensure that unaccompanied minors are informed , prior to the examination of their application for international protection , and in a language that they understand or are reasonably meant to understand , of the possibility that their age be determined by medical examination . this shall include information on the method of examination and possible consequences which the result of the medical examination may have for the examination of the application , as well as on the possibility and consequences of a refusal on the part of the unaccompanied minor , or of his or her guardian , to undergo the medical examination . ### where medical examinations are used to determine the age of unaccompanied minors , the determining authority shall ensure that unaccompanied minors are informed , prior to the examination of their application for international protection , and in a language that they understand and a child - friendly and age appropriate manner , of the possibility that their age be determined by medical examination . this shall include information on the method of examination and possible consequences which the result of the medical examination may have for the examination of the application , as well as on the possibility and consequences of a refusal on the part of the unaccompanied minor , or of his or her guardian , to undergo the medical examination .


### where a decision not to grant free legal assistance and representation is taken by an authority which is not a court or tribunal on ground that the appeal is considered as having no tangible prospect of success , the applicant shall have the right to an effective remedy before a court or tribunal against that decision , and for that purpose he or she shall be entitled to request free legal assistance and representation . ### where a decision not to grant free legal assistance and representation is taken by an authority which is not a court or tribunal on ground that the appeal is considered as having no tangible prospect of success , the applicant shall have the right to an effective remedy before a court or tribunal against that decision , and for that purpose he or she shall be entitled to request free legal assistance and representation . in the application of this paragraph , member states shall ensure that legal assistance and representation is not arbitrarily restricted and that the applicant’s effective access to justice is not hindered .


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


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


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


### the absence of a personal interview shall not prevent the determining authority from taking a decision on an application for international protection . ### without prejudice to article 10 , paragraph 1 , and article 11 , paragraph 1 , and provided that sufficient efforts have been made to ensure that the applicant has been afforded the opportunity of a personal interview , the absence of a personal interview shall not prevent the determining authority from taking a decision on an application for international protection .


### where an applicant refuses to cooperate by not providing the details necessary for the examination of the application and by not providing his or her fingerprints and facial image , and the responsible authorities have properly informed that person of his or her obligations and has ensured that that person has had an effective opportunity to comply with those obligations , his or her application shall be rejected as abandoned in accordance with the procedure referred to in article 39 . ### where an applicant refuses to cooperate in accordance with paragraph 2 , and the responsible authorities have properly informed that person of his or her obligations and the consequences of refusing to cooperate , and where the responsible authorites have ensured that that person has had an effective opportunity to comply with those obligations , his or her application may be rejected as implicitly withdrawn in accordance with the procedure referred to in article 39 .


### suspension and removal of the designation of a third country as a safe third country at union level or from the eu common list of safe country of origin ### suspension and removal from the eu common list of safe countries of origin


### the following authorities shall have the task of receiving and registering applications for international protection as well as informing applicants as to where and how to lodge an application for international protection : ### without prejudice to paragraph 1 , the following authorities may also receive and register applications for international protection and shall have the task of informing applicants as to where and how to lodge an application for international protection :