### this regulation respects the fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union including the respect for private and family life , the right to the protection of personal data , the right to free movement and the right to an effective remedy . ### this regulation respects the fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union including the respect for human dignity , the right to the integrity of the person , the prohibition of inhuman or degrading treatment , the right to equality before the law , non - discrimination , the rights of the child and the elderly , gender equality , private and family life , the right to the protection of personal data , the right to free movement and the right to an effective remedy .


### by 12 months after the entry into force at the latest , the commission shall establish a detailed programme for monitoring the outputs , results and impacts of this regulation . ### by 12 months after the entry into force at the latest , the commission shall establish a detailed programme for monitoring the outputs , results and impacts of this regulation , including its impact on fundamental rights .


### no sooner than six years after the date of application of this regulation , the commission shall carry out an evaluation of this regulation and present a report on the main findings to the european parliament , the council and the european economic and social committee . the evaluation shall be conducted according to the commission ' s better regulation guidelines . ### no sooner than six years after the date of application of this regulation , the commission shall carry out an evaluation of this regulation and present a report on the main findings to the european parliament , the council and the european economic and social committee . the evaluation shall be conducted according to the commission ' s better regulation guidelines , which shall include a chapter examining the impact on fundamental rights .


### the greenhouse gas emission saving from the use of biofuels taken into account for the purposes referred to in paragraph 1 shall be at least 60 % for biofuels produced in installations starting operation after … + . an installation shall be considered to be in operation if the physical production of biofuels has taken place . __________________ + oj : please insert the date of entry into force of this directive . ### the greenhouse gas emission saving from the use of biofuels and bioliquids taken into account for the purposes referred to in paragraph 1 shall be at least 60 % for biofuels produced in installations starting operation after … + . an installation shall be considered to be in operation if the physical production of biofuels has taken place . __________________ + oj : please insert the date of entry into force of this directive .


### the greenhouse gas emission saving from the use of biofuels shall be calculated in accordance with article 7d . ### the greenhouse gas emission saving from the use of biofuels and bioliquids shall be calculated in accordance with article 7d .


### 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 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 . '


### ' waste ' shall be defined as in article 3 of directive 2008 / 98 / ec of the european parliament and of the council* ; substances that have been intentionally modified or contaminated to meet that definition are not covered by this definition ; ### ' waste ' means any substance or object which the holder discards or intends or is required to discard , as defined in article 3 of directive 2008 / 98 / ec of the european parliament and of the council and whose status is subject to independent verification and certification as to its compliance with the waste hierarchy established in article 4 of that directive or with a comparable waste prevention and management programme . substances that have been intentionally modified or contaminated to meet that definition are not covered by this category ;


### 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 .


### engines which are in compliance with and covered by the scope of the new rules on emission limits and eu type - approval procedures should be permitted to be placed on the market in the member states ; those engines should not be subject to any other national emission requirement . member state granting approvals should take the necessary verification measures in order to ensure the identification of engines produced under each eu type - approval . ### engines which are in compliance with and covered by the scope of the new rules on emission limits and eu type - approval procedures should be permitted to be placed on the market in the member states ; those engines should not be subject to any other national emission requirement . member state granting approvals should take verification and control measures where circumstances so require for the import and supply of engines on the eu market , so as to ensure that they conform to eu type - approval requirements in each case .


### engines which are in compliance with and covered by the scope of the new rules on emission limits and eu type - approval procedures should be permitted to be placed on the market in the member states ; those engines should not be subject to any other national emission requirement . member state granting approvals should take the necessary verification measures in order to ensure the identification of engines produced under each eu type - approval . ### engines which are in compliance with and covered by the scope of the new rules on emission limits and eu type - approval procedures should be permitted to be placed on the market in the member states ; those engines should not be subject to any other national emission requirement governing their placing on the market . member state granting approvals should take the necessary verification measures in order to ensure the identification of engines produced under each eu type - approval . this shall be without prejudice to the right of member states to encourage or restrict the use of engines placed on the market , provided that the methods chosen are not discriminatory and are objectively justified .


### approval authorities shall make public by means of the union central administrative platform referred to in article 41 , a register of all engine types and engine families , for which they have granted eu type - approval , containing at least the following information : trademark , designation of manufacturer , engine category , number of type - approval , and date of type - approval . ### approval authorities shall make public by means of the union central administrative platform referred to in article 41 , a register of all engine types and engine families , for which they have granted eu type - approval , containing at least the following information : trademark , designation of manufacturer , engine category , number of type - approval , and date of type - approval , as well as technical parameters .


### for eu type - approved engines , market surveillance authorities shall perform , on an adequate scale and on the basis of adequate samples , documentary checks and , where appropriate , physical and laboratory checks of engines . when doing so , they shall take account of established principles of risk assessment , of any complaints and of other relevant information . ### for eu type - approved engines , market surveillance authorities shall perform , on an adequate scale and on the basis of a significant percentage of samples in accordance with point 2 of annex ii , control system , to directive 2010 / 31 / eu , documentary checks and , where appropriate , physical and laboratory checks of engines . when doing so , they shall take account of established principles of risk assessment , of any complaints and of other relevant information .


### in addition to the marking affixed to their engines in accordance with article 31 , manufacturers shall indicate on their engines made available on the market their name , registered trade name or registered trade mark and the address in the union at which they can be contacted or , where that is not possible , on its packaging or in a document accompanying the engine . ### in addition to the marking affixed to their engines in accordance with article 31 , manufacturers shall indicate on their engines made available on the market their name , registered trade name or registered trade mark , technical parameters and the address in the union at which they can be contacted or , where that is not possible , on its packaging or in a document accompanying the engine .


### importers shall make available instructions and information , as required in accordance with article 41 . ### importers shall make available instructions , information and all documentation , as required in accordance with article 41 .


### before leaving the production line the engines must bear the marking required by this regulation . ### before leaving the production line engines manufactured in the eu , as well as those manufactured outside the eu , must bear the marking required by this regulation .


### the manufacturer shall retain copies of the lists for a minimum period of 20 years after the end of validity of the eu type - approval concerned . ### the manufacturer shall retain copies of the lists for a minimum period of 10 years after the end of validity of the eu type - approval concerned .


### the power to adopt the delegated acts is conferred on the commission subject to the conditions laid down in this article . ### the power to adopt the delegated acts is conferred on the commission subject to the conditions laid down in this article . with that aim in view , the commission shall set up a working group , consisting of representatives of trade unions and ngos active in the environmental sphere , which shall ensure , in the context of the adoption of delegated acts , that proper account is taken of considerations relating to worker and environmental protection .


### the general objective of ipa iii shall be to support the beneficiaries listed in annex i in adopting and implementing the political , institutional , legal , administrative , social and economic reforms required by those beneficiaries to comply with union values and to progressively align to union rules , standards , policies and practices with a view to union membership , thereby contributing to their stability , security and prosperity . ### the general objective of ipa iii shall be to support the beneficiaries listed in annex i in adopting and implementing the political , institutional , legal , administrative , social and economic reforms required by those beneficiaries to comply with union acquis and values and to progressively align to union rules , standards , policies and practices with a view to union membership , thereby contributing to their stability , security and prosperity .


### establishing and promoting from an early stage the proper functioning of the institutions necessary in order to secure the rule of law . interventions in this area shall aim at : establishing independent , accountable and efficient judicial systems , including transparent and merit - based recruitment and promoting judicial cooperation , evaluation and promotion systems and effective disciplinary procedures in cases of wrongdoing ; ensuring the establishment of robust systems to protect the borders , manage migration flows and provide asylum to those in need ; developing effective tools to prevent and fight organised crime , trafficking in human beings , migrants smuggling , money laundering / financing of terrorism and corruption ; promoting and protecting human rights , rights of persons belonging to minorities including roma as well as lesbian , gay , bisexual , transgender and intersex persons fundamental freedoms , including freedom of the media and data protection . ### establishing and promoting from an early stage the proper functioning of the institutions necessary in order to secure the rule of law . interventions in this area shall aim at : separation of powers , establishing independent , accountable and efficient judicial systems , including transparent and merit - based recruitment and promoting judicial cooperation , evaluation and promotion systems and effective disciplinary procedures in cases of wrongdoing ; ensuring the establishment of robust systems to protect the borders , manage migration flows and provide asylum to those in need ; developing effective tools to prevent and fight organised crime , trafficking in human beings , migrants smuggling , money laundering / financing of terrorism and corruption ; promoting and protecting human rights , rights of persons belonging to minorities including roma as well as lesbian , gay , bisexual , transgender and intersex persons fundamental freedoms , including freedom of the media and expression and data protection .


### strengthening economic governance : interventions shall aim at supporting participation in the economic reform programme process and systematic cooperation with international financial institutions on fundamentals of economic policy . enhancing the capacity to strengthen macroeconomic stability and supporting progress towards becoming a functioning market economy with the capacity to cope with competitive pressures and market forces within the union ; ### strengthening economic governance : interventions shall aim at supporting participation in the economic reform programme process and systematic cooperation with international financial institutions on fundamentals of economic policy . enhancing the capacity to strengthen macroeconomic stability and supporting progress towards sustainable development and becoming a functioning market economy with the capacity to cope with competitive pressures and market forces within the union ;


### fostering quality employment and access to the labour market . interventions in this area shall aim at : tackling high unemployment and inactivity by supporting sustainable labour market integration in particular of young people ) , women , long - term unemployed and all under - represented groups . measures shall stimulate quality job creation and support the effective enforcement of labour rules and standards across the entire territory . other key areas of intervention shall be to support gender equality , promoting employability and productivity , the adaptation of workers and enterprises to change , the establishment of a sustainable social dialogue and the modernisation and strengthening of labour market institutions such as public employment services and labour inspectorates . ### fostering quality employment and access to the labour market . interventions in this area shall aim at : tackling high unemployment and inactivity by supporting sustainable labour market integration in particular of young people ) , women , long - term unemployed and all under - represented groups . measures shall stimulate quality job creation and support the effective enforcement of labour rules and standards and collective bargaining based on ilo labour standards across the entire territory . other key areas of intervention shall be to support gender equality , promoting employability and productivity , the adaptation of workers and enterprises to change , the establishment of a sustainable social dialogue and the modernisation and strengthening of labour market institutions such as public employment services and labour inspectorates .


### improving the private - sector environment and competitiveness of enterprises , including smart specialisation , as key drivers of growth , job creation and cohesion . priority shall be given to projects which improve the business environment . ### improving the private - sector environment and competitiveness of enterprises , in particular smes , including smart specialisation , as key drivers of growth , job creation and cohesion . priority shall be given to sustainable projects which improve the business environment .


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


### it is in the interests of both member states and applicants to ensure a correct recognition of international protection needs already at the stage of the administrative procedure by providing good quality information and legal support which leads to more efficient and better quality decision - making . for that purpose , access to legal assistance and representation should be an integral part of the common procedure for international protection . in order to ensure the effective protection of the applicant ' s rights , particularly the right of defence and the principle of fairness , and to ensure the economy of the procedure , applicants should , upon their request and subject to conditions set out in this regulation , be provided with free legal assistance and representation during the administrative procedure and in the appeal procedure . the free legal assistance and representation should be provided by persons competent to provide them under national law . ### it is in the interests of both member states and applicants to ensure a correct recognition of international protection needs already at the stage of the administrative procedure by providing good quality information and legal support which leads to more efficient and better quality decision - making . for that purpose , access to legal assistance and representation should be an integral part of the common procedure for international protection . in order to ensure the effective protection of the applicant ' s rights , particularly the right of defence and the principle of fairness , and to ensure the economy of the procedure , applicants should , upon their request and subject to conditions set out in this regulation , be provided with free legal assistance and representation during the administrative procedure and in the appeal procedure . the free legal assistance and representation should be provided by persons competent to provide them under national law . consideration should be given to granting member states a certain flexibility as regards their procedural autonomy and the need to avoid placing on them excessive financial burdens .


### an application should be registered as soon as it is made . at this stage , the authorities responsible for receiving and registering applications , including border guards , police , immigration authorities and authorities responsible for detention facilities should register the application together with the personal details of the individual applicant . those authorities should inform the applicant of his or her rights and obligations , as well as the consequences for the applicant in case of non - compliance with those obligations . the applicant should be given a document certifying that an application has been made . the time limit for lodging an application starts to run from the moment an application is registered . ### an application should be registered as soon as it is made . at this stage , the authorities responsible for receiving and registering applications , including border guards , police , immigration authorities and authorities responsible for detention facilities should register the application together with the personal details of the individual applicant . those authorities should inform the applicant of his or her rights and obligations , as well as the consequences for the applicant in case of non - compliance with those obligations . the applicant should be given a document which certifies his or her status as an applicant at the time when the application is registered , and which should be valid for a period of six months and shall be renewed automatically where no final decision has yet been reached on the application for international protection , ensuring that the validity of that document covers the period during which the applicant has a right to remain on the territory of the member state responsible .


### this regulation should provide for the possibility that applicants lodge an application on behalf of their spouse , partner in a stable and durable relationship , dependant adults and minors . this option allows for the joint examination of those applications . the right of each individual to seek international protection is guaranteed by the fact that if the applicant does not apply on behalf of the spouse , partner , dependant adult or minor within the set time - limit for lodging an application , the spouse or partner may still do in his or her own name , and the dependant adult or minor should be assisted by the determining authority . however , if a separate application is not justified , it should be considered as inadmissible . ### this regulation should provide member states with the possibility of examining applications for international protection of applicants jointly with applications of their family members , provided that they are on the territory of the member states .


### as long as an applicant can show good cause , the lack of documents on entry or the use of forged documents should not per se entail an automatic recourse to an accelerated examination procedure or a border procedure . ### a lack of documents on entry or the use of forged documents should not entail an automatic recourse to an accelerated examination procedure or a border procedure .


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


### ' 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


### ' withdrawal of international protection ' means the decision by a determining authority to revoke , end or refuse to renew refugee status or subsidiary protection status of a person ; ### ' withdrawal of international protection ' means the decision by a determining authority to revoke , end or refuse to renew refugee status or subsidiary protection status of a person in accordance with the [ qualification regulation ] ;


### hand over documents in his or her possession relevant to the examination of the application . ### allowing the responsible authorities to examine and make copies of documents in his or her possession relevant to the examination of the application .


### the time - frame of the procedure ; ### any time - limits which they are required to respect and the time - limits which the responsible authorities are required to respect ;


### the information referred to in the first paragraph shall be given in good time to enable the applicants to exercise the rights guaranteed in this regulation and for them to adequately comply with the obligations set out in article 7 . ### all the information referred to in the first paragraph shall be given in good time to enable the applicants to exercise the rights guaranteed in this regulation and for them to adequately comply with the obligations set out in article 7 . the information referred to in points to shall be given to the applicant at the moment when the application for international protection is registered .


### the determining authority shall provide applicants with the opportunity to communicate with united nations high commissioner for refugees or with any other organisation providing legal advice or other counselling to applicants in accordance with national law . ### within 14 days of making the application , the determining authority shall provide applicants with the opportunity to communicate with united nations high commissioner for refugees or with any other organisation providing legal advice or other counselling to applicants in accordance with national law .


### before a decision is taken by the determining authority on the admissibility of an application for international protection , the applicant shall be given the opportunity of an interview on the admissibility of his or her application . ### where a determining authority decides to carry out an admissibility test in accordance with article 36 , and before a decision is taken by that determining authority on the admissibility of an application for international protection , the applicant shall be given the opportunity of a personal interview on the admissibility of his or her application .


### the absence of a personal interview pursuant to point shall not adversely affect the decision of the determining authority . that authority shall give the applicant an effective opportunity to submit further information . when in doubt as to the condition of the applicant , the determining authority shall consult a medical professional to establish whether the condition that makes the applicant unfit or unable to be interviewed is of a temporary or enduring nature . ### the absence of a personal interview pursuant to point shall not adversely affect the decision of the determining authority . that authority shall give the applicant an effective opportunity to submit further information . when in doubt as to the condition of the applicant , the determining authority shall consult a medical professional to establish whether the condition that makes the applicant unfit or unable to be interviewed is of a temporary or enduring nature . if , following consultation of that medical professional , it is clear that the condition making the applicant unfit or unable to be interviewed is of a temporary nature , the determining authority shall postpone the personal interview until such time as the applicant is fit to be interviewed .


### the responsible authorities shall store the data referred to in paragraph 4 for ten years from the date of a final decision . the data shall be erased upon expiry of that period or where it is related to a person who has acquired citizenship of any member state before expiry of that period as soon as the member state becomes aware that the person concerned has acquired such citizenship . ### the responsible authorities shall store the data referred to in paragraph 4 for one year from the date of a final decision on the application for international protection , including on all levels of appeal . the data shall be erased upon expiry of that period or where it is related to a person who has acquired citizenship of any member state before expiry of that period as soon as the member state becomes aware that the person concerned has acquired such citizenship .


### applicants shall have the right to consult , in an effective manner , a legal adviser or other counsellor , admitted or permitted as such under national law , on matters relating to their applications at all stages of the procedure . ### as soon as an application for international protection has been registered by the responsible authorities in accordance with article 27 , the applicant shall have the right to consult , in an effective manner , a legal adviser or other counsellor , admitted or permitted as such under national law , on matters relating to their applications at all stages of the procedure .


### without prejudice to the applicant ' s right to choose his or her own legal adviser or other counsellor at his or her own cost , an applicant may request free legal assistance and representation at all stages of the procedure in accordance with articles 15 to 17 . the applicant shall be informed of his or her right to request free legal assistance and representation at all stages of the procedure . ### without prejudice to the applicant ' s right to choose his or her own legal adviser or other counsellor at his or her own cost , an applicant may request free legal assistance and representation at all stages of the procedure in accordance with articles 15 to 17 . as soon as an application for international protection has been registered by the responsible authorities in accordance with article 27 , the applicant shall be informed of his or her right to request free legal assistance and representation at all stages of the procedure .


### the appeal or review is at a second level of appeal or higher as provided for under national law , including re - hearings or reviews of appeal . ### the appeal or review is at a second level of appeal or higher as provided for under national law , including re - hearings or reviews of appeal , and that second level of appeal is considered to have no tangible prospect of success .


### the determining authority shall systematically assess whether an individual applicant is in need of special procedural guarantees . that assessment may be integrated into existing national procedures or into the assessment referred to in article 21 of directive xxx / xxx / eu and need not take the form of an administrative procedure . ### the determining authority shall systematically and individually assess whether an individual applicant is in need of special procedural guarantees with the assistance of a qualified interpreter where needed . that assessment shall be integrated into existing national procedures or into the assessment referred to in article 21 of directive xxx / xxx / eu


### the process of identifying applicants with special procedural needs shall be initiated by authorities responsible for receiving and registering applications as soon as an application is made and shall be continued by the determining authority once the application is lodged . ### the process of identifying applicants with special procedural needs shall be initiated by authorities responsible for receiving and registering applications as soon as an application is made and shall be continued by the determining authority once the application is lodged . the assessment shall in any event be initiated no later than 15 days after an application is made and shall be completed within 30 days .


### the information that an applicant presents first signs of vulnerability shall be included in the applicant ' s file together with the description of the signs of vulnerability presented by the applicant that could require special procedural guarantees . ### the information that an applicant presents first signs of vulnerability shall be included in the applicant ' s file together with the description of the signs of vulnerability presented by the applicant that could require special procedural guarantees and the applicant ' s observations on the need to benefit from special procedural support .


### where there are indications that applicants may have been victim of torture , rape or of another serious form of psychological , physical , sexual or gender - based violence and that this could adversely affect their ability to participate effectively in the procedure , the determining authority shall refer the applicants to a doctor or a psychologist for further assessment of their psychological and physical state . ### where there are indications that applicants may have been victim of torture , rape or of another serious form of psychological , physical , sexual or gender - based violence and that this could adversely affect their ability to participate effectively in the procedure , the determining authority shall refer the applicants to a doctor or a psychologist for further assessment of their psychological and physical state . in such cases , the doctor or psychologist shall be trained in carrying out such assessments and be supported by a qualified interpreter .


### the responsible authorities shall address the need for special procedural guarantees as set out in this article even where that need becomes apparent at a later stage of the procedure , without having to restart the procedure for international protection . ### the responsible authorities shall address the need for special procedural guarantees as set out in this article even where that need becomes apparent at a later stage of the procedure , or if the applicant expresses a reasoned request to have his or her special procedural needs reassessed , without having to restart the procedure for international protection .


### the determining authority shall provide a minor the opportunity of a personal interview , including where an application is made on his or her own behalf in accordance with article 31 and article 32 , unless this is manifestly not in the best interests of the child . in that case , the determining authority shall give reasons for the decision not to provide a minor with the opportunity of a personal interview . ### the determining authority shall 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 or when the minor is at such an early age that a personal interview would not be meaningful . 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 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 the opportunity of a personal interview under conditions suitable to him or her , 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 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 .


### any such personal interview shall be conducted by a person who has the necessary knowledge of the rights and special needs of minors and it shall be conducted in a child - sensitive and context - appropriate manner . ### any such personal interview shall be conducted in language they understand , in a child - sensitive and context - appropriate manner . the person conducting the personal interview shall have the necessary knowledge of the rights and special needs of minors and shall not wear military or law enforcement uniform


### the responsible authorities shall , as soon as possible and not later than five working days from the moment when an unaccompanied minor makes an application , appoint a person or an organisation as a guardian . ### the responsible authorities shall , from the moment when an unaccompanied minor makes an application , take measures to appoint a person or an organisation as a guardian .


### the responsible authorities shall not place a guardian in charge of a disproportionate number of unaccompanied minors at the same time , which would render him or her unable to perform his or her tasks effectively . ### the responsible authorities shall place a guardian in charge of an adequate and limited number of unaccompanied minors at the same time , which would render him or her to ensure he or she is unable to perform his or her tasks effectively . '


### the guardian shall inform the unaccompanied minor about the meaning and possible consequences of the personal interview and , where appropriate , about how to prepare himself or herself for the personal interview . the guardian and , where applicable , a legal adviser or other counsellor admitted or permitted as such under national law , shall be present at that interview and have an opportunity to ask questions or make comments , within the framework set by the person who conducts the interview . the determining authority may require the presence of the unaccompanied minor at the personal interview , even if the guardian is present . ### the guardian shall inform the unaccompanied minor about the meaning and possible consequences of the personal interview and , where appropriate , about how to prepare himself or herself for the personal interview . the guardian and a legal adviser or other counsellor admitted or permitted as such under national law , shall be present at that interview and have an opportunity to ask questions or make comments , within the framework set by the person who conducts the interview . the determining authority may require the presence of the unaccompanied minor at the personal interview , even if the guardian is present .


### any medical examination shall be performed with full respect for the individual’s dignity , shall be the least invasive examination and shall be carried out by qualified medical professionals allowing for the most reliable result possible . ### any medical examination shall be performed with full respect for the individual ' s dignity , shall be the least invasive examination and shall be carried out by independent , trained and qualified medical professionals who are familiar with the applicant ' s ethnic and cultural background and in cooperation with a multi - disciplinary team with expertise in child rights , psychology and development , thereby allowing for the most reliable result possible .


### an application for international protection shall be made when a third - country national or stateless person expresses a wish for international protection to officials of the determining authority or other authorities referred to in article 5 or . ### an application for international protection shall be made when a third - country national or stateless person expresses a wish for international protection orally or in written form or asks not to be deported or returned to a third country because of fear of persecution or risk of serious harm to officials of the determining authority or other authorities referred to in article 5 or .


### the commission may specify the content of the information to be provided to applicants when an application is made 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 content of the information to be provided to applicants when an application is made .


### the responsible authorities shall store each set of data referred to in paragraph 1 and any other relevant data collected under paragraph 2 , for ten years from the date of a final decision . the data shall be erased upon expiry of that period or where it is related to a person who has acquired citizenship of any member state before expiry of that period as soon as the member state becomes aware that the person concerned has acquired such citizenship . ### the responsible authorities shall store each set of data referred to in paragraph 1 and any other relevant data collected under paragraph 2 , for one year from the date of a final decision on the application for international protection , including on all levels of appeal . the data shall be erased upon expiry of that period or where it is related to a person who has acquired citizenship of any member state before expiry of that period as soon as the member state becomes aware that the person concerned has acquired such citizenship .


### the authority responsible for receiving and registering applications for international protection shall give the applicant an effective opportunity to lodge an application within the time - limit established in paragraph 1 . ### the authority responsible for receiving and registering applications for international protection shall give the applicant an effective opportunity to lodge an application within the time - limit established in paragraph 1 . in accordance with article 14 , the applicant shall have the right to legal assistance and representation to prepare the lodging of his or her application and shall be informed of that right , including the right to free legal assistance and representation where appropriate . where free legal assistance is requested , the time limit for lodging the application shall start to run upon the appointment of a legal advisor or other counsellor .


### the applications for international protection shall be lodged in person and at a designated place . for that purpose , when the application is registered , the applicant shall be given an appointment with the authorities competent for the lodging of the application . ### the applications for international protection shall be lodged in person and at a designated place . for that purpose , when the application is registered , the applicant shall be given an appointment with the authorities competent for the lodging of the application . the date of such appointment shall be set not earlier than ten working days from the date when the application is registered , unless the consent of the applicant is provided after receiving appropriate information on the obligation to lodge the application and the right to legal assistance and representation .


### stating whether the applicant has permission to take up gainful employment . ### stating from what date the applicant has permission to take up gainful employment .


### the document referred to in paragraph 2 shall be valid for a period of six months which shall be renewed accordingly to ensure that the validity of that document covers the period during which the applicant has a right to remain on the territory of the member state responsible . ### the document referred to in paragraph 2 shall be valid for a period of six months and shall be renewed automatically where no final decision has yet been reached on the application for international protection , ensuring that the validity of that document covers the period during which the applicant has a right to remain on the territory of the member state responsible .


### the commission may specify the form and content of the documents to be given to the applicants at registration and lodging by means of implementing acts . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 58 . ### the commission shall specify the form and content of the documents to be given to the applicants at registration and lodging by means of implementing acts . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 58 .


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


### an applicant may lodge an application on behalf of his or her spouse or partner in a stable and durable relationship , minors or dependent adults without legal capacity . ### member states may decide to examine an application for international protection of an applicant jointly with the applications of family members , provided that they are on the territory of the same member state .


### an unaccompanied minor shall lodge an application in his or her own name if he or she has the legal capacity to act in procedures according to the national law of the member state concerned , or his or her guardian shall lodge it on his or her behalf . the guardian shall assist and properly inform the unaccompanied minor of how and where an application is to be lodged . ### an unaccompanied minor shall lodge an application in his or her own name if he or she has the legal capacity to act in procedures according to the national law of the member state concerned , or his or her guardian shall lodge it on his or her behalf . without prejudice to the unaccompanied minors right to legal assistance and representation in accordance with article 14 and 15 , the guardian shall assist and properly inform the unaccompanied minor of how and where an application is to be lodged .


### the personnel examining applications and taking decisions shall have sufficient knowledge of the relevant standards applicable in the field of asylum and refugee law . they shall have the possibility to seek advice , whenever necessary , from experts on particular issues , such as medical , cultural , religious and child - related or gender issues . where necessary , they may submit queries to the european union agency for asylum in accordance with article 9 of regulation no xxx / xxx . ### the personnel examining applications and taking decisions shall have sufficient knowledge of the relevant standards applicable in the field of asylum and refugee law and shall have completed the necessary training in accordance with article 7 regulation xxx / xxx . they shall have the possibility to seek advice , whenever necessary , from experts on particular issues , such as medical , cultural , religious , mental health , and child - related or gender issues . where necessary , they may submit queries to the european union agency for asylum in accordance with article 9 of regulation no xxx / xxx .


### the examination to determine the admissibility of an application in accordance with article 36 shall not take longer than one month from the lodging of an application . ### where applicable , the examination to determine the admissibility of an application in accordance with article 36 shall not take longer than one month from the lodging of an application .


### a decision on an application for international protection shall be given in writing and it shall be notified to the applicant without undue delay in a language he or she understands or is reasonably meant to understand . ### a decision on an application for international protection shall be given in writing and it shall be notified to the applicant and his or her legal adviser or other counsellor without undue delay and in any case no later than seven days after the decision has been taken in a language he or she understands or is reasonably meant to understand .


### in cases of applications on behalf of spouses , partners , minors or dependent adults without legal capacity , and whenever the application is based on the same grounds , the determining authority may take a single decision , covering all applicants , unless to do so would lead to the disclosure of particular circumstances of an applicant which could jeopardise his or her interests , in particular in cases involving gender , sexual orientation , gender identity or age - based persecution . in such cases , a separate decision shall be issued to the person concerned . ### in cases of applications on behalf of spouses , partners , minors or dependent adults without legal capacity , and whenever the applications are all based on the exact same grounds , the determining authority may take a single decision , covering all applicants , unless to do so would lead to the disclosure of particular circumstances of an applicant which could jeopardise his or her interests , in particular in cases involving gender , sexual orientation , gender identity or age - based persecution . in such cases , a separate decision shall be issued to the person concerned .


### life and liberty are not threatened on account of race , religion , nationality , membership of a particular social group or political opinion ; ### life and liberty are not threatened on account of race , religion , nationality , membership of a particular social group or political opinion and that there is no deprivation of liberty without due process ;


### there is appropriate access to the labour market , reception facilities , healthcare and education ; and ### there is appropriate access to the labour market , reception facilities , healthcare and education ;


### provide him or her with a document informing the authorities of the third country , in the language of that country , that the application has not been examined in substance as a consequence of the application of the concept of the safe third country . ### provide him or her with a document informing the authorities of the third country , in the language of that country , that the application has not been examined in substance .


### a third country may be designated as a safe country of origin in accordance with this regulation where , on the basis of the legal situation , the application of the law within a democratic system and the general political circumstances , it can be shown that there is generally no persecution as defined in article 9 of regulation no xxx / xxx , no torture or inhuman or degrading treatment or punishment and no threat by reason of indiscriminate violence in situations of international or internal armed conflict . ### a third country may be designated as a safe country of origin in accordance with this regulation where , on the basis of the legal situation , the application of the law within a democratic system and the general political circumstances , it can be shown that there is no general or consistent persecution as defined in article 9 of regulation no xxx / xxx , no torture or inhuman or degrading treatment or punishment and no threat by reason of indiscriminate violence in situations of international or internal armed conflict .


### 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 .


### in case of sudden changes in the situation of a third country which is designated as a safe third country at union level or which is on the eu common list of safe countries of origin , the commission shall conduct a substantiated assessment of the fulfilment by that country of the conditions set in article 45 or article 47 and , if the commission considers that those conditions are no longer met , it shall adopt a delegated act suspending the designation of a third country as a safe third country at union level or suspending the presence of a third country from the eu common list of safe countries of origin for a period of six months . ### if sudden changes in the situation of a third country which is on the eu common list of safe countries of origin could lead to that country ' s non - compliance with the conditions for the designation of a country as a safe country of origin , the commission shall immediately and rapidly conduct a substantiated assessment of the fulfilment by that country of the conditions set out in article 47 and , if they are no longer met , it shall adopt as soon as possible a delegated act , in accordance with article 290 tfeu , suspending the presence of that third country from the eu common list of safe countries of origin for a period of six months . as soon as possible after it becomes aware of the change in situation and in any event before adopting the delegated act suspending inclusion of that third country from the eu common list , the commission shall inform the member states and recommend to them not to apply the safe country of origin concept to that third country at national level .


### the decision of the competent authority to withdraw international protection shall be given in writing . the reasons in fact and in law shall be stated in the decision and information on the manner in which to challenge the decision shall be given in writing . ### the decision of the competent authority to withdraw international protection shall be given in writing without undue delay and in any case no later than seven days after the decision has been taken . the reasons in fact and in law shall be stated in the decision . information on how to challenge the decision - including on the relevant time - limits - shall be given in writing .


### rejecting an application as explicitly withdrawn or as abandoned referred to in articles 38 and 39 ; ### rejecting an application as explicitly withdrawn or implicitly withdrawn as referred to in articles 38 and 39 ;


### within one month in the case of a decision rejecting a subsequent application as inadmissible or manifestly unfounded . ### in the case of a decision rejecting a subsequent application as inadmissible or manifestly unfounded .


### within two months in the case of a decision rejecting an application as inadmissible or in the case of a decision rejecting an application as explicitly withdrawn or as abandoned or as unfounded or manifestly unfounded in relation to refugee or subsidiary protection status following an accelerated examination procedure or a border procedure or while the applicant is held in detention ; ### in the case of a decision rejecting an application as inadmissible or in the case of a decision rejecting an application as explicitly withdrawn or as abandoned or as unfounded or manifestly unfounded in relation to refugee or subsidiary protection status following an accelerated examination procedure or a border procedure or while the applicant is held in detention ;


### within six months in the case of a decision rejecting the application as unfounded in relation to refugee or subsidiary protection status if the examination is not accelerated or in the case of a decision withdrawing international protection ; ### in the case of a decision rejecting the application as unfounded in relation to refugee or subsidiary protection status if the examination is not accelerated or in the case of a decision withdrawing international protection ;


### without prejudice to an adequate and complete examination of an appeal , the courts or tribunals shall decide on the first level of appeal within the following timelimits from when the appeal is lodged : ### without prejudice to an adequate and complete examination of an appeal , the courts or tribunals shall decide on the first level of appeal within a reasonable timelimit from when the appeal is lodged :


### a decision which rejects an application as explicitly withdrawn or abandoned in accordance with article 38 or article 39 , respectively . ### a decision which rejects an application as explicitly withdrawn in accordance with article 38 .


### such a delegated act and its extensions shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of one month from notification of that act to the european parliament and to the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . ### such a delegated act and its extensions shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of two months from notification of that act to the european parliament and to the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object .


### the interoperability between the eu information systems should allow said systems to supplement each other in order to facilitate the correct identification of persons , contribute to fighting identity fraud , improve and harmonise data quality requirements of the respective eu information systems , facilitate the technical and operational implementation by member states of existing and future eu information systems , strengthen and simplify the data security and data protection safeguards that govern the respective eu information systems , streamline the law enforcement access to the ees , the vis , the [ etias ] and eurodac , and support the purposes of the ees , the vis , the [ etias ] , eurodac , the sis and the [ ecris - tcn system ] . ### the interoperability between the eu information systems should allow said systems to communicate with one another in order to facilitate the correct identification of persons at external borders , for the purpose of applications of international protection , or in the context of the prevention , detection and investigation of serious criminal offences - including terrorist offences , to contribute to fighting identity fraud , to improve and harmonise data quality requirements of the respective eu information systems , to facilitate the technical and operational implementation by member states of existing and future eu information systems , to strengthen data security and data protection safeguards that govern the respective eu information systems , in particular by ensuring that all union data protection rules are applicable to all the information systems , and to streamline the law enforcement access to the ees , the vis , the [ etias ] and eurodac , and support the purposes of the ees , the vis , the [ etias ] , eurodac , the sis and the [ ecris - tcn system ] .


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


### to ensure fast and systematic use of all eu information systems , the european search portal should be used to query the common identity repository , the ees , the vis , [ the etias ] , eurodac and [ the ecris - tcn system ] . however , the national connection to the different eu information systems should remain in order to provide a technical fall back . the esp should also be used by union bodies to query the central sis in accordance with their access rights and in order to perform their tasks . the esp should be an additional means to query the central sis , the europol data and the interpol systems , complementing the existing dedicated interfaces . ### to ensure fast and seamless use of all eu information systems , the european search portal should be used to query the ees , the vis , [ the etias ] , eurodac and [ the ecris - tcn system ] . however , the national connection to the different eu information systems should remain in order to provide a technical fall back . the esp should also be used by union bodies to query the central sis in accordance with their access rights and in order to perform their tasks . the esp should be an additional means to query the central sis , the europol data and the interpol systems , complementing the existing dedicated interfaces .


### the systems established by regulation 2017 / 2226 of the european parliament and of the council57 , regulation no 767 / 2008 of the european parliament and of the council58 , [ the etias regulation ] for the management of the borders of the union , the system established by [ the eurodac regulation ] to identify the applicants for international protection and combat irregular migration , and the system established by [ the ecris - tcn system regulation ] require in order to be effective to rely on the accurate identification of the third - country nationals whose personal data are stored therein . _________________ 57 regulation 2017 / 2226 of the european parliament and of the council of 30 november 2017 establishing an entry / exit system to register entry and exit data and refusal of entry data of third - country nationals crossing the external borders of the member states and determining the conditions for access to the ees for law enforcement purposes , and amending the convention implementing the schengen agreement and regulations no 767 / 2008 and no 1077 / 2011 . 58 regulation no 767 / 2008 of the european parliament and of the council of 9 july 2008 concerning the visa information system and the exchange of data between member states on short - stay visas . ### the systems established by regulation 2017 / 2226 of the european parliament and of the council57 , regulation no 767 / 2008 of the european parliament and of the council58 , [ the etias regulation ] for the management of the borders of the union , the system established by [ the eurodac regulation ] to identify the applicants for international protection and combat irregular migration , and the system established by [ the ecris - tcn system regulation ] require the accurate identification of those third - country nationals whose personal data are stored therein . _________________ 57 regulation 2017 / 2226 of the european parliament and of the council of 30 november 2017 establishing an entry / exit system to register entry and exit data and refusal of entry data of third - country nationals crossing the external borders of the member states and determining the conditions for access to the ees for law enforcement purposes , and amending the convention implementing the schengen agreement and regulations no 767 / 2008 and no 1077 / 2011 . 58 regulation no 767 / 2008 of the european parliament and of the council of 9 july 2008 concerning the visa information system and the exchange of data between member states on short - stay visas .


### full access to the necessary data contained in the eu information systems necessary for the purposes of preventing , detecting and investigating terrorist offences or other serious criminal offences , beyond the relevant identity data covered under common identity repository obtained using biometric data of that person taken during an identity check , should continue to be governed by the provisions in the respective legal instruments . the designated law enforcement authorities and europol do not know in advance which of the eu information systems contains data of the persons they need to inquire upon . this results in delays and inefficiencies in the conduct of their tasks . the end - user authorised by the designated authority should therefore be allowed to see in which of the eu information systems the data corresponding to the query introduced are recorded . the concerned system would thus be flagged following the automated verification of the presence of a hit in the system . ### full access to the data contained in the eu information systems necessary for the purposes of preventing , detecting and investigating terrorist offences or other serious criminal offences , should continue to be governed by the provisions in the respective legal instruments . the designated law enforcement authorities and europol do not always know in advance which of the eu information systems contains data of the persons they need to inquire upon . therefore , following the necessary checks in national databases and where a query of the automated fingerprint identification system of the other member states under decision 2008 / 615 / jha has been launched , the end - user authorised by the designated authority should therefore be allowed to see in which of the eu information systems the data corresponding to the query introduced are recorded . the concerned system would thus be flagged following the automated verification of the presence of a hit in the system .


### the possibility to achieve the objectives of the eu information systems is undermined by the current inability for the authorities using these systems to conduct sufficiently reliable verifications of the identities of the third - country nationals whose data are stored in different systems . that inability is determined by the fact that the set of identity data stored in a given individual system may be fraudulent , incorrect , or incomplete , and that there is currently no possibility to detect such fraudulent , incorrect or incomplete identity data by way of comparison with data stored in another system . to remedy this situation it is necessary to have a technical instrument at union level allowing accurate identification of third - country nationals for these purposes . ### to better realise the objectives of eu information systems , the authorities using those systems should be able to conduct sufficiently reliable verifications of the identities of the third - country nationals whose data are stored in different systems . the set of identity data stored in a given individual system may be incorrect , incomplete or fraudulent , and there is currently no way of detecting incorrect , incomplete or fraudulent identity data by way of comparison with data stored in another system . to remedy this situation it is necessary to have a technical instrument at union level allowing accurate identification of third - country nationals for these purposes .


### eu - lisa should establish automated data quality control mechanisms and common data quality indicators . eu - lisa should be responsible to develop a central monitoring capacity for data quality and to produce regular data analysis reports to improve the control of implementation and application by member states of eu information systems . the common quality indicators should include the minimum quality standards to store data in the eu information systems or the interoperability components . the goal of such a data quality standards should be for the eu information systems and interoperability components to automatically identify apparently incorrect or inconsistent data submissions so that the originating member state is able to verify the data and carry out any necessary remedial actions . ### eu - lisa should establish automated data quality control mechanisms and common data quality indicators . eu - lisa should be responsible for developing a central monitoring capacity for data quality , and for producing regular data analysis reports to improve supervision of the member states’ implementation and application of eu information systems . the common quality indicators should include the minimum quality standards to store data in the eu information systems or the interoperability components . the goal of such a data quality standards should be for the eu information systems and interoperability components to automatically identify apparently incorrect or inconsistent data submissions so that the originating member state is able to verify the data and carry out any necessary remedial actions .


### the universal message format should establish a standard for structured , cross - border information exchange between information systems , authorities and / or organisations in the field of justice and home affairs . umf should define a common vocabulary and logical structures for commonly exchanged information with the objective to facilitate interoperability by enabling the creation and reading of the contents of the exchange in a consistent and semantically equivalent manner . ### the universal message format should establish a standard for structured , cross - border information exchange between information systems , authorities and / or organisations in the field of justice and home affairs . umf should define a common vocabulary and logical structures for commonly exchanged information with the objective of facilitating interoperability by enabling the creation and reading of the contents of the exchange in a consistent and semantically equivalent manner .


### regulation 2016 / 679 should apply to the processing of personal data under this regulation by national authorities unless such processing is carried out by the designated authorities or central access points of the member states for the purposes of the prevention , detection or investigation of terrorist offences or of other serious criminal offences , when directive 2016 / 680 of the european parliament and of the council should apply . ### regulation 2016 / 679 should apply to the processing of personal data under this regulation by national authorities unless such processing is carried out by the designated authorities or central access points of the member states for the purposes of the prevention , detection or investigation of terrorist offences or of other serious criminal offences , in which case directive 2016 / 680 of the european parliament and of the council should apply .


### in order to allow competent authorities and the eu bodies to adapt to the new requirements on the use of the european search portal , it is necessary to provide for a transitional period . similarly , in order to allow for the coherent and optimal functioning of the multiple - identity detector , transitional measures should be established for the start of its operations . ### in order to allow competent authorities and the eu bodies to adapt to the new requirements on the use of the european search portal , it is necessary to provide for a transitional period which should entail , inter alia , training programmes for end users so as to ensure that the new instruments operate to their full potential . similarly , in order to allow for the coherent and optimal functioning of the multiple - identity detector , transitional measures should be established for the start of its operations .


### the costs for the development of the interoperability components projected under the current multiannual financial framework are lower than the remaining amount on the budget earmarked for smart borders in regulation no 515 / 2014 of the european parliament and the council61 . accordingly , this regulation , pursuant to article 5 of regulation no 515 / 2014 , should reallocate the amount currently attributed for developing it systems supporting the management of migration flows across the external borders . _________________ 61 regulation no 515 / 2014 of the european parliament and of the council of 16 april 2014 establishing as part of the internal security fund , the instrument for financial support for external borders and visa and repealing decision no 574 / 2007 / ec . ### the remaining amount on the budget earmarked for developing it systems supporting the management of migration flows across the external borders in regulation no 515 / 2014 of the european parliament and the council should be reallocated to this61 regulation , pursuant to article 5 of regulation no 515 / 2014 . _________________ 61 regulation no 515 / 2014 of the european parliament and of the council of 16 april 2014 establishing as part of the internal security fund , the instrument for financial support for external borders and visa and repealing decision no 574 / 2007 / ec .


### in order to supplement certain detailed technical aspects of this regulation , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of the profiles for the users of the european search portal and the content and format of the esp replies . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law - making of 13 april 201662 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council should receive all documents at the same time as member state experts , and their experts should systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts . _________________ 62 http : / / eur - lex . europa . eu / legal - content / en / txt / ? uri=uriserv : oj . l_ . 2016 . 123 . 01 . 0001 . 01 . eng . ### in order to supplement certain detailed technical aspects of this regulation , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission . in particular , power should be delegated to the commission in respect of the profiles for the users of the european search portal , the content and format of the esp replies , the procedures to determine the cases where identity data can be considered as identical or similar , and the rules on the operation of the central repository for reporting and statistics , including specific safeguards for processing of personal data and security rules applicable to the repository . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law - making of 13 april 201662 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council should receive all documents at the same time as member state experts , and their experts should systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts . _________________ 62 http : / / eur - lex . europa . eu / legal - content / en / txt / ? uri=uriserv : oj . l_ . 2016 . 123 . 01 . 0001 . 01 . eng .


### the objectives of ensuring interoperability shall be achieved by : ### those objectives shall be achieved by :


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


### ‘ match’ means the existence of a correspondence established by comparing two or more occurrences of personal data recorded or being recorded in an information system or database ; ### ‘ match’ means the existence of an exact correspondence established by comparing two or more occurrences of personal data recorded or being recorded in an information system or database ;


### a european search portal is established for the purposes of ensuring that member state authorities and eu bodies have fast , seamless , efficient , systematic and controlled access to the eu information systems , the europol data and the interpol databases that they need to perform their tasks in accordance with their access rights and of supporting the objectives of the ees , the vis , [ the etias ] , eurodac , the sis , [ the ecris - tcn system ] and the europol data . ### a european search portal is established for the purposes of ensuring that member state authorities and eu bodies have fast , seamless , efficient and controlled access to the eu information systems , the europol data and the interpol databases that they need to perform their tasks in accordance with the objectives of those eu information systems and of the sis and with their access rights under the relevant legal basis .


### eu - lisa shall develop the esp and ensure its technical management . ### eu - lisa shall develop the esp and ensure its technical management . it shall not , however , have access to any of the personal data processed through the eps .


### eu - lisa shall develop the shared bms and ensure its technical management . ### eu - lisa shall develop the shared bms and ensure its technical management . it shall not , however , have access to any of the personal data processed through the shared bms .


### eu - lisa shall develop the mid and ensure its technical management . ### eu - lisa shall develop the mid and ensure its technical management . it shall not , however , have access to any of the personal data processed through the mid .


### the authorities referred to in paragraph 1 shall use the esp to search data related to persons or their travel documents in the central systems of the ees , the vis and [ the etias ] in accordance with their access rights under union and national law . they shall also use the esp to query the cir in accordance with their access rights under this regulation for the purposes referred to in articles 20 , 21 and 22 . ### where they are required under union law to search data related to persons or their travel documents in the ees , the vis and [ the etias ] , the authorities referred to in paragraph 1 shall use the esp to search such data in accordance with their access rights under union and national law .


### the authorities referred to in paragraph 1 may use the esp to search data related to persons or their travel documents in the interpol databases in accordance with their access rights under union and national law . ### where so required under union or national law , the authorities referred to in paragraph 1 may use the esp to search data related to persons or their travel documents in the interpol databases in accordance with their access rights under union and national law .


### the users of the esp shall launch a query by introducing data in the esp in accordance with their user profile and access rights . where a query has been launched , the esp shall query simultaneously , with the data introduced by the user of the esp , the ees , [ the etias ] , the vis , the sis , eurodac , [ the ecris - tcn system ] and the cir as well as the europol data and the interpol databases . ### the users of the esp shall launch a query by introducing data in the esp in accordance with their user profile and access rights . where a query has been launched , the esp shall query simultaneously , with the data introduced by the user of the esp , the ees , [ the etias ] , the vis , the sis , eurodac , [ the ecris - tcn system ] as well as the europol databases and the interpol databases .


### the logs may be used only for data protection monitoring , including checking the admissibility of a query and the lawfulness of data processing , and for ensuring data security pursuant to article 42 . those logs shall be protected by appropriate measures against unauthorised access and erased one year after their creation , unless they are required for monitoring procedures that have already begun . ### the logs may be used only for data protection monitoring , including checking the admissibility of a query and the lawfulness of data processing , and for ensuring data security pursuant to article 42 . to that end , access to those logs shall be granted as appropriate to the data controllers identified pursuant to article 40 , to national supervisory authorities designated pursuant to article 51 of regulation 2016 / 679 and article 41 of directive 2016 / 680 , and to the european data protection supervisor . those logs shall be protected by appropriate measures against unauthorised access and erased two years after their creation , unless they are required for monitoring procedures that have already begun .


### the logs may be used only for data protection monitoring , including checking the admissibility of a request and the lawfulness of data processing , and for ensuring data security pursuant to article 42 . those logs shall be protected by appropriate measures against unauthorised access and erased one year after their creation , unless they are required for monitoring procedures that have already begun . ### the logs may be used only for data protection monitoring , including checking the admissibility of a request and the lawfulness of data processing in accordance with regulation eu 2016 / 679 , and for ensuring data security pursuant to article 42 . those logs shall be protected by appropriate measures against unauthorised access and erased one year after their creation , unless they are required for monitoring procedures that have already begun .


### the logs may be used only for data protection monitoring , including checking the admissibility of a query and the lawfulness of data processing , and for ensuring data security pursuant to article 42 . those logs shall be protected by appropriate measures against unauthorised access and erased one year after their creation , unless they are required for monitoring procedures that have already begun . the logs referred to in paragraph 1 shall be erased once the data is erased . ### the logs may be used only for data protection monitoring , including checking the admissibility of a query and the lawfulness of data processing , and for ensuring data security pursuant to article 42 . . to that end , access to those logs shall be granted as appropriate to the data controllers identified pursuant to article 40 , to national supervisory authorities designated pursuant to article 51 of regulation 2016 / 679 and article 41 of directive 2016 / 680 , and to the european data protection supervisor . those logs shall be protected by appropriate measures against unauthorised access and erased two years after their creation , unless they are required for monitoring procedures that have already begun . the logs referred to in paragraph 1 shall be erased once the data is erased .


### the logs may be used only for data protection monitoring , including checking the admissibility of a request and the lawfulness of data processing , and for ensuring data security pursuant to article 42 . the logs shall be protected by appropriate measures against unauthorised access and erased one year after their creation , unless they are required for monitoring procedures that have already begun . the logs related to the history of the identity confirmation file shall be erased once the data in the identity confirmation file is erased . ### the logs may be used only for data protection monitoring , including checking the admissibility of a request and the lawfulness of data processing , and for ensuring data security pursuant to article 42 . to that end , access to those logs shall be granted as appropriate to the data controllers identified pursuant to article 40 , to national supervisory authorities designated pursuant to article 51 of regulation 2016 / 679 and article 41 of directive 2016 / 680 , and to the european data protection supervisor . the logs shall be protected by appropriate measures against unauthorised access and erased two years after their creation , unless they are required for monitoring procedures that have already begun . the logs related to the history of the identity confirmation file shall be erased once the data in the identity confirmation file is erased .