### parties or organisations , including international organisations , controlling the state or a substantial part of the territory of the state ### parties or organisations , mandated by the state , including international organisations , controlling the state or a substantial part of the territory of the state ,


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


### for beneficiaries of refugee status , the residence permit shall have a period of validity of three years and be renewable thereafter for periods of three years . ### for beneficiaries of refugee status , the residence permit shall have a period of validity of five years and be renewable thereafter for periods of five years .


### for a well - functioning ceas , including of the dublin system , substantial progress should be made regarding the convergence of national asylum systems with special regard to differing recognition rates and type of protection status in the member states . in addition , rules on status review should be strengthened to ensure that protection is only granted to those who need it and for so long as it continues to be needed . moreover , divergent practices regarding the duration of the residence permits should be avoided , and the rights granted to beneficiaries of international protection should be further clarified and harmonised . ### a common union policy on international protection should be based on a uniform status . to move towards a well - functioning ceas , substantial progress should be made regarding the convergence of national asylum systems with special regard to differing recognition rates and type of protection status in the member states . at the same time , it is important not to overburden administratively the authorities of the member states . accordingly , rules should be strengthened to ensure that protection is granted to those who need it . moreover , a harmonised duration for residence permits should be established , which should take full account of the current practice in the member states , and the rights granted to beneficiaries of international protection should be further clarified and harmonised .


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


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


### depending on the circumstances in the country of origin , the concept might include a group based on a common characteristic of sexual orientation ; gender related aspects , including gender identity , shall be given due consideration for the purposes of determining membership of a particular social group or identifying a characteristic of such a group ; ### depending on the circumstances in the country of origin , the concept shall include a group based on a common characteristic of sexual orientation and gender related aspects , including gender identity , gender expression and sex characteristics . those aspects shall be given due consideration for the purposes of determining membership of a particular social group or identifying a characteristic of such a group ;


### in order to apply article 20 , the determining authority shall review the subsidiary protection status in particular ### in applying article 20 , the determining authority may review the subsidiary protection status , in particular where information on countries of origin at union level as referred to in article 8 of regulation no xxx / xx [ regulation on the european union agency for asylum ] and common analysis of country of origin information as referred to in article 10 of that regulation indicate a significant change in the country of origin which is relevant for the protection needs of the applicant .


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


### refugees and persons who have been granted subsidiary protection status shall have the rights and obligations laid down in this chapter . this chapter shall be without prejudice to the rights and obligations laid down in the geneva convention . ### without prejudice to the rights and obligations laid down in the geneva convention , beneficiaries of international protection shall have the rights and obligations laid down in this chapter .


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


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


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


### the notion of family members should take into account the different particular circumstances of dependency and the special attention to be paid to the best interests of the child . it should also reflect the reality of current migratory trends , according to which applicants often arrive to the territory of the member states after a prolonged period of time in transit . the notion should therefore include families formed outside the country of origin , but before their arrival on the territory of the member state . ### the notion of family members should take into account family diversity , the different particular circumstances of dependency and the special attention to be paid to the best interests of the child . it should also reflect the reality of current migratory trends , according to which applicants often arrive to the territory of the member states after a prolonged period of time in transit . the notion should therefore include families formed both outside the country of origin and families formed after their arrival on the territory of the member state , excluding , in all cases , forced marriages . the notion of spouse and unmarried partner should not distinguish the spouses or such partners on the basis of their gender .


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


### if an unaccompanied minor is granted international protection and the tracing of his or her family members has not already started , competent authorities shall start tracing them as soon as possible after the granting of international protection , whilst protecting the minor’s best interests . if tracing has already started , it shall be continued where appropriate . in cases where there may be a threat to the life or integrity of the minor or his or her close relatives , particularly if they have remained in the country of origin , care must be taken to ensure that the collection , processing and circulation of information concerning those persons is undertaken on a confidential basis . ### if an unaccompanied minor is granted international protection and the tracing of his or her family members has not already started , competent authorities shall start tracing them as soon as possible after the granting of international protection , whilst protecting the minor’s best interests . if tracing has already started , it shall be continued where appropriate . in cases where there may be a threat to the life or integrity of the minor or his or her close relatives , particularly if they have remained in the country of origin , care must be taken to ensure that the collection , processing and circulation of information concerning those persons is undertaken on a confidential basis so as to avoid jeopardising their safety .


### in order to enhance the effective exercise of the rights and benefits laid down in this regulation by beneficiaries of international protection , it is necessary to take into account their specific needs and the particular integration challenges with which they are confronted , and facilitate their access to integration related rights in particular as regards employment - related educational opportunities and vocational training and access to recognition procedures for foreign diplomas , certificates and other evidence of formal qualifications in particular due to the lack of documentary evidence and their inability to meet the costs related to the recognition procedures . ### in order to enhance the effective exercise of the rights and benefits laid down in this regulation by beneficiaries of international protection , it is necessary to take into account their specific needs and the particular integration challenges with which they are confronted , and facilitate their access to integration related rights and measures in particular as regards education and employment - related educational opportunities , vocational training and access to recognition procedures for foreign diplomas , certificates and other evidence of formal qualifications in particular due to the lack of documentary evidence and their inability to meet the costs related to the recognition procedures .


### the form and content of that information shall be determined by the commission by means of implementing acts adopted in accordance with the examination procedure referred to in article 58 of regulation xxx / xxx [ procedures regulation . ] . ### the content of that information shall , as a minimum , include the elements set out in annex ii . *


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


### when applying the provisions of this chapter that involve minors the best interests of the child shall be a primary consideration to the relevant authorities . ### when applying this regulation , the best interests of the child shall be a primary consideration for the member states .


### this regulation shall start to apply from [ six months from its entry into force ] . ### this regulation shall start to apply from [ three months from its entry into force ] .


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


### without prejudice to the geneva convention and the european convention on human rights , an applicant who files a subsequent application in accordance with article 42 of regulation xxx / xxx [ procedures regulation ] shall not normally be granted refugee status or subsidiary protection status if the risk of persecution or the serious harm is based on circumstances which the applicant has created by his or her own decision since leaving the country of origin . ### provided that any decision taken is fully in line with the geneva convention , the european convention for the protection of human rights and fundamental freedoms and the charter of fundamental rights of the european union , an applicant who files a subsequent application in accordance with article 42 of regulation xxx / xxx [ procedures regulation ] may be refused refugee status or subsidiary protection status if the risk of persecution or the serious harm is based on circumstances which the applicant has created by his or her own decision since leaving the country of origin .


### when assessing if an applicant has a well - founded fear of being persecuted , the determining authority cannot reasonably expect an applicant to behave discreetly or abstain from certain practices , where such behaviour or practices are inherent to his or her identity , to avoid the risk of persecution in his or her country of origin . ### when assessing if an applicant has a well - founded fear of being persecuted , the determining authority cannot reasonably expect an applicant to behave discreetly or abstain from certain practices , where such behaviour or practices are inherent to his or her identity or conscience , to avoid the risk of persecution in his or her country of origin .


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


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


### in order to apply article 14 , the determining authority shall review the refugee status in particular : ### in applying article 14 , the determining authority may review the refugee status , in particular where information on countries of origin at union level as referred to in article 8 of regulation no xxx / xx [ regulation on the european union agency for asylum ] and common analysis of country of origin information as referred to in article 10 of that regulation indicate a significant change in the country of origin which is relevant for the protection needs of the applicant .


### revocation of , ending of or refusal to renew refugee status ### withdrawal of refugee status


### the determining authority shall assess the relevant elements of the application in accordance with article 33 of regulation xxx / xxx [ procedures regulation . ] ### the determining authority shall assess the relevant elements of the application for international protection in accordance with article 33 of regulation xxx / xxx [ procedures regulation . ]


### it is necessary , when assessing applications from minors for international protection , that the determining authorities should have regard to child - specific forms of persecution . ### it is necessary , when assessing applications from minors for international protection , that the determining authorities have regard to child - specific forms of persecution or the absence of protection against such acts of persecution .


### for a well - functioning ceas , including of the dublin system , substantial progress should be made regarding the convergence of national asylum systems with special regard to differing recognition rates and type of protection status in the member states . in addition , rules on status review should be strengthened to ensure that protection is only granted to those who need it and for so long as it continues to be needed . moreover , divergent practices regarding the duration of the residence permits should be avoided , and the rights granted to beneficiaries of international protection should be further clarified and harmonised . ### a common union policy on international protection should be based on a uniform status . to move towards a well - functioning ceas , substantial progress should be made regarding the convergence of national asylum systems with special regard to differing recognition rates and type of protection status in the member states . at the same time , it is important not to overburden administratively the authorities of the member states . accordingly , rules should be strengthened to ensure that protection is granted to those who need it . moreover , a harmonised duration for residence permits should be established , which should take full account of the current practice in the member states , and the rights granted to beneficiaries of international protection should be further clarified and harmonised .


### in situations referred to in points to of paragraph 1 , the determining authority may decide not to grant status to a refugee , where such a decision has not yet been taken . ### in the situations referred to in point of paragraph 1 , the determining authority may decide not to grant status to a refugee , where such a decision has not yet been taken .


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


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


### provided they are willing and able to offer protection in accordance with paragraph 2 . ### as long as they are willing and able to provide protection in accordance with paragraph 2 .


### internal protection against persecution or serious harm should be effectively available to the applicant in a part of the country of origin where he or she can safely and legally travel to , gain admittance to and can reasonably be expected to settle . the assessment of whether such internal protection exists should be an inherent part of the assessment the application for international protection and should be carried out once it has been established by the determining authority that the qualification criteria would otherwise apply . the burden of demonstrating the availability of internal protection should fall on the determining authority . ### internal protection against persecution or serious harm might be effectively available to the applicant in a part of the country of origin where he or she can safely and legally travel to , gain admittance to and can reasonably be expected to settle . the assessment of whether such internal protection exists might form part of the assessment of the application for international protection , provided that the state or agents of the state are not the actors of persecution or serious harm . the burden of demonstrating the availability of internal protection should exclusively fall on the determining authority but should not preclude the applicant from presenting evidence to rebut any finding by the determining authority that internal protection is available .


### the spouse of the beneficiary of international protection or his or her unmarried partner in a stable relationship , where the law or practice of the member state concerned treats unmarried couples in a way comparable to married couples under its law relating to third - country nationals ; ### the spouse of the beneficiary of international protection or his or her unmarried partner in a stable relationship , where the law or practice of the member state concerned treats unmarried couples in a way comparable to married couples under its relevant national law ;


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


### member states may make participation in integration measures compulsory . ### member states may make participation in integration measures compulsory , provided that the integration measures in question are easily accessible , free of charge and take account of the specific needs of the beneficiary of international protection in question .


### when the refugee status or the subsidiary protection status ceases to exist , the application of the decision by which the determining authority of a member state revokes , ends or does not renew the status should be deferred for a reasonable period of time after adoption , in order to give the third - country national or stateless person concerned the possibility to apply for residence on the basis of other grounds than those having justified the granting of international protection , such as family reasons , or reasons related to employment or to education , in accordance with relevant union and national law . ### when the status of the beneficiary of international protection ceases to exist , the application of the decision by which the determining authority of a member state withdraws the status should be deferred for a reasonable period of time after adoption , in order to give the third - country national or stateless person concerned the possibility to apply for residence on the basis of other grounds than those having justified the granting of international protection , such as family reasons , or reasons related to employment or to education , in accordance with relevant union and national law .


### depending on the circumstances in the country of origin , the concept might include a group based on a common characteristic of sexual orientation ; gender related aspects , including gender identity , shall be given due consideration for the purposes of determining membership of a particular social group or identifying a characteristic of such a group ; ### depending on the circumstances in the country of origin , the concept shall include a group based on a common characteristic of sexual orientation and gender related aspects , including gender identity , gender expression and sex characteristics . those aspects shall be given due consideration for the purposes of determining membership of a particular social group or identifying a characteristic of such a group ;


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


### as part of the assessment of the application for international protection , the determining authority shall determine that an applicant is not in need of international protection if he or she can safely and legally travel to and gain admittance to a part of the country of origin and can reasonably be expected to settle there and if , in that part of the country , he or she : ### as part of the assessment of the application for international protection , and provided that the state or agents of the state are not the actors of persecution or serious harm , the determining authority may determine that an applicant is not in need of international protection if he or she can safely and legally travel to and gain admittance to a part of the country of origin and can reasonably be expected to settle there and if , in that part of the country , he or she :


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


### where a beneficiary of international protection is found in a member state , other than the one that granted international protection , without a right to stay or to reside there in accordance with relevant union or national law , the period of legal stay preceding such a situation shall not be taken into account in the calculation of the period referred to in paragraph 1 . ### where a beneficiary of international protection is found in a member state , other than the one that granted international protection , and the authorities of that member state have established that the beneficiary did stay or reside there without a right to stay or to reside there in accordance with relevant union or national law for more than two weeks and without serious and urgent justification , the period of legal stay preceding such a situation shall not be taken into account in the calculation of the period referred to in paragraph 1 .


### revocation of , ending of or refusal to renew subsidiary protection status ### withdrawal of subsidiary protection status


### parties or organisations , including international organisations , controlling the state or a substantial part of the territory of the state ### parties or organisations , mandated by the state , including international organisations , controlling the state or a substantial part of the territory of the state ,


### the assessment of the availability of internal protection shall be carried out once it has been established by the determining authority that the qualification criteria would otherwise apply . the burden of demonstrating the availability of internal protection shall rest on the determining authority . the applicant shall not be required to prove that , before seeking international protection , he or she has exhausted all possibilities to obtain protection in his or her country of origin . ### the burden of demonstrating the availability of internal protection shall rest on the determining authority . that shall not preclude the applicant from presenting evidence to rebut any finding by the determining authority that internal protection is available . the applicant shall not be required to prove that , before seeking international protection , he or she has exhausted all possibilities to obtain protection in his or her country of origin .


### beneficiaries of international protection should reside in the member state which granted them protection . those beneficiaries who are in possession of a valid travel document and a residence permit issued by a member state applying the schengen acquis in full , should be allowed to enter into and move freely within the territory of the member states applying the schengen acquis in full , for a period up to 90 days in any 180 - day period in accordance with schengen borders code38 and with article 21 of the convention implementing the schengen agreement39 . beneficiaries of international protection can equally apply to reside in a member state other than the member state which granted protection , in accordance with relevant eu rules , notably on the conditions of entry and residence of third - country nationals for the purposes of highly skilled employment40 and national rules ; however , this does not imply any transfer of the international protection and related rights . __________________ 38 regulation 2016 / 399 of the european parliament and of the council of 9 march 2016 on a union code on the rules governing the movement of persons across borders . 39 schengen agreement of 14 june 1985 between the governments of the states of the benelux economic union , the federal republic of germany and the french republic on the gradual abolition of checks at their common borders . 40 com 378 final . ### beneficiaries of international protection should reside in the member state which granted them protection . those beneficiaries who are in possession of a valid travel document and a residence permit issued by a member state applying the schengen acquis in full , should be allowed to enter into and move freely within the territory of the member states applying the schengen acquis in full , within the authorised period of stay in accordance with schengen borders code38 and with article 21 of the convention implementing the schengen agreement39 . beneficiaries of international protection can equally apply to reside in a member state other than the member state which granted protection , in accordance with relevant eu rules , notably on the conditions of entry and residence of third - country nationals for the purposes of highly skilled employment40 and national rules ; however , this does not imply any transfer of the international protection and related rights . __________________ 38 regulation 2016 / 399 of the european parliament and of the council of 9 march 2016 on a union code on the rules governing the movement of persons across borders . 39 schengen agreement of 14 june 1985 between the governments of the states of the benelux economic union , the federal republic of germany and the french republic on the gradual abolition of checks at their common borders . 40 com 378 final .


### in order to apply article 20 , the determining authority shall review the subsidiary protection status in particular ### in applying article 20 , the determining authority may review the subsidiary protection status , in particular where information on countries of origin at union level as referred to in article 8 of regulation no xxx / xx [ regulation on the european union agency for asylum ] and common analysis of country of origin information as referred to in article 10 of that regulation indicate a significant change in the country of origin which is relevant for the protection needs of the applicant .


### in order to facilitate the integration of beneficiaries of international protection into society , beneficiaries of international protection shall have access to integration measures , modalities to be set by the member states . member states may make the participation in such integration measures , such as language courses , civic integration courses , vocational training and other employment - related courses compulsory . ### in order to facilitate the integration of beneficiaries of international protection into society , beneficiaries of international protection should have free and effective access to integration measures , modalities to be set by the member states . member states may make the participation in such integration measures , such as language courses , civic integration courses , vocational training and other employment - related courses compulsory , provided that those integration measures are easily accessible and free of charge . participation in the measures in question should always be without prejudice to the rights and obligations established by this regulation and should never constitute grounds for review , revocation , ending , refusal or non - renewal of refugee status or subsidiary protection status . any sanction established by member states in national law , regarding failure to attend obligatory integration measures , should always be proportional .


### in order to apply article 14 , the determining authority shall review the refugee status in particular : ### in applying article 14 , the determining authority may review the refugee status , in particular where information on countries of origin at union level as referred to in article 8 of regulation no xxx / xx [ regulation on the european union agency for asylum ] and common analysis of country of origin information as referred to in article 10 of that regulation indicate a significant change in the country of origin which is relevant for the protection needs of the applicant .


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


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


### for a well - functioning ceas , including of the dublin system , substantial progress should be made regarding the convergence of national asylum systems with special regard to differing recognition rates and type of protection status in the member states . in addition , rules on status review should be strengthened to ensure that protection is only granted to those who need it and for so long as it continues to be needed . moreover , divergent practices regarding the duration of the residence permits should be avoided , and the rights granted to beneficiaries of international protection should be further clarified and harmonised . ### a common union policy on international protection should be based on a uniform status . to move towards a well - functioning ceas , substantial progress should be made regarding the convergence of national asylum systems with special regard to differing recognition rates and type of protection status in the member states . at the same time , it is important not to overburden administratively the authorities of the member states . accordingly , rules should be strengthened to ensure that protection is granted to those who need it . moreover , a harmonised duration for residence permits should be established , which should take full account of the current practice in the member states , and the rights granted to beneficiaries of international protection should be further clarified and harmonised .


### the father , mother or another adult responsible for the beneficiary of international protection whether by law or by the practice of the member state concerned , when that beneficiary is a minor and unmarried ; ### where the beneficiary is a minor , the father , mother or another adult responsible for the beneficiary , whether by law or by practice of the member state concerned ;


### in accordance with relevant case law of the court of justice of the european union , when assessing applications for international protection , the competent authorities of the member states should use methods for the assessment of the applicant ' s credibility in a manner that respects the individual ' s rights as guaranteed by the charter , in particular the right to human dignity and the respect for private and family life . specifically as regards homosexuality , the individual assessment of the applicant ' s credibility should not be based on stereotyped notions concerning homosexuals and the applicant should not be submitted to detailed questioning or tests as to his or her sexual practices . ### in accordance with relevant case law of the court of justice of the european union , when assessing applications for international protection , the competent authorities of the member states should use methods for the assessment of the applicant ' s credibility in a manner that respects the individual ' s rights as guaranteed by the charter , in particular the right to human dignity and the respect for private and family life . specifically as regards sexual orientation and gender identity , the individual assessment of the applicant ' s credibility should not be based on stereotyped notions concerning sexual orientation and gender identity and the applicant should not be submitted to detailed questioning or tests as to his or her sexual practices . moreover , the competent national authorities should not find that the statements of the applicant lack credibility on the sole ground that the applicant did not rely on his or her sexual orientation , gender identity , gender expression or sex characteristics when he or she first set out the details of his or her persecution .


### persons to whom points to of paragraph 1 or paragraph 2 apply shall be entitled to rights set out in or similar to those set out in articles 3 , 4 , 16 , 22 , 31 , 32 and 33 of the geneva convention in so far as they are present in the member state . ### persons to whom point of paragraph 1 or paragraph 2 applies shall be entitled to rights set out in or similar to those set out in articles 3 , 4 , 16 , 22 , 31 , 32 and 33 of the geneva convention in so far as they are present in the member state .


### the residence permit and the travel documents issued to beneficiaries of international protection for the first time or renewed following the entry into force of this regulation should comply with the rules laid down by regulation no 1030 / 2002 and council regulation no 2252 / 2004 respectively . ### the residence permit and the travel documents issued to beneficiaries of international protection following the entry into force of this regulation should comply with the rules laid down by regulation no 1030 / 2002 and council regulation no 2252 / 2004 respectively .


### when applying the provisions of this chapter that involve minors the best interests of the child shall be a primary consideration to the relevant authorities . ### when applying this regulation , the best interests of the child shall be a primary consideration for the member states .


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


### where a beneficiary of international protection is found in a member state , other than the one that granted international protection , without a right to stay or to reside there in accordance with relevant union or national law , the period of legal stay preceding such a situation shall not be taken into account in the calculation of the period referred to in paragraph 1 . ### where a beneficiary of international protection is found in a member state , other than the one that granted international protection , and the authorities of that member state have established that the beneficiary did stay or reside there without a right to stay or to reside there in accordance with relevant union or national law for more than two weeks and without serious and urgent justification , the period of legal stay preceding such a situation shall not be taken into account in the calculation of the period referred to in paragraph 1 .


### provided they are willing and able to offer protection in accordance with paragraph 2 . ### as long as they are willing and able to provide protection in accordance with paragraph 2 .


### the determining authority shall revoke , end or refuse to renew the subsidiary protection status of a third - country national or a stateless person where : ### the determining authority shall withdraw the subsidiary protection status of a third - country national or a stateless person where :


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


### the applicant has made a genuine effort to substantiate his or her application ; ### the applicant has made a genuine effort to substantiate his or her application for international protection ;


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


### for the purpose of assessing serious harm which may qualify applicants as eligible for subsidiary protection , the notion of indiscriminate violence , in accordance with relevant case law of the european court of justice , should include violence that may extend to people irrespective of their personal circumstance . ### for the purpose of assessing serious harm which may qualify applicants as eligible for subsidiary protection , the notion of indiscriminate violence , in accordance with relevant case law of the european court of justice , should include violence that may extend to people irrespective of their personal circumstance . factors to be taken into account when determining whether indiscriminate violence exists could include external aggression , occupation , foreign domination , internal conflicts , severe violation of human rights or events seriously disturbing public order in the country of origin , or in a part thereof .


### in order to apply article 20 , the determining authority shall review the subsidiary protection status in particular ### in applying article 20 , the determining authority may review the subsidiary protection status , in particular where information on countries of origin at union level as referred to in article 8 of regulation no xxx / xx [ regulation on the european union agency for asylum ] and common analysis of country of origin information as referred to in article 10 of that regulation indicate a significant change in the country of origin which is relevant for the protection needs of the applicant .


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


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


### refugees and persons who have been granted subsidiary protection status shall have the rights and obligations laid down in this chapter . this chapter shall be without prejudice to the rights and obligations laid down in the geneva convention . ### without prejudice to the rights and obligations laid down in the geneva convention , beneficiaries of international protection shall have the rights and obligations laid down in this chapter .


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


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


### where competent authorities revoke , end or refuse to renew the refugee status of a third - country national in accordance with article 14 and the subsidiary protection status in accordance with article 20 ; ### where competent authorities withdraw the refugee status of a third - country national in accordance with article 14 or the subsidiary protection status in accordance with article 20 ;


### a third - country national or a stateless person shall be excluded from being a refugee if : ### a third - country national or a stateless person shall be excluded from the scope of this regulation if :


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


### in particular , it is necessary to introduce common concepts of protection needs arising sur place , sources of harm and protection , internal protection and persecution , including the reasons for persecution . ### in particular , it is necessary to introduce common concepts of protection needs arising sur place , sources of harm and protection , and persecution , including the reasons for persecution .


### in order to allow the elm to respond to potential upcoming challenges and union priorities , as well as to provide a strategic response addressing root causes of migration , the maximum ceiling for the eib financing operations under the eu guarantee should be increased to eur 32 300 000 000 by releasing the optional additional amount of eur 3 000 000 000 . under the general mandate , the amount of eur 1 400 000 000 should be earmarked for projects in the public sector directed to refugees and host communities in crisis affected areas . ### in order to allow the elm to respond to potential upcoming challenges and union priorities , as well as to provide a strategic response addressing root causes of migratory pressures stemming from poverty , inequality , demographic growth , lack of employment and economic opportunities , climate change , the maximum ceiling for the eib financing operations under the eu guarantee should be increased to eur 38 470 000 000 . under the general mandate , the amount of eur 1 400 000 000 should be earmarked for projects in the public sector directed towards the development of economic and social infrastructure in partner countries , transit and host communities , with a focus on job creation and sustainability .


### a maximum amount of eur 30 000 000 000 under a general mandate , of which an amount of up to eur 1 400 000 000 is earmarked for projects in the public sector directed to refugees and host communities ; ### a maximum amount of eur 36 170 000 000 under a general mandate , of which an amount of up to eur 1 400 000 000 is earmarked for projects in the public sector addressing the root causes of migration , including climate change , and the long - term social and economic infrastructure and development of forcibly displaced people and host communities , implemented under the eib resilience initiative ;


### a maximum amount of eur 30 000 000 000 under a general mandate , of which an amount of up to eur 1 400 000 000 is earmarked for projects in the public sector directed to refugees and host communities ; ### a maximum amount of eur 36 200 000 000 under a general mandate , of which an amount of up to eur&#160 ; 2&#160 ; 500&#160 ; 000&#160 ; 000 is earmarked for projects in the public sector directed to refugees and host communities as well as to addressing the root causes of migration ;


### “in its financing operations , the eib shall not tolerate any activities carried out for illegal purposes , including money laundering , financing of terrorism , tax fraud and tax evasion , corruption , and fraud affecting the financial interests of the union . in particular the eib shall not participate in any financing operation implemented in an eligible country through a foreign vehicle located in a non - cooperative jurisdiction identified as such by the union , the united nations , the organisation for economic cooperation and development or the financial action task force . in its financing operations , the eib shall apply the principles and standards set out in union law on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing , including a requirement to take reasonable measures to identify the beneficial owners where applicable . ” ### “in its financing operations , the eib shall not tolerate any activities carried out for illegal purposes , including money laundering , financing of terrorism , tax fraud and tax evasion , corruption , and fraud affecting the financial interests of the union . in particular the eib shall not participate in any financing operation implemented in an eligible country through a foreign vehicle located in a non - cooperative jurisdiction identified as such by the union , the united nations , the organisation for economic cooperation and development or the financial action task force . it shall not make use of or engage in tax avoidance structures , in particular aggressive tax planning schemes or practices not complying with tax good governance criteria , as set out in union legislation or commission , organisation for economic cooperation and development or financial action task force recommendations and communications or any formal notice by the latter . it shall not maintain business relations with entities established in jurisdictions that do not co - operate with the union in relation to the application of the internationally agreed tax standards on transparency and exchange of information . when it concludes agreements with financial intermediaries , it shall transpose requirements referred to in this paragraph in the relevant contracts . in its financing operations , the eib shall apply the principles and standards set out in union law on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing , including a requirement to take reasonable measures to identify the beneficial owners where applicable . the eib shall launch a discussion with institutions and stakeholders on revising its policy on non - cooperative jurisdictions so that no business relationships or client relations are maintained or activated , and shall adopt an updated policy by mid - 2018 . it shall subsequently report annually about its implementation . ”


### over the period covered by this decision , the eib should endeavour to sustain the current high level of climate - relevant operations , while the minimum volume of those operations shall represent at least 25 % of the total eib financing operations . ### over the period covered by this decision , the eib should endeavour to sustain a high level of climate - relevant operations , the volume of which shall represent at least 25 % of the total eib financing operations outside the union , gradually increasing that target to at least 35 % by 2020 .


### eib financing operations supporting the general objectives set out in point of paragraph 1 shall back investment projects that address root causes of the migration and contribute to long - term economic resilience and safeguard sustainable development in beneficiary countries . eib financing operations shall , in particular , address increased needs for infrastructure and related services to cater for the migrants influx , and boost employment opportunities for host and refugee communities to foster economic integration and enable refugees to become self - reliant . ### eib financing operations supporting the general objectives set out in point of paragraph 1 shall back investment projects that address root causes of migratory pressures stemming from poverty , underdevelopment , inequality , demographic growth , lack of employment and economic opportunities as well as from climate change and contribute to long - term economic resilience and safeguard sustainable development in beneficiary countries while ensuring compliance with the sdgs . eib financing operations shall , in particular , strengthen humanitarian action and support for decent job creation , while ensuring the full respect of human , labour and social rights , fundamental freedoms and gender mainstreaming by implementing a rights - based approach encompassing all human and social rights in line with transparency , participation , non - discrimination and accountability . eib financing operations shall recognise that gender equality is a cross cutting issue to achieving sustainable development . a gender perspective shall be applied to all financing operations . the eib shall ensure that it develops a gender action plan by 31 december 2017 and that all eib operations under this mandate comply with the principles of its gender strategy approved in december 2016 .


### in order to allow the elm to respond to potential upcoming challenges and union priorities , as well as to provide a strategic response addressing root causes of migration , the maximum ceiling for the eib financing operations under the eu guarantee should be increased to eur 32 300 000 000 by releasing the optional additional amount of eur 3 000 000 000 . under the general mandate , the amount of eur 1 400 000 000 should be earmarked for projects in the public sector directed to refugees and host communities in crisis affected areas . ### in order to allow the elm to maintain current levels of support for union priorities as outlined in the global strategy on the european union ' s foreign and security policy , respond to potential upcoming challenges and provide a strategic response addressing root causes of migration , the maximum ceiling for the eib financing operations under the eu guarantee should be increased to eur 36 300 000 000 , inter alia by releasing the optional additional amount of eur 3 000 000 000 . under the general mandate , the amount of eur 1 400 000 000 should be earmarked for projects in the public sector aimed at enhancing resilience of migrants , refugees and transit and host communities .


### exercise of the right to remain silent shall not be used against a suspect or accused person at a later stage in the proceedings and shall not be considered as a corroboration of facts . ### exercise of the right to remain silent shall not be used against a suspect or accused person at a later stage in the proceedings and shall not be considered as a corroboration of facts or used to establish the punishment , even implicitly .


### the right not to incriminate oneself and not to cooperate should not extend to the use in criminal proceedings of material which may be obtained from the suspect or accused person through the use of lawful compulsory powers but which has an existence independent of the will of the suspects or accused persons , such as material acquired pursuant to a warrant , material in respect of which there is a legal obligation of retention and production upon request , breath , blood and urine samples and bodily tissue for the purpose of dna testing . ### the right not to incriminate oneself and not to cooperate should not extend to the use in criminal proceedings of material which may be obtained from the suspect or accused person through the use of lawful compulsory powers but which has an existence independent of the will of the suspects or accused persons , such as material acquired pursuant to a warrant , material in respect of which there is a legal obligation of retention and production upon request , breath , blood and urine samples and bodily tissue for the purpose of dna testing , taking into consideration , however , that such methods might be unlawful if inadmissible intrusive medical practices were employed to obtain evidence that could be used against the suspect or accused person .


### to the extent that is necessary to ensure accessibility for end - users to digital radio and television broadcasting services specified by the member state , obligations on operators to provide access to the other facilities referred to in annex ii , part ii on fair , reasonable and non - discriminatory terms . ### to the extent that is necessary to ensure accessibility for end - users , including for end - users with disabilities , to digital radio and audiovisual media services as well as related complementary services specified by the member state , obligations on operators to provide access to the other facilities and to provide access to radio and audio or audiovisual media services referred to in annex ii , part ii on fair , reasonable and non - discriminatory terms .


### member states shall define the functional internet access service referred to in paragraph 1 with a view to adequately reflect services used by the majority of end - users in their territory . to that end , the functional internet access service shall be capable of supporting the minimum set of services set out in annex v . ### member states shall define the internet access service referred to in paragraph 1 with a view to ensure they deliver these services based on minimum requirements such as the bandwidth the majority of end - users is subscribed to at a fixed location .


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


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


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


### where , on the basis of the net cost calculation referred to in article 84 , national regulatory authorities find that an undertaking is subject to an unfair burden , member states shall , upon request from the undertaking concerned , decide to introduce a mechanism to compensate that undertaking for the determined net costs under transparent conditions from public funds . only the net cost , as determined in accordance with article 84 , of the obligations laid down in articles 79 , 81 and 82 may be financed . ### where , on the basis of the net cost calculation referred to in article 84 , national regulatory authorities find that an undertaking is subject to an unfair burden , member states shall , upon request from the undertaking concerned , decide : to introduce a mechanism to compensate that undertaking for the determined net costs under transparent conditions from public funds ; and / or to share the net cost of universal service obligations between providers of electronic communications networks and services and those undertakings providing information society services as defined in directive 2000 / 31 / ec and which account for a large broadband consumption .


### interpersonal communications services are services that enable interpersonal and interactive exchange of information , covering services like traditional voice calls between two individuals but also all types of emails , messaging services , or group chats . interpersonal communications services only cover communications between a finite , that is to say not potentially unlimited , number of natural persons which is determined by the sender of the communication . communications involving legal persons should be within the scope of the definition where natural persons act on behalf of those legal persons or are involved at least on one side of the communication . interactive communication entails that the service allows the recipient of the information to respond . services which do not meet those requirements , such as linear broadcasting , video on demand , websites , social networks , blogs , or exchange of information between machines , should not be considered as interpersonal communications services . under exceptional circumstances , a service should not be considered as an interpersonal communications service if the interpersonal and interactive communication facility is a purely ancillary feature to another service and for objective technical reasons cannot be used without that principal service , and its integration is not a means to circumvent the applicability of the rules governing electronic communications services . an example for such an exception could be , in principle , a communication channel in online games , depending on the features of the communication facility of the service . ### interpersonal communications services are services that enable interpersonal and interactive exchange of information , covering services like traditional voice calls between two individuals but also all types of emails , messaging services , or group chats . interpersonal communications services only cover communications between a finite , that is to say not potentially unlimited , number of natural persons which is determined by the sender of the communication . communications involving legal persons should be within the scope of the definition where natural persons act on behalf of those legal persons or are involved at least on one side of the communication . interactive communication entails that the service allows the recipient of the information to respond . services which do not meet those requirements , such as linear broadcasting , video on demand , websites , social networks , blogs , or exchange of information between machines , should not be considered as interpersonal communications services . all communication services , whether or not they are ancillary to another principal service , shall be bound by the rules on confidentiality and security of communications . if the interpersonal and interactive communication facility is purely a minor ancillary feature to another service and for objective technical reasons cannot be used without that principal service , and its integration is not a means to circumvent the applicability of the rules governing electronic communications services , all other provisions beyond rules on security of communications in this directive shall not apply to such ancillary services .


### in order to fall within the scope of the definition of electronic communications service , a service needs to be provided normally in exchange for remuneration . in the digital economy , market participants increasingly consider information about users as having a monetary value . electronic communications services are often supplied against counter - performance other than money , for instance by giving access to personal data or other data . the concept of remuneration should therefore encompass situations where the provider of a service requests and the end - user actively provides personal data , such as name or email address , or other data directly or indirectly to the provider . it should also encompass situations where the provider collects information without the end - user actively supplying it , such as personal data , including the ip address , or other automatically generated information , such as information collected and transmitted by a cookie ) . in line with the jurisprudence of the court of justice of the european union on article 57 tfeu24 , remuneration exists within the meaning of the treaty also if the service provider is paid by a third party and not by the service recipient . the concept of remuneration should therefore also encompass situations where the end - user is exposed to advertisements as a condition for gaining access to the service , or situations where the service provider monetises personal data it has collected . __________________ 24 case c - 352 / 85 bond van adverteerders and others vs the netherlands state , eu : c : 1988 : 196 . ### in order to fall within the scope of the definition of electronic communications service , a service needs to be provided normally in exchange for remuneration . in the digital economy , market participants increasingly consider information about users as having a monetary value . electronic communications services are often supplied against counter - performance other than money , for instance by giving access to personal data or other data . the concept of remuneration should therefore encompass situations where the provider of a service requests and the end - user actively provides personal data , such as name or email address , or other data directly or indirectly to the provider . it should also encompass situations where the provider collects information without the end - user actively supplying it , such as personal data , and information collected by the undertaking . in line with the jurisprudence of the court of justice of the european union on article 57 tfeu24 , remuneration exists within the meaning of the treaty also if the service provider is paid by a third party and not by the service recipient . the concept of remuneration should therefore also encompass situations where the end - user is exposed to advertisements as a condition for gaining access to the service , or situations where the service provider monetises personal data it has collected . __________________ 24 case c - 352 / 85 bond van adverteerders and others vs the netherlands state , eu : c : 1988 : 196 .


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


### in taking the measures referred to in paragraph 1 , member states shall encourage compliance with the relevant standards or specifications published in accordance with article 39 . ### in taking the measures referred to in paragraph 1 , member states shall ensure compliance with the relevant accessibility and interoperability standards or specifications published in accordance with article 39 .


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


### the speed of internet access experienced by a given user may depend on a number of factors , including the provider of internet connectivity as well as the given application for which a connection is being used . the affordable functional internet access service should be sufficient in order to support access to and use of a minimum set of basic services that reflect the services used by the majority of end - users . this minimum list of services should be further defined by member states , in order to allow an adequate level of social inclusion and participation in the digital society and economy in their territory . ### the available , affordable and accessible internet access provided under the universal service obligation should have the capacity to support access to and use of basic internet services and minimum bandwidth that reflect the needs of the majority of end - users and is needed to allow citizens an adequate level of social inclusion and participation in the digital society and economy in their territory . this would ensure that all consumers have access to what is a standard basic broadband in the member state . the requirements of union legislation on open internet , in particular of regulation no 2015 / 2120 of the european parliament and of the council of 25 november 2015 , should apply to any list of internet access services or minimum bandwidth adopted under the universal service obligation .


### member states shall ensure that conditions and procedures for contract termination are not a disincentive against changing service provider and that contracts concluded between consumers and undertakings providing publicly available electronic communications services , other than number - independent interpersonal communications services , do not mandate an initial commitment period longer than 24 months . member states may adopt or maintain shorter maximum durations for the initial commitment period . ### member states shall ensure that conditions and procedures for contract termination are not a disincentive against changing service provider and that contracts concluded between consumers , and micro or small enterprises where appropriate , and undertakings providing publicly available electronic communications services , other than number - independent interpersonal communications services , do not mandate a commitment period longer than 24 months . member states may adopt or maintain shorter maximum durations for the initial commitment period .


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


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


### voice communications’ means a service made available to the public for originating and receiving , directly or indirectly , national or national and international calls through a number or numbers in a national or international telephone numbering plan ; ### two - way communications’ means a service made available to the public for originating and receiving , directly or indirectly , national or national and international calls supporting voice , video and real time text communication solely or in any combination , through a number or numbers in a national or international telephone numbering plan and through text relay and video based relay services ;


### member states shall ensure that all end - users of the service referred to in paragraph 2 , including users of public pay telephones , are able to access the emergency services through emergency communications free of charge and without having to use any means of payment , by using the single european emergency number ' 112 ' and any national emergency number specified by member states . ### member states shall ensure that all end - users of the service referred to in paragraph 2 , including users of public pay telephones and of private telecommunications networks , relay services and total conversation services , are able to access the emergency services or , where applicable the internal emergency services , through emergency communications free of charge and without having to use any means of payment , pre - registration or pre - installation , by using the single european emergency number ' 112 ' and any national emergency number specified by member states .


### where an early termination of a contract on a publicly available electronic communications service by the end - user is possible in accordance with this directive , other provisions of union law or national law , no compensation shall be due by the end - user other than for the pro rata temporis value of subsidised equipment bundled with the contract at the moment of the contract conclusion and a pro rata temporis reimbursement for any other promotional advantages marked as such at the moment of the contract conclusion . any restriction on the usage of terminal equipment on other networks shall be lifted , free of charge , by the provider at the latest upon payment of such compensation . ### consumers shall have the right to terminate a contract giving a one - month notice . no termination penalties shall be due . where a compensation linked to subsidised terminal equipment bundled with the contract at the moment of the contract conclusion exists , the maximum compensation that consumers should pay shall be determined either on the remaining instalments for the terminal equipment bundled with the contract at the moment of the contract conclusion or on the remaining part of the service fee until the end of the contract , whichever amount is smaller . any restriction on the usage of terminal equipment on other networks shall be lifted , free of charge , by the provider at the latest upon payment of such compensation .