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


### end - users shall have the right to terminate their contract without incurring any costs upon notice of changes in the contractual conditions proposed by the provider of publicly available electronic communications services other than number - independent interpersonal communications services , unless the proposed changes are exclusively to the benefit of the end - user or they are strictly necessary to implement legislative or regulatory changes . providers shall notify end - users , at least one month in advance , of any such change , and shall inform them at the same time of their right to terminate their contract without incurring any costs if they do not accept the new conditions . member states shall ensure that notification is made in a clear and comprehensible manner on a durable medium and in a format chosen by the end - user at the time of concluding the contract . ### end - users shall have the right to terminate their contract without incurring any costs upon notice of changes in the contractual conditions proposed by the provider of publicly available electronic communications services , unless the proposed changes are not detrimental for the end - user or they are strictly necessary to implement legislative or regulatory changes . providers shall notify end - users , at least one month in advance , of any such change , and shall inform them at the same time of their right to terminate their contract without incurring any costs if they do not accept the new conditions . member states shall ensure that notification is made in a clear and comprehensible manner on a durable medium and by the same means as the provider ordinarily uses in its communications with consumers .


### before a consumer is bound by a contract or any corresponding offer , providers of publicly available electronic communications services other than number - independent interpersonal communications services , shall provide the information required pursuant to articles 5 and 6 of directive 2011 / 83 / eu , irrespective of the amount of any payment to be made , and the following information in a clear and comprehensible manner : ### before a consumer is bound by a contract or any corresponding offer , providers of publicly available electronic communications services , shall provide free of charge the information required pursuant to articles 5 and 6 of directive 2011 / 83 / eu , irrespective of the amount of any payment to be made at least the following information , where relevant to the services they are providing to a consumer :


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


### in justified cases and to the extent that is necessary , obligations on those undertakings that are subject to general authorisation and that control access to end - users to make their services interoperable ; ### in justified cases and to the extent that is necessary , obligations on those undertakings that are subject to general authorisation and that control access to end - users including services that connect with the publicly switched telephone network by means of an assigned numbering resources or that enable communications with a number or numbers in national or international telephone numbering plan to make their services interoperable including for real time text and video calls ;


### end - users shall have the right to terminate their contract without incurring any costs upon notice of changes in the contractual conditions proposed by the provider of publicly available electronic communications services other than number - independent interpersonal communications services , unless the proposed changes are exclusively to the benefit of the end - user or they are strictly necessary to implement legislative or regulatory changes . providers shall notify end - users , at least one month in advance , of any such change , and shall inform them at the same time of their right to terminate their contract without incurring any costs if they do not accept the new conditions . member states shall ensure that notification is made in a clear and comprehensible manner on a durable medium and in a format chosen by the end - user at the time of concluding the contract . ### end - users shall have the right to terminate their contract without incurring any costs upon receiving notice of changes in the contractual conditions proposed by the provider of publicly available electronic communications services , unless the proposed changes are strictly necessary to implement legislative or regulatory changes . providers shall notify end - users , not less than one month in advance , of any such change , and shall inform them at the same time of their right to terminate their contract without incurring any costs if they do not accept the new conditions . member states shall ensure that notification is made in a clear and comprehensible manner on a durable medium and in a format chosen by the end - user at the time of concluding the contract .


### definitions need to be adjusted so as to conform to the principle of technology neutrality and to keep pace with technological development . technological and market evolution has brought networks to move to internet protocol technology , and enabled end - users to choose between a range of competing voice service providers . therefore , the term ' publicly available telephone service ' , exclusively used in directive 2002 / 22 / ec and widely perceived as referring to traditional analogue telephone services should be replaced by the more current and technological neutral term ' voice communications ' . conditions for the provision of a service should be separated from the actual definitional elements of a voice communications service , i . e . an electronic communications service made available to the public for originating and receiving , directly or indirectly , national or national and international calls through a number or numbers in a national or international telephone numbering plan , whether such a service is based on circuit switching or packet switching technology . it is the nature of such a service that it is bidirectional , enabling both the parties to communicate . a service which does not fulfil all these conditions , such as for example a ‘ click - through’ application on a customer service website , is not such a service . voice communications services also include means of communication specifically intended for disabled end - users using text relay or total conversation services . ### definitions need to be adjusted so as to conform to the principle of technology neutrality and to keep pace with technological development . technological and market evolution has brought networks to move to internet protocol technology , and enabled end - users to choose between a range of competing voice service providers . therefore , the term ' publicly available telephone service ' , exclusively used in directive 2002 / 22 / ec and widely perceived as referring to traditional analogue telephone services should be replaced by the more current and technological neutral term ' conversational communications ' . conditions for the provision of a service should be separated from the actual definitional elements of a conversational communications service , i . e . an electronic communications service made available to the public for originating and receiving , directly or indirectly , national or national and international calls through a number or numbers in a national or international telephone numbering plan , whether such a service is based on circuit switching or packet switching technology . it is the nature of such a service that it is bidirectional , enabling both the parties to communicate . a service which does not fulfil all these conditions , such as for example a ‘ click - through’ application on a customer service website , is not such a service . conversational communications services also include means of communication specifically intended for end - users with disabilities using text or video relay or total conversation services , such as voice , video and real - time text singly or in combination within the same call .


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


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


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


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


### member states shall ensure as far as appropriate that national regulatory authorities take account of the views of end - users , consumers , manufacturers and undertakings that provide electronic communications networks and / or services on issues related to all end - user and consumer rights concerning publicly available electronic communications services , in particular where they have a significant impact on the market . ### member states shall ensure that national regulatory authorities take account of the views of end - users , consumers including , in particular , consumers with disabilities , manufacturers and undertakings that provide electronic communications networks and / or services , as well as their representative organisations , on issues related to all end - user and consumer rights , including equivalent access and choice for end - users with disabilities , concerning publicly available electronic communications services , in particular where they have a significant impact on the market .


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


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


### member states shall ensure that consumers have access to transparent , non - discriminatory , simple , fast , fair and inexpensive out - of - court procedures for their unresolved disputes with undertakings providing publicly available electronic communications services other than number - independent interpersonal communications services , arising under this directive and relating to the contractual conditions and / or performance of contracts concerning the supply of those networks and / or services . member states shall enable the national regulatory authority to act as a dispute settlement entity . such procedures shall comply with the quality requirements set out in chapter ii of directive 2013 / 11 / eu . member states may grant access to such procedures to other end - users , in particular micro and small enterprises . ### member states shall ensure that consumers , including persons with disabilities have access to transparent , non - discriminatory , simple , fast , fair and inexpensive out - of - court procedures for their unresolved disputes with undertakings providing publicly available electronic communications networks and services , arising under this directive and relating to the contractual conditions and / or performance of contracts concerning the supply of those networks and / or services . providers of publicly available electronic communications networks and services shall not refuse consumer ' s request to resolve a dispute with the consumer through an out - of - court dispute resolution on the basis of clear and efficient procedures and guidelines . member states shall enable the national regulatory authority to act as a dispute settlement entity . such procedures shall comply with the quality requirements set out in chapter ii of directive 2013 / 11 / eu . member states may grant access to such procedures to other end - users , in particular micro and small enterprises .


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


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


### in the event that there is a match between data recorded in the central system and those used for search by a member state , the identity information against which a ' hit ' was recorded is provided together with the hit . that information should only be used to assist in confirming the identity of the third country national concerned . this may include the recording of such data in the national criminal record database of the querying member states as an alias of the third country national . ### in the event that there is a match between data recorded in the central system and those used for search by a member state , the identity information against which a ' hit ' was recorded is provided together with the hit . that information should only be used to assist in confirming the identity of the third country national concerned in order to verify that the recorded data is accurately assigned to the correct person to which the hit relates . this may include the recording of such data in the national criminal record database of the querying member states as an alias of the third country national .


### the ecris legal framework , however , does not sufficiently cover the particularities of requests concerning third country nationals . although it is now possible to exchange information on third country nationals through ecris , there is no procedure or mechanism in place to do so efficiently . ### the ecris legal framework , however , does not sufficiently cover the particularities of requests concerning third country nationals . although it is now possible to exchange information on third country nationals through ecris , there is no procedure or mechanism in place to do so efficiently , rapidly and accurately .


### directive 2016 / 680 of the european parliament and of the council26 should apply to the processing of personal data by competent national authorities for the purposes of the prevention , investigation , detection or prosecution of criminal offences or the execution of criminal penalties , including the safeguarding against and the prevention of threats to public security . regulation 2016 / 679 of the european parliament and of the council27 should apply to the processing of personal data by national authorities provided that national provisions transposing directive 2016 / 680 do not apply . coordinated supervision should be ensured in accordance with article 62 of [ the new data protection regulation for union institutions and bodies ] . _________________ 26 directive 27 regulation 2016 / 679 of the european parliament and of the council of 27 april 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data , and repealing directive 95 / 46 / ec . ### directive 2016 / 680 of the european parliament and of the council26 should apply to the processing of personal data by competent national authorities for the purposes of the prevention , investigation , detection or prosecution of criminal offences or the execution of criminal penalties , including the safeguarding against and the prevention of threats to public security . regulation 2016 / 679 of the european parliament and of the council27 should apply to the processing of personal data by national authorities . coordinated supervision should be ensured in accordance with article 62 of [ the new data protection regulation for union institutions and bodies ] . _________________ 26 directive 27 regulation 2016 / 679 of the european parliament and of the council of 27 april 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data , and repealing directive 95 / 46 / ec .


### upon expiry of the retention period referred to in paragraph 1 , the central authority of the convicting member state shall erase the individual data record without delay from the central system , and in any event no later than one month after the expiry of that retention period . ### upon expiry of the retention period referred to in paragraph 1 , the central authority of the convicting member state shall permanently erase the data record without delay from the central system , and in any event no later than one week after the expiry of that retention period .


### rules on the liability of the member states in respect to damage arising from any breach of this regulation should be laid down . ### rules on the liability of the member states in respect to damage arising from any breach of this regulation , including for any intentional erroneous data entries or the use of personal data for other purposes .


### this regulation should therefore lay down rules on creating a centralised system containing personal data at the level of the union , the division of responsibilities between the member state and the organisation responsible for its development and maintenance , as well as any specific data protection provisions needed to supplement the existing data protection arrangements and provide for an adequate overall level of data protection and data security . the fundamental rights of the persons concerned should be protected as well . ### this regulation should therefore lay down rules on creating a centralised system containing and protecting personal data at the level of the union , the division of responsibilities between the member state and the organisation responsible for its development and maintenance , as well as any specific data protection provisions needed to supplement the existing data protection arrangements and provide for an adequate overall level of data protection , data security and the protection of the fundamental rights of the persons concerned .


### surname ; first name ; date of birth ; place of birth ; nationality or nationalities ; gender ; parents ' names ; where applicable previous names , pseudonym and / or alias name ; the code of the convicting member state ; ### surname ; first name ; date of birth ; place of birth ; nationality or nationalities ; gender ; where applicable previous names , pseudonym and / or alias name ; the code of the convicting member state ;


### data quality , including a mechanism and procedures to carry out data quality checks ; ### the technical specifications for data quality , including a mechanism and procedures to carry out data quality checks ;


### upon expiry of the retention period referred to in paragraph 1 , the central authority of the convicting member state shall erase the individual data record without delay from the central system , and in any event no later than one month after the expiry of that retention period . ### upon expiry of the retention period referred to in paragraph 1 , the central authority of the convicting member state shall permanently erase the individual data record without delay from the central system , and in any event no later than one month after the expiry of that retention period .


### if a request is made to a member state other than the convicting member state , the authorities of the member state to which the request has been made shall check the accuracy of the data and the lawfulness of the data processing in the ecris - tcn system within a time limit of one month if that check can be done without consulting the convicting member state . otherwise , the member state other than the convicting member state shall contact the authorities of the convicting member state within 14 days and the convicting member state shall check the accuracy of the data and the lawfulness of the data processing within one month from the contact . ### if a request is made to a member state other than the convicting member state , the authorities of the member state to which the request has been made shall check the accuracy of the data and the lawfulness of the data processing in the ecris - tcn system within a time limit of one month if that check can be done without consulting the convicting member state . otherwise , the member state other than the convicting member state shall contact the authorities of the convicting member state within 14 days and the convicting member state shall check the accuracy of the data and the lawfulness of the data processing within one week from the contact .


### europol [ and the european public prosecutor ' s office ] shall have direct access to the ecris - tcn system for the purpose of fulfilling their statutory tasks . ### [ the european public prosecutor ' s office ] shall have direct access to the ecris - tcn system for the purpose of fulfilling their statutory tasks .


### access to the ecris - tcn system for entering , amending , deleting and consulting the data referred to in article 5 shall be reserved exclusively to duly authorised staff of the central authorities , and to duly authorised staff of the bodies referred to in article 15 for consulting the data . that access shall be limited to the extent needed for the performance of the tasks in accordance with the purpose referred to in paragraph 1 , and proportionate to the objectives pursued . ### access to the ecris - tcn system for entering , amending , deleting and consulting the data referred to in article 5 shall be reserved exclusively to duly authorised staff of the central authorities , and to duly authorised staff of the bodies referred to in article 15 for consulting the data . that access shall be limited to the extent needed for the performance of the tasks in accordance with the purpose referred to in paragraph 1 , and to what is necessary and proportionate to the objectives pursued .


### if a member state other than the member state which entered the data has reason to believe that data recorded in the central system are inaccurate or that data was processed in the central system in contravention of this regulation , it shall contact the central authority of the convicting member state without delay . the convicting member state shall check the accuracy of the data and the lawfulness of its processing within one month . ### if a member state other than the member state which entered the data has reason to believe that data recorded in the central system are inaccurate or that data was processed in the central system in contravention of this regulation , it shall contact the central authority of the convicting member state without delay . the convicting member state shall check the accuracy of the data and the lawfulness of its processing within one week .


### ensure that all authorities with a right of access to the ecris - tcn system create profiles describing the functions and responsibilities of persons who are authorised to enter , amend , delete , consult and search the data and make their profiles available to the national supervisory authorities referred to in article 25 without delay at their request ; ### ensure that all authorities with a right of access to the ecris - tcn system create profiles describing the functions and responsibilities of persons who are authorised to enter , amend , delete , consult and search the data and make their profiles available to the national supervisory authorities referred to in article 25 ;


### ' third country national ' means a national of a country other than a member state regardless of whether the person also holds the nationality of a member state , or a stateless person or a person whose nationality is unknown to the convicting member state ; ### ' third country national ' means a national of a country other than a member state or a stateless person or a person whose nationality is unknown to the convicting member state ;


### each member state shall supply any information requested by the supervisory authorities and shall , in particular , provide them with information on the activities carried out in accordance with articles 12 , 13 and 17 . each member state shall grant the supervisory authorities access to their records pursuant to article 29 and allow them access at all times to all their ecris - tcn system related premises . ### each member state shall supply any information requested by the supervisory authorities and shall , in particular , provide them with information on the activities carried out in accordance with articles 12 , 13 and 17 . each member state shall grant the supervisory authorities access to their records pursuant to articles 23 and 29 and allow them access at all times to all their ecris - tcn system related premises .


### the ecris legal framework , however , does not sufficiently cover the particularities of requests concerning third country nationals . although it is now possible to exchange information on third country nationals through ecris , there is no procedure or mechanism in place to do so efficiently . ### the ecris legal framework , however , does not sufficiently cover the particularities of requests concerning third country nationals . although it is currently possible to exchange information on third country nationals through ecris , there is no procedure or mechanism in place to do so efficiently .


### pursuant to paragraph 22 and 23 of the inter - institutional agreement for better law - making of 13 april 2016 , there is a need to evaluate the funds on the basis of information collected through specific monitoring requirements , while avoiding overregulation and administrative burdens , in particular on member states . these requirements , where appropriate , can include measurable indicators , as a basis for evaluating the effects of the funds on the ground . ### pursuant to paragraph 22 and 23 of the inter - institutional agreement for better law - making of 13 april 2016 , there is a need to evaluate the funds on the basis of information collected through specific monitoring requirements , while avoiding overregulation and administrative burdens , in particular on member states . these requirements , wherever possible , shall include measurable indicators , as a basis for evaluating the effects of the funds on the ground .


### the holder of the goods shall apply for an import licence to the competent authority of the member state of entry . the application shall be accompanied by any supporting documents and information substantiating that the cultural goods in question have been exported from the source country in accordance with its laws and regulations . however , where the export country is a contracting party to the unesco convention on the means of prohibiting and preventing the illicit import , export and transfer of ownership of cultural property signed in paris on 14 november 1970 , the application shall be accompanied by any supporting documents and information substantiating that the cultural goods have been exported from that country in accordance with its laws and regulations . ### the holder of the goods shall apply for an import licence to the competent authority of the member state of entry . the application shall be accompanied by any supporting documents and information substantiating that the cultural goods in question have been exported from the export country in accordance with its laws and regulations .


### ' cultural goods ' means any object which is of importance for archaeology , prehistory , history , literature , art or science and which belongs to the categories listed in the table in annex and meets the minimum age threshold specified therein ; ### ' cultural goods ' means any item which is of importance for archaeology , prehistory , history , literature , art or science and which belongs to the categories listed in the table in annex and meets the minimum age and value threshold specified therein ;


### in order not to impede trade with goods across the external border disproportionately , this regulation should only apply to goods meeting a certain age limit . for that purpose , it seems appropriate to set a 250 year minimum age threshold for all categories of cultural goods . that minimum age threshold will ensure that the measures provided for in this regulation focus on cultural goods most likely to be targeted by looters in conflict areas , without excluding other goods the control of which is necessary for ensuring protection of cultural heritage . ### in order not to impede trade with goods across the external border disproportionately , this regulation should only apply to goods meeting a certain age and value limit . for that purpose , it seems appropriate to set a 250 year minimum age threshold for all categories of cultural goods and a financial threshold for certain categories of cultural goods as stated in the annex . certain categories of cultural goods should not be subject to a financial threshold since they require a reinforced protection due to their higher risk of pillage , loss or destruction . the minimum age threshold will ensure that the measures provided for in this regulation focus on cultural goods most likely to be targeted by looters in conflict areas , without excluding other goods the control of which is necessary for ensuring protection of cultural heritage . the minimum financial threshold for certain categories of cultural goods is the value established for most of the categories contained in the annex of the regulation no 116 / 2009 on the export of cultural goods , which is in line with the objective of the proposal and will minimise the burden on the art market operators .


### in order not to impede trade with goods across the external border disproportionately , this regulation should only apply to goods meeting a certain age limit . for that purpose , it seems appropriate to set a 250 year minimum age threshold for all categories of cultural goods . that minimum age threshold will ensure that the measures provided for in this regulation focus on cultural goods most likely to be targeted by looters in conflict areas , without excluding other goods the control of which is necessary for ensuring protection of cultural heritage . ### in order not to impede trade with goods across the external border disproportionately , this regulation should only apply to goods meeting a certain age limit . for that purpose , it seems appropriate to set a 100 year minimum age threshold for all categories of cultural goods . that minimum age threshold will ensure that the measures provided for in this regulation focus on cultural goods most likely to be targeted by looters in conflict areas , without excluding other goods the control of which is necessary for ensuring protection of cultural heritage .


### the temporary admission , within the meaning of article 250 of regulation no 952 / 2013 , in the customs territory of the union of cultural goods for educational , scientific and academic research purposes ; ### the temporary admission , within the meaning of article 250 of regulation no 952 / 2013 , in the customs territory of the union of cultural goods for educational , scientific restoration , exhibition and academic research purposes ;


### in order not to impede trade with goods across the external border disproportionately , this regulation should only apply to goods meeting a certain age limit . for that purpose , it seems appropriate to set a 250 year minimum age threshold for all categories of cultural goods . that minimum age threshold will ensure that the measures provided for in this regulation focus on cultural goods most likely to be targeted by looters in conflict areas , without excluding other goods the control of which is necessary for ensuring protection of cultural heritage . ### in order not to impede trade in goods across the union’s external borders disproportionately , this regulation should only apply to goods meeting a certain age and value limit . for that purpose , it seems appropriate to set a 100 year minimum age threshold for the most vulnerable categories of cultural goods , in line with the provisions of the 1954 hague convention , the 1970 unesco convention and of the 1995 unidroit convention . that minimum age threshold will ensure that the measures provided for in this regulation focus on cultural goods most likely to be targeted by looters in conflict areas , without excluding other goods the control of which is necessary for ensuring protection of cultural heritage .


### applicants do not have the right to choose the member state of application . an applicant must apply for international protection in the member state either of first entry or , in case of legal presence , in the member state of legal stay or residence . an applicant who has not complied with this obligation is less likely , following a determination of the member state responsible under regulation no xxx / xxx [ dublin regulation ] , to be allowed to stay in the member state where the application was made and consequently more likely to abscond . his or her whereabouts should therefore be closely monitored . ### an applicant who has deliberately not applied for international protection in the member state either of first entry or , in case of legal presence , in the member state of legal stay or residence , is less likely to be allowed to stay in the member state where the application was made .


### an applicant ' s entitlement to material reception conditions under this directive may be curtailed in certain circumstances such as where an applicant has absconded to another member state from the member state where he or she is required to be present . however , member states should in all circumstances ensure access to health care and a dignified standard of living for applicants in line with the charter of fundamental rights of the european union and the united nations convention on the rights of the child , in particular by providing for the applicant ' s subsistence and basic needs both in terms of physical safety and dignity and in terms of interpersonal relationships , with due regard to the inherent vulnerabilities of the person as applicant for international protection and that of his or her family or caretaker . due regard must also be given to applicants with special reception needs . the specific needs of children , in particular with regard to respect for the child ' s right to education and access to healthcare have to be taken into account . when a minor is in a member state other than the one in which he or she is required to be present , member states should provide the minor with access to suitable educational activities pending the transfer to the member state responsible . the specific needs of women applicants who have experienced gender - based harm should be taken into account , including via ensuring access , at different stages of the asylum procedure , to medical care , legal support , and to appropriate trauma counselling and psycho - social care . ### member states should in all circumstances ensure access to health care . the specific needs of children , in particular with regard to respect for the child ' s right to education and access to healthcare have to be taken into account . the specific needs of applicants , in particular women , who have experienced sexual or gender - based violence should be taken into account , including via ensuring access , at different stages of the asylum procedure , to medical care , legal support , and to appropriate trauma counselling and psycho - social care . such applicants should be considered to be persons with special reception needs .


### member states shall as soon as possible and no later than five working days from the moment when an unaccompanied minor makes an application for international protection take measures to ensure that a guardian represents and assists the unaccompanied minor to enable him or her to benefit from the rights and comply with the obligations provided for in this directive . the guardian appointed in accordance with article [ 22 ] of regulation no xxx / xxx [ procedures regulation ] may perform those tasks . the unaccompanied minor shall be informed immediately of the appointment of the guardian . where an organisation is appointed as guardian , it shall designate a person responsible for carrying out the duties of guardian in respect of the unaccompanied minor , in accordance with this directive . the guardian shall perform his or her duties in accordance with the principle of the best interests of the child , as prescribed in article 22 , shall have the necessary expertise to that end and shall not have a verified record of child - related crimes or offences . in order to ensure the minor’s well - being and social development referred to in article 22 , the person acting as guardian shall be changed only when necessary . organisations or individuals whose interests conflict or could potentially conflict with those of the unaccompanied minor shall not be appointed as guardians . ### member states shall as soon as an unaccompanied minor makes an application for international protection take measures to ensure that a guardian represents and assists the unaccompanied minor to enable him or her to benefit from the rights and comply with the obligations provided for in this directive . the guardian appointed in accordance with article [ 22 ] of regulation no xxx / xxx [ procedures regulation ] may perform those tasks . the unaccompanied minor shall be informed immediately of the appointment of the guardian . where an organisation is appointed as guardian , it shall designate a person responsible for carrying out the duties of guardian in respect of the unaccompanied minor , in accordance with this directive . the guardian shall perform his or her duties in accordance with the principle of the best interests of the child , as prescribed in article 22 , shall have the necessary expertise and receive continuous and appropriate training to that end , and shall not have a verified criminal record , with particular regard to any of child - related crimes or offences . after his or her appointment , the guardian ' s criminal record shall be regularly reviewed by the competent authorities to identify potential incompatibilities with his or her role . in order to ensure the minor ' s well - being and social development referred to in article 22 , the person acting as guardian shall be changed only when necessary . organisations or individuals whose interests conflict or could potentially conflict with those of the unaccompanied minor shall not be appointed as guardians .


### where the member state has accelerated the examination on the merits of an application for international protection in accordance with points [ to ] of article [ 40 ] of regulation no xxx / xxx [ procedures regulation ] , access to the labour market shall not be granted . ### where the member state has established that the applicant has no right to international protection , access to the labour market shall not be granted .


### harmonised eu rules on the documents to be issued to applicants make it more difficult for applicants to move in an unauthorised manner within the union . it needs to be clarified that member states should only provide applicants with a travel document when serious humanitarian or other imperative reasons arise . the validity of travel documents should also be limited to the purpose and duration needed for the reason for which they are issued . serious humanitarian reasons could for instance be considered when an applicant needs to travel to another state for medical treatment or to visit relatives in particular cases , such as for visits to close relatives who are seriously ill , or to attend marriages or funerals of close relatives . other imperative reasons could include situations where applicants who have been granted access to the labour market are required to perform essential travel for work purposes , where applicants are required to travel as part of study curricula or where minors are travelling with foster families . ### harmonised eu rules on the documents to be issued to applicants make it more difficult for applicants to move in an unauthorised manner within the union . the validity of travel documents should be limited to the purpose and duration needed for the reason for which they are issued . such a reason could for instance be that an applicant needs to travel to another state for medical treatment or to visit relatives in particular cases , such as for visits to close relatives who are seriously ill , or to attend marriages or funerals of close relatives . other such reasons could include situations where applicants who have been granted access to the labour market are required to perform essential travel for work purposes , where applicants are required to travel as part of study curricula or where minors are travelling with foster families .


### member states should ensure that applicants receive the necessary health care which should include , at least , emergency care and essential treatment of illnesses , including of serious mental disorders . to respond to public health concerns with regard to disease prevention and safeguard the health of individual applicants , applicants ' access to health care should also include preventive medical treatment , such as vaccinations . member states may require medical screening for applicants on public health grounds . the results of medical screening should not influence the assessment of applications for international protection , which should always be carried out objectively , impartially and on an individual basis in line with regulation no xxx / xxx [ procedures regulation ] . ### member states should ensure that applicants receive the necessary health care which should include , at least , maternity medical aid and sexual and reproductive health services , emergency care and essential treatment of illnesses , including of mental disorders . to respond to public health concerns with regard to disease prevention and safeguard the health of individual applicants , applicants ' access to health care should also include preventive medical treatment , such as vaccinations . member states may require medical screening for applicants on public health grounds . the results of medical screening should not influence the assessment of applications for international protection , which should always be carried out objectively , impartially and on an individual basis in line with regulation no xxx / xxx [ procedures regulation ] .


### member states shall as soon as possible and no later than five working days from the moment when an unaccompanied minor makes an application for international protection take measures to ensure that a guardian represents and assists the unaccompanied minor to enable him or her to benefit from the rights and comply with the obligations provided for in this directive . the guardian appointed in accordance with article [ 22 ] of regulation no xxx / xxx [ procedures regulation ] may perform those tasks . the unaccompanied minor shall be informed immediately of the appointment of the guardian . where an organisation is appointed as guardian , it shall designate a person responsible for carrying out the duties of guardian in respect of the unaccompanied minor , in accordance with this directive . the guardian shall perform his or her duties in accordance with the principle of the best interests of the child , as prescribed in article 22 , shall have the necessary expertise to that end and shall not have a verified record of child - related crimes or offences . in order to ensure the minor’s well - being and social development referred to in article 22 , the person acting as guardian shall be changed only when necessary . organisations or individuals whose interests conflict or could potentially conflict with those of the unaccompanied minor shall not be appointed as guardians . ### member states shall as soon as possible and no later than five days from the moment when an unaccompanied minor arrives in the member state take measures to ensure that a guardian represents and assists the unaccompanied minor to enable him or her to benefit from the rights and comply with the obligations provided for in this directive . the guardian appointed in accordance with article [ 22 ] of regulation no xxx / xxx [ procedures regulation ] may perform those tasks . the unaccompanied minor shall be informed immediately of the appointment of the guardian . where an organisation is appointed as guardian , it shall designate a person responsible for carrying out the duties of guardian in respect of the unaccompanied minor , in accordance with this directive . the guardian shall be qualified and perform his or her duties in accordance with the principle of the best interests of the child , as prescribed in article 22 , shall have the necessary expertise to that end and shall not have a verified criminal record , especially with regard to any child - related crimes or offences . in order to ensure the minor’s well - being and social development referred to in article 22 , the person acting as guardian shall be changed only when necessary . appointed guardians ' criminal record shall be regularly reviewed by competent authorities to identify potential incompatibilities with their role . organisations or individuals whose interests conflict or could potentially conflict with those of the unaccompanied minor shall not be appointed as guardians .


### member states may introduce or retain more favourable provisions as regards reception conditions for applicants and their depending close relatives who are present in the same member state , or for humanitarian reasons , insofar as these provisions are compatible with this directive . ### member states may introduce or retain more favourable provisions as regards reception conditions for applicants and their close relatives who are present in the same member state , or for humanitarian reasons , insofar as these provisions are compatible with this directive .


### where there are reasons for considering that there is a risk that an applicant may abscond , member states shall , where necessary , require the applicant to report to the competent authorities , or to appear before them in person , either without delay or at a specified time as frequently as necessary to effectively prevent the applicant from absconding . ### where there are reasons for considering that there is a risk that an applicant may abscond , member states may , where necessary and proportionate and on the basis of a decision of judicial authorities , require the applicant to report to the competent authorities , or to appear before them in person , either without delay or at a specified time as frequently as necessary to effectively prevent the applicant from absconding .


### harmonised eu rules on the documents to be issued to applicants make it more difficult for applicants to move in an unauthorised manner within the union . it needs to be clarified that member states should only provide applicants with a travel document when serious humanitarian or other imperative reasons arise . the validity of travel documents should also be limited to the purpose and duration needed for the reason for which they are issued . serious humanitarian reasons could for instance be considered when an applicant needs to travel to another state for medical treatment or to visit relatives in particular cases , such as for visits to close relatives who are seriously ill , or to attend marriages or funerals of close relatives . other imperative reasons could include situations where applicants who have been granted access to the labour market are required to perform essential travel for work purposes , where applicants are required to travel as part of study curricula or where minors are travelling with foster families . ### harmonised eu rules on the documents to be issued to applicants make it more difficult for applicants to move in an unauthorised manner within the union . the validity of travel documents should be limited to the purpose and duration needed for the reason for which they are issued . such a reason could for instance be that an applicant needs to travel to another state for medical treatment or to visit relatives in particular cases , such as for visits to close relatives who are seriously ill , or to attend marriages or funerals of close relatives . other reasons could include situations where applicants who have been granted access to the labour market are required to perform essential travel for work purposes , where applicants are required to travel as part of study curricula or where minors are travelling with foster families .


### ‘ absconding’ : means the action by which an applicant , in order to avoid asylum procedures , either leaves the territory where he or she is obliged to be present in accordance with regulation no xxx / xxx32 [ dublin regulation ] or does not remain available to the competent authorities or to the court or tribunal ; __________________ 32 oj c [ … ] , [ … ] , p . [ … ] . ### ' absconding ' : means the deliberate action by an applicant to avoid the asylum procedures and not to remain available to the competent authorities or to the court or tribunal ; __________________ 32 oj c [ … ] , [ … ] , p . [ … ] .


### member states shall provide applicants with a travel document only when serious humanitarian or other imperative reasons arise that require their presence in another state . the validity of the travel document shall be limited to the purpose and duration needed for the reason for which it is issued . ### member states shall provide applicants with a travel document without delay , when the presence of the applicant is required in another state , in particular for reasons such as when an applicant needs to travel to another state for medical treatment or to visit relatives in particular cases , such as for visits to close relatives who are seriously ill , or to attend marriages or funerals of close relatives . other such reasons include situations where applicants who have been granted access to the labour market are required to perform essential travel for work purposes , where applicants are required to travel as part of study curricula or where minors are travelling with foster families . the validity of the travel document shall be limited to the purpose and duration needed for the reason for which it is issued .


### member states shall ensure that applicants , irrespective of where they are required to be present in accordance with regulation no xxx / xxx [ dublin regulation ] , receive the necessary health care which shall include , at least , emergency care and essential treatment of illnesses , including of serious mental disorders . ### member states shall ensure that applicants receive the necessary physical and mental health care which shall include , at a minimum , emergency care and essential treatment of illnesses , including of serious mental disorders .


### ‘ risk of absconding’ : means the existence of reasons in an individual case , which are based on objective criteria defined by national law , to believe that an applicant may abscond ; ### ' risk of absconding ' : means the existence of specific reasons in an individual case , which are based on objective and specific criteria defined by national law in accordance with guidelines of the european union agency for asylum , to believe that an applicant may abscond ;


### access to the education system shall not be postponed for more than three months from the date on which the application for international protection was lodged by or on behalf of the minor . ### access to the education system shall not be postponed for more than one month from the moment that the minor made an application for international protection .


### member states shall inform applicants , as soon as possible and at the latest when they are lodging their application for international protection , of any established benefits and of the obligations with which they must comply relating to reception conditions . they shall point out in the information provided that the applicant is not entitled to the reception conditions set out in articles 14 to 17 of this directive as stated in article 17a of the same directive in any member state other than where he or she is required to be present in accordance with regulation no xxx / xxx [ dublin regulation ] . ### member states shall inform applicants , as soon as possible and at the latest when they are lodging their application for international protection , at least of any established benefits and of the obligations with which they must comply relating to reception conditions . they shall also point out to applicants all relevant information concerning the possible replacement , reduction or withdrawal of material reception conditions as set out in article 19 of this directive .


### member states shall ensure that a guardian is not placed in charge of a disproportionate number of unaccompanied minors at the same time that would render him or her unable to perform his or her tasks effectively . member states shall appoint entities or persons responsible for monitoring at regular intervals that guardians perform their tasks in a satisfactory manner . those entities or persons shall also have the competence to review complaints lodged by unaccompanied minors against their guardian . ### member states shall ensure that guardians are placed in charge of an adequate and limited number of unaccompanied minors at the same time to allow them to be able to perform their tasks effectively . member states shall appoint entities or persons responsible for monitoring at regular intervals that guardians perform their tasks in a satisfactory manner . those entities or persons shall also have the competence to review complaints lodged by unaccompanied minors against their guardian . to this end , unaccompanied minors shall be given information , in a child - friendly manner and in a language they understand , about who these entities or persons are and how to report complaints against their guardians in confidence and safety .


### member states shall provide for the possibility of granting applicants temporary permission to leave their place of residence or assigned area . decisions shall be taken objectively and impartially on the merits of the individual case and reasons shall be given if they are negative . ### member states shall provide for the possibility of granting applicants temporary permission to leave their place of residence or assigned area and to reside elsewhere . decisions shall be taken objectively and impartially on the merits of the individual case and reasons shall be given if they are negative .


### when assessing the resources of an applicant , when requiring an applicant to cover or contribute to the cost of the material reception conditions or when asking an applicant for a refund in accordance with paragraph 4 , member states shall observe the principle of proportionality . member states shall also take into account the individual circumstances of the applicant and the need to respect his or her dignity or personal integrity , including the applicant ' s special reception needs . member states shall in all circumstances ensure that the applicant is provided with a standard of living which guarantees his or her subsistence and protects his or her physical and mental health . ### when asking an applicant for a refund in accordance with paragraph 4 , member states shall observe the principle of proportionality and take into account the individual circumstances of the applicant and the need to respect his or her dignity or personal integrity , including the applicant ' s special reception needs . member states shall in all circumstances ensure that the applicant is provided with a standard of living which guarantees his or her subsistence and protects his or her physical and mental health .


### member states shall ensure that applicants have access to the labour market no later than 6 months from the date when the application for international protection was lodged if an administrative decision by the competent authority has not been taken and the delay cannot be attributed to the applicant . ### member states shall ensure that applicants have access to the labour market from the date when the application for international protection was lodged .


### such different conditions shall in any circumstances ensure access to health care in accordance with article 18 and a dignified standard of living for all applicants . ### such different conditions shall in any circumstances ensure access to health care in accordance with article 18 and an adequate standard of living for all applicants .


### the scope of the definition of family member should reflect the reality of current migratory trends , according to which applicants often arrive to the territory of the member states after a prolonged period of time in transit . the definition should therefore include families formed outside the country of origin , but before their arrival on the territory of the member states . ### the scope of the definition of family member should reflect the reality of current migratory trends , according to which applicants often arrive to the territory of the member states after a prolonged period of time in transit . the definition should therefore include families formed outside the country of origin , but before their arrival on the territory of the member states . regarding unmarried couples , the notion should not discriminate based on the gender of the partners .


### for reasons of public interest or public order , for the swift processing and effective monitoring of his or her application for international protection , for the swift processing and effective monitoring of his or her procedure for determining the member state responsible in accordance with regulation no xxx / xxx [ dublin regulation ] or in order to effectively prevent the applicant from absconding , member states should , where necessary , assign the applicant residence in a specific place , such as an accommodation centre , a private house , flat , hotel or other premises adapted for housing applicants . such a decision may be necessary to effectively prevent the applicant from absconding in particular in cases where the applicant has not complied with the obligations to : make an application in the member state of first irregular or legal entry ; to remain in the member state where he or she is required to be present ; or in cases where the applicant has been sent back to the member state where he or she is required to be present after having absconded to another member state . in case the applicant is entitled to material reception conditions , such material reception conditions should also be provided subject to the applicant residing in this specific place . ### for duly justified serious reasons of public interest or public order , member states should be able to assign the applicant residence in a specific place , where necessary , such as an open accommodation centre , a private house , flat , hotel or other premises adapted for housing applicants . in case the applicant is entitled to material reception conditions , such material reception conditions should also be provided to the applicant residing in this specific place .


### harmonised eu rules on the documents to be issued to applicants make it more difficult for applicants to move in an unauthorised manner within the union . it needs to be clarified that member states should only provide applicants with a travel document when serious humanitarian or other imperative reasons arise . the validity of travel documents should also be limited to the purpose and duration needed for the reason for which they are issued . serious humanitarian reasons could for instance be considered when an applicant needs to travel to another state for medical treatment or to visit relatives in particular cases , such as for visits to close relatives who are seriously ill , or to attend marriages or funerals of close relatives . other imperative reasons could include situations where applicants who have been granted access to the labour market are required to perform essential travel for work purposes , where applicants are required to travel as part of study curricula or where minors are travelling with foster families . ### harmonised eu rules on the documents to be issued to applicants make it more difficult for applicants to move in an unauthorised manner within the union . the validity of travel documents should be limited to the purpose and duration needed for the reason for which they are issued . such a reason could for instance be that an applicant needs to travel to another state for medical treatment or to visit relatives in particular cases , such as for visits to close relatives who are seriously ill , or to attend marriages or funerals of close relatives . other such reasons could include situations where applicants who have been granted access to the labour market are required to perform essential travel for work purposes , where applicants are required to travel as part of study curricula or where minors are travelling with foster families .


### - for applicants who have not complied with the obligation to make an application in the first member state of entry as set out in article [ 4 ] of regulation no xxx / xxx [ dublin regulation ] and have travelled to another member state without adequate justification and made an application there ; or ### - for applicants who have deliberately not complied with the obligation to make an application in the first member state of entry as set out in article [ 4 ] of regulation no xxx / xxx [ dublin regulation ] in order to avoid the applicable asylum procedures , and have travelled to another member state without adequate justification and made an application there ; or


### minors shall be detained only as a measure of last resort and after it having been established that other less coercive alternative measures cannot be applied effectively . such detention shall be for the shortest period of time and all efforts shall be made to release the detained minors and place them in accommodation suitable for minors . ### minors shall not be detained ; member states shall instead accommodate minors and families with minors in non - custodial , community - based placements while their immigration status is processed .


### safety and security considerations , in particular where there is a risk of the minor being a victim of human trafficking ; ### safety and security considerations , in particular where there is a risk of the minor being a victim of violence and exploitation , including human trafficking ;


### member states shall grant to minor children of applicants and to applicants who are minors access to the education system under similar conditions as their own nationals for so long as an expulsion measure against them or their parents is not actually enforced . such education may be provided in accommodation centres . ### member states shall grant to minor children of applicants and to applicants who are minors access to the education system under the same conditions as their own nationals for the entire duration of their presence in the territory of the member state . such education may be provided in accommodation centres , as a temporary measure until access to national education systems is ensured .


### ‘ absconding’ : means the action by which an applicant , in order to avoid asylum procedures , either leaves the territory where he or she is obliged to be present in accordance with regulation no xxx / xxx32 [ dublin regulation ] or does not remain available to the competent authorities or to the court or tribunal ; __________________ 32 oj c [ … ] , [ … ] , p . [ … ] . ### ' absconding ' : means the deliberate action by an applicant to avoid the asylum procedures and not to remain available to the competent authorities or to the court or tribunal ; __________________ 32 oj c [ … ] , [ … ] , p . [ … ] .


### member states shall where necessary decide on the residence of an applicant in a specific place for any of the following reasons : ### member states may decide on the residence of an applicant in a specific place for any of the following reasons :


### member states shall ensure that applicants have access to the labour market no later than 6 months from the date when the application for international protection was lodged if an administrative decision by the competent authority has not been taken and the delay cannot be attributed to the applicant . ### member states shall ensure that applicants have access to the labour market no later than two months from the date when the application for international protection was lodged .


### ‘ risk of absconding’ : means the existence of reasons in an individual case , which are based on objective criteria defined by national law , to believe that an applicant may abscond ; ### ' risk of absconding ' : means the existence of specific reasons in an individual case , which are based on objective and specific criteria defined by national law in accordance with guidelines of the european union agency for asylum , to believe that an applicant may abscond ;


### member states shall provide applicants with a travel document only when serious humanitarian or other imperative reasons arise that require their presence in another state . the validity of the travel document shall be limited to the purpose and duration needed for the reason for which it is issued . ### member states shall provide applicants with a travel document without delay , when the presence of the applicant is required in another member state , in particular for reasons such as when an applicant needs to travel to another state for medical treatment or to visit relatives in particular cases , such as for visits to close relatives who are seriously ill , or to attend the marriages or funerals of close relatives . other such reasons include situations where applicants who have been granted access to the labour market are required to perform essential travel for work purposes , where applicants are required to travel as part of study curricula or where minors are travelling with foster families . the validity of the travel document shall be limited to the purpose and duration needed for the reason for which it is issued .


### member states shall ensure that persons who have been subjected to gender - based harm , torture , rape or other serious acts of violence receive the necessary treatment for the damage caused by such acts , in particular access to appropriate medical and psychological treatment or care . ### member states shall ensure that persons who have been subjected to sexual and gender - based violence , other forms of bias - motivated violence , torture , rape or other serious acts of psychological , physical or sexual violence are provided with holistic rehabilitation services for the damage caused by such acts , in particular access to appropriate medical and psychological treatment or care as well as qualified counselling , with the support of a qualified interpreter where needed . access to that support shall be as early as possible after a victim has been identified .


### member states shall provide applicants with a travel document only when serious humanitarian or other imperative reasons arise that require their presence in another state . the validity of the travel document shall be limited to the purpose and duration needed for the reason for which it is issued . ### member states shall provide applicants with a travel document without delay , when the presence of the applicant is required in another state , in particular for reasons such as when an applicant needs to travel to another state for medical treatment or to visit relatives in particular cases , such as for visits to close relatives who are seriously ill , or to attend marriages or funerals of close relatives . other such reasons include situations where applicants who have been granted access to the labour market are required to perform essential travel for work purposes , where applicants are required to travel as part of study curricula or where minors are travelling with foster families . the validity of the travel document shall be limited to the purpose and duration needed for the reason for which it is issued .


### member states shall as soon as possible and no later than five working days from the moment when an unaccompanied minor makes an application for international protection take measures to ensure that a guardian represents and assists the unaccompanied minor to enable him or her to benefit from the rights and comply with the obligations provided for in this directive . the guardian appointed in accordance with article [ 22 ] of regulation no xxx / xxx [ procedures regulation ] may perform those tasks . the unaccompanied minor shall be informed immediately of the appointment of the guardian . where an organisation is appointed as guardian , it shall designate a person responsible for carrying out the duties of guardian in respect of the unaccompanied minor , in accordance with this directive . the guardian shall perform his or her duties in accordance with the principle of the best interests of the child , as prescribed in article 22 , shall have the necessary expertise to that end and shall not have a verified record of child - related crimes or offences . in order to ensure the minor’s well - being and social development referred to in article 22 , the person acting as guardian shall be changed only when necessary . organisations or individuals whose interests conflict or could potentially conflict with those of the unaccompanied minor shall not be appointed as guardians . ### member states shall as soon as possible and no later than five days from the moment when an unaccompanied minor makes an application for international protection take measures to ensure that a guardian represents and assists the unaccompanied minor to enable him or her to benefit from the rights and comply with the obligations provided for in this directive . the guardian appointed in accordance with article [ 22 ] of regulation no xxx / xxx [ procedures regulation ] may perform those tasks . the unaccompanied minor shall be informed immediately of the appointment of the guardian . where an organisation is appointed as guardian , it shall designate a person responsible for carrying out the duties of guardian in respect of the unaccompanied minor , in accordance with this directive . the guardian shall perform his or her duties in accordance with the principle of the best interests of the child , as prescribed in article 22 , shall have the necessary qualifications and expertise to that end and shall not have a verified record of child - related crimes or offences . in order to ensure the minor’s well - being and social development referred to in article 22 , the person acting as guardian shall be changed only when necessary . organisations or individuals whose interests conflict or could potentially conflict with those of the unaccompanied minor shall not be appointed as guardians .


### those working with victims of torture , rape or other serious acts of violence shall have had and shall continue to receive appropriate training concerning their needs , and shall be bound by the confidentiality rules provided for in national law , in relation to any information they obtain in the course of their work . ### those working with victims of gender - based harm , torture , rape or other serious acts of psychological , physical or sexual violence , including health professionals in charge of implementing paragraph 1 , shall have had and shall continue to receive appropriate training concerning their needs , and appropriate rehabilitation methods , and shall be bound by the confidentiality rules provided for in national law , in relation to any information they obtain in the course of their work .


### member states shall inform applicants , as soon as possible and at the latest when they are lodging their application for international protection , of any established benefits and of the obligations with which they must comply relating to reception conditions . they shall point out in the information provided that the applicant is not entitled to the reception conditions set out in articles 14 to 17 of this directive as stated in article 17a of the same directive in any member state other than where he or she is required to be present in accordance with regulation no xxx / xxx [ dublin regulation ] . ### member states shall inform applicants , as soon as possible and at the latest when they are lodging their application for international protection , at least of any established benefits and of the obligations with which they must comply relating to reception conditions . they shall also point out to applicants all relevant information concerning the possible replacement , reduction or withdrawal of material reception conditions as set out in article 19 of this directive .


### member states shall ensure that a guardian is not placed in charge of a disproportionate number of unaccompanied minors at the same time that would render him or her unable to perform his or her tasks effectively . member states shall appoint entities or persons responsible for monitoring at regular intervals that guardians perform their tasks in a satisfactory manner . those entities or persons shall also have the competence to review complaints lodged by unaccompanied minors against their guardian . ### member states shall ensure that guardians are placed in charge of an adequate and limited number of unaccompanied minors at the same time to allow them to be able to perform their tasks effectively . member states shall appoint entities or persons responsible for monitoring at regular intervals that guardians perform their tasks in a satisfactory manner . those entities or persons shall also have the competence to review complaints lodged by unaccompanied minors against their guardian . to this end , unaccompanied minors shall be given information , in a child - friendly manner and in a language they understand , about who these entities or persons are and how to report complaints against their guardians in confidence and safety .


### member states shall inform applicants , as soon as possible and at the latest when they are lodging their application for international protection , of any established benefits and of the obligations with which they must comply relating to reception conditions . they shall point out in the information provided that the applicant is not entitled to the reception conditions set out in articles 14 to 17 of this directive as stated in article 17a of the same directive in any member state other than where he or she is required to be present in accordance with regulation no xxx / xxx [ dublin regulation ] . ### member states shall inform applicants , at the time when the person concerned expresses the intention to apply for international protection and at the latest when they lodge their application for international protection , of any established benefits and of the obligations with which they must comply relating to reception conditions .


### ‘ applicant with special reception needs’ : means an applicant who is in need of special guarantees in order to benefit from the rights and comply with the obligations provided for in this directive , such as applicants who are minors , unaccompanied minors , disabled people , elderly people , pregnant women , single parents with minor children , victims of human trafficking , persons with serious illnesses , persons with mental disorders and persons who have been subjected to torture , rape or other serious forms of psychological , physical or sexual violence , such as victims of female genital mutilation . ### ‘ applicant with special reception needs’ : means an applicant who is in need of special guarantees in order to benefit from the rights and comply with the obligations provided for in this directive , such as applicants who are minors , unaccompanied minors , disabled people , elderly people , pregnant women , single parents with minor children , victims of human trafficking , persons with serious illnesses , persons with mental disorders and with mental health issues and persons who have been subjected to torture , rape or other serious forms of psychological , physical or sexual violence , such as victims of female genital mutilation .


### ‘ risk of absconding’ : means the existence of reasons in an individual case , which are based on objective criteria defined by national law , to believe that an applicant may abscond ; ### ' risk of absconding ' : means the existence of specific reasons in an individual case , which are based on objective and specific criteria in accordance with guidelines of the european union agency for asylum and with national law , to believe that an applicant may abscond , not including criteria such as merely being an applicant within the meaning of regulation . . . / . . . [ procedures regulation ] , or one ' s nationality , which are of a general nature ;


### when assessing the resources of an applicant , when requiring an applicant to cover or contribute to the cost of the material reception conditions or when asking an applicant for a refund in accordance with paragraph 4 , member states shall observe the principle of proportionality . member states shall also take into account the individual circumstances of the applicant and the need to respect his or her dignity or personal integrity , including the applicant ' s special reception needs . member states shall in all circumstances ensure that the applicant is provided with a standard of living which guarantees his or her subsistence and protects his or her physical and mental health . ### when assessing the resources of an applicant , when requiring an applicant to cover or contribute to the cost of the material reception conditions or when asking an applicant for a refund in accordance with paragraph 4 , member states shall fully respect the principle of proportionality . member states shall also take into account the individual circumstances of the applicant and the need to respect his or her dignity or personal integrity , including the applicant ' s special reception needs . member states shall in all circumstances ensure that the applicant is provided with a standard of living which guarantees his or her subsistence and protects his or her physical and mental health .


### that assessment shall be initiated as early as possible after an application for international protection is made and may be integrated into existing national procedures or into the assessment referred to in article [ 19 ] of regulation no xxx / xxx [ procedures regulation ] . member states shall ensure that those special reception needs are also addressed , in accordance with this directive , if they become apparent at a later stage in the asylum procedure . ### that assessment shall be initiated as early as possible , and no later than 30 days , after an application for international protection is made and may be integrated into existing national procedures or into the assessment referred to in article [ 19 ] of regulation no xxx / xxx [ procedures regulation ] . member states shall ensure that those special reception needs are also addressed , in accordance with this directive , if they become apparent at a later stage in the asylum procedure .


### member states shall ensure that persons who have been subjected to gender - based harm , torture , rape or other serious acts of violence receive the necessary treatment for the damage caused by such acts , in particular access to appropriate medical and psychological treatment or care . ### member states shall ensure that persons who have been subjected to sexual and gender - based violence , other forms of bias - motivated violence , torture , rape or other serious acts of violence receive the necessary treatment for the damage caused by such acts , in particular access to appropriate medical and psychological treatment or care .


### member states shall take appropriate measures to ensure that authorities and other organisations implementing this directive have received the necessary training with respect to the needs of both male and female applicants . to that end , member states shall integrate the european asylum curriculum developed by the european union agency for asylum into the training of their personnel in accordance with regulation no xxx / xxx [ regulation on the european union agency for asylum ] . ### member states shall take appropriate measures to ensure that authorities and other organisations implementing this directive have received the necessary training with respect to the needs of both male and female applicants , as well as children . to that end , member states shall integrate the european asylum curriculum developed by the european union agency for asylum into the training of their personnel in accordance with regulation no xxx / xxx [ regulation on the european union agency for asylum ] and take into consideration the information material published by the european asylum support office , such as the easo tool for identification of persons with special needs .


### those working with minors , including with unaccompanied minors , shall not have a verified record of child - related crimes or offenses and shall receive continuous and appropriate training concerning the rights and needs of unaccompanied minors , including concerning any applicable child safeguarding standards , and shall be bound by the confidentiality rules provided for in national law , in relation to any information they obtain in the course of their work . ### those working with minors , including with unaccompanied minors , shall not have a verified criminal record , especially with regard to any child - related crimes or offenses and shall receive continuous and appropriate training concerning the rights and needs of unaccompanied minors , including concerning any applicable child safeguarding standards , and shall be bound by the confidentiality rules provided for in national law , in relation to any information they obtain in the course of their work .