### h. whereas the eu institutions need to take concrete steps to ensure sustainable changes towards a fully inclusive and respectful workplace; whereas discrimination is often multidimensional and only an intersectional approach can pave the way to sustainable changes; ### h. whereas the eu institutions should maximise equality of opportunity and promote meritocracy instead of intersectional approaches derived from marxism;


### 1. emphasises the urgent need for the union to develop a robust and comprehensive agenda for effectively combating racism and discrimination on all grounds and in all areas in the eu; insists that the union and its institutions must lead by example in the fight against structural and institutional racism and anti-discrimination; ### 1. emphasises the urgent need for the union to focus on its core objective of facilitating free trade , and recognizes that developing a robust and comprehensive agenda for effectively combating racism and discrimination on all grounds and in all areas in the eu and insisting that the union and its institutions must lead by example in the fight against structural and institutional racism and anti-discrimination would be a distraction;


### 1. emphasises the urgent need for the union to develop a robust and comprehensive agenda for effectively combating racism and discrimination on all grounds and in all areas in the eu; insists that the union and its institutions must lead by example in the fight against structural and institutional racism and anti-discrimination; ### 1. emphasises the urgent need for the union to develop a robust and comprehensive agenda for effectively combating racism and discrimination on all grounds and in all areas in the eu; insists that the union and its institutions must lead by example in the fight against all forms of racism and anti-discrimination;


### 2. calls on the commission to assess the implementation of the current eu legal framework for combating discrimination , racism , xenophobia and other types of intolerance in order to determine how to improve it where needed , and to take part in a regular dialogue and exchange of best practices with member states and stakeholders; ### 2. calls on the commission to critically assess the implementation of the current eu legal framework for combating discrimination , racism , xenophobia and other types of intolerance;


### 2. calls on the commission to assess the implementation of the current eu legal framework for combating discrimination , racism , xenophobia and other types of intolerance in order to determine how to improve it where needed , and to take part in a regular dialogue and exchange of best practices with member states and stakeholders; ### 2. calls on the commission to assess the implementation of the current eu legal framework for combating discrimination , racism and xenophobia in order to determine how to improve it where needed , and to encourage an exchange of best practices between member states and stakeholders;


### 3. calls on the council to set up a council gender equality and equality group in order to allow high-level discussions on these issues in a regular and permanent forum; ### deleted


### 3. calls on the council to set up a council gender equality and equality group in order to allow high-level discussions on these issues in a regular and permanent forum; ### 3. reminds that the member states remain in the best position to tackle racism and discrimination;


### 4. calls on the member states to ensure the full implementation of the racial equality directive; condemns the fact that racial , ethnic , linguistic and religious minorities face structural racism , discrimination , hate crime and hate speech , a lack of access to justice , and sustained socioeconomic inequalities in areas such as housing , healthcare , employment and education , which need to be acknowledged as major barriers to full enjoyment of fundamental rights and key barriers to inclusion and equality; ### 4. calls on the member states to ensure the full implementation of the racial equality directive; strongly condemns racism , discrimination , hate crime and hate speech and supports efforts to ensure the protection of fundamental rights , including in areas of housing , healthcare , employment and education;


### 6. demands that the member states end racial or ethnic profiling in all forms , encompassing artificial intelligence (ai) tools and including in criminal law enforcement , counter-terrorism measures and immigration controls , and to officially recognise and combat practices of unlawful discrimination and violence through anti-racism and anti-bias training for the authorities; ### 6. notes the potential benefits of profiling for law enforcement , counterterrorism operations and immigration controls;


### 6. demands that the member states end racial or ethnic profiling in all forms , encompassing artificial intelligence (ai) tools and including in criminal law enforcement , counter-terrorism measures and immigration controls , and to officially recognise and combat practices of unlawful discrimination and violence through anti-racism and anti-bias training for the authorities; ### 6. stresses the dangers of solely profiling persons based on their racial or ethnic background and recommends situational prevention-based approaches in counter-terrorism , criminal law enforcement and immigration controls; supports anti-racism and anti-bias training for authorities when needed or required , however , underlines that racism , discrimination and bias may exist amongst all levels of society and are not just limited to authorities;


### 7. calls on the member states to monitor racial bias , including in ai datasets , in criminal justice , education systems and social services , and to take proactive steps to ensure equal justice in order to improve relations between authorities and minority communities; calls , furthermore , for the creation of independent complaint mechanisms for all administrative , judiciary and executive branches of the state , in particular law enforcement; ### 7. welcomes initiatives by member states taking proactive steps to improve relations between authorities and all communities;


### 7. calls on the member states to monitor racial bias , including in ai datasets , in criminal justice , education systems and social services , and to take proactive steps to ensure equal justice in order to improve relations between authorities and minority communities; calls , furthermore , for the creation of independent complaint mechanisms for all administrative , judiciary and executive branches of the state , in particular law enforcement; ### 7. calls on the member states to monitor racial bias , including in ai datasets , in criminal justice , education systems and social services , and to take proactive steps to ensure equal justice in order to improve relations between authorities and minority communities; supports independent complaint mechanisms for administrative , judiciary and executive branches of the state , including law enforcement;


### 8. urges the eu institutions to address intersectional forms of discrimination in eu anti-discrimination legislation and policies and to promote an eu framework on intersectional discrimination with cross-cutting objectives and measures; ### 8. urges the eu institutions to not address intersectional forms of discrimination in anti-discrimination legislation and policies and to not promote a framework on intersectional discrimination with cross-cutting objectives and measures because intersectionality is a form of left-wing identity politics and cultural marxism which determines one's level of oppression by the number of oppressed groups a person falls into , and/or where that group falls on the oppression hierarchy;


### 8. urges the eu institutions to address intersectional forms of discrimination in eu anti-discrimination legislation and policies and to promote an eu framework on intersectional discrimination with cross-cutting objectives and measures; ### 8. urges the eu institutions to address intersectional forms of discrimination in eu anti-discrimination legislation and policies and to promote a framework , in close cooperation with the member states , on intersectional discrimination with cross-cutting objectives and measures;


### 9. emphasises the need to ensure meaningful participation of all groups affected by intersectional discrimination in policymaking at eu , national and local levels , especially racialised groups; ### 9. emphasises the need to ensure meaningful participation of all groups affected by intersectional discrimination in policymaking at eu , national and local levels , including minority groups;


### 9. emphasises the need to ensure meaningful participation of all groups affected by intersectional discrimination in policymaking at eu , national and local levels , especially racialised groups; ### 9. emphasises the need to respect the rule of law , the legislative process as laid out in the treaties and the principles of conferral , proportionality and subsidiarity;


### 11. calls on all member states to adopt national action plans against racism and discrimination by the end of 2022 , as provided for in the eu anti-racism action plan; highlights the need to continue this eu action plan beyond 2025 and encourages the commission to begin this work before the end of its current mandate; ### 11. notes that all member states can adopt national action plans against racism and discrimination if they deem such plans to be beneficial or necessary;


### 13. calls on the commission to adopt concrete legislative measures to strengthen the role and independence of equality bodies in member states; ### 13. calls on the commission to respect the principles of conferral , proportionality and subsidiarity and not interfere in member states social or cultural policies;


### 13. calls on the commission to adopt concrete legislative measures to strengthen the role and independence of equality bodies in member states; ### 13. encourages the strengthening of the role and independence of equality bodies , if issues of independence have been reported;


### 14. calls for structural and institutionalised racism , discrimination and the underrepresentation of minorities within the structures of the european institutions to be addressed and for the adoption of a workforce diversity and inclusion strategy; ### 14. calls for all forms of racism and discrimination and the underrepresentation of minorities within the structures of the european institutions to be addressed and encourages the adoption of a workforce diversity and inclusion strategy; stresses that a person should be hired based on their merit , qualifications and capacities;


### 14. calls for structural and institutionalised racism , discrimination and the underrepresentation of minorities within the structures of the european institutions to be addressed and for the adoption of a workforce diversity and inclusion strategy; ### 14. calls for the adoption of a workforce strategy emphasizing equality of opportunity whereby employment and promotion is purely merit based;


### 15. welcomes the commission’s appointment of the first anti-racism coordinator in 2021 and the continuous re-appointment since 2015 of the coordinator on combating anti-semitism and fostering jewish life; but deplores that the position of anti-muslim hatred coordinator has been left vacant since july 2021; ### 15. notes the commission’s appointment of the first anti-racism coordinator in 2021 and the continuous re-appointment since 2015 of the coordinator on combating anti-semitism and fostering jewish life;


### 15. welcomes the commission’s appointment of the first anti-racism coordinator in 2021 and the continuous re-appointment since 2015 of the coordinator on combating anti-semitism and fostering jewish life; but deplores that the position of anti-muslim hatred coordinator has been left vacant since july 2021; ### 15. welcomes the commission’s appointment of the first anti-racism coordinator in 2021 and the continuous re-appointment since 2015 of the coordinator on combating anti-semitism and fostering jewish life; calls for the position of anti-muslim hatred coordinator to be filled as soon as possible , given that it has been left vacant since july 2021;


### 16. underlines the need for a monitoring and accountability mechanism to ensure the effective application of eu anti-racism legislation and policy; ### 16. underlines the need for additional monitoring and accountability mechanisms to ensure the eu respects its own treaties , rules and regulations , especially with regard to the division of competences between the eu and member states;


### 16. underlines the need for a monitoring and accountability mechanism to ensure the effective application of eu anti-racism legislation and policy; ### 16. encourages the need for a monitoring and accountability mechanism to ensure the effective application of eu anti-racism legislation and policy;


### 6. regrets that the eppo’s full independence has been put into question by some member states governments’ interferences with their european delegated prosecutors appointment procedure; ### 6. notes that the eppo’s existence has generated constitutional issues in some member states regarding the european delegated prosecutors' appointment procedure;


### 7. notes that the eppo’s caseload has been significantly underestimated; stresses the importance to adapt human and financial resources to the growing workload and to increase the eppo's budget accordingly. ### deleted


### 51. underlines the importance of engaging in productive dialogue with the non-participating member states; notes that , in 2021 , the eppo opened 48 investigations involving non-participating member states; observes that cooperation , grounded on the relevant union acts on judicial cooperation in criminal matters , works smoothly with denmark , hungary and sweden , even if at a different pace than with the participating countries; shares the concern expressed by the chief european prosecutor on the lack of cooperation from ireland and poland in the eppo investigations which require gathering evidence from these two non-participating member states; ### 51. underlines the importance of engaging in productive dialogue with the non-participating member states; notes that , in 2021 , the eppo opened 48 investigations involving non-participating member states;


### 3. evaluations may cover all aspects of the schengen acquis and take into account the functioning of the authorities that apply the schengen acquis. ### 3. evaluations shall cover only those aspects that are strictly related to the schengen acquis and may take into account the functioning of the authorities that apply the schengen acquis.


### 2. the commission shall be responsible for the establishment of the annual and multiannual evaluation programmes , the drafting of questionnaires , the setting of schedules of visits , the conducting of visits and the drafting of evaluation reports and recommendations. it shall also ensure the follow-up and monitoring activities. ### 2. the commission shall have an overall coordination role in relation to establishing annual and multiannual evaluation programmes , drafting questionnaires and setting schedules of visits , conducting visits and drafting evaluation reports and recommendations. it shall also ensure the follow-up and monitoring activities.


### 2. the commission may organise unannounced evaluations , in particular: ### 2. the commission may organise unannounced evaluations


### when it becomes aware of emerging or systemic problems that could potentially have a significant negative impact on the functioning of the schengen area; ### deleted


### when it has grounds to consider that a member state is seriously neglecting its obligations under the schengen acquis including allegations of serious fundamental rights violations at the external borders. ### deleted


### 1. the commission shall use the results of relevant mechanisms and instruments , including evaluation and monitoring activities of union bodies , offices and agencies which are involved in the implementation of the schengen acquis and of the european union agency for fundamental rights as well as of independent national monitoring mechanisms and bodies and other national quality control mechanisms in preparing the evaluation and monitoring activities , to improve awareness on the functioning of the schengen area and to avoid the duplication of efforts and conflicting measures. ### 1. the commission may use the results of relevant mechanisms and instruments , including evaluation and monitoring activities of union bodies , offices and agencies which are involved in the implementation of the schengen acquis and of the european union agency for fundamental rights as well as of independent national monitoring mechanisms and bodies and other national quality control mechanisms in preparing the evaluation and monitoring activities , to improve awareness on the functioning of the schengen area and to avoid the duplication of efforts and conflicting measures.


### in the programming and implementation of the evaluations and monitoring activities , the commission shall take into account information provided by third parties , including independent authorities , non-governmental organisations and international organisations. ### in the programming and implementation of the evaluations and monitoring activities , the commission may take into account information provided by third parties , including independent authorities , non-governmental organisations and international organisations.


### in each multiannual evaluation cycle , each member state shall undergo one periodic evaluation and at least one unannounced evaluation or thematic evaluation. ### in each multiannual evaluation cycle , each member state shall undergo one periodic evaluation and at least one thematic evaluation.


### at least one thematic evaluation. ### deleted


### 2. for training purposes , each team carrying out periodic evaluations may include an ‘observer’ either from a member state or the commission. ### deleted


### 1. the commission shall define the number of member state experts and commission representatives participating in a team based on the particularities and needs of the evaluation or monitoring activity. the commission shall select experts from the pool of experts to become members of a team. ### 1. the commission shall define the number of member state experts and commission representatives participating in a team based on the particularities and needs of the evaluation or monitoring activity. the commission shall select experts from the pool of experts to become members of a team. the total number of the team members shall be no more than 12 and the number of the experts from the commission together with the observers from union bodies and agencies shall not exceed the number of the experts from the member states


### 6. if a member state wishes to designate an observer for training purposes referred to in article 16(3) , it shall communicate that to the commission at least six weeks before the evaluation is scheduled to commence. ### deleted


### 4. unannounced visits shall take place without prior notification to the member state concerned. by way of exception , the commission may notify the member state concerned at least 24 hours before such visit is to take place when the main purpose of the unannounced visit is a random verification of the implementation of the schengen acquis. ### 4. unannounced visits shall take place without prior notification to the member state concerned. the commission shall notify the member state concerned at least 24 hours before such visit is to take place when the main purpose of the unannounced visit is a random verification of the implementation of the schengen acquis.


### compliant but improvement necessary; ### improvement necessary;


### 6. the commission shall transmit the draft evaluation report to the evaluated member state within four weeks of the end of the evaluation activity. the evaluated member state shall provide its comments on the draft evaluation report within two weeks of its receipt. a drafting meeting shall be held at the request of the evaluated member state , no later than five working days from the receipt of the comments from the evaluated member state. the comments of the evaluated member state may be reflected in the draft evaluation report. ### 6. the commission shall transmit the draft evaluation report to the evaluated member state within four weeks of the end of the evaluation activity. the evaluated member state shall provide its comments on the draft evaluation report within two weeks of its receipt. a drafting meeting shall be held at the request of the evaluated member state , no later than ten working days from the receipt of the comments from the evaluated member state. the comments of the evaluated member state shall be reflected in the draft evaluation report.


### the commission shall inform the european parliament and the council at least twice a year about the state of implementation of the action plans. the commission shall in particular provide information about its observations on the adequacy of the action plans referred to in paragraph 2 , the outcome of revisits and verification visits and whether it observes considerable lack of progress in the implementation of an action plan. ### the commission shall inform the european parliament and the council on an ongoing basis about the state of implementation of the action plans. the commission shall in particular provide information about its observations on the adequacy of the action plans referred to in paragraph 2 , the outcome of revisits and verification visits and whether it observes considerable lack of progress in the implementation of an action plan.


### 3. the evaluation report drafted in accordance with article 21(2) , (3) and (4) shall focus on the findings that lead to the determination of a serious deficiency. it shall not contain recommendations. the commission shall transmit the draft evaluation report to the evaluated member state within two weeks of the end of the evaluation activity. ### 3. the evaluation report drafted in accordance with article 21(2) , (3) and (4) shall include the findings that lead to the determination of a serious deficiency. it shall not contain recommendations. the commission shall transmit the draft evaluation report to the evaluated member state within two weeks of the end of the evaluation activity.


### the council may set time limits for the implementation of specific recommendations. ### deleted


### (1) the union has set itself the objective of offering its citizens a common area of freedom , security and justice without internal frontiers , in which the free movement of persons is ensured. at the same time , the union has to ensure that that common area remains a safe place. that objective can only be achieved by means of appropriate measures to prevent and combat crime , including organised crime and terrorism. ### (1) the union has set itself the objective of offering its citizens a common area of freedom , security and justice without internal frontiers , in which the free movement of persons is ensured. at the same time , the union has to ensure that that common area remains a safe place. that objective can only be achieved by a more effective , coordinated cooperation of the international law enforcement authorities and by means of appropriate measures to prevent and combat crime , including organised crime and terrorism.


### (4) the existing legal frameworks at union level do not set out how the entities participating in jits exchange information and communicate. those entities reach an agreement on such exchange and communication on the basis of the needs and available means. however , there is a lack of dedicated secure and effective channel to which all participants could have recourse and through which they could promptly exchange large volumes of information and evidence or allow for secure and effective communication. furthermore , there is no system that would support daily management of jits , including the traceability of evidence exchanged among the participants. ### (4) the existing legal frameworks at union level do not set out how the entities participating in jits exchange information and communicate. those entities reach an agreement on such exchange and communication on the basis of the needs and available means. however , today there is no system supporting the daily management of jits and allowing for more efficient evidence searching , recording and secure the data exchanged between the participants. there is an evident lack of dedicated secure and effective channel to which all participants could have recourse and through which they could promptly exchange large volumes of information and evidence or allow for secure and effective communication. furthermore , there is no system that would support daily management of jits , including the traceability of evidence exchanged among the participants.


### (6) the speed and efficiency of the exchanges between the entities participating in jits could be considerably enhanced by creating a dedicated it platform to support their functioning. therefore it is necessary to lay down rules establishing a centralised it platform (‘jits collaboration platform’) at union level to help jits collaborate , securely communicate and share information and evidence. ### (6) the jits’ cooperation has to be step up and supported by modern it tools. the speed and efficiency of the exchanges between the entities participating in jits could be considerably enhanced by creating a dedicated it platform to support their functioning. therefore it is necessary to lay down rules establishing a centralised it platform (‘jits collaboration platform’) at union level to help jits collaborate , securely communicate and share information and evidence.


### (8) the use of the jits collaboration platform should be on a voluntary basis. however , in view of its added value for cross-border investigations its use is strongly encouraged. the use or non-use of the jits collaboration platform should not prejudice or affect the legality of other forms of communication or exchange of information and should not change the way the jits are set up , organised or function. the establishment of the jits collaboration platform should not impact the underlying legal bases for jits nor the applicable national procedural legislation regarding the collection and use of the obtained evidence. the platform should only provide a secure it tool to improve the cooperation and the effectiveness of the jits. ### (8) the use of the jits collaboration platform should be on a voluntary basis. however , in view of its added value for cross-border investigations its use is strongly encouraged. the use or non-use of the jits collaboration platform should not prejudice or affect the legality of other forms of communication or exchange of information and should not change the way the jits are set up , organised or function. the establishment of the jits collaboration platform should not impact the underlying legal bases for jits nor the applicable national procedural legislation regarding the collection and use of the obtained evidence. the platform should provide a secure it tool to improve the cooperation , accelerate the flow of information between its users and increase the security of the data exchanged and the effectiveness of the jits.


### (11) the jit agreement should be a prerequisite for the use of the jits collaboration platform. the content of all future jit agreements should be adapted to take into account the relevant provisions of this regulation. ### (11) the jit agreement , which may also include appendices , should be a prerequisite for the use of the jits collaboration platform. the content of all future jit agreements should be adapted to take into account the relevant provisions of this regulation.


### (18) given its experience with managing large-scale systems in the area of justice and home affairs , the european union agency for the operational management of large-scale it systems in the area of freedom , security and justice (eu-lisa) established by regulation (eu) 2018/1726 of the european parliament and of the council23 should be entrusted with the task of designing , developing and operating the jits collaboration platform making use of the existing functionalities of siena and other functionalities at europol to ensure complementarity and interoperability. therefore , its mandate should be amended to reflect those new tasks and it should be provided with the appropriate funding and staffing to meet its responsibilities under this regulation. in that regard , rules should be established on the responsibilities of eu-lisa , as the agency entrusted with the development , technical operation and maintenance of the jits collaboration platform. ### (18) given its experience with managing large-scale systems in the area of justice and home affairs , the european union agency for the operational management of large-scale it systems in the area of freedom , security and justice (eu-lisa) established by regulation (eu) 2018/1726 of the european parliament and of the council23 should be entrusted with the task of designing , developing and operating the jits collaboration platform making use of the existing functionalities of siena and other functionalities at europol to ensure complementarity and if appropriate interoperability. therefore , its mandate should be amended to reflect those new tasks and it should be provided with the appropriate funding and staffing to meet its responsibilities under this regulation. in that regard , rules should be established on the responsibilities of eu-lisa , as the agency entrusted with the development , technical operation and maintenance of the jits collaboration platform.


### (19) when designing the jits collaboration platform , eu-lisa should ensure technical interoperability with siena. ### (19) when designing the jits collaboration platform , eu-lisa should ensure that data held by law enforcement authorities could , if necessary , be transmitted from siena to the jits collaboration platform through the secured channels and in compliance with the union’s legal framework on the protection of personal data.


### (29) where appropriate , it should be possible for jit space administrators to grant access to a jit collaboration space to third countries which are parties to a jit agreement. any transfer of personal data to third countries or international organisations in the context of a jit agreement is subject to compliance with the provisions set out in chapter v of directive (eu) 2016/680. exchanges of operational data with third countries should be limited to those required to fulfil the purposes of the jit agreement. ### (29) in accordance with the jit agreement it should be possible for jit space administrators to grant access to a jit collaboration space to third countries which are parties to a jit agreement. any transfer of personal data to third countries or international organisations in the context of a jit agreement is subject to compliance with the provisions set out in chapter v of directive (eu) 2016/680. exchanges of operational data with third countries should be limited to those required to fulfil the purposes of the jit agreement.


### (3) ‘competent authorities’ means the authorities competent to set up a jit as referred to in article 1 of framework decision 2002/465/jha and article 13 of the convention established by the council in accordance with article 34 of the treaty on european union on mutual assistance in criminal matters between the member states of the european union , the european public prosecutor’s office when acting pursuant to its competences as provided for by articles 22 , 23 and 25 of council regulation (eu) 2017/1939 , as well as the competent authorities of a third country where they are party of a jit agreement on the basis of an additional legal basis; ### (3) ‘competent authorities’ means the authorities of the member states competent to be part of a jit that was set up in accordance with in article 1 of framework decision 2002/465/jha and article 13 of the convention established by the council in accordance with article 34 of the treaty on european union on mutual assistance in criminal matters between the member states of the european union , the european public prosecutor’s office when acting pursuant to its competences as provided for by articles 22 , 23 and 25 of council regulation (eu) 2017/1939 , as well as the competent authorities of a third country where they are party of a jit agreement on the basis of an additional legal basis;


### a communication software , which allows for local storage of communication data; ### a communication software , which allows for secure storage of communication data;


### 2. upon expiry of the retention period referred to in paragraph 1 , the data record shall be automatically erased from the centralised system. ### 2. as soon as the process of downloading is completed by all users or , at the latest upon expiry of the retention period referred to in paragraph 1 , the data record shall be automatically erased from the centralised system.


### 3. in the event of substantial delays in the development process , eu-lisa shall inform the european parliament and the council as soon as possible of the reasons for the delays and of their impact in terms of timeframes and finances. ### 3. in the event of delays in the development process , eu-lisa shall inform the european parliament and the council as soon as possible of the reasons for the delays and of their impact in terms of timeframes and finances.


### 7. four years after the start of operations of the jits collaboration platform and every four years thereafter , the commission shall conduct an overall evaluation of the jits collaboration platform. the commission shall transmit the overall evaluation report to the european parliament and the council. ### 7. three years after the start of operations of the jits collaboration platform and every three years thereafter , the commission shall conduct an overall evaluation of the jits collaboration platform. the commission shall transmit the overall evaluation report to the european parliament and the council.


### (7) the eu online application platform should provide the applicant with up-to-date information on schengen short-stay visas and a guidance tool with which the applicant can find all the necessary information regarding the requirements and procedures , such as , but not limited to , whether a visa is required and what type of visa; the amount of the visa fee; the member state competent for handling the application; the supporting documents required; the need for an appointment to collect biometrics or the possibility to apply online without an appointment. the eu application platform should also allow to establish a secure electronic communication between the applicant and the competent consulate or the central authorities of the competent member state by electronic means , should additional documents or an interview be required. ### (7) the eu online application platform should provide the applicant with up-to-date information on schengen short-stay visas and a guidance tool with which the applicant can find all the necessary information regarding the requirements and procedures , such as , but not limited to , whether a visa is required and what type of visa; the amount of the visa fee; the member state competent for handling the application; the supporting documents required; the need for an appointment to collect biometrics or the possibility to apply online without an appointment. the eu application platform should also allow to establish a secure electronic communication between the applicant and the competent consulate or the central authorities of the competent member state by electronic means , should additional documents or an interview be required. the efficiency of each consulate in terms of the number of applications received shall be taken into account in order to ensure the capacity to complete the procedure.


### (31a) in order to increase the efficiency of procedures and to reduce the risk of absconding and the likelihood of unauthorised movements , there should be no procedural gaps between the issuance of a negative decision on an application for international protection and of a return decision. a return decision should immediately be issued to applicants whose applications are rejected. without prejudice to the right to an effective remedy , the return decision should either be part of the negative decision on an application for international protection or , if it is a separate act , be issued at the same time and together with the negative decision.’ ### (31a) in order to increase the efficiency of procedures and to reduce the risk of absconding and the likelihood of unauthorised movements , there should be no procedural gaps between the issuance of a negative decision on an application for international protection and of a return decision. a return decision should simultaneously be issued to applicants whose applications are rejected. without prejudice to the right to an effective remedy , the return decision should either be part of the negative decision on an application for international protection or , if it is a separate act , be issued at the same time and together with the negative decision.’


### where an application is rejected as inadmissible , unfounded or manifestly unfounded with regard to both refugee status and subsidiary protection status , or as implicitly or explicitly withdrawn , member states shall issue a return decision that respects directive xxx/xxx/eu [return directive]. the return decision shall be issued as part of the decision rejecting the application for international protection or , in a separate act. where the return decision is issued as a separate act , it shall be issued at the same time and together with the decision rejecting the application for international protection.’ ### where an application is rejected as inadmissible , unfounded or manifestly unfounded with regard to both refugee status and subsidiary protection status , or as implicitly or explicitly withdrawn , member states shall issue a return decision that respects directive xxx/xxx/eu [return directive]. the return decision shall be issued together with the decision rejecting the application for international protection.’


### ‘the applicant is of a nationality or , in the case of stateless persons , a former habitual resident of a third country for which the proportion of decisions by the determining authority granting international protection is , according to the latest available yearly union-wide average eurostat data , 20% or lower , unless a significant change has occurred in the third country concerned since the publication of the relevant eurostat data or the applicant belongs to a category of persons for whom the proportion of 20% or lower cannot be considered as representative for their protection needs;’ ### ‘the applicant is of a nationality or , in the case of stateless persons , a former habitual resident of a third country for which the proportion of decisions by the determining authority granting international protection is , according to the latest available quarterly union-wide average eurostat data , 20% or lower , unless a significant change has occurred in the third country concerned since the publication of the relevant eurostat data or the applicant belongs to a category of persons for whom the proportion of 20% or lower cannot be considered as representative for their protection needs;’


### ‘the applicant is of a nationality or , in the case of stateless persons , a former habitual residence of a third country for which the proportion of decisions granting international protection by the determining authority is , according to the latest available yearly union-wide average eurostat data , 20% or lower , unless a significant change has occurred in the third country concerned since the publication of the relevant eurostat data or the applicant belongs to a category of persons for whom the proportion of 20% or lower cannot be considered as representative for their protection needs;’ ### ‘the applicant is of a nationality or , in the case of stateless persons , a former habitual residence of a third country for which the proportion of decisions granting international protection by the determining authority is , according to the latest available quarterly union-wide average eurostat data , 20% or lower , unless a significant change has occurred in the third country concerned since the publication of the relevant eurostat data or the applicant belongs to a category of persons for whom the proportion of 20% or lower cannot be considered as representative for their protection needs;’


### following apprehension in connection with an unauthorised crossing of the external border; ### following apprehension on the territory of the country , including in connection with an unauthorised crossing of the external border;


### 4. a member state may decide not to apply paragraph 3 to nationals or stateless persons who are habitual residents of third countries for which that member state has submitted a notification to the commission in accordance with article 25a(3) of regulation (ec) no 810/2009. ### deleted


### 5. the border procedure may only be applied to unaccompanied minors and to minors below the age of 12 and their family members in the cases referred to in article 40(5) (b). ### deleted


### 2. points out that the concentration of agricultural income support is mainly driven by area-based direct payments; underlines the need for more targeted support and a better balance between large and small beneficiaries at member state level; ### 2. points out that the concentration of agricultural income support is mainly driven by area-based direct payments; underlines the need for fairer support and a better balance between large and small beneficiaries at member state level , while respecting the right of member states to apply flexibility in choosing , among other things , the form of redistributive payments , taking into account regional and local specific features and circumstances;


### 4. stresses the need for a specifically tailored fraud prevention system to prevent any misuse of eu agricultural funds; takes the view that anti-fraud measures should retain their high priority for the eu and the member states; underlines that eu funds must be recovered in a timely manner and that proportionate sanctions be put in place as effective deterrents; ### 4. stresses the need for a specifically tailored fraud prevention system to prevent any misuse of eu agricultural funds; takes the view that anti-fraud measures should retain their high priority for the eu and the member states; underlines that eu funds must be recovered in a timely manner and welcomes the provisions laid down in the cap horizontal regulation on proportionate penalties as effective deterrents;


### 5. underlines the importance of transparency for the early detection of fraud , conflicts of interest or other irregularities; stresses the importance of eu-wide database interoperability , common rules and data exchange , cross-border cooperation and better use of it tools; ### 5. underlines the importance of transparency for the early detection of fraud , conflicts of interest or other irregularities; stresses the importance of eu-wide database interoperability , common rules and data exchange , cross-border cooperation and better use of it tools; welcomes , in this context , the adoption of a provision on the voluntary use by member states of the arachne data analytics tool , which can help to increase the effectiveness of financial controls and the transparency of links between beneficiaries;


### 1. member states shall examine any application for international protection by a third-country national or a stateless person who applies on the territory of any one of them , including at the border or in the transit zones. the application shall be examined by a single member state , which shall be the one which the criteria set out in chapter ii of part iii indicate is responsible. ### 1. member states are not obliged to examine any applications for international protection from third-country nationals or stateless persons who have entered the territory of member states illegally or through a safe country.


### 2. where no member state responsible can be designated on the basis of the criteria listed in this regulation , the first member state in which the application for international protection was registered shall be responsible for examining it. ### 2. the first member state in which the application for international protection was registered shall be responsible for examining it.


### 2. where no member state responsible can be designated on the basis of the criteria listed in this regulation , the first member state in which the application for international protection was registered shall be responsible for examining it. ### 2. where no member state responsible can be designated on the basis of the criteria listed chapter ii , in this regulation , the first member state in which the application for international protection was registered shall be responsible for examining it.


### 3. where it is impossible for a member state to transfer an applicant to the member state primarily designated as responsible because there are substantial grounds for believing that there are systemic flaws in the asylum procedure and in the reception conditions for applicants in that member state , resulting in a risk of inhuman or degrading treatment within the meaning of article 4 of the charter of fundamental rights of the european union , the determining member state shall continue to examine the criteria set out in chapter ii of part iii in order to establish whether another member state can be designated as responsible. ### deleted


### 4. if a security check provided for in article 11 of regulation (eu) xxx/xxx [screening regulation] has not been carried out , the first member state in which the application for international protection was registered shall examine whether there are reasonable grounds to consider the applicant a danger to national security or public order of that member state as soon as possible after the registration of the application , before applying the criteria for determining the member state responsible pursuant to chapter ii or the clauses set out in chapter iii of part iii. ### 4. if a security check provided for in article 11 of regulation (eu) xxx/xxx [screening regulation] has not been carried out , the first member state in which the application for international protection was registered shall examine whether there are reasonable grounds to consider the applicant a danger to national security or public order of that member state as soon as possible after the registration of the application.


### if a security check provided for in article 11 of regulation (eu) xxx/xxx [screening regulation] has been carried out , but the first member state in which the application for international protection was registered has justified reasons to examine whether there are reasonable grounds to consider the applicant a danger to national security or public order of that member state , that member state shall carry out the examination as soon as possible after the registration of the application , before applying the criteria for determining the member state responsible pursuant to chapter ii or the clauses set out in chapter iii of part iii. ### if a security check provided for in article 11 of regulation (eu) xxx/xxx [screening regulation] has been carried out , but the first member state in which the application for international protection was registered has justified reasons to examine whether there are reasonable grounds to consider the applicant a danger to national security or public order of that member state , that member state shall carry out the examination as soon as possible after the registration of the application.


### 5. each member state shall retain the right to send an applicant to a safe third country , subject to the rules and safeguards laid down in regulation (eu) xxx/xxx [asylum procedure regulation]. ### 5. each member state shall retain the right to send an applicant to a third country , including for the purposes of processing the application for international protection at a third country reception centre and facilitating , for those granted , international protection in the third country partner state.


### 1. where a third-country national or stateless person intends to make an application for international protection , the application shall be made and registered in the member state of first entry. ### 1. where a third-country national or stateless person intends to make an application for international protection , the application shall be made and registered in the member state of first entry or the application shall be automatically rejected.


### 1. where a third-country national or stateless person intends to make an application for international protection , the application shall be made and registered in the member state of first entry. ### 1. where a third-country national or stateless person intends to make an application for international protection , the application shall be made and registered in the member state where he or she is present at the moment of the application.


### 2. by derogation from paragraph 1 , where a third-country national or stateless person is in possession of a valid residence permit or a valid visa , the application shall be made and registered in the member state that issued the residence permit or visa. ### 2. by derogation from paragraph 1 , where a third-country national or stateless person is in possession of a valid residence permit or a valid visa , the application shall be made and registered in the member state that issued the residence permit or visa or in a third country partner state.


### where a third-country national or stateless person who intends to make an application for international protection is in possession of a residence permit or visa which has expired , the application shall be made and registered in the member state where he or she is present. ### without prejudice to article 19(4) , where a third-country national or stateless person who intends to make an application for international protection is in possession of a residence permit or visa which has expired , the application shall be made and registered in the member state where he or she is present.


### the member state of relocation following a transfer pursuant to article 57(9). ### deleted


### of the obligation for the applicant to disclose , as soon as possible in the procedure any relevant information that could help to establish any prior residence permits , visas or educational diplomas; ### of the obligation for the applicant to disclose , as soon as possible in the procedure any relevant information that could help to establish any prior residence permits , visas or educational diplomas as well as all and any information about how they made it to the european union from their country of origin and whether they passed through any safe countries on the way;


### of the right to be granted , on request , legal assistance free of charge where the person concerned cannot afford the costs involved; ### deleted


### of the right to be granted , on request , legal assistance free of charge where the person concerned cannot afford the costs involved; ### of the right to be granted , on request , legal assistance;


### where applicable , of the relocation procedure set out in articles 57 and 58. ### deleted


### 3. the personal interview shall take place in a timely manner and , in any event , before any take charge request is made pursuant to article 29. ### 3. the personal interview shall take place in a timely manner.


### 4. the personal interview shall be conducted in a language that the applicant understands or is reasonably supposed to understand and in which he or she is able to communicate. interviews of unaccompanied minors shall be conducted in a child-friendly manner , by staff who are appropriately trained and qualified under national law , in the presence of the representative and , where applicable , the minor’s legal advisor. where necessary , member states shall have recourse to an interpreter , and where appropriate a cultural mediator , who is able to ensure appropriate communication between the applicant and the person conducting the personal interview. the applicant may request to be interviewed and assisted by staff of the same sex. ### deleted


### 5. the personal interview shall take place under conditions which ensure appropriate confidentiality. it shall be conducted by a qualified person under national law. applicants who are identified as being in need of special procedural guarantees pursuant to regulation (eu) xxx/xxx [asylum procedure regulation] , shall be provided with adequate support in order to create the conditions necessary for effectively presenting all elements allowing for the determination of the member state responsible. ### 5. the personal interview shall take place under conditions which ensure appropriate confidentiality. it shall be conducted by a qualified person under national law. applicants who are identified as being in need of special procedural guarantees pursuant to regulation (eu) xxx/xxx [asylum procedure regulation] , shall be provided with adequate support in order to create the conditions necessary for effectively presenting all elements allowing for swift processing of applications for international protection in member states or reception centres in third country partner states.


### 5. before transferring an unaccompanied minor to the member state responsible or , where applicable , to the member state of relocation , the transferring member state shall make sure that the member state responsible or the member state of relocation takes the measures referred to in articles 14 and 23 of directive xxx/xxx/eu [reception conditions directive] and article 22 of regulation (eu) xxx/xxx [asylum procedure regulation] without delay. any decision to transfer an unaccompanied minor shall be preceded by an assessment of his/her best interests. the assessment shall be based on the factors listed in paragraph 4 and the conclusions of the assessment on these factors shall be clearly stated in the transfer decision. the assessment shall be done swiftly by staff with the qualifications and expertise to ensure that the best interests of the minor are taken into consideration. ### 5. before transferring an unaccompanied minor to a third country partner state for processing and possible facilitation of international protection , the member state shall make sure that the individual poses no risk to citizens of the member state until he or she has been transferred to a third country reception centre. the assessment shall be done swiftly by staff with the qualifications and expertise to ensure that the best interests of the citizens are taken into consideration.


### 5. before transferring an unaccompanied minor to the member state responsible or , where applicable , to the member state of relocation , the transferring member state shall make sure that the member state responsible or the member state of relocation takes the measures referred to in articles 14 and 23 of directive xxx/xxx/eu [reception conditions directive] and article 22 of regulation (eu) xxx/xxx [asylum procedure regulation] without delay. any decision to transfer an unaccompanied minor shall be preceded by an assessment of his/her best interests. the assessment shall be based on the factors listed in paragraph 4 and the conclusions of the assessment on these factors shall be clearly stated in the transfer decision. the assessment shall be done swiftly by staff with the qualifications and expertise to ensure that the best interests of the minor are taken into consideration. ### 5. before transferring an unaccompanied minor to the member state responsible , the transferring member state shall make sure that the member state responsible takes the measures referred to in articles 14 and 23 of directive xxx/xxx/eu [reception conditions directive] and article 22 of regulation (eu) xxx/xxx [asylum procedure regulation] without delay. any decision to transfer an unaccompanied minor shall be preceded by an assessment of his/her best interests. the assessment shall be based on the factors listed in paragraph 4 and the conclusions of the assessment on these factors shall be clearly stated in the transfer decision. the assessment shall be done swiftly by staff with the qualifications and expertise to ensure that the best interests of the minor are taken into consideration.


### 5. in the absence of a family member or a relative as referred to in paragraphs 2 and 3 , the member state responsible shall be that where the unaccompanied minor’s application for international protection was first registered , unless it is demonstrated that this is not in the best interests of the minor. ### 5. in the absence of a family member or a relative as referred to in paragraphs 2 and 3 , the member state responsible shall be that where the unaccompanied minor is present after having lodged applications for international protection in more than one member state , unless it is demonstrated that this is not in the best interests of the minor.


### 5. in the absence of a family member or a relative as referred to in paragraphs 2 and 3 , the member state responsible shall be that where the unaccompanied minor’s application for international protection was first registered , unless it is demonstrated that this is not in the best interests of the minor. ### 5. in the absence of a family member or a relative as referred to in paragraphs 2 and 3 , the member state responsible shall be that where the unaccompanied minor’s entry to member state territory or where their application for international protection was first registered.


### 6. the commission is empowered to adopt delegated acts in accordance with article 68 concerning: ### deleted


### article 16 ### deleted


### 16 family members who are beneficiaries of international protection ### 16 family members who legally reside in a member state


### where the applicant has a family member who has been allowed to reside as a beneficiary of international protection in a member state , that member state shall be responsible for examining the application for international protection , provided that the persons concerned expressed their desire in writing. ### where the applicant has a family member who is legally residing in a member state , that member state shall be responsible for examining the application for international protection , provided that the persons concerned expressed their desire in writing.


### where the applicant has a family member in a member state whose application for international protection in that member state has not yet been the subject of a first decision regarding the substance , that member state shall be responsible for examining the application for international protection , provided that the persons concerned expressed their desire in writing. ### deleted


### where several family members submit applications for international protection in the same member state simultaneously , or on dates close enough for the procedures for determining the member state responsible to be conducted together , and where the application of the criteria set out in this regulation would lead to their being separated , the member state responsible shall be determined as follows: ### deleted


### 1. where the applicant is in possession of a valid residence document , the member state which issued the document shall be responsible for examining the application for international protection. ### 1. where the applicant is in possession of a valid residence document , the member state which issued the document shall be responsible for examining the application for international protection. that responsibility shall cease after the applicant leaves the member state which issued the residence document.


### 1. where it is established , on the basis of proof or circumstantial evidence as described in the two lists referred to in article 30(4) of this regulation , including the data referred to in regulation (eu) xxx/xxx [eurodac regulation] , that an applicant has irregularly crossed the border into a member state by land , sea or air having come from a third country , the first member state thus entered shall be responsible for examining the application for international protection. that responsibility shall cease if the application is registered more than 3 years after the date on which that border crossing took place. ### deleted


### 1. where it is established , on the basis of proof or circumstantial evidence as described in the two lists referred to in article 30(4) of this regulation , including the data referred to in regulation (eu) xxx/xxx [eurodac regulation] , that an applicant has irregularly crossed the border into a member state by land , sea or air having come from a third country , the first member state thus entered shall be responsible for examining the application for international protection. that responsibility shall cease if the application is registered more than 3 years after the date on which that border crossing took place. ### 1. where it is established , on the basis of proof or circumstantial evidence that an applicant has illegally crossed the border into a member state by land , sea or air having come from a third country , the first member state thus entered shall be responsible for rejecting the application for international protection and returning the applicant.


### 1. where it is established , on the basis of proof or circumstantial evidence as described in the two lists referred to in article 30(4) of this regulation , including the data referred to in regulation (eu) xxx/xxx [eurodac regulation] , that an applicant has irregularly crossed the border into a member state by land , sea or air having come from a third country , the first member state thus entered shall be responsible for examining the application for international protection. that responsibility shall cease if the application is registered more than 3 years after the date on which that border crossing took place. ### 1. where it is established , on the basis of proof or circumstantial evidence as described in the two lists referred to in article 30(4) of this regulation , including the data referred to in regulation (eu) xxx/xxx [eurodac regulation] , that an applicant has irregularly crossed the border into a member state by land , sea or air having come from a third country , the first member state thus entered shall be responsible for examining the application for international protection. that responsibility shall cease if the application is registered more than one year after the date on which that border crossing took place.


### 2. the rule set out in paragraph 1 shall also apply where the applicant was disembarked on the territory following a search and rescue operation. ### deleted


### 3. paragraphs 1 and 2 shall not apply if it can be established , on the basis of proof or circumstantial evidence as described in the two lists referred to in article 30(4) of this regulation , including the data referred to in regulation (eu) xxx/xxx [eurodac regulation] , that the applicant was relocated pursuant to article 57 of this regulation to another member state after having crossed the border. in that case , that other member state shall be responsible for examining the application for international protection. ### deleted


### in accordance with the principle of solidarity and fair sharing of responsibility , and with the objective of reinforcing mutual trust , this regulation: ### in accordance with the principle of voluntary cooperation between member states , and with the objective of reinforcing mutual trust and enhancing security of citizens , this regulation:


### sets out a common framework for the management of asylum and migration in the union; ### sets out a common framework for the management of asylum and migration mitigation among the member states of the european union;


### establishes a mechanism for solidarity; ### establishes cooperation measures to efficiently distribute among member states beneficiaries of international protection whose eligibility has been established in third country processing centres , as well as to return illegally staying third-country nationals;


### establishes a mechanism for solidarity; ### establishes methods for voluntary cooperation between member states and third country partner states;


### lays down the criteria and mechanisms for determining the member state responsible for examining an application for international protection. ### deleted


### lays down the criteria and mechanisms for determining the member state responsible for examining an application for international protection. ### lays down the criteria and mechanisms for determining the member state responsible for examining an application for international protection made in a member state by a person who has illegally arrived in the territory of the european union


### ‘applicant’ means a third-country national or a stateless person who has made an application for international protection in respect of which a decision has not been taken , or has been taken and is either subject to or can still be subject to a remedy in the member state concerned , irrespective of whether the applicant has a right to remain or is allowed to remain in accordance with regulation (eu) xxx/xxx [asylum procedure regulation] , including a person who has been granted immediate protection pursuant to regulation (eu) xxx/xxx [regulation addressing situations of crisis and force majeure in the field of asylum and migration]; ### ‘applicant’ means a third-country national or a stateless person who has come to the european union directly from a country or territory where their life or freedom was threatened within the meaning of article 1of the 1951 convention relating to the status of refugees (1951 convention) , and who has presented themselves without delay to member state authorities , with an application for international protection in respect of which a decision has not been taken , or has been taken and is either subject to or can still be subject to a remedy. applicants are not to be taken to have presented themselves without delay to the authorities unless —


### ‘examination of an application for international protection’ means examination of the admissibility or the merits of an application for international protection in accordance with regulation (eu) xxx/xxx [asylum procedure regulation] and regulation (eu) xxx/xxx [qualification regulation] , excluding procedures for determining the member state responsible in accordance with this regulation; ### ‘examination of an application for international protection’ means examination of the admissibility or the merits of an application for international protection in accordance with regulation (eu) xxx/xxx [asylum procedure regulation] and regulation (eu) xxx/xxx [qualification regulation] or national laws of member states that have agreements with third country partner nations in place for the processing of applications and hosting those granted international protection;


### ‘beneficiary of international protection’ means a third-country national or a stateless person who has been granted international protection as defined in article 2(2) of regulation (eu) xxx/xxx [qualification regulation]; ### ‘beneficiary of international protection’ means a third-country national or a stateless person who has been granted international protection in a third country processing centre or on the territory of the member states after having illegally arrived to the european union and following criteria for determining the member state responsible;


### ‘beneficiary of international protection’ means a third-country national or a stateless person who has been granted international protection as defined in article 2(2) of regulation (eu) xxx/xxx [qualification regulation]; ### ‘beneficiary of international protection’ means a third-country national or a stateless person who has been granted international protection in a third country or a member state;


### ‘family members’ means , insofar as the family already existed before the applicant or the family member arrived on the territory of the member states , the following members of the applicant’s family who are present on the territory of the member states: ### deleted


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


### (ii) the minor children of couples referred to in the first indent or of the applicant , on condition that they are unmarried and regardless of whether they were born in or out of wedlock or adopted as defined under national law , ### deleted


### (iii) where the applicant is a minor and unmarried , the father , mother or another adult responsible for the applicant , whether by law or by the practice of the member state where the adult is present , ### deleted


### (iv) where the beneficiary of international protection is a minor and unmarried , the father , mother or another adult responsible for him or her whether by law or by the practice of the member state where the beneficiary is present , ### deleted


### the sibling or siblings of the applicant; ### deleted


### ‘relative’ means the applicant’s adult aunt or uncle or grandparent who is present in the territory of a member state , regardless of whether the applicant was born in or out of wedlock or adopted as defined under national law; ### deleted


### ‘minor’ means a third-country national or a stateless person below the age of 18 years; ### deleted


### ‘unaccompanied minor’ means a minor who arrives on the territory of the member states unaccompanied by an adult responsible for him or her , whether by law or by the practice of the member state concerned , and for as long as he or she is not effectively taken into the care of such an adult; it includes a minor who is left unaccompanied after he or she has entered the territory of member states; ### deleted


### ‘residence document’ means any authorisation issued by the authorities of a member state authorising a third-country national or a stateless person to stay on its territory , including the documents substantiating the authorisation to remain on the territory under temporary protection arrangements or until the circumstances preventing a removal order from being carried out no longer apply , with the exception of visas and residence authorisations issued during the period required to determine the member state responsible as established in this regulation or during the examination of an application for international protection or an application for a residence permit; ### deleted


### ‘benefitting member state’ means the member state benefitting from the solidarity measures in situations of migratory pressure or for disembarkations following search and rescue operations as set out in chapters i-iii of part iv of this regulation; ### deleted


### ‘benefitting member state’ means the member state benefitting from the solidarity measures in situations of migratory pressure or for disembarkations following search and rescue operations as set out in chapters i-iii of part iv of this regulation; ### ‘benefitting member state’ means the member state benefitting from the voluntary cooperation measures in situations of migratory pressure or for disembarkations following search and rescue operations as set out in chapters i-iii of part iv of this regulation;


### ‘contributing member state’ means a member state that contributes or is obliged to contribute to the solidarity measures to a benefitting member state set out in chapters i-iii of part iv of this regulation; ### deleted


### ‘contributing member state’ means a member state that contributes or is obliged to contribute to the solidarity measures to a benefitting member state set out in chapters i-iii of part iv of this regulation; ### ‘contributing member state’ means a member state that contributes to the distribution measure set out in chapter i of part iv of this regulation;


### ‘relocation’ means the transfer of a third-country national or a stateless person from the territory of a benefitting member state to the territory of a contributing member state; ### ‘relocation’ means the transfer of a third-country national or a stateless person to reception centres located in third country partner states , where their application for international protection will be assessed and where it will be realised in accordance with agreements between member states and third country partner states;


### ‘relocation’ means the transfer of a third-country national or a stateless person from the territory of a benefitting member state to the territory of a contributing member state; ### ’distribution’ means the transfer of a third-country national or a stateless person , from processing centres located in partner third countries , where they have been granted the right to international protection , to the territory of a contributing member state;


### ‘search and rescue operations’ means operations of search and rescue as referred to in the 1979 international convention on maritime search and rescue adopted in hamburg , germany on 27 april 1979; ### deleted


### ‘migratory pressure’ means a situation where there is a large number of arrivals of third-country nationals or stateless persons , or a risk of such arrivals , including where this stems from arrivals following search and rescue operations , as a result of the geographical location of a member state and the specific developments in third countries which generate migratory movements that place a burden even on well-prepared asylum and reception systems and requires immediate action; ### deleted


### ‘resettled or admitted person’ means a person who has been accepted by a member state for admission pursuant to regulation (eu) xxx/xxx [union resettlement framework regulation] or under a national resettlement scheme outside the framework of that regulation; ### ‘resettled or admitted person’ means a person who has been accepted by a member state or a third country partner state for processing of claims of need for international protection;


### ‘asylum agency’ means the european union agency for asylum as established by regulation (eu) xxx/xxx [european union asylum agency]; ### deleted


### the union and the member states shall take actions in the field of asylum and migration management on the basis of a comprehensive approach. that comprehensive approach shall address the entirety of the migratory routes that affect asylum and migration management and shall consist of the following components: ### member states and the union shall take actions in the field of asylum and migration management on the basis of a comprehensive and voluntary approach. that comprehensive approach shall address the entirety of the migratory routes that affect asylum and migration management and shall consist of the following components:


### mutually-beneficial partnerships and close cooperation with relevant third countries , including on legal pathways for third-country nationals in need of international protection and for those otherwise admitted to reside legally in the member states addressing the root causes of irregular migration , supporting partners hosting large numbers of migrants and refugees in need of protection and building their capacities in border , asylum and migration management , preventing and combatting irregular migration and migrant smuggling , and enhancing cooperation on readmission; ### mutually-beneficial partnerships and close cooperation with relevant third countries , including setting up third country reception centres to process asylum requests and host those granted international protection and addressing the root causes of illegal migration , supporting non-aggressive partners hosting large numbers of migrants and refugees in need of protection , preventing and combatting illegal migration , migrant smuggling , human trafficking and enhancing cooperation on returns;


### mutually-beneficial partnerships and close cooperation with relevant third countries , including on legal pathways for third-country nationals in need of international protection and for those otherwise admitted to reside legally in the member states addressing the root causes of irregular migration , supporting partners hosting large numbers of migrants and refugees in need of protection and building their capacities in border , asylum and migration management , preventing and combatting irregular migration and migrant smuggling , and enhancing cooperation on readmission; ### mutually-beneficial partnerships and close cooperation with relevant third countries , including on legal pathways for beneficiaries of international protection and for those otherwise admitted to reside legally in the member states addressing the root causes of irregular migration , supporting partners hosting large numbers of migrants and refugees in need of protection and building their capacities in border , asylum and migration management , preventing and combatting irregular migration and migrant smuggling , and enhancing cooperation on readmission;


### close cooperation and mutual partnership among union institutions and bodies , member states and international organisations; ### close voluntary cooperation and mutual partnership among member states , assisted and supported by union institutions and bodies , and other international organisations;


### full implementation of the common visa policy; ### deleted


### effective management and prevention of irregular migration; ### effective measures to prevent illegal migration and illegal entry into the territories of member states including by way of physically sealing the border , refusing asylum to those that enter illegally , member states joint naval missions in the mediterranean , aimed at deterring , preventing and stopping illegal departures and arrivals from third countries as well as to provide for immediate escort to ports of origin for any vessel enabling illegal entry of migrants into a member state of the european union;


### effective management and prevention of irregular migration; ### effective combat and prevention of illegal migration based on migratory containment operations , including eu’s naval missions in the mediterranean aimed at preventing and deterring illegal departures of migrants from third countries;


### effective management of the union’s external borders , based on the european integrated border management; ### effective protection of the union’s external borders;


### effective management of the union’s external borders , based on the european integrated border management; ### effective protection of the union’s external borders , including by erecting physical barriers where needed;


### full respect of the obligations laid down in international and european law concerning persons rescued at sea; ### full respect for the national laws of eu member states in the interpretation of any obligations relating to or stemming from this regulation or european or international law concerning persons rescued at sea;


### access to procedures for granting and withdrawing international protection on union territory and recognition of third-country nationals or stateless persons as refugees or beneficiaries of subsidiary protection; ### access to procedures for granting and withdrawing international protection on territory of member states or third country partner states and recognition of third-country nationals or stateless persons as refugees or beneficiaries of subsidiary protection , unless the individual has entered the territory of a member state illegally or through a safe country;


### access to procedures for granting and withdrawing international protection on union territory and recognition of third-country nationals or stateless persons as refugees or beneficiaries of subsidiary protection; ### access to procedures for granting and withdrawing international protection and recognition of third-country nationals or stateless persons as refugees or beneficiaries of subsidiary protection;


### determination of the member state responsible for the examination of an application for international protection , based on shared responsibility and rules and mechanisms for solidarity; ### determination of the member state or if member states or the union have conducted agreements to this end , the third country partner state responsible for the processing and facilitation of international protection for those granted such status;


### determination of the member state responsible for the examination of an application for international protection , based on shared responsibility and rules and mechanisms for solidarity; ### determination of the member state responsible for the examination of an application for international protection by a person who has illegally arrived to the territory of the european union based on predictable rules and criteria;


### access for applicants to adequate reception conditions; ### enable member states to relocate the entire process of application for international protection and the facilitation of such protection to third country partner states by way of bilateral or multilateral agreements;


### access for applicants to adequate reception conditions; ### access for beneficiaries of international protection to adequate reception conditions;


### effective management of the return of illegally staying third-country nationals; ### effective measures to assist member states in their efforts to return illegally staying third-country nationals;


### effective measures to provide incentives for and support to the integration of beneficiaries of international protection in the member states; ### effective measures to provide incentives for and support to the integration of beneficiaries of international protection in the member states or third country partner states;


### measures aimed at reducing and tackling the enabling factors of irregular migration to and illegal stay in the union , including illegal employment; ### measures aimed at eliminating the enabling factors of illegal migration to and illegal stay in the member states of the european union , including smuggling facilitators and illegal employment as well as wide-reaching anti-people smuggling campaigns informing migrants that no-one who enters the eu illegally will ever make the eu their home as all asylum applications from those having entered illegally will automatically be rejected;


### 1. the union and member states shall ensure coherence of asylum and migration management policies , including both the internal and external components of those policies. ### 1. the union shall do its utmost to always respect member states competences with regard to asylum and migration management policies , including both the internal and external components of such policies.


### 2. the union and member states acting within their respective competencies shall be responsible for the implementation of the asylum and migration management policies. ### 2. member states and the union acting within their respective competencies shall be responsible for the implementation of the asylum and migration management policies.


### principle of solidarity and fair sharing of responsibility ### principle of sincere cooperation


### principle of solidarity and fair sharing of responsibility ### principle of voluntary cooperation


### 1. in implementing their obligations , the member states shall observe the principle of solidarity and fair sharing of responsibility and shall take into account the shared interest in the effective functioning of the union’s asylum and migration management policies. member states shall: ### 1. in implementing their voluntary obligations , the member states shall assist by voluntary means , each other in carrying out tasks including some aspects of asylum and migration mitigation policies. member states shall:


### establish and maintain national asylum and migration management systems that provide access to international protection procedures , grant such protection to those who are in need and ensure the return of those who are illegally staying; ### establish and maintain national asylum and migration management systems that provide access to international protection procedures , either in member states or third country partner states , facilitate protection in third country reception centres for those who are genuinely in need of international protection and ensure the return of those who are illegally staying;


### take all measures necessary and proportionate to reduce and prevent irregular migration to the territories of the member states , in close cooperation and partnership with relevant third countries , including as regards the prevention and fight against migrant smuggling; ### take all measures necessary and proportionate to prevent and deter illegal migration to the territories of the member states , in close cooperation and partnership with relevant third countries , including as regards the prevention and fight against migrant smuggling and human trafficking;


### take all measures necessary and proportionate to reduce and prevent irregular migration to the territories of the member states , in close cooperation and partnership with relevant third countries , including as regards the prevention and fight against migrant smuggling; ### take all measures necessary to prevent illegal migration to the territories of the member states , in close cooperation and partnership with relevant third countries , including as regards the prevention and fight against migrant smuggling and human trafficking;


### apply correctly and expeditiously the rules on the determination of the member state responsible for examining an application for international protection and , where necessary , carry out the transfer to the member state responsible pursuant to chapters i-vi of part iii; ### deleted


### apply correctly and expeditiously the rules on the determination of the member state responsible for examining an application for international protection and , where necessary , carry out the transfer to the member state responsible pursuant to chapters i-vi of part iii; ### apply correctly and expeditiously the rules on the determination of the member state responsible for examining an application for international protection to a person who has illegally arrived to the territory of the european union and , where necessary , carry out the transfer to the member state responsible pursuant to chapters i-vi of part iii;


### provide support to other member states in the form of solidarity contributions on the basis of needs set out in chapters i-iii of part iv; ### cooperate in the relocation of applicants for international protection to third country reception centres as well as in the return of illegally staying third country nationals;


### take all reasonable and proportionate measures to prevent and correct unauthorised movements between member states. ### take all necessary measures to prevent and correct unauthorised movements between member states.


### 1. the commission shall adopt a european asylum and migration management strategy setting out the strategic approach to managing asylum and migration at union level and on the implementation of asylum and migration management policies in accordance with the principles set out in this part. the commission shall transmit the strategy to the european parliament and the council. ### 1. the commission shall adopt a long-term european asylum and migration mitigation strategy on the implementation of member state cooperation in the field of asylum and migration setting out the ways in which the union can assist member states in managing asylum and migration. the commission shall transmit the strategy to the european parliament and the council as well as to the nordic council.


### 1. the commission shall adopt a european asylum and migration management strategy setting out the strategic approach to managing asylum and migration at union level and on the implementation of asylum and migration management policies in accordance with the principles set out in this part. the commission shall transmit the strategy to the european parliament and the council. ### 1. the commission shall adopt a long-term european asylum and migration management strategy on the implementation of asylum and migration management policies and setting out the approach to managing asylum and migration at union level in accordance with the principles set out in this part. the commission shall transmit the strategy to the european parliament and the council.


### the national strategies of the member states referred to paragraph 3 of this article; ### the national strategies of the member states referred to paragraph 3 of this article and any efforts endorsed by national parliaments to address migration pressures such as a zero-vision or net-minus for migration;


### relevant reports and analyses from union agencies; ### relevant reports and analyses from member states or union agencies;


### 3. member states shall have national strategies in place to ensure sufficient capacity for the implementation of an effective asylum and migration management system in accordance with the principles set out in this part. those strategies shall include contingency planning at national level , taking into account the contingency planning pursuant to regulation (eu) xxx/xxx [european union asylum agency] , regulation (eu) 2019/189656 (european border and coast guard agency) and directive xxx/xxx/eu [reception conditions directive] and the reports of the commission issued within the framework of the migration preparedness and crisis blueprint. such national strategies shall include information on how the member state is implementing the principles set out in this part and legal obligations stemming therefrom at national level. they shall take into account other relevant strategies and existing support measures notably under regulation (eu) xxx/xxx [asylum and migration fund] and regulation (eu) xxx/xxx [european union asylum agency] and be coherent with and complementary to the national strategies for integrated border management established in accordance with article 8(6) of regulation (eu) 2019/1896. the results of the monitoring undertaken by the asylum agency and the european border and coast guard agency , of the evaluation carried out in accordance with council regulation no 1053/2013 as well as those carried out in line with article 7 of regulation (eu) xxx/xxx [screening regulation] , should also be taken into account in these strategies. ### 3. member states are free to establish national strategies to ensure sufficient capacity for the implementation of an effective asylum and migration mitigation system in accordance with the principles set out in this part. those strategies shall include contingency planning at national level , taking into account the contingency planning pursuant to regulation (eu) xxx/xxx [european union asylum agency] , regulation (eu) 2019/189656 (european border and coast guard agency) and directive xxx/xxx/eu [reception conditions directive] and the reports of the commission issued within the framework of the migration preparedness and crisis blueprint. such national strategies are encouraged to include information on how the member state is implementing the principles set out in this part and legal obligations stemming from legislation at national level. they are encouraged to take into account other relevant strategies and existing support measures notably under regulation (eu) xxx/xxx [asylum and migration fund] and regulation (eu) xxx/xxx [european union asylum agency] and be coherent with and complementary to the national strategies for integrated border management established in accordance with article 8(6) of regulation (eu) 2019/1896. the results of the monitoring undertaken by the asylum agency and the european border and coast guard agency , of the evaluation carried out in accordance with council regulation no 1053/2013 as well as those carried out in line with article 7 of regulation (eu) xxx/xxx [screening regulation] , can also be taken into account in these strategies.


### 4. the commission shall adopt a migration management report each year setting out the anticipated evolution of the migratory situation and the preparedness of the union and the member states. in the case of migratory flows generated by search and rescue operations , the commission shall consult the concerned member states and the report shall set out the total number of projected disembarkations in the short term and the solidarity response that would be required to contribute to the needs of the member states of disembarkation through relocation and through measures in the field of capacity building , operational support and measures in the field of the external dimension. the report shall also indicate whether particular member states are faced with capacity challenges due to the presence of third-country nationals who are vulnerable and include the results of the reporting on monitoring listed in paragraph 3 including the information gathered within the framework of the migration preparedness and crisis blueprint and propose improvements where appropriate. ### 4. the commission shall adopt annual situational reports setting out the anticipated evolution of the migratory situation and the preparedness of the union and the member states.


### 4. the commission shall adopt a migration management report each year setting out the anticipated evolution of the migratory situation and the preparedness of the union and the member states. in the case of migratory flows generated by search and rescue operations , the commission shall consult the concerned member states and the report shall set out the total number of projected disembarkations in the short term and the solidarity response that would be required to contribute to the needs of the member states of disembarkation through relocation and through measures in the field of capacity building , operational support and measures in the field of the external dimension. the report shall also indicate whether particular member states are faced with capacity challenges due to the presence of third-country nationals who are vulnerable and include the results of the reporting on monitoring listed in paragraph 3 including the information gathered within the framework of the migration preparedness and crisis blueprint and propose improvements where appropriate. ### 4. the commission shall adopt a migration mitigation report each year setting out the anticipated evolution of the migratory situation and the actions planned by the union and the member states to meet the challenge of increased migratory pressure.


### 5. the member states shall establish the national strategies by [one year after the entry into force of this regulation] at the latest. the first european asylum and migration management strategy shall be adopted by [18 months after the entry into force of this regulation] at the latest and the first migration management report shall be issued by [one year after the entry into force of this regulation] at the latest. ### 5. the member states shall establish the national strategies in a timely fashion taking into account national political priorities. the first european asylum and migration mitigation strategy shall be adopted by [18 months after the entry into force of this regulation] at the latest and the first migration mitigation report shall be issued by [one year after the entry into force of this regulation] at the latest.


### 7 cooperation with third countries to facilitate return and readmission ### 7 cooperation with third countries on migration mitigation , the establishment of reception centres and the facilitation of returns


### 7 cooperation with third countries to facilitate return and readmission ### 7 cooperation with third countries on migration management


### 1. where the commission , on the basis of the analysis carried out in accordance with article 25a(2) or (4) of regulation (eu) no 810/2009 of the european parliament and of the council57 and of any other information available , considers that a third country is not cooperating sufficiently on the readmission of illegally staying third-country nationals , and without prejudice to article 25(a)(5) of that regulation , it shall submit a report to the council including , where appropriate , the identification of any measures which could be taken to improve the cooperation of that third country as regards readmission , taking into account the union’s overall relations with the third country. ### 1. the commission and the member states shall promote mutually beneficial partnerships and close cooperation with relevant third countries on migration management and the establishment of reception centres.


### 1. where the commission , on the basis of the analysis carried out in accordance with article 25a(2) or (4) of regulation (eu) no 810/2009 of the european parliament and of the council57 and of any other information available , considers that a third country is not cooperating sufficiently on the readmission of illegally staying third-country nationals , and without prejudice to article 25(a)(5) of that regulation , it shall submit a report to the council including , where appropriate , the identification of any measures which could be taken to improve the cooperation of that third country as regards readmission , taking into account the union’s overall relations with the third country. ### 1. the commission and the member states shall promote mutually beneficial partnerships and close cooperation with relevant third countries on migration management. in addition , the commission and member states shall ensure the integration of migration management in all relevant union policies , including the full application of the visa policy , as well as conditionality of development aid to promote readmission cooperation.