### in the circumstances referred to in paragraph 1 , the determining authority shall discontinue the examination of the application and send a written notice to the applicant at the place of residence or address referred to in article 7 , informing him or her that the examination of his or her application has been discontinued and that the application will be definitely rejected as abandoned unless the applicant reports to the determining authority within a period of one month from the date when the written notice is sent . ### in the circumstances referred to in paragraph 1 , the determining authority shall discontinue the examination of the application and send a written notice to the applicant at the place of residence or address referred to in article 7 , informing him or her that the examination of his or her application has been discontinued and that the application will be definitely rejected as implicitly withdrawn unless the applicant reports to the determining authority within a period of one month from the date when the written notice is sent .


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


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


### the commission , assisted by the european union agency for asylum , should regularly review the situation in third countries designated as safe third countries at union level or that are on the eu common list of safe countries of origin . in case of sudden change for the worse in the situation of such a third country , the commission should be able to suspend the designation of that third country as safe third country at union level or the presence of that third country from the eu common list of safe countries of origin for a limited period of time by means of a delegated act in accordance with article 290 of the treaty on the functioning of the european union . moreover , in this case , the commission should propose an amendment for the third country not to be designated as a safe third country at union level any longer or to remove that third country from the eu common list of safe country of origin within 3 months of the adoption of delegated act suspending the third country . ### the commission , assisted by the european union agency for asylum , should regularly review the situation in third countries designated as safe third countries at union level or that are on the eu common list of safe countries of origin . in case of sudden change for the worse in the situation of such a third country , the commission should be able to suspend the designation of that third country as safe third country at union level or the presence of that third country from the eu common list of safe countries of origin for a limited period of time by means of a delegated act in accordance with article 290 of the treaty on the functioning of the european union . moreover , in this case , the commission should propose an amendment for the third country not to be designated as a safe third country at union level any longer or to remove that third country from the eu common list of safe country of origin within 6 months of the adoption of delegated act suspending the third country .


### the concept of first country of asylum should be applied as a ground for inadmissibility where it can reasonably be assumed that another country would grant protection in accordance with the substantive standards of the geneva convention or the applicant would be provided sufficient protection in that country . in particular , the member states should not examine the merits of an application where a first country of asylum has granted the applicant refugee status or otherwise sufficient protection . member states should proceed on that basis only where they are satisfied including , where necessary or appropriate , based on assurances obtained from the third country concerned , that the applicant has enjoyed and will continue to enjoy protection in that country in accordance with the geneva convention or has otherwise enjoyed and will continue to enjoy sufficient protection , particularly as regards the right of legal residence , appropriate access to the labour market , reception facilities , healthcare and education , and the right to family reunification in accordance with international human rights standards . ### member states should retain the possibility to apply the concept of first country of asylum , where it can reasonably be assumed that another country would grant protection under the geneva convention or the applicant would be provided effective protection in that country equivalent to the protection granted to refugees . member states should be entitled to apply the concept where a first country of asylum has granted the applicant refugee status or effective protection . member states should be entitled to proceed on that basis only where they are satisfied including , where necessary or appropriate , based on assurances obtained from the third country concerned , that the applicant has enjoyed and will continue to enjoy protection in that country in accordance with the geneva convention or has otherwise enjoyed and will continue to enjoy effective protection , particularly as regards the right of legal residence , appropriate access to the labour market , reception facilities , healthcare and education , and the right to family reunification in accordance with international human rights standards , with no risk of refoulement to another third country or arbitrary deprivation of liberty .


### the applicant shall inform the determining authority of the member state in which he or she is required to be present of his or her place of residence or address or a telephone number where he or she may be reached by the determining authority or other responsible authorities . he or she shall notify that determining authority of any changes . the applicant shall accept any communication at the most recent place of residence or address which he or she indicated accordingly , in particular when he or she lodges an application in accordance with article 28 . ### the applicant shall inform the relevant authority of the member state in which he or she is required to be present of his or her telephone number or e - mail address where he or she may be reached by the relevant authority or other responsible authorities . he or she shall notify that determining authority of any changes .


### the determining authority shall give applicants notice within a reasonable time of the decision taken on their application . where a guardian , legal adviser or other counsellor is legally representing the applicant , the determining authority may give notice of the decision to him or her instead of to the applicant . ### the determining authority shall give applicants notice in writing within seven days of the decision taken on their application . where a guardian , legal adviser or other counsellor is legally representing the applicant , the determining authority shall give notice of the decision to him or her as well as to the applicant .


### the determining authority shall consider a third country to be a safe third country for a particular applicant , after an individual examination of the application , only where it is satisfied of the safety of the third country for a particular applicant in accordance with the criteria established in paragraph 1 and it has established that : ### the determining authority may consider a third country to be a safe third country for a particular applicant , after an individual examination of the application , only where it is satisfied of the safety of the third country for a particular applicant in accordance with the criteria established in paragraph 1 and it has established that :


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


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


### the responsible authorities shall not place a guardian in charge of a disproportionate number of unaccompanied minors at the same time , which would render him or her unable to perform his or her tasks effectively . ### the responsible authorities shall not place a guardian in charge of a disproportionate number of unaccompanied minors at the same time , and in any event no more than 20 , which would render him or her unable to perform his or her tasks effectively .


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


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


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


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


### the commission , with the assistance of the european union agency for asylum , should regularly review the situation in third countries that have been removed from the eu common list of safe countries of origin or safe third countries , including where a member state notifies the commission that it considers , based on a substantiated assessment , that , following changes in the situation of that third country , it fulfils again the conditions set out in this regulation for being designated as safe . in such a case , member states could only designate that third country as a safe country of origin or a safe third country at the national level as long as the commission does not raise objections to that designation . where the commission considers that these conditions are fulfilled , it may propose an amendment to the designation of safe third countries at union level or to the eu common list of safe countries of origin so as to add the third country . ### the commission , with the assistance of the european union agency for asylum , should regularly review the situation in third countries that have been removed from the eu common list of safe countries of origin or safe third countries . where a third country has been removed from the eu common list of safe countries of origin , a member state may notify the commission where it considers that , following changes in the situation of that third country , it once again fulfils the criteria set out in annex 1 to this regulation for being included in the eu common list of safe countries of origin . the commission shall examine any such notification by a member state and if appropriate , submit a proposal to the european parliament and to the council to amend the eu common list of safe countries of origin accordingly . if the commission decides not to submit such a proposal , member states shall not designate that country as a safe country of origin at national level .


### in the substantive interview , the applicant shall be given an adequate opportunity to present the elements needed to substantiate his or her application in accordance with regulation no xxx / xxx , and he or she shall provide all the elements at his or her disposal as completely as possible . the applicant shall be given the opportunity to provide an explanation regarding elements which may be missing or any inconsistencies or contradictions in the applicant’s statements . ### in the substantive interview , the applicant shall be given sufficient opportunity to present the elements needed to substantiate his or her application in accordance with regulation no xxx / xxx , and he or she shall provide all the elements at his or her disposal as completely as possible . the applicant shall be given the opportunity to provide an explanation regarding elements which may be missing or any inconsistencies or contradictions in the applicant ' s statements .


### the determining authority shall declare an unfounded application to be manifestly unfounded in the cases referred to in article 40 , , , and . ### the determining authority may declare an unfounded application to be manifestly unfounded in the cases referred to in article 40 .


### assistance in the preparation of the application and personal interview , including participation in the personal interview as necessary ; ### assistance in the preparation of the application and personal interview and participation in the personal interview ;


### the determining authority or any other authority or experts assisting it or conducting the personal interview shall make a thorough and factual report containing all substantive elements or a transcript of every personal interview . ### the determining authority or experts deployed by the european union agency for asylum referred to in article 5 assisting it or conducting the personal interview shall make a thorough and factual report containing all substantive elements or a transcript of every personal interview .


### the examination of an application should be accelerated and completed within a maximum of two months in those instances where an application is manifestly unfounded because it is an abusive claim , including where an applicant comes from a safe country of origin or an applicant is making an application merely to delay or frustrate the enforcement of a removal decision , or where there are serious national security or public concerns , where the applicant does not apply for international protection in the first member state of entry or in the member state of legal residence or where an applicant whose application is under examination and who made an application in another member state or who is on the territory of another member state without a residence document is taken back under the dublin regulation . in the latter case , the examination of the application should not be accelerated if the applicant is able to provide substantiated justifications for having left to another member state without authorisation , for having made an application in another member state or for having otherwise been unavailable to the competent authorities , such as for instance that he or she was not informed adequately and in a timely manner of his or her obligations . furthermore , an accelerated examination procedure may be applied to unaccompanied minors only within the limited circumstances set out in this regulation . ### it should be possible for determining authorities to accelerate the examination of an application and complete that application within a maximum of two months in those instances where an application is manifestly unfounded because it is an abusive claim , including where an applicant might come from a safe country of origin or an applicant is making an application merely to delay or frustrate the enforcement of a removal decision , or where there are serious national security or public concerns . furthermore , an accelerated examination procedure should not be applied to unaccompanied minors .


### the concept of first country of asylum should be applied as a ground for inadmissibility where it can reasonably be assumed that another country would grant protection in accordance with the substantive standards of the geneva convention or the applicant would be provided sufficient protection in that country . in particular , the member states should not examine the merits of an application where a first country of asylum has granted the applicant refugee status or otherwise sufficient protection . member states should proceed on that basis only where they are satisfied including , where necessary or appropriate , based on assurances obtained from the third country concerned , that the applicant has enjoyed and will continue to enjoy protection in that country in accordance with the geneva convention or has otherwise enjoyed and will continue to enjoy sufficient protection , particularly as regards the right of legal residence , appropriate access to the labour market , reception facilities , healthcare and education , and the right to family reunification in accordance with international human rights standards . ### member states should retain the possibility to apply the concept of first country of asylum , where it can reasonably be assumed that another country would grant protection under the geneva convention or the applicant would be provided effective protection in that country equivalent to the protection granted to refugees . member states should be entitled to apply the concept where a first country of asylum has granted the applicant refugee status or effective protection . member states should be entitled to proceed on that basis only where they are satisfied including , where necessary or appropriate , based on assurances obtained from the third country concerned , that the applicant has enjoyed and will continue to enjoy protection in that country in accordance with the geneva convention or has otherwise enjoyed and will continue to enjoy effective protection , particularly as regards the right of legal residence , appropriate access to the labour market , reception facilities , healthcare and education , and the right to family reunification in accordance with international human rights standards , with no risk of refoulement to another third country or arbitrary deprivation of liberty .


### where the adult responsible for the accompanied minor does not make an application for himself or herself , the accompanied minor shall be clearly informed of the possibility and procedure for lodging an application in his or her own name at the time of the making of his or her application . ### where the adult responsible for the accompanied minor does not make an application for himself or herself , the responsible authorities shall clearly inform the accompanied minor of the procedure for lodging an application in his or her own name at the time of the making of his or her application .


### the responsible authorities shall , as soon as possible and not later than five working days from the moment when an unaccompanied minor makes an application , appoint a person or an organisation as a guardian . ### the responsible authorities shall , as soon as possible and not later than five days from the moment when an unaccompanied minor disembarks in the territory of the european union , appoint a person or an organisation as a guardian .


### without prejudice to article 22 , the absence of a legal adviser or other counsellor shall not prevent the determining authority from conducting a personal interview with the applicant . ### without prejudice to article 22 , the absence of a legal adviser or other counsellor shall not prevent the determining authority from conducting a personal interview with the applicant , provided that the applicant has been informed of his or her right to legal assistance and representation – including free legal assistance and representation where appropriate – and has chosen not to exercise that right .


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


### where an application is rejected as inadmissible , as unfounded with regard to refugee status or subsidiary protection status , as explicitly withdrawn or as abandoned , the reasons in fact and in law shall be stated in the decision . information on how to challenge a decision refusing to grant international protection shall be given in writing , unless otherwise already provided to the applicant . ### where an application is rejected as inadmissible , as unfounded with regard to refugee status or subsidiary protection status , as explicitly withdrawn or as abandoned , the reasons in fact and in law shall be stated in the decision . information on how to challenge a decision refusing to grant international protection , and the relevant deadlines , shall be given in writing .


### the applicant shall make his or her application in the member state of first entry or , where he or she is legally present in a member state , he or she shall make the application in that member state as provided for in article 4 of regulation no xxx / xxx . ### the applicant shall make his or her application in the member state determined as responsible in accordance with regulation no xxx / xxx . where he or she is legally present in a member state , he or she shall make the application in that member state as provided for in article 4 of regulation no xxx / xxx .


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


### a third country shall be considered to be a first country of asylum for a particular applicant provided that : ### a third country may be considered to be a first country of asylum for a particular applicant provided that :


### the applicant shall lodge the application within ten working days from the date when the application is registered provided that he or she is given an effective opportunity to do so within that time - limit . ### the applicant shall lodge the application within 15 working days from the date when the application is registered provided that he or she is given an effective opportunity to do so within that time - limit .


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


### the commission , with the assistance of the european union agency for asylum , should regularly review the situation in third countries that have been removed from the eu common list of safe countries of origin or safe third countries , including where a member state notifies the commission that it considers , based on a substantiated assessment , that , following changes in the situation of that third country , it fulfils again the conditions set out in this regulation for being designated as safe . in such a case , member states could only designate that third country as a safe country of origin or a safe third country at the national level as long as the commission does not raise objections to that designation . where the commission considers that these conditions are fulfilled , it may propose an amendment to the designation of safe third countries at union level or to the eu common list of safe countries of origin so as to add the third country . ### the commission , with the assistance of the european union agency for asylum , should regularly review the situation in third countries that have been removed from the eu common list of safe countries of origin or safe third countries . where a third country has been removed from the eu common list of safe countries of origin , a member state may notify the commission where it considers that , following changes in the situation of that third country , it once again fulfils the criteria set out in annex 1 to this regulation for being included in the eu common list of safe countries of origin . the commission shall examine any such notification by a member state and if appropriate , submit a proposal to the european parliament and to the council to amend the eu common list of safe countries of origin accordingly . if the commission decides not to submit such a proposal , member states shall not designate that country as a safe country of origin at national level .


### ' subsequent application ' means a further application for international protection made in any member state after a final decision has been taken on a previous application including cases where the application has been rejected as explicitly withdrawn or as abandoned following its implicit withdrawal ; ### ' subsequent application ' means a further application for international protection made in any member state after a final decision has been taken on a previous application ;


### the determining authority shall give applicants notice within a reasonable time of the decision taken on their application . where a guardian , legal adviser or other counsellor is legally representing the applicant , the determining authority may give notice of the decision to him or her instead of to the applicant . ### the determining authority shall give applicants notice in writing within seven days of the decision taken on their application . where a guardian , legal adviser or other counsellor is legally representing the applicant , the determining authority shall give notice of the decision to him or her as well as to the applicant .


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


### where simultaneous applications for international protection by a disproportionate number of third - country nationals or stateless persons make it difficult in practice for the determining authority to conduct timely personal interviews of each applicant , the determining authority may be assisted by the personnel of authorities of other member states referred to in article 5 and experts deployed by the european union agency for asylum referred to in article 5 , to conduct such interviews . ### where simultaneous applications for international protection by a disproportionate number of third - country nationals or stateless persons make it difficult in practice for the determining authority to conduct timely personal interviews of each applicant , the determining authority may be assisted by experts deployed by the european union agency for asylum referred to in article 5 , to conduct such interviews .


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


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


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


### the applicant refuses to cooperate by not providing the necessary details for the application to be examined and by not providing his or her fingerprints and facial image pursuant to article 7 ; ### the applicant refuses to cooperate by not providing the necessary details in accordance with points and of the first paragraph of article 27 ;


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


### the following authorities shall have the task of receiving and registering applications for international protection as well as informing applicants as to where and how to lodge an application for international protection : ### the following authorities may be tasked with receiving and registering applications for international protection as well as informing applicants as to where and how to lodge an application for international protection :


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


### where the adult responsible for the accompanied minor does not make an application for himself or herself , the accompanied minor shall be clearly informed of the possibility and procedure for lodging an application in his or her own name at the time of the making of his or her application . ### where the adult responsible for the accompanied minor does not make an application for himself or herself , the accompanied minor shall be clearly informed of the possibility and procedure for lodging an application in his or her own name at the time of the making of his or her application and given an effective opportunity to do so within the ten working days provided for in article 28 if he or she has the legal capacity to act in procedures according to the national law of the member state concerned . where the minor does not have the legal capacity to act in procedures according to the national law of the member state concerned , the determining authority shall act on behalf of the minor , with due regard to his or her views


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


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


### the concept of first country of asylum should be applied as a ground for inadmissibility where it can reasonably be assumed that another country would grant protection in accordance with the substantive standards of the geneva convention or the applicant would be provided sufficient protection in that country . in particular , the member states should not examine the merits of an application where a first country of asylum has granted the applicant refugee status or otherwise sufficient protection . member states should proceed on that basis only where they are satisfied including , where necessary or appropriate , based on assurances obtained from the third country concerned , that the applicant has enjoyed and will continue to enjoy protection in that country in accordance with the geneva convention or has otherwise enjoyed and will continue to enjoy sufficient protection , particularly as regards the right of legal residence , appropriate access to the labour market , reception facilities , healthcare and education , and the right to family reunification in accordance with international human rights standards . ### member states should retain the possibility to apply the concept of first country of asylum , where it can reasonably be assumed that another country would grant protection under the geneva convention or the applicant would be provided effective protection in that country equivalent to the protection granted to refugees . member states should be entitled to apply the concept where a first country of asylum has granted the applicant refugee status or effective protection . member states should be entitled to proceed on that basis only where they are satisfied including , where necessary or appropriate , based on assurances obtained from the third country concerned , that the applicant has enjoyed and will continue to enjoy protection in that country in accordance with the geneva convention or has otherwise enjoyed and will continue to enjoy effective protection , particularly as regards the right of legal residence , appropriate access to the labour market , reception facilities , healthcare and education , and the right to family reunification in accordance with international human rights standards , with no risk of refoulement to another third country or arbitrary deprivation of liberty .


### the assessment of whether a third country may be designated as a safe country of origin in accordance with this regulation shall be based on a range of sources of information , including in particular information from member states , the european union agency for asylum , the european external action service , the united nations high commissioner for refugees , the council of europe as well as other relevant organisations , and shall take into account the common analysis of the country of origin information referred to in article 10 of regulation no xxx / xxx . ### the assessment of whether a third country may be designated as a safe country of origin in accordance with this regulation shall be based on a range of sources of information , including in particular information from member states , the european union agency for asylum , the european external action service , the union delegations in those countries , the united nations high commissioner for refugees , the council of europe , relevant international organisations and national or international non - governmental organisations , and shall take into account the common analysis of the country of origin information referred to in article 10 of regulation no xxx / xxx .


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


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


### personal interviews shall be conducted by the personnel of the determining authority , which may be assisted by the personnel of authorities of other member states referred to in article 5 or experts deployed by the european union agency for asylum referred to in article 5 . ### personal interviews shall be conducted by the personnel of the determining authority , which may be assisted by experts deployed by the european union agency for asylum referred to in article 5 in case of a disproportionate number of applications after request by the national authority .


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


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


### the commission , with the assistance of the european union agency for asylum , should regularly review the situation in third countries that have been removed from the eu common list of safe countries of origin or safe third countries , including where a member state notifies the commission that it considers , based on a substantiated assessment , that , following changes in the situation of that third country , it fulfils again the conditions set out in this regulation for being designated as safe . in such a case , member states could only designate that third country as a safe country of origin or a safe third country at the national level as long as the commission does not raise objections to that designation . where the commission considers that these conditions are fulfilled , it may propose an amendment to the designation of safe third countries at union level or to the eu common list of safe countries of origin so as to add the third country . ### the commission , with the assistance of the european union agency for asylum , should regularly review the situation in third countries that have been removed from the eu common list of safe countries of origin or safe third countries . where a third country has been removed from the eu common list of safe countries of origin , a member state may notify the commission where it considers that , following changes in the situation of that third country , it once again fulfils the criteria set out in annex 1 to this regulation for being included in the eu common list of safe countries of origin . the commission shall examine any such notification by a member state and if appropriate , submit a proposal to the european parliament and to the council to amend the eu common list of safe countries of origin accordingly . if the commission decides not to submit such a proposal , member states shall not designate that country as a safe country of origin at national level .


### where that adequate support cannot be provided within the framework of the accelerated examination procedure referred to in article 40 or the border procedure referred to in article 41 , in particular where the determining authority considers that the applicant is in need of special procedural guarantees as a result of torture , rape or other serious forms of psychological , physical , sexual violence or gender - based violence , the determining authority shall not apply , or shall cease to apply those procedures to the applicant . ### where that adequate support cannot be provided within the framework of the accelerated examination procedure referred to in article 40 or the border procedure referred to in article 41 , or where the determining authority considers that the applicant is in need of special procedural guarantees as a result with particular attention to victims of torture , rape or other serious forms of psychological , physical , sexual violence or gender - based violence , the determining authority shall not apply , or shall cease to apply those procedures to the applicant .


### medical examinations may be used to determine the age of unaccompanied minors within the framework of the examination of an application where , following statements by the applicant or other relevant indications including a psychosocial assessment , there are doubts as to whether or not the applicant is under the age of 18 . where the result of the medical examination is not conclusive , or includes an age - range below 18 years , member states shall assume that the applicant is a minor . ### where there are doubts as to whether or not an unaccompanied minor is under the age of 18 , following statements by the applicant , available documentary evidence or other relevant indications , member states may order a psychosocial assessment by qualified professionals to determine the age of applicant within the framework of the examination of an application . the age assessment shall not be based solely on the applicant ' s physical appearance or demeanour .


### ' guardian ' means a person or an organisation appointed to assist and represent an unaccompanied minor with a view to safeguarding the best interests of the child and his or her general well - being in procedures provided for in this regulation and exercising legal capacity for the minor where necessary ; ### ' guardian ' means a person or an organisation appointed to assist and represent an unaccompanied minor with a view to safeguarding the best interests of the child and his or her general well - being in procedures provided for in this regulation and exercising legal capacity for the minor where necessary , where an organization is appointed as a representative , it shall designate a person responsible for carrying out the duties of representative in respect of the unaccompanied minor , in accordance with directive 2013 / 33 .


### the assessment of whether a third country may be designated as a safe third country in accordance with this regulation shall be based on a range of sources of information , including in particular information from member states , the european union agency for asylum , the european external action service , the united nations high commissioner for refugees , the council of europe and other relevant organisations . ### the assessment of whether a third country may be designated as a safe third country in accordance with this regulation shall be based on a range of sources of information , including in particular information from member states , the european union agency for asylum , the european external action service , the united nations high commissioner for refugees , the council of europe and other relevant international organisations , and national or international non - governmental organisations .


### a third country may be considered as a safe country of origin for the applicant within the meaning of this regulation ; ### a third country may be considered as a safe country of origin for the applicant within the meaning of this regulation , provided that adequate support for the purpose of article 19 can be provided within the framework of such a procedure ;


### where the adult responsible for the accompanied minor does not make an application for himself or herself , the accompanied minor shall be clearly informed of the possibility and procedure for lodging an application in his or her own name at the time of the making of his or her application . ### where the adult responsible for the accompanied minor does not make an application for himself or herself , the responsible authorities shall clearly inform the accompanied minor of the procedure for lodging an application in his or her own name at the time of the making of his or her application .


### where an applicant does not lodge an application on behalf of his or her dependent adult as referred to in paragraph 1 within the ten working days referred to in article 28 , the determining authority shall lodge an application on behalf of that dependent adult if , on the basis of an individual assessment of his or her personal situation , it is of the opinion that the dependent adult may need international protection . ### where an applicant does not lodge an application on behalf of his or her dependent adult as referred to in paragraph 1 within the 15 working days referred to in article 28 , the authority with responsibility under article 5 shall lodge an application on behalf of that dependent adult if , on the basis of an individual assessment of his or her personal situation , it is of the opinion that the dependent adult may need international protection .


### the time - limits provided for in this paragraph shall start to run from the date when the decision of the determining authority is notified to the applicant or from the moment the legal adviser or counsellor is appointed if the applicant has introduced a request for free legal assistance and representation . ### the time - limits provided for in this paragraph shall start to run from the date when the decision of the determining authority is notified to the applicant or beneficiary . following the notification to the applicant or beneficiary , and where the applicant or beneficiary has made a request for legal assistance and representation in accordance with article 14 and / or article 15 , the time - limits shall start to run from the date on which the legal advisor or counsellor is appointed .


### medical examinations may be used to determine the age of unaccompanied minors within the framework of the examination of an application where , following statements by the applicant or other relevant indications including a psychosocial assessment , there are doubts as to whether or not the applicant is under the age of 18 . where the result of the medical examination is not conclusive , or includes an age - range below 18 years , member states shall assume that the applicant is a minor . ### where there are doubts as to whether or not an unaccompanied minor is under the age of 18 , following statements by the applicant , available documentary evidence or other relevant indications , member states may order a psychosocial assessment by qualified professionals to determine the age of the applicant in the framework of the examination of an application . the age assessment shall not be solely based on the applicant ' s physical appearance or demeanour .


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


### the preliminary examination shall be carried out on the basis of written submissions and a personal interview in accordance with the basic principles and guarantees provided for in chapter ii . the personal interview may be dispensed with in those instances where , from the written submissions , it is clear that the application does not give rise to relevant new elements or findings or that it is clearly without substance and has no tangible prospect of success . ### the preliminary examination shall be carried out on the basis of written submissions and a personal interview in accordance with the basic principles and guarantees provided for in chapter ii


### where an application is implicitly withdrawn , the determining authority shall take a decision to reject the application as abandoned or as unfounded where the determining authority has , at the stage that the application is implicitly withdrawn , already found that the applicant does not qualify for international protection pursuant to regulation no xxx / xxx . ### where an application is implicitly withdrawn , the determining authority may take a decision to reject the application as implicitly withdrawn or as unfounded where the determining authority has , at the stage that the application is implicitly withdrawn , already found that the applicant does not qualify for international protection pursuant to regulation no xxx / xxx .


### the applicant has special reception needs within the meaning of article 20 of directive xxx / xxx / eu , or is in need of special procedural guarantees , in particular where he or she is an unaccompanied minor . ### the applicant has specific reception needs within the meaning of article 20 of directive xxx / xxx / eu , or is in need of specific procedural guarantees , in particular where he or she is an unaccompanied minor .


### for a period of five years from entry into force of this regulation , member states may retain or introduce legislation that allows for the national designation of safe third countries or safe countries of origin other than those designated at union level or which are on the eu common list in annex 1 for the purposes of examining applications for international protection . ### for a period of three years from entry into force of this regulation , member states may retain or introduce legislation that allows for the national designation of safe countries of origin other than those designated at union level or which are on the eu common list in annex 1 for the purposes of examining applications for international protection .


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


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


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


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


### in case of sudden changes in the situation of a third country which is designated as a safe third country at union level or which is on the eu common list of safe countries of origin , the commission shall conduct a substantiated assessment of the fulfilment by that country of the conditions set in article 45 or article 47 and , if the commission considers that those conditions are no longer met , it shall adopt a delegated act suspending the designation of a third country as a safe third country at union level or suspending the presence of a third country from the eu common list of safe countries of origin for a period of six months . ### in case of sudden changes in the situation of a third country which is on the eu common list of safe countries of origin , the commission shall conduct a substantiated assessment of the fulfilment by that country of the conditions set in article 47 and , if the commission considers that those conditions are no longer met , it shall adopt a delegated act suspending the presence of a third country from the eu common list of safe countries of origin for a period of six months . as soon as possible and , in any event , before it adopts the delegated act , the commission shall inform the member states accordingly and shall recommend to them that they should not apply the concept of country of safe origin at national level to that third country .


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


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


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


### this regulation applies to persons in respect of whom personal data may be processed in the eu information systems referred to in paragraph 1 . ### this regulation applies to persons in respect of whom personal data may be processed in the eu information systems referred to in paragraph 1 , only for the purposes as defined in the underlying legal basis for those information systems .


### contributing to fighting identity fraud ; ### contributing to combating identity fraud ;


### the sirene bureaux of the member state for hits that occurred when creating a sis alert in accordance with the [ regulations on sis in the field of border checks ] ; ### the sirene bureaux of the member state for hits that occurred when creating or updating a sis alert in accordance with the [ regulations on sis in the field of border checks ] ;


### where the authority responsible for the verification of different identities in the identity confirmation file is the border authority creating or updating an individual file in the ees in accordance with article 14 of the ees regulation , and where a yellow link is obtained , the border authority shall carry out additional verifications as part of a second - line check . during this second - line check , the border authorities shall have access to the related data contained in the relevant identity confirmation file and shall assess the different identities and shall update the link in accordance with articles 31 to 33 and add it to the identity confirmation file without delay . ### where the authority responsible for the verification of different identities in the identity confirmation file is the border authority creating or updating an individual file in the ees in accordance with article 14 of the ees regulation , and where a yellow link is obtained , the border authority shall carry out additional verifications . for that purpose only , the border authorities shall have access to the related identity data contained in the relevant identity confirmation file and shall assess the different identities and shall update the link in accordance with articles 31 to 33 and add it to the identity confirmation file without delay .


### processing of personal data for the purposes of this regulation shall not result in discrimination against persons on any grounds such as sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation . it shall fully respect human dignity and integrity . particular attention shall be paid to children , the elderly and persons with a disability . ### this regulation shall ensure respect of the fundamental rights and the observation of the principles recognized in the charter of fundamental rights of the european union and shall be applied in accordance with those rights and principles . processing of personal data for the purposes of this regulation shall not result , either directly or indirectly , in undue interference with the right to respect for private and family life and the right to protection of personal data . processing of personal data for the purposes of this regulation shall not result in discrimination against persons on any ground such as sex , race , colour , ethnic or social origin , genetic features , language , religion or belief , political or any other opinion , membership of a national minority , property , birth , disability , age or sexual orientation . it shall fully respect human dignity and integrity . particular attention shall be paid to children , the elderly , persons with a disability and persons in need of international protection .


### ‘ europol data’ means personal data provided to europol for the purpose referred to in article 18 of regulation 2016 / 794 ; ### ‘ europol data’ means personal data processed by europol for the purposes referred to in article 18 to of regulation 2016 / 794 ;


### without prejudice to the right of information referred to in articles 11 and 12 of regulation 45 / 2001 and articles 13 and 14 of regulation 2016 / 679 , persons whose data are stored in the shared biometric matching service , the common identity repository or the multiple - identity detector shall be informed by the authority collecting their data , at the time their data are collected , about the processing of personal data for the purposes of this regulation , including about identity and contact details of the respective data controllers , and about the procedures for exercising their rights of access , rectification and erasure , as well as about the contact details of the european data protection supervisor and of the national supervisory authority of the member state responsible for the collection of the data . ### without prejudice to the right to information referred to in articles 11 and 12 of regulation 45 / 2001 , articles 13 and 14 of regulation 2016 / 679 , and article 13 of directive 2016 / 680 , persons whose data are stored in one of the eu information systems , in the sis , or in the multiple - identity detector shall be informed by the authority collecting their data , at the time their data are collected , about the processing of personal data for the purposes of this regulation , including about identity and contact details of the respective data controllers , about the procedures for exercising their rights of access , rectification and erasure as laid down in article 47 , and about the contact details of the european data protection supervisor and of the national supervisory authority of the member state responsible for the collection of the data .


### a central repository for reporting and statistics should be established to generate cross - system statistical data and analytical reporting for policy , operational and data quality purposes . eu - lisa should establish , implement and host the crrs in its technical sites containing anonymous statistical data from the above - mentioned systems , the common identity repository , the multiple - identity detector and the shared biometric matching service . the data contained in the crrs should not enable the identification of individuals . eu - lisa should render the data anonymous and should record such anonymous data in the crrs . the process for rendering the data anonymous should be automated and no direct access by eu - lisa staff should be granted to any personal data stored in the eu information systems or in the interoperability components . ### a central repository for reporting and statistics should be established to generate cross - system statistical data and analytical reporting for policy , operational and data quality purposes in line with the objectives of the underlying systems and inconformity with their respective legal bases . eu - lisa should establish , implement and host the crrs in its technical sites . the crrs should contain only anonymous statistical data from the relevant eu information systems the multiple - identity detector and the shared biometric matching service . the data contained in the crrs should not allow for the identification of individuals . eu - lisa should immediately render the data anonymous and should record only such anonymised data in the crrs . the process for rendering the data anonymous should be automated and no direct access by eu - lisa staff should be granted to any personal data stored in the eu information systems or in the interoperability components .


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


### the multiple - identity detector should create and store links between data in the different eu information systems in order to detect multiple identities , with the dual purpose of facilitating identity checks for bona fide travellers and combating identity fraud . the mid should only contain the links between individuals present in more than one eu information system , strictly limited to the data necessary to verify that a person is recorded lawfully or unlawfully under different biographical identities in different systems , or to clarify that two persons having similar biographical data may not be the same person . data processing through the european search portal and the shared biometric matching service in order to link individual files across individual systems should be kept to an absolute minimum and therefore is limited to a multiple - identity detection at the time new data is added to one of the information systems included in the common identity repository and in the sis . the mid should include safeguards against potential discrimination or unfavourable decisions for persons with multiple lawful identities . ### the multiple - identity detector should create and store links between data in the different eu information systems in order to detect multiple identities , with the dual purpose of facilitating identity checks for bona fide travellers and combating identity fraud . the creation of those links constitutes automated decision - making as referred to in regulation 2016 / 679 and in directive 2016 / 680 and therefore requires transparency towards the individuals affected and the implementation of necessary safeguards in accordance with eu data protection rules . the mid should contain links only between individuals present in more than one eu information system , strictly limited to the data necessary to verify that a person is recorded lawfully or unlawfully under different biographical identities in different systems , or to clarify that two persons having similar biographical data may not be the same person . data processing through the european search portal and the shared biometric matching service in order to link individual files across individual systems should be kept to an absolute minimum and therefore is limited to a multiple - identity detection at the time new data is added to the ees , the vis , [ the etias ] , eurodac or the sis . the mid should include safeguards against potential discrimination or unfavourable decisions for persons with multiple lawful identities .


### the query of the common identity repository by member state designated authorities and europol in order to obtain a hit - flag type of response indicating the data is recorded in the ees , the vis , [ the etias ] or eurodac requires automated processing of personal data . a hit - flag would not reveal personal data of the concerned individual other than an indication that some of his or her data are stored in one of the systems . no adverse decision for the concerned individual should be made by the authorised end - user solely on the basis of the simple occurrence of a hit - flag . access by the end - user of a hit - flag would therefore realise a very limited interference with the right to protection of personal data of the concerned individual , while it would be necessary to allow the designated authority and europol to address its request for access for personal data more effectively directly to the system that was flagged as containing it . ### the query of the eu information systems by member state designated authorities and europol in order to obtain a hit - flag type of response indicating the data is recorded in the ees , the vis , [ the etias ] or eurodac requires automated processing of personal data . a hit - flag should reveal only an indication that some of his or her data are stored in one of the systems , provided the authority making the search has access to that system . no adverse decision for the concerned individual should be made by the authorised end - user solely on the basis of the simple occurrence of a hit - flag , and the hit - flag should be used by the relevant authorities only for the purpose of deciding which database to query . access by the end - user of a hit - flag would therefore constitute an interference with the right to protection of personal data of the concerned individual and therefore should comply with the principles of necessity and proportionality .


### access to the multiple - identity detector by member state authorities and eu bodies having access to at least one eu information system included in the common identity repository or to the sis should be limited to so called red links where the linked data shares the same biometric but different identity data and the authority responsible for the verification of different identities concluded it refers unlawfully to the same person , or where the linked data has similar identity data and the authority responsible for the verification of different identities concluded it refers unlawfully to the same person . where the linked identity data is not similar , a yellow link should be established and a manual verification should take place in order to confirm the link or change its colour accordingly . ### access to the multiple - identity detector by member state authorities and eu bodies having access to at least one of the relevant eu information system should be limited to red links , where the linked data shares the same biometric but different identity data and the authority responsible for the verification of different identities concluded it refers to the same person in an unjustified manner , or where the linked data has different identity data and the authority responsible for the verification of different identities concluded it refers to the same person in an unjustified manner . where the linked identity data are not similar , a yellow link should be established and a manual verification should take place in order to confirm the link or change its colour accordingly .


### the sirene bureaux of the member state creating a [ sis alert in accordance with the regulation on sis in the field of border checks ] ; ### the sirene bureaux of the member state creating or updating a [ sis alert in accordance with the regulation on sis in the field of border checks ] ;


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


### in order to ensure the correct identification of a person , member state authorities competent for preventing and combating irregular migration and competent authorities within the meaning of article 3 of directive 2016 / 680 should be allowed to query the common identity repository with the biometric data of that person taken during an identity check . ### in order to assist in the correct identification of a person , where a travel document or other identity document proves insufficient or is unavailable , member state competent authorities within the meaning of article 3 of directive 2016 / 680 should be allowed to query the european search portal or the shared biometric matching service and the underlying union information systems with the biographical or biometric data of that person taken during an identity check provided always that individual concerned is physically present during such a check .


### the commission shall lay down the procedures to determine the cases where identity data can be considered as identical or similar in implementing acts . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 64 . ### the commission shall lay down the procedures to determine the cases where identity data can be considered as identical or similar in delegated acts . those delegated act shall be adopted in accordance with article 63 . such acts must be designed in a manner that ensures the protection of persons with multiple lawful identities against discrimination .


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


### “ the european data protection supervisor was consulted in accordance with article 28 of regulation no 45 / 2001 and delivered an opinion on … “ ### “the european data protection supervisor was consulted in accordance with article 28 of regulation no 45 / 2001 and delivered an opinion on 16 april 2018 “


### the interoperability components should cover the ees , the vis , the [ etias ] , eurodac , the sis , and the [ ecris - tcn system ] . they should also cover the europol data to the extent of enabling it to be queried simultaneously with these eu information systems . ### the interoperability components should cover the ees , the vis , the [ etias ] , eurodac , the sis , and the [ ecris - tcn system ] . they should also cover the europol data only to the extent of enabling that data to be queried simultaneously with these eu information systems .


### without prejudice to the notification and communication of a personal data breach pursuant to article 33 of regulation 2016 / 679 , article 30 of directive 2016 / 680 , or both , member states shall notify the commission , eu - lisa and the european data protection supervisor of security incidents . in the event of a security incident in relation to the central infrastructure of the interoperability components , eu - lisa shall notify the commission and the european data protection supervisor . ### without prejudice to the notification and communication of a personal data breach pursuant to article 33 of regulation 2016 / 679 , article 30 of directive 2016 / 680 , or both , member states shall notify the commission , eu - lisa , the national supervisory authority and the european data protection supervisor of security incidents . in the event of a security incident in relation to the central infrastructure of the interoperability components , eu - lisa shall notify the commission and the european data protection supervisor .


### right of access , correction and erasure ### right of access , correction and erasure - web service


### the umf standard shall be used in the development of the ees , the [ etias ] , , the european search portal , the cir , the mid and , if appropriate , in the development by eu - lisa or any other eu body of new information exchange models and information systems in the area of justice and home affairs . ### the umf standard shall be used in the development of the ees , the [ etias ] , , the european search portal , the mid and , if appropriate , in the development by eu - lisa or any other eu body of new information exchange models and information systems in the area of justice and home affairs .


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


### in order to ensure uniform conditions for the implementation of this regulation , implementing powers should be conferred on the commission to adopt detailed rules on : automated data quality control mechanisms , procedures and indicators ; development of the umf standard ; procedures for determining cases of similarity of identities ; the operation of the central repository for reporting and statistics ; and cooperation procedure in case of security incidents . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council63 . _________________ 63 regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by the member states of the commission’s exercise of implementing powers . ### in order to ensure uniform conditions for the implementation of this regulation , implementing powers should be conferred on the commission to adopt detailed rules on : automated data quality control mechanisms , procedures and indicators ; development of the umf standard ; and cooperation procedure in case of security incidents . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council63 . _________________ 63 regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by the member states of the commission’s exercise of implementing powers .


### in order to exercise their rights under articles 13 , 14 , 15 and 16 of regulation 45 / 2001 and articles 15 , 16 , 17 and 18 of regulation 2016 / 679 , any person shall have the right to address him or herself to the member state responsible for the manual verification of different identities or of any member state , who shall examine and reply to the request . ### in order to exercise their rights under articles 13 , 14 , 15 and 16 of regulation 45 / 2001 , articles 15 , 16 , 17 and 18 of regulation 2016 / 679 , and articles 14 and 16 of directive 2016 / 680&#160 ; any person shall have the right to address him or herself to the member state responsible for the manual verification of different identities or of any member state , who shall examine and reply to the request .


### 5non - discrimination ### 5fundamental rights and non - discrimination


### the two - step data consultation approach is particularly valuable in cases where the suspect , perpetrator or suspected victim of a terrorist offence or other serious criminal offence is unknown . in those cases the common identity repository should enable identifying the information system that knows the person in one single search . by creating the obligation to use this new law enforcement access approach in these cases , access to the personal data stored in the ees , the vis , [ the etias ] and eurodac should take place without the requirements of a prior search in national databases and the launch of a prior search in the automated fingerprint identification system of other member states under decision 2008 / 615 / jha . the principle of prior search effectively limits the possibility of member state’ authorities to consult systems for justified law enforcement purposes and could thereby result in missed opportunities to uncover necessary information . the requirements of a prior search in national databases and the launch of a prior search in the automated fingerprint identification system of other member states under decision 2008 / 615 / jha should only cease to apply once the alternative safeguard of the two - step approach to law enforcement access through the cir has become operational . ### the two - step data consultation approach is particularly valuable in cases where the suspect , perpetrator or suspected victim of a terrorist offence or other serious criminal offence is unknown . in those cases , using the european search portal or the shared biometric matching service should enable the relevant authority to identify the information system that knows the suspect , perpetrator or suspected victim in one single search , following the necessary checks in national databases and once a query of the automated fingerprint identification system of other member states under decision 2008 / 615 / jha has been launched . by creating the obligation to use this new law enforcement access approach in these cases , access to the personal data stored in the ees , the vis , [ the etias ] and eurodac should take place without the requirements of a prior search in national databases and the launch of a prior search in the automated fingerprint identification system of other member states under decision 2008 / 615 / jha . the principle of prior search in national databases and afis which were designed specifically for preventing , detecting and investigating terrorist offences or other serious criminal offences before searching in other eu information systems which do not have that as their primary purpose helps to ensure the necessity and proportionality for such a search .