### 1. following receipt of notifications , submitted under article 27(1) , the commission may establish a consultation process , where appropriate , including joint meetings between the member state that is planning to reintroduce or prolong border control at internal borders , and the other member states , especially those directly affected by such measures and the relevant union agencies. ### 1. following receipt of notifications , submitted under article 27(1) , the commission may establish a consultation process , where appropriate , including joint meetings between the member state that is planning to reintroduce or prolong border control at internal borders , and the other member states , especially those directly affected by such measures and the relevant union agencies. such a consultation process shall be mandatory if requested by one or more of the member states directly affected.


### 5. where a member state considers that there are exceptional situations justifying the continued need for internal border controls in excess of the maximum period referred to in article 25(5) , it shall notify the commission in accordance with article 27(2). the new notification from the member state shall substantiate the continued threat to public policy or internal security , taking into account the opinion of the commission given pursuant to paragraph 3. the commission shall issue a follow up opinion. ### 5. where a member state considers that there is an extraordinary and exceptional situation that justifies the continued need for internal border controls in excess of the maximum period referred to in article 25a(5) , it shall notify the commission in accordance with article 27(2) of its intention to prolong the internal border controls for another 6 months. this notification shall be submitted at the latest four weeks before the prolongation. the new notification from the member state shall substantiate the continued threat to public policy or internal security , taking into account the opinion of the commission given pursuant to paragraph 3. the commission shall issue a follow up opinion. within two months after this notification , the commission shall adopt a recommendation on actions that can be taken to address the circumstances that justified the need for internal border controls. the commission shall inform the european parliament without delay.


### 1. where the commission , establishes that the same serious threat to internal security or public policy affects a majority of member states , putting at risk the overall functioning of the area without internal border , it may , make a proposal to the council to adopt an implementing decision authorising the reintroduction of border controls by member states where the available measures referred to in articles 23 and 23a are not sufficient to address the threat. ### 1. where the commission , by own initiative or by request of member states , establishes that the same serious threat to internal security or public policy that affects more than one member states , is putting at risk the overall functioning of the area without internal border , it may make a proposal to the council to adopt an implementing decision authorising the reintroduction of border controls by member states where the available measures referred to in articles 23 and 23a are not sufficient to address the threat.


### 5. the commission shall review the evolution of the identified threat as well as the impact of the measures adopted in accordance with the council decision referred to in paragraph 1 , with a view to assess whether the measures remain justified. ### 5. the commission shall on a regular basis review the evolution of the identified threat as well as the impact of the measures adopted in accordance with the council decision referred to in paragraph 1 , with a view to assess whether the measures remain justified.


### 6. member states shall immediately notify the commission and the other member states in the council of a reintroduction of border controls in accordance with the decision referred to in paragraph 1. ### 6. member states shall immediately notify the commission and the other member states in the council of a reintroduction of border controls in accordance with the decision referred to in paragraph 1. the commission shall immediately inform the european parliament.


### 6. the commission shall present to the european parliament and to the council , at least annually , a report on the functioning of the area without internal border control entitled (‘state of schengen report’). the report shall include a list of all decisions to reintroduce border control at internal borders taken during the relevant year. it shall also include information on the trends within the schengen area as regards the unauthorised movements of third country nationals , taking into account available information from the relevant union agencies , data analysis from relevant information systems and an assessment of the necessity and proportionality of the reintroductions of border controls in the period covered by that report. ### 6. the commission shall present to the european parliament and to the council , at least annually , a report on the functioning of the area without internal border control entitled (‘state of schengen report’). the report shall include a list of all decisions to reintroduce border control at internal borders taken during the relevant year. it shall also include information on the trends within the schengen area as regards the unauthorised movements of third country nationals , taking into account available information from competent national authorities of the member states , the relevant union agencies , information provided within the framework of the schengen evaluation and monitoring mechanism , data analysis from relevant information systems and an assessment of the necessity and proportionality of the reintroductions of border controls in the period covered by that report.


### (3) in recent years , the schengen area has been subject to unprecedented challenges , which by their nature were not confined to the territory of any single member state. such challenges underscored the fact that the preservation of public order and security in the schengen area is a shared responsibility requiring joined and coordinated action between member states and at union level. they also highlighted gaps in the existing rules governing the functioning of the schengen area both at external and internal borders and the need to create a stronger and more robust framework allowing for a more effective response to challenges faced by the schengen area. ### (3) in recent years , the schengen area has been subject to unprecedented challenges , such as the migratory crisis , the covid-19 pandemic , the increased number of irregular border crossing , the instrumentalisation of migrants and the humanitarian crisis caused by russia’s military invasion of ukraine. those challenges , by their nature , were not confined to the territory of any single member state. such challenges underscored the fact that the preservation of public order and security in the schengen area is a shared responsibility requiring joined and coordinated action between member states and at union level. they also highlighted gaps in the existing rules governing the functioning of the schengen area both at external and internal borders and the need to create a stronger and more robust framework allowing for a more effective response to challenges faced by the schengen area.


### (8) it is also necessary to reinforce the rules and safeguards in union law in order to allow member states to act swiftly to counter instances of instrumentalisation of migrants. such instrumentalisation should be understood as referring to a situation where a third country instigates irregular migratory flows to the union by actively encouraging or facilitating the arrival of third country nationals to the external borders of the member states , where such actions indicate an intention to destabilise the union as a whole or a member state and where the nature of such actions is liable to put at risk essential state functions , including its territorial integrity , the maintenance of law and order or the safeguard of its national security. ### (8) it is also necessary to reinforce the rules and safeguards in union law in order to allow member states to act swiftly to counter instances of instrumentalisation of migrants. such instrumentalisation should be understood as referring to a situation where a third country , or a non state actor , instigates irregular migratory flows to the union by actively encouraging or facilitating the arrival of third country nationals or stateless persons to the external borders , where such actions indicate an intention to destabilise the union as a whole or a member state and where the nature of such actions is liable to put at risk essential state functions , including its territorial integrity , the maintenance of law and order or the safeguard of its national security.


### (9) instrumentalisation of migrants can refer to situations where irregular travel of third country nationals has been actively encouraged or facilitated by a third country onto its own territory to reach the external border of the member states but can equally refer to the active encouragement or facilitation of irregular travel of third country nationals already present in that third country. instrumentalisation of migrants may also entail the imposition of coercive measures , intended to prevent the third country nationals from leaving the border areas of the instrumentalising third country , in a direction other than through a member state. ### (9) instrumentalisation of migrants can refer to situations where irregular travel of third country nationals has been actively encouraged or facilitated by a third country or non state actor onto its own territory to reach the external borders of the union but can equally refer to the active encouragement or facilitation of irregular travel of third country nationals already present in that third country. instrumentalisation of migrants may also entail the imposition of coercive measures , intended to prevent the third country nationals from leaving the border areas of the instrumentalising third country , in a direction other than through a member state.


### (11) at the same time , in addition to these measures , it is equally necessary to further reinforce the current rules in relation to external border controls and border surveillance. to further assist the member state facing an instrumentalisation of migrants , regulation (eu) xxx/xxx complements the rules on border control by providing for specific measures in the area of asylum and return , while respecting the fundamental rights the individuals concerned and in particular by ensuring the respect of the right to asylum and providing the necessary assistance by the un agencies and other relevant organisations. ### (11) at the same time , in addition to these measures , it is equally necessary to further reinforce the current rules in relation to external border controls and border surveillance. to further assist the member state facing an instrumentalisation of migrants , regulation (eu) xxx/xxx complements the rules on border control by providing for specific measures in the area of asylum and return , while respecting the fundamental rights of the individuals concerned and in particular by ensuring the respect of the right to asylum and providing the necessary assistance by the un agencies and other relevant organisations.


### (15) moreover , in the event of instrumentalisation of migrants , the member state concerned should reinforce border control , including , as appropriate , through additional measures preventing illegal crossings and the deployment of additional resources and technical means to prevent unauthorised crossing of the border. such technical means could include modern technologies including drones and motion sensors , as well as mobile units. the use of such technical means , in particular , any technologies capable of collecting personal data , needs to be based on and exercised in accordance with clearly defined provisions of national law. ### (15) moreover , in the event of instrumentalisation of migrants , the member state concerned should reinforce border control , including , as appropriate , through additional measures preventing illegal crossings and the deployment of additional resources and technical means to prevent unauthorised crossing of the border. such technical means could include physical infrastructure as well as modern technologies including drones , motion sensors and mobile units. the use of such technical means , in particular , any technologies capable of collecting personal data , needs to be based on and exercised in accordance with clearly defined provisions of national law.


### (17) in an area without internal border controls , persons should be able to move freely , and in security between member states. in this regard , it should be clarified that the prohibition of controls at internal borders does not affect the competence of member states to carry out checks on their territory , including at their internal borders , for purposes other than border control. it should , in particular , be clarified that national competent authorities , including health or law enforcement authorities , remain , in principle , free to carry out checks in the exercise of public powers provided for under national law. ### (17) in an area without internal border controls , persons should be able to move freely , and in security between member states. in this regard , it should be clarified that the prohibition of controls at internal borders does not affect the competence of member states to carry out checks on their territory , including at their internal border areas , for purposes other than border control. it should , in particular , be clarified that national competent authorities , including health or law enforcement authorities , remain free to carry out checks in the exercise of public powers provided for under national law.


### (18) while the prohibition of internal border controls also extends to checks having equivalent effects , checks by competent authorities should not be considered equivalent to the exercise of border checks where they do not have border control as an objective , where they are based on general information and experience of the competent authorities regarding possible threats to public security or public policy , including where they aim to combat irregular stay or residence and cross-border crimes linked to irregular migration , where they are devised and executed in a manner clearly distinct from systematic checks on persons at the external borders , and where they are conducted at transport hubs , such as ports , train or bus stations and airports or directly on board of passenger transport services , and where they are based on risk analysis. ### (18) while the prohibition of internal border controls also extends to checks having equivalent effects , checks by competent authorities shall not be considered equivalent to the exercise of border checks where they do not have border control as an objective , where they are based on general information and experience of the competent authorities regarding possible threats to public policy or internal security , including where they aim to combat illegal migration and cross-border crimes linked to illegal migration , where they are devised and executed in a manner clearly distinct from systematic checks on persons at the external borders , and where they are conducted at transport hubs , such as ports , train or bus stations and airports or directly on board of passenger transport services , and where they are based on risk analysis.


### (19) while irregular migratory flows should not , per se , be considered to be a threat to public policy or internal security , they may require additional measures to ensure the functioning of the schengen area. ### (19) while irregular migratory flows should not , per se , be considered to be a threat to public policy or internal security , they may require additional measures to ensure the functioning of the schengen area , specially when resulting in large scale unauthorised movements of irregular migrants.


### (20) the combatting of illegal residence or stay and of cross-border crime linked to irregular migration such as human trafficking , migrant smuggling and document fraud and other forms of cross-border crime could in particular encompass measures allowing the verification of the identity , nationality and residence status of persons provided that such verifications are non-systematic and carried out on the basis of risk analysis. ### (20) the combatting of illegal residence or stay and of cross-border crime linked to illegal migration such as human trafficking , migrant smuggling and document fraud and other forms of cross-border crime could in particular encompass measures allowing the verification of the identity , nationality and residence status of persons provided that such verifications are non-systematic and carried out on the basis of risk analysis.


### (27) the transfer procedure provided for under this regulation should not affect the existing possibility for member states to return irregular third country nationals in accordance with bilateral agreements or arrangements referred to in article 6(3) of directive 2008/115/ec (the “return directive”) , where such persons are detected outside of the vicinity of internal borders. in order to facilitate the application of such agreements , and to complement the objective of protecting the area without internal borders , the member states should be afforded the possibility to conclude new agreements or arrangements and update existing ones. the commission should be notified of any such modifications or updates of new agreements or arrangements. where a member state has taken back a third country national under the procedure provided for in this regulation or on the basis of a bilateral agreement or arrangement , the member state concerned should be required to issue a return decision in accordance with the return directive. in order to ensure consistency between the new procedures provided for in this regulation and existing rules on the return of third country nationals , a targeted modification of article 6(3) of the return directive is therefore necessary. ### (27) the transfer procedure provided for under this regulation should not affect the existing possibility for member states to return illegally staying third country nationals in accordance with bilateral agreements or arrangements referred to in article 6(3) of directive 2008/115/ec (the “return directive”) , where such persons are detected outside of the vicinity of internal borders. in order to facilitate the application of such agreements , and to complement the objective of protecting the area without internal borders , the member states should be afforded the possibility to conclude new agreements or arrangements and update existing ones. the commission should be notified of any such modifications or updates of new agreements or arrangements. where a member state has taken back a third country national under the procedure provided for in this regulation or on the basis of a bilateral agreement or arrangement , the member state concerned should be required to issue a return decision in accordance with the return directive. in order to ensure consistency between the new procedures provided for in this regulation and existing rules on the return of third country nationals , a targeted modification of article 6(3) of the return directive is therefore necessary.


### (30) while action at union level is provided for in circumstances where the nature of a threat derives from persistent serious deficiencies at the external borders , there is no union-wide mechanism that would apply to situations where , within the schengen area , a serious threat to internal security or public policy area is affecting a majority of member states , putting at risk the well-functioning of the schengen area. the gap should be filled by putting in place a new schengen area safeguard mechanism permitting coordinated solutions to protect the interests of persons entitled to benefit from the area without controls at internal borders , by maximising the effectiveness of the measures taken while minimising their negative side-effects. ### (30) while action at union level is provided for in circumstances where the nature of a threat derives from persistent serious deficiencies at the external borders , there is no union-wide mechanism that would apply to situations where , within the schengen area , a serious threat to internal security or public policy area is affecting more than one member state , putting at risk the well-functioning of the schengen area. the gap should be filled by putting in place a new schengen area safeguard mechanism permitting coordinated solutions to protect the interests of persons entitled to benefit from the area without controls at internal borders , by maximising the effectiveness of the measures taken while minimising their negative side-effects.


### (34) in order to ensure compliance with the principle of proportionality , the decision of the council should be adopted for a limited period of time of up to six months that may be prolonged subject to regular review upon a proposal from the commission , as long as the threat is found to persist. the initial decision should include an assessment of the expected impact of the measures adopted , including its adverse side-effects , with a view to determining if controls at internal borders are justified or whether less restrictive measures could be applied in their place in an effective manner. subsequent decisions should take account of the evolution of the identified threat. the member states should immediately notify the commission and the member states of the reintroduction of internal border controls in accordance with the decision of the council. ### (34) in order to ensure compliance with the principle of proportionality , the decision of the council should be adopted for a limited period of time of up to six months that may be prolonged subject to regular review upon a proposal from the commission , as long as the threat is found to persist. the initial decision should include an assessment of the expected impact of the measures adopted , including its adverse side-effects , with a view to determining if controls at internal borders are justified or whether less restrictive measures could be applied in their place in an effective manner. subsequent decisions should take account of the evolution of the identified threat. the member states should immediately notify the commission and the member states of the reintroduction of internal border controls in accordance with the decision of the council , and the european parliament should be immediately informed.


### (38) in order to limit harmful consequences resulting from the reintroduction of internal border controls , any decision to reintroduce internal border controls should be accompanied by mitigating measures if needed. such measures should include measures to assure a smooth operation of transit of goods and transport personnel and seafarers by the establishment of ‘green lanes’. in addition , and to take account of the need to ensure the movement of persons whose activities may be essential for preserving the supply chain or the provision of essential services , member states should also apply the existing guidelines on cross-border workers45 . against this background , the rules for the reintroduction of border controls at internal borders should take account of the guidelines and recommendations adopted throughout the covid-19 pandemic as a solid safety net for the single market , for the purpose of assuring that they are applied by the member states , where appropriate , as mitigating measures during reintroduced internal border controls. measures should in particular be identified with a view to ensuring the uninterrupted functioning of the single market and safeguarding the interests of cross-border regions and of ‘twin cities’ including for instance authorisations or derogations for the inhabitants of cross-border regions. ### (38) in order to limit harmful consequences resulting from the reintroduction of internal border controls , any decision to reintroduce internal border controls should be accompanied by mitigating measures. such measures should include measures to assure a smooth operation of transit of goods and transport personnel and seafarers by the establishment of ‘green lanes’. in addition , and to take account of the need to ensure the movement of persons whose activities may be essential for preserving the supply chain or the provision of essential services , member states should also apply the existing guidelines on cross-border workers45 . against this background , the rules for the reintroduction of border controls at internal borders should take account of the guidelines and recommendations adopted throughout the covid-19 pandemic as a solid safety net for the single market , for the purpose of assuring that they are applied by the member states , where appropriate , as mitigating measures during reintroduced internal border controls. measures should in particular be identified with a view to ensuring the uninterrupted functioning of the single market and safeguarding the interests of cross-border regions and of ‘twin cities’ including for instance authorisations or derogations for the inhabitants of cross-border regions.


### (42) in order to ensure a sufficient degree of transparency of the actions affecting travel without internal border controls , the member states should also inform the european parliament and the council about the main elements concerning the planned reintroduction of border controls. in justified cases , member states may also classify such information. every year , pursuant to article 33 of the schengen borders code , the commission should present to the european parliament and to the council a report on the functioning of the area without internal border control (‘state of schengen report’) which should pay particular attention to the situation as regards the unauthorised movements of third country nationals , building on the available information from the relevant agencies and data analysis from relevant information systems. it should also assess the necessity and proportionality of the reintroductions of border controls in the period covered by that report. the state of schengen report shall also cover the reporting obligations resulting from article 20 of the schengen evaluation mechanism46 . ### (42) in order to ensure a sufficient degree of transparency of the actions affecting travel without internal border controls , the member states should also inform the european parliament and the council about the main elements concerning the planned reintroduction of border controls. in justified cases , member states may also classify such information. every year , pursuant to article 33 of the schengen borders code , the commission should present to the european parliament and to the council a report on the functioning of the area without internal border control (‘state of schengen report’) which should pay particular attention to the situation as regards the unauthorised movements of third country nationals , building on the available information from competent national authorities of the member states , the relevant agencies and data analysis from relevant information systems. it should also assess the necessity and proportionality of the reintroductions of border controls in the period covered by that report. the state of schengen report shall also cover the reporting obligations resulting from article 20 of the schengen evaluation mechanism46 .


### (44) the commission and member states should retain the possibility to express any concern as regards the necessity and proportionality of a decision of a member state to reintroduce internal border controls for reason of urgency or to address a foreseeable threat. in case controls at internal borders are reintroduced and prolonged for foreseeable threats for combined periods exceeding eighteen months , it should be a requirement for the commission to issue an opinion assessing the necessity and proportionality of such internal border controls. where a member state considers that there are exceptional situations justifying the continued need for internal border controls for a period exceeding two years , the commission should issue a follow-up opinion. such an opinion is without prejudice to the enforcement measures , including infringement actions , which the commission may take at any time against any member state for failure to comply with its obligations under union law. where an opinion is issued , the commission should launch consultations with the member states concerned. ### (44) the commission and member states should retain the possibility to express any concern as regards the necessity and proportionality of a decision of a member state to reintroduce internal border controls for reason of urgency or to address a foreseeable threat. in case controls at internal borders are reintroduced and prolonged for foreseeable threats for combined periods exceeding eighteen months , it should be a requirement for the commission to issue an opinion assessing the necessity and proportionality of such internal border controls. where a member state considers that there are exceptional situations justifying the continued need for internal border controls for a period exceeding thirty months , the commission should issue a follow-up opinion. such an opinion is without prejudice to the enforcement measures , including infringement actions , which the commission may take at any time against any member state for failure to comply with its obligations under union law. where an opinion is issued , the commission should launch consultations with the member states concerned.


### a flag indicating , for the purpose of [regulation (eu) 2018/1240 and of article 11 and 12 of regulation (eu) …/… [regulation on screening] , that the third-country national concerned has been convicted for a terrorist offence or any other criminal offence listed in the annex to regulation (eu) 2018/1240 if they are punishable under national law by a custodial sentence or a detention order for a maximum period of at least three years , and in those cases the code of the convicting member state(s).’; ### a flag indicating , for the purpose of [regulation (eu) 2018/1240 and of article 11 and 12 of regulation (eu) …/… [regulation on screening] , that the third-country national concerned has been convicted for a terrorist offence or any other criminal offence listed in the annex to regulation (eu) 2018/1240 if they are punishable under national law by a custodial sentence or a detention order for a maximum period of at least one year , and in those cases the code of the convicting member state(s).’;


### 1. welcomes the fact that the court of auditors (the ‘court’) has declared the transactions underlying the annual accounts of the fundamental rights agency (‘fra’) for the financial year 2019 to be legal and regular in all material respects; welcomes the fact that the budget of fra increased from eur 29 million in 2019 to eur 30 million in 2020 returning to the state of 2018; regrets the staff decrease from 114 to 105 (-7.9%) during the same time; ### 1. welcomes the fact that the court of auditors (the ‘court’) has declared the transactions underlying the annual accounts of the fundamental rights agency (‘fra’) for the financial year 2020 to be legal and regular in all material respects and that its financial position at 31 december 2020 is fairly presented; welcomes the fact that the budget of fra increased from eur 29 million in 2019 to eur 30 million in 2020 returning to the state of 2018; regrets the staff decrease from 114 to 105 (-7.9%) during the same time;


### 1. welcomes the fact that the court of auditors (the ‘court’) has declared the transactions underlying the annual accounts of the fundamental rights agency (‘fra’) for the financial year 2019 to be legal and regular in all material respects; welcomes the fact that the budget of fra increased from eur 29 million in 2019 to eur 30 million in 2020 returning to the state of 2018; regrets the staff decrease from 114 to 105 (-7.9%) during the same time; ### 1. welcomes the fact that the court of auditors (the ‘court’) has declared the transactions underlying the annual accounts of the fundamental rights agency (‘fra’) for the financial year 2020 to be legal and regular in all material respects; welcomes the fact that the adopted budget of fra increased from eur 22 ,4 million in 2019 to eur 23 ,7 million in 2020; notes that the establishment plan has been kept at a constant level during the same time;


### 2. reiterates its regrets that the levels of commitment carry-overs for operational expenditure remained high and even increased from 60 % in 2019 to 83% in 2020; acknowledges that these carry-overs mainly reflect the nature of fra’s core activities that include the financing of studies and other activities that span several months and eventually beyond year-end; welcomes that fra has established a monitoring tool on planned carry overs from one year to the next; ### 2. notes that the levels of commitment carry-overs for operational expenditure remained high and even increased from 60 % in 2019 to 83% in 2020; acknowledges that these carry-overs mainly reflect the nature of fra’s core activities that include the financing of studies and other activities that span several months and eventually beyond year-end; welcomes that fra has established a monitoring tool on planned carry overs from one year to the next;


### 3. underlines the important role of fra in helping to ensure that the fundamental rights of people living in the union are promoted and protected; recalls the importance of fra in promoting a reflection on security and fundamental rights; highlights , in particular , the value of fra’s studies and opinions for the development and implementation of union law; ### 3. underlines the important role of fra in helping to ensure that the fundamental rights of people living in the union are promoted and protected; recalls the importance of fra in promoting a reflection on the proper balance between security and fundamental rights; highlights , in particular , the value of fra’s studies and opinions for the development and implementation of union law; recalls fra's commitment on the protection of vulnerable groups and against any form of discrimination;


### 4. notes with satisfaction that fra responded to the covid-19 pandemic by publishing six bulletins , which provided a timely and comprehensive overview of the fundamental rights implications of national measures adopted across the union to safeguard citizens from the covid-19; ### 4. notes with satisfaction that fra responded to the covid-19 pandemic by publishing six bulletins , which provided a timely and comprehensive overview of the fundamental rights implications of national measures adopted across the union to safeguard citizens from the covid-19; welcomes that despite the challenges posed by the covid-19 pandemic , fra produced 163 079 materials and tools related to awareness-raising activities which is well above target set for 2020; appreciates the increased media presence of fra;


### 7. notes the gender balance among the agency’s senior management members , with 3 out of 6 members (50%) being of the same gender; notes the gender balance among the agency’s management board members , with 30 out of 50 members (60%) being women; further notes the gender balance within the agency’s overall staff , with 53 out of 102 members (51 ,96%) being women; ### 7. welcomes the gender balance among the agency’s senior management members , with 3 out of 6 members (50%) being of the same gender and within the agency’s overall staff , with 53 out of 102 members (51 ,96%) being women; notes the gender distribution among the agency’s management board members , with 30 out of 50 members (60%) being women; asks the commission and the member states to take into account the importance of ensuring gender balance when nominating their members to the agency’s management board;


### 1. welcomes the fact that the court of auditors ('the court') has declared the transactions underlying the annual accounts of the european asylum support office (the 'office') for the financial year 2020 to be legal and regular in all material aspects; notes that the office's budget increased from 118 to eur 149 million (an increase of 18 ,6%) between 2019 and 2020 , while members of staff increased from 296 to 380 (an increase of 28 ,4%) within the same period; ### 1. welcomes the fact that the court of auditors ('the court') has declared the transactions underlying the annual accounts of the european asylum support office (the 'office') for the financial year 2020 to be legal and regular in all material aspects and that its financial position at 31 december 2020 is fairly presented; notes that the office's budget increased from 118 to eur 149 million (an increase of 18 ,6%) between 2019 and 2020 , while members of staff increased from 296 to 380 (an increase of 28 ,4%) within the same period;


### 2. welcomes the downward trend in the number of interim workers compared to the total number of staff; highlights that one of the reasons underlying the dependency on interim staff was also the delay of the adoption and entry into force of the regulation establishing a european union agency for asylum (the ‘regulation’); welcomes that an agreement has been reached in this regard and that the new legal framework will allow the new agency to employ remunerated experts; underlines that in order to decrease this dependency , the office carried out an active dialogue with the commission; regrets that only short term solutions could be identified and that the office was allowed to employ 58 contractual agents in 2020 only for a period of one year , until the envisaged adoption of the regulation; notes however , that due to the delay in the adoption of the regulation , the office found itself in a difficult situation , as the agreement did not allow it to extend these contracts until the entry into force of the new legal framework; notes with regret a serious lack of foresight on behalf of the commission when designing and allocating these posts to the office; underlines that the situation created had a negative impact on the recruitment capabilities and activities of the office; ### 2. notes with satisfaction the increasing occupancy rate of the office which is expected to reach 90% at the end of 2021 and the decrease of the staff turnover to 5 ,73% in 2020; welcomes the downward trend in the number of interim workers compared to the total number of staff; highlights that one of the reasons underlying the dependency on interim staff was also the delay of the adoption and entry into force of the regulation establishing a european union agency for asylum (the ‘regulation’); welcomes that an agreement has been reached in this regard and that the new legal framework will allow the new agency to employ remunerated experts; underlines that in order to decrease this dependency , the office carried out an active dialogue with the commission; regrets that only short term solutions could be identified and that the office was allowed to employ 58 contractual agents in 2020 only for a period of one year , until the envisaged adoption of the regulation; notes however , that due to the delay in the adoption of the regulation , the office found itself in a difficult situation , as the agreement did not allow it to extend these contracts until the entry into force of the new legal framework; notes with regret a serious lack of foresight on behalf of the commission when designing and allocating these posts to the office; underlines that the situation created had a negative impact on the recruitment capabilities and activities of the office;


### 9. notes that the office has 10 men (83 ,3 %) and 2 women (16 ,7 %) in its senior management , that the total staff is composed of 186 men (38 ,0 %) and 304 women (62 ,0 %) and that the management board is composed of 21 men (67 ,7 %) and 10 women (32 ,3 %); ### 9. notes with concern that the office has 10 men (83 ,3 %) and 2 women (16 ,7 %) in its senior management , that the total staff is composed of 186 men (38 ,0 %) and 304 women (62 ,0 %) and that the management board is composed of 21 men (67 ,7 %) and 10 women (32 ,3 %); asks the office to ensure gender balance at the senior management and staff level in the future; asks the commission and the member states to take into account the importance of ensuring gender balance when nominating their members to the office’s management board;


### (2) article 20(2) , point (b) and article 22(2) of the of the treaty on the functioning of the european union (tfeu) confers on union citizens residing in a member state of which they are not nationals the right to vote and to stand as a candidate in elections to the european parliament in their member state of residence under the same conditions as nationals of the host member state. the right , which is also affirmed in article 39 of the charter of fundamental rights of the european union (charter) gives specific expression to the principle of equality and non-discrimination on grounds of nationality set out in article 21. it is also a corollary of the right to move and reside freely enshrined in article 20(2) point (a) and article 21 tfeu and article 45 of the charter. ### (2) article 20(2) , point (b) and article 22(2) of the treaty on the functioning of the european union (tfeu) confers on union citizens residing in a member state of which they are not nationals the right to vote and to stand as a candidate in elections to the european parliament in their member state of residence under the same conditions as nationals of the host member state. the right , which is also affirmed in article 39 of the charter of fundamental rights of the european union (charter) gives specific expression to the principle of equality and non-discrimination on grounds of nationality set out in article 21. it is also a corollary of the right to move and reside freely enshrined in article 20(2) point (a) and article 21 tfeu and article 45 of the charter.


### (3) the detailed arrangements governing the exercise of the right to vote and to stand as a candidate in elections to the european parliament are set out in council directive 93/109/ec. ### (3) the detailed arrangements governing the exercise of the right to vote and to stand as a candidate in elections to the european parliament for union citizens residing in a member state of which they are not nationals are set out in council directive 93/109/ec. these provisions should be in accordance with article 223 (1) tfeu and the provisions in force for its implementation.


### (4) in its the eu citizenship report 202024 , the commission stressed the need to update , clarify and strengthen the rules on the exercise of the right to vote and to stand as a candidate in elections to the european parliament in order to ensure that they support the broad and inclusive participation of mobile eu citizens. taking also into account the experience gained in the application of council directive 93/109/ec to successive elections and the changes introduced by the amendments to the treaties , several of the provisions of that directive should be updated. ### (4) in its eu citizenship report 202024 , the commission stressed the need to update , clarify and strengthen the rules on the exercise of the right to vote and to stand as a candidate in elections to the european parliament in order to ensure that they support the broad and inclusive participation of union citizens residing in a member state of which they are not nationals. taking also into account the experience gained in the application of council directive 93/109/ec to successive elections and the changes introduced by the amendments to the treaties , several of the provisions of that directive should be updated.


### (5) article 20 (2) tfeu is without prejudice to article 223(1) tfeu , which provides for the establishment of a uniform procedure in all member states in accordance with principles common to all member states for those elections. ### (5) article 20 (2) tfeu is without prejudice to article 223(1) tfeu , which provides for the establishment of a uniform procedure in all member states in accordance with principles common to all member states for the election of members of the european parliament.


### (6) in order to ensure that union citizens who reside in a member state of which they are not nationals (“non-national union citizens”) are able to exercise their right to vote and to stand as candidates in elections to the european parliament under the same conditions as nationals of their host member state , the conditions governing registration and participation in such elections should be clarified in order to ensure equal treatment between national and non-national union citizens. in particular , union citizens seeking to vote and to stand as candidates in elections to the european parliament in their member state of residence should be treated equally as regards any periods of residence that are to be fulfilled as a condition for the exercise of the right , as well the proofs for demonstrating compliance with such a condition. ### (6) in order to ensure that union citizens who reside in a member state of which they are not nationals (“non-national union citizens”) are able to exercise their right to vote and to stand as candidates in elections to the european parliament under the same conditions as nationals of their host member state , the conditions governing registration and participation in such elections should be clarified in order to ensure equal treatment between national and non-national union citizens. in particular , union citizens seeking to vote and to stand as candidates in elections to the european parliament in their member state of residence should be treated equally to nationals of that member state as regards any periods of residence that are to be fulfilled as a condition for the exercise of the right , as well as the proofs for demonstrating compliance with such a condition.


### (1) directive (eu) 2016/680 of the european parliament and of the council9 provides for harmonised rules for the protection and the free movement of personal data processed for the purposes of the prevention , investigation , detection or prosecution of criminal offences or execution of criminal penalties , including the safeguarding against , and the prevention of threats to public security. the directive requires the commission to review relevant other acts of union law in order to assess the need to align them with that directive and to make , where necessary , the proposals to amend those acts to ensure a consistent approach to the protection of personal data falling within the scope of that directive. ### (1) directive (eu) 2016/680 of the european parliament and of the council9 provides for harmonised rules for the protection and the free movement of personal data processed for the purposes of the prevention , investigation , detection or prosecution of criminal offences or execution of criminal penalties , including the safeguarding against , and the prevention of threats to public security. that directive requires member states to process personal data in a manner that ensures appropriate security of the personal data. the directive requires the commission to review relevant other acts of union law in order to assess the need to align them with that directive and to make , where necessary , the proposals to amend those acts to ensure a consistent approach to the protection of personal data falling within the scope of that directive.


### (2) according to regulation (eu) 2021/953 , test certificates are to be issued based on two types of tests for sars-cov-2 infection , namely molecular nucleic acid amplification tests (‘naat’) , including those using reverse transcription polymerase chain reaction (‘rt-pcr’) , and rapid antigen tests , which rely on detection of viral proteins (antigens) using a lateral flow immunoassay that gives results in less than 30 minutes , provided they are carried out by health professionals or by skilled testing personnel. however , regulation (eu) 2021/953 does not cover antigenic assays , such as enzyme-linked immunosorbent assays or automated immunoassays , which test for antigens in a laboratory setting. as of july 2021 , the technical working group on covid-19 diagnostic tests2 , responsible for preparing updates to the common list of covid-19 rapid antigen tests3 agreed by the health security committee established by article 17 of decision no 1082/2013/eu of the european parliament and of the council4 , also reviews proposals put forward by member states and manufacturers for covid-19 laboratory-based antigenic assays. those proposals are assessed against the same criteria as those used for rapid antigen tests , and the health security committee has established a list of the laboratory-based antigenic assays that meet those criteria. as a result , and in an effort to enlarge the scope of the different types of diagnostic tests that may be used as the basis for the issuance of an eu digital covid certificate , the definition for rapid antigen tests should be adapted to include laboratory-based antigenic assays. it should thus be possible for member states to issue test certificates on the basis of the antigen tests included in the eu common list agreed , and regularly updated , by the health security committee as meeting the established quality criteria. ### (2) according to regulation (eu) 2021/953 , test certificates are to be issued based on two types of tests for sars-cov-2 infection , namely molecular nucleic acid amplification tests (‘naat’) , including those using reverse transcription polymerase chain reaction (‘rt-pcr’) , and rapid antigen tests , which rely on detection of viral proteins (antigens) using a lateral flow immunoassay that gives results in less than 30 minutes , provided they are carried out by health professionals or by skilled testing personnel. however , regulation (eu) 2021/953 does not cover antigenic assays , such as enzyme-linked immunosorbent assays or automated immunoassays , which test for antigens in a laboratory setting. as of july 2021 , the technical working group on covid-19 diagnostic tests2 , responsible for preparing updates to the common list of covid-19 rapid antigen tests3 agreed by the health security committee established by article 17 of decision no 1082/2013/eu of the european parliament and of the council4 , also reviews proposals put forward by member states and manufacturers for covid-19 laboratory-based antigenic assays. those proposals are assessed against the same criteria as those used for rapid antigen tests , and the health security committee has established a list of the laboratory-based antigenic assays that meet those criteria. as a result , and in an effort to enlarge the scope of the different types of diagnostic tests that may be used as the basis for the issuance of an eu digital covid certificate , the definition for rapid antigen tests should be adapted to include laboratory-based antigenic assays. it should thus be possible for member states to issue test certificates on the basis of the antigen tests included in the eu common list agreed , and regularly updated , by the health security committee as meeting the established quality criteria. the use of antigen tests for the issuance of recovery certificates pursuant to commission delegated regulation (eu) 2022/2564a entails an increased risk for the issuance of recovery certificates for false positive tests. the possibility for member states to use antigen tests for the issuance of recovery certificates should hence be understood as a possibility when the availability of naat tests is scarce due to a high number of infections in the area concerned or another reason.


### (7) after a peak in omicron cases , a high proportion of the population is expected to enjoy , at least for a certain period , protection from covid-19 either due to vaccination or prior infection , or both. however , it is not possible to predict the impact of a possible increase in infections in the second half of 2022. in addition , the possibility of a worsening of the pandemic situation because of the emergence of new sars-cov-2 variants of concern cannot be ruled out. as also noted by ecdc , significant uncertainties remain at this stage of the covid-19 pandemic. ### (7) after a peak in omicron cases , a high proportion of the population is expected to enjoy , at least for a certain period , protection from covid-19 either due to vaccination or prior infection , or both. however , it is not possible to predict the impact of a possible increase in infections in the second half of 2022. in addition , the possibility of a worsening of the pandemic situation because of the emergence of new sars-cov-2 variants of concern cannot be ruled out. as also noted by ecdc , the european data protection board and the european data protection supervisor , significant uncertainties remain at this stage of the covid-19 pandemic justifying the extension of the period of application of regulation (eu) 2021/953.


### (12) given the urgency of the situation related to the covid-19 pandemic , this regulation should enter into force on the third day following that of its publication in the official journal of the european union. ### deleted


### (13) the european data protection supervisor and the european data protection board were consulted in accordance with article 42 of regulation (eu) 2018/1725 and delivered a joint opinion on xxxx11 , ### (13) the european data protection supervisor and the european data protection board were consulted in accordance with article 42 of regulation (eu) 2018/1725 and delivered a joint opinion on 14 march 202211 ,


### 1. welcomes the fact that the court of auditors (the ‘court’) has declared the transactions underlying the annual accounts of the european union agency for the operational management of large-scale it systems in the area of freedom , security and justice (the ‘agency’) for the financial year 2020 to be legal and regular in all material respects; highlights that in 2020 the agency's budget increased from eur 219 million to eur 256 million (an increase of 16 ,9 %) and its staff from 223 to 274 (an increase of 22 ,9 %); ### 1. welcomes the fact that the court of auditors (the ‘court’) has declared the transactions underlying the annual accounts of the european union agency for the operational management of large-scale it systems in the area of freedom , security and justice (the ‘agency’) for the financial year 2020 to be legal and regular in all material respects and that its financial position at 31 december 2020 is fairly presented; highlights that in 2020 the agency's budget increased from eur 219 million to eur 256 million (an increase of 16 ,9 %) and its staff from 223 to 274 (an increase of 22 ,9 %);


### 2. acknowledges that the court issued a qualified audit opinion with respect to the legality and regularity of the payments underlying the accounts of the agency for the 2020; notes the court’s explanation that the qualified opinion was issued in relation to two payments that were considered not compliant to the provisions of framework contracts , amounting in total to eur 10 405 074 in 2020 , representing 4 ,1 % of the total payment appropriations available in 2020; takes note of the agency’s reply that the largest irregular payment was connected to an administrative omission regarding the acquisition of software different from the software offered by the contractor in the tender for the associated framework contract; notes the agency’s explanation that the need to change one of the auxiliary software products used in the operation of the shared biometric matching system (sbms) was of a pure operational nature , with the purpose of reducing the duplication of training and support efforts , ultimately reducing the overall operational costs for the agency; underlines that following the issuance of the court’s observation , the agency responded promptly , signing an amendment to the framework contract in order to rectify the initial omission; points out that shortcomings in dedicated administrative positions may have a negative impact on the functioning of the procurement procedures within the agency; invites the commission and the agency to engage in an active dialogue on improving the agency’s establishment plan , especially with respect to the level at which posts are allocated; ### 2. acknowledges that the court issued a qualified audit opinion with respect to the legality and regularity of the payments underlying the accounts of the agency for the 2020; notes the court’s explanation that the qualified opinion was issued in relation to two payments that were considered not compliant to the provisions of framework contracts , amounting in total to eur 10 405 074 in 2020 , representing 4 ,1 % of the total payment appropriations available in 2020 which exceeds the materiality threshold set for the audit; takes note of the agency’s reply that the largest irregular payment was connected to an administrative omission regarding the acquisition of software different from the software offered by the contractor in the tender for the associated framework contract; notes the agency’s explanation that the need to change one of the auxiliary software products used in the operation of the shared biometric matching system (sbms) was of a pure operational nature , with the purpose of reducing the duplication of training and support efforts , and that non-compliance did not result in any prejudice to the financial interests of the agency or the union; regrets , however , that the agency did not follow procurement procedures , especially considering the large amount involved; underlines that following the issuance of the court’s observation , the agency responded promptly , signing an amendment to the framework contract in order to rectify the initial omission; points out that shortcomings in dedicated administrative positions may have a negative impact on the functioning of the procurement procedures within the agency; calls on the agency to ensure that procurement procedures are always respected; invites the commission and the agency to engage in an active dialogue on improving the agency’s establishment plan , especially with respect to the level at which posts are allocated;


### 3. welcomes the significant decrease in carry-overs as compared to the agency’s very low budget implementation in 2019 (55 % of appropriations in the final adopted budget); regrets that the rate of carry-overs remain substantial compared to the total budget , especially with regards to title ii (59 ,4 %) and title iii (23 %); calls on the agency to further ensure the respect of the principle of annuality; ### 3. welcomes the significant decrease in carry-overs as compared to the agency’s very low budget implementation in 2019 (55 % of appropriations in the final adopted budget); regrets that the rate of carry-overs remain substantial compared to the total budget , especially with regards to title ii (59 ,4 %) and title iii (23 %); notes the conclusion of the court that even though the nature of the agency's operations may spill over to the following year , the large amount of carry-over from the above mentioned titles is indicative of various structural issues affecting compliance with the agency's financial rules; calls on the agency to address those issues and to further ensure the respect of the principle of annuality;


### 4. welcomes that despite the covid-19 pandemic , the agency ensured the uninterrupted availability of the existing large-scale it systems (sis , vis , eurodac) and made further progress with the implementation of ees , etias and the interoperability package; ### 4. welcomes that despite the covid-19 pandemic , which influenced the agency's business continuity , the agency ensured the uninterrupted availability of the existing large-scale it systems (sis , vis , eurodac) and made further progress with the implementation of ees , etias and the interoperability package;


### 7. notes with concern the composition of the agency’s senior management with respect to gender , with two men (100 %) and no women , of the management board with 44 men (81 ,5 %) and 10 women (18 ,5 %) , and within the staff overall with 184 men (69 ,7 %) and 80 women (30 ,3 %); ### 7. notes with concern the composition of the agency’s senior management with respect to gender , with two men (100 %) and no women , of the management board with 44 men (81 ,5 %) and 10 women (18 ,5 %) , and within the staff overall with 184 men (69 ,7 %) and 80 women (30 ,3 %); asks the agency to ensure gender balance at the management and staff levels in the future; asks the commission and the member states to take into account the importance of ensuring gender balance when nominating their members to the agency’s management board;


### 1. this regulation addresses situations of crisis and force majeure in the field of migration and asylum within the union and provides for specific rules derogating from those set out in regulations (eu) xxx/xxx [asylum and migration management] and (eu) xxx/xxx [asylum procedures regulation] and in directive xxx [recast return directive]. ### 1. this regulation addresses situations of crisis and force majeure in the field of migration and asylum within the union and provides for specific rules derogating from those set out in regulations (eu) xxx/xxx [asylum and migration management] and (eu) xxx/xxx [asylum procedures regulation] and in directive xxx [recast return directive] , when these regulations are not sufficient to deal with a situation of crisis and force majeure.


### an exceptional situation of mass influx of third-country nationals or stateless persons arriving irregularly in a member state or disembarked on its territory following search and rescue operations , being of such a scale , in proportion to the population and gdp of the member state concerned , and nature , that it renders the member state’s asylum , reception or return system non-functional and can have serious consequences for the functioning the common european asylum system or the common framework as set out in regulation (eu) xxx/xxx [asylum and migration management] , or ### an exceptional situation of mass influx of third-country nationals or stateless persons arriving irregularly in a member state or disembarked on its territory following search and rescue operations , being of such a scale and nature , that it renders the member state’s asylum , reception or return system non-functional , and the regulation (eu) xxx/xxx [asylum procedures regulation] and regulation (eu) xxx/xxx [asylum and migration management regulation] is not sufficient to address the situation , which can have serious consequences for the functioning the common european asylum system or the common framework as set out in regulation (eu) xxx/xxx [asylum and migration management] , or


### an exceptional situation of mass influx of third-country nationals or stateless persons arriving irregularly in a member state or disembarked on its territory following search and rescue operations , being of such a scale , in proportion to the population and gdp of the member state concerned , and nature , that it renders the member state’s asylum , reception or return system non-functional and can have serious consequences for the functioning the common european asylum system or the common framework as set out in regulation (eu) xxx/xxx [asylum and migration management] , or ### an exceptional situation of mass influx of third-country nationals or stateless persons arriving illegally in a member state , being of such a scale , in proportion to the population and gdp of the member state concerned , and nature , that it renders the member state’s asylum , reception or return system non-functional and can have serious consequences for the functioning the common european asylum system or the common framework as set out in regulation (eu) xxx/xxx [asylum and migration management] , or


### 1. for the purpose of providing solidarity contributions for the benefit of a member state in situations of crisis as set out in article 1(2)(a) , part iv of regulation (eu) xxx/xxx [asylum and migration management] shall apply mutatis mutandis , with the exception of article 45(1) , point (d) , article 47 , article 48 , article 49 , article 51(3)(b)(iii) and (4) , article 52(2) and (5) and article 53(2) , second and third subparagraphs. ### 1. for the purpose of providing solidarity contributions for the benefit of a member state in situations of crisis as set out in article 1(2)(a) , part iv of regulation (eu) xxx/xxx [asylum and migration management] shall apply mutatis mutandis. the form of solidarity contributions should be based on the free choice of each contributing member state , tailored to their individual capabilities and taking into account their national specificities.


### 1. for the purpose of providing solidarity contributions for the benefit of a member state in situations of crisis as set out in article 1(2)(a) , part iv of regulation (eu) xxx/xxx [asylum and migration management] shall apply mutatis mutandis , with the exception of article 45(1) , point (d) , article 47 , article 48 , article 49 , article 51(3)(b)(iii) and (4) , article 52(2) and (5) and article 53(2) , second and third subparagraphs. ### 1. for the purpose of providing solidarity contributions for the benefit of a member state in situations of crisis as set out in article 1(2)(a) , part iv of regulation (eu) xxx/xxx [asylum and migration management] shall apply mutatis mutandis , with the exception of article 45(1) , point (d) , article 51(3)(b)(iii) and (4) , article 52(2) and (5) and article 53(2) , second and third subparagraphs.


### 2. by way of derogation from article 50(3) , the assessment referred to in that paragraph shall cover the situation in the member state concerned during the preceding [one] month. ### 2. by way of derogation from article 50(3) , the assessment referred to in that paragraph shall cover the situation in the member state concerned during the preceding three months.


### 5. by way of derogation from article 51(3)(b)(ii) , article 52(1) and 52(3) first sub-paragraph and article 53(3)(a) of regulation (eu) xxx/xxx [asylum and migration management] , relocation shall include not only persons referred to in points (a) and (c) of article 45(1) of that regulation , but also persons referred to in points (a) and (b) of article 45(2). ### deleted


### 5. by way of derogation from article 51(3)(b)(ii) , article 52(1) and 52(3) first sub-paragraph and article 53(3)(a) of regulation (eu) xxx/xxx [asylum and migration management] , relocation shall include not only persons referred to in points (a) and (c) of article 45(1) of that regulation , but also persons referred to in points (a) and (b) of article 45(2). ### 5. by way of derogation from article 51(3)(b)(ii) , article 52(1) and 52(3) first sub-paragraph and article 53(3)(a) of regulation (eu) xxx/xxx [asylum and migration management] , mandatory relocation shall include not only persons referred to in points (a) and (c) of article 45(1) of that regulation , but also persons referred to in points (a) and (b) of article 45(2).


### 6. by way of derogation from article 54 of regulation (eu) xxx/xxx [asylum and migration management] , the share calculated in accordance with the formula set out in that article shall also apply to measures set out in article 45(2) , points (a) and (b) of that regulation. ### deleted


### 7. by way of derogation from article 55(2) of regulation (eu) xxx/xxx [asylum and migration management] , the deadline set therein shall be set at four months. ### deleted


### 1. where a member state considers that it is facing a crisis situation as referred to in article 1(2) , that member state shall submit a reasoned request to the commission for the purpose of applying the rules laid down in articles 4 , 5 or 6 as necessary. ### 1. where a member state considers that it is facing situation of crisis as referred to in article 1(2) , that member state shall without delay notify the commission , the european parliament and the council for the purpose of applying the rules laid down in articles 4 , 5 or 6 as necessary.


### 1. where a member state considers that it is facing a crisis situation as referred to in article 1(2) , that member state shall submit a reasoned request to the commission for the purpose of applying the rules laid down in articles 4 , 5 or 6 as necessary. ### 1. where a member state considers that it is facing a crisis situation as referred to in article 1(2) , that member state shall submit a reasoned request to the council for the purpose of applying the rules laid down in articles 4 , 5 or 6 as necessary.


### 2. where , on the basis of the examination carried out in accordance with paragraph 8 , the commission considers such a request justified , it shall , by means of an implementing decision , authorise the member state concerned to apply the derogatory rules laid down in articles 4 , 5 or 6. ### 2. where , on the basis of the examination carried out in accordance with paragraph 8 , the commission considers that the affected member state is confronted with a situation of crisis , it shall , by means of an implementing decision , authorise the member state concerned to apply the derogatory rules laid down in articles 4 , 5 or 6.


### 3. the implementing decision referred to in paragraph 2 shall be adopted within ten days from the request and shall set the date from which the rules laid down in articles 4 , 5 or 6 may be applied , as well as the time period for their application. ### 3. the implementing decision referred to in paragraph 2 shall be adopted within ten days from the notification and shall set the date from which the rules laid down in articles 4 , 5 or 6 may be applied , as well as the time period for their application.


### 5. the commission may authorise the application of the rules laid down in article 6 for a maximum period of four weeks. if a member state considers it necessary to further extend the application of the rules laid down in article 6 , it shall submit a reasoned request to the commission at the latest five days before the expiry of the four-week period. the commission may authorise the prolongation of the application of the rules laid down in article 6 for an additional maximum period of four weeks , which shall be renewable once. the period of application shall not exceed twelve weeks in total , including , where paragraph 8 is applied , the period preceding the adoption of the implementing decision referred to in paragraph 2. ### 5. the commission may authorise the application of the rules laid down in article 6 for a maximum period of twelve weeks. if a member state considers it necessary to further extend the application of the rules laid down in article 6 , it shall submit a reasoned request to the commission at the latest five days before the expiry of the twelve-week period. the commission may authorise the prolongation of the application of the rules laid down in article 6 for an additional maximum period of four weeks , which shall be renewable once. the period of application shall not exceed twenty weeks in total , including , where paragraph 8 is applied , the period preceding the adoption of the implementing decision referred to in paragraph 2.


### 6. the implementing decision referred to in paragraph 2 shall be adopted in accordance with the procedure referred to in article 11(1). ### deleted


### 7. when submitting the request referred to in paragraph 1 , a member state may notify the commission that it considers necessary to apply the rules laid down in article 6 before the examination of this request by the commission is concluded. in such a case , by way of derogation from paragraph 3 of this article , the member state concerned may apply the rules laid down in article 6 from the day following the request and for a period not exceeding 15 days. the member state shall indicate in the request the reasons for which an immediate action is required. ### 7. when submitting the notification referred to in paragraph 1 , a member state may notify the commission that it considers necessary to apply the rules laid down in article 6 before the examination of this notification by the commission is concluded. in such a case , by way of derogation from paragraph 3 of this article , the member state concerned may apply the rules laid down in article 6 from the day following the notification and for a period not exceeding 15 days. the member state shall indicate in the notification the reasons for which an immediate action is required. the commission shall assess the situation in the member state concerned and adopt the implementing decision referred to in paragraph 2 within the 15-day period.


### 8. the commission shall examine the reasoned request pursuant to paragraph 1 , or the notification pursuant to paragraph 7 on the basis of substantiated information , in particular the information gathered by the commission pursuant to the eu mechanism for preparedness and management of crises related to migration (migration preparedness and crisis blueprint) and by the european asylum support office (easo) pursuant to regulation (eu) no 439/201031 , the european border and coast guard agency pursuant to regulation (eu) 2019/1896 and the migration management report referred to article 6 of regulation (eu) xxx/xxx [asylum and migration management]. ### 8. the commission shall examine the notification pursuant to paragraph 1 , or the notification pursuant to paragraph 7 on the basis of substantiated information , in particular the information gathered by the commission pursuant to the eu mechanism for preparedness and management of crises related to migration (migration preparedness and crisis blueprint) and by the european asylum support office (easo) pursuant to regulation (eu) no 439/201031 , the european border and coast guard agency pursuant to regulation (eu) 2019/1896 and the migration management report referred to article 6 of regulation (eu) xxx/xxx [asylum and migration management] , and other relevant information by union bodies , agencies and offices.


### by way of derogation from article 41(2)(b) of regulation (eu) xxx/xxx [asylum procedures regulation] , member states may in a border procedure take decisions on the merits of an application in cases where 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 granting international protection by the determining authority is , according to the latest available yearly union-wide average eurostat data , 75% or lower , in addition to the cases referred to in article 40(1) of regulation (eu) xxx/xxx [asylum procedures regulation]; ### by way of derogation from article 41(2)(b) of regulation (eu) xxx/xxx [asylum procedures regulation] , member states may in a border procedure take decisions on the merits of an application in cases where 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 granting international protection by the determining authority is , according to the latest available yearly union-wide average eurostat data , 90% or lower , in addition to the cases referred to in article 40(1) of regulation (eu) xxx/xxx [asylum procedures regulation];


### by way of derogation from article 41(11) and (13) of regulation (eu) xxx/xxx [asylum procedures regulation] , the maximum duration of the border procedure for the examination of applications set out in that article may be prolonged by an additional period of maximum eight weeks. following this period , the applicant shall be authorised to enter the member state’s territory for the completion of the procedure for international protection. ### by way of derogation from article 41(11) and (13) of regulation (eu) xxx/xxx [asylum procedures regulation] , the maximum duration of the border procedure for the examination of applications set out in that article may be prolonged by an additional period of maximum twelve weeks. following this period , the applicant shall be authorised to enter the member state’s territory for the completion of the procedure for international protection.


### by way of derogation from article 41(11) and (13) of regulation (eu) xxx/xxx [asylum procedures regulation] , the maximum duration of the border procedure for the examination of applications set out in that article may be prolonged by an additional period of maximum eight weeks. following this period , the applicant shall be authorised to enter the member state’s territory for the completion of the procedure for international protection. ### by way of derogation from article 41(11) and (13) of regulation (eu) xxx/xxx [asylum procedures regulation] , the maximum duration of the border procedure for the examination of applications set out in that article may be prolonged by an additional period of maximum 12 weeks. following this period , the applicant shall be authorised to enter the member state’s territory for the completion of the procedure for international protection.


### 1. in a crisis situation as referred to in article 1(2) , and in accordance with the procedures laid down in article 3 , member states may , in respect of illegally staying third-country nationals or stateless persons whose applications were rejected in the context of the asylum crisis management procedure pursuant to article 4 , and who have no right to remain and are not allowed to remain , derogate from article 41a of regulation (eu) xxx/xxx [asylum procedures regulation] as follows: ### 1. in a crisis situation as referred to in article 1(2) , and in accordance with the procedures laid down in article 3 , member states may , in respect of illegally staying third-country nationals or stateless persons whose applications were rejected and who have no right to remain or are not allowed to remain , derogate from article 41a of regulation (eu) xxx/xxx [asylum procedures regulation] as follows:


### 1. in a crisis situation as referred to in article 1(2) , and in accordance with the procedures laid down in article 3 , member states may , in respect of illegally staying third-country nationals or stateless persons whose applications were rejected in the context of the asylum crisis management procedure pursuant to article 4 , and who have no right to remain and are not allowed to remain , derogate from article 41a of regulation (eu) xxx/xxx [asylum procedures regulation] as follows: ### 1. in a crisis situation as referred to in article 1(2) , and in accordance with the procedures laid down in article 3 , member states may , in respect of illegally staying third-country nationals or stateless persons whose applications were rejected and who have no right to remain or are not allowed to remain , derogate from article 41 and article 41a of regulation (eu) xxx/xxx [asylum procedures regulation] as follows:


### by way of derogation from article 41a(2) of regulation (eu) xxx/xxx [asylum procedures regulation] , the maximum period during which third-country nationals or stateless persons shall be kept at the locations referred to in that article may be prolonged by an additional period of maximum eight weeks; ### by way of derogation from article 41a(2) of regulation (eu) xxx/xxx [asylum procedures regulation] , the maximum period during which third-country nationals or stateless persons shall be kept at the locations referred to in that article may be prolonged by an additional period of maximum 12 weeks;


### by way of derogation from article 41a(2) of regulation (eu) xxx/xxx [asylum procedures regulation] , the maximum period during which third-country nationals or stateless persons shall be kept at the locations referred to in that article may be prolonged by an additional period of maximum eight weeks; ### by way of derogation from article 41a(2) of regulation (eu) xxx/xxx [asylum procedures regulation] , the maximum period during which third-country nationals or stateless persons shall be kept at the locations referred to in that article may be prolonged by an additional period of maximum twelve weeks;


### in addition to the cases provided for by article 6(2) of directive xxx [recast return directive] , member states shall establish that a risk of absconding is presumed in an individual case , unless proven otherwise , when the criterion referred to in article 6(1) , point (f) of directive xxx [recast return directive] is fulfilled or when the applicant , third-country national or stateless person concerned is manifestly and persistently not fulfilling the obligation to cooperate established by article 7 of that directive. ### member states shall establish that a risk of absconding is presumed in an individual case , unless proven otherwise , when at least one of the criteria referred to in article 6(1) of directive xxx [recast return directive] is fulfilled or when the applicant , third-country national or stateless person concerned is manifestly and persistently not fulfilling the obligation to cooperate established by article 7 of that directive.


### 2. paragraph 1 shall also apply to applicants , third-country nationals and stateless persons subject to the procedure referred to in article 41 of regulation (eu) xxx/xxx [asylum procedures regulation] whose application has been rejected before the adoption by the commission of a decision issued in accordance with article 3 of this regulation , and who have no right to remain and are not allowed to remain after the adoption of that decision. ### deleted


### 2. paragraph 1 shall also apply to applicants , third-country nationals and stateless persons subject to the procedure referred to in article 41 of regulation (eu) xxx/xxx [asylum procedures regulation] whose application has been rejected before the adoption by the commission of a decision issued in accordance with article 3 of this regulation , and who have no right to remain and are not allowed to remain after the adoption of that decision. ### 2. paragraph 1 shall also apply to applicants , third-country nationals and stateless persons subject to the procedure referred to in article 41 of regulation (eu) xxx/xxx [asylum procedures regulation] whose application has been rejected before the adoption by the commission of a decision issued in accordance with article 3 of this regulation but after the relevant notification of the affected member state , and who have no right to remain or are not allowed to remain after the adoption of that decision.


### in a crisis situation as referred to in article 1(2)(a) and in accordance with the procedure laid down in article 3 , applications made within the period during which this article is applied shall be registered no later than within four weeks from when they are made by way of derogation from article 27 of regulation (eu) xxx/xxx [asylum procedures regulation]. ### in a crisis situation as referred to in article 1(2)(a) and in accordance with the procedure laid down in article 3 , applications made within the period during which this article is applied shall be registered no later than within twelve weeks from when they are made by way of derogation from article 27 of regulation (eu) xxx/xxx [asylum procedures regulation].


### 1. where a member state is facing a situation of force majeure which renders it impossible to comply with the time limits set out in article 27 of regulation (eu) xxx/xxx [asylum procedures regulation] , that member state shall notify the commission. after such notification , by way of derogation from article 27 of regulation (eu) xxx/xxx [asylum procedures regulation] , applications may be registered by that member state no later than four weeks from when they are made. in the notification , the member state concerned shall indicate the precise reasons for which it considers that this paragraph has to be applied and indicate the period of time during which it will be applied. ### 1. where a member state is facing a situation of force majeure which renders it impossible to comply with the time limits set out in article 27 of regulation (eu) xxx/xxx [asylum procedures regulation] , that member state shall without delay notify the commission , the european parliament and the council. after such notification , by way of derogation from article 27 of regulation (eu) xxx/xxx [asylum procedures regulation] , applications may be registered by that member state no later than four weeks from when they are made. in the notification , the member state concerned shall indicate the precise reasons for which it considers that this paragraph has to be applied and indicate the period of time during which it will be applied.


### v granting of immediate protection ### v granting of a temporary right to remain


### article 10 ### deleted


### granting of immediate protection status ### granting of a temporary right to remain


### 1. in a crisis situation as referred to in article 1(2)(a) , and on the basis of an implementing act adopted by the commission in accordance with paragraph 4 of this article , member states may suspend the examination of applications for international protection in accordance with regulation (eu) xxx/xxx [asylum procedures regulation] and regulation (eu) xxx/xxx [qualification regulation] in respect of displaced persons from third countries who are facing a high degree of risk of being subject to indiscriminate violence , in exceptional situations of armed conflict , and who are unable to return to their country of origin. in such a case , member states shall grant immediate protection status to the persons concerned , unless they represent a danger to the national security or public order of the member state. such status shall be without prejudice to their ongoing application for international protection in the relevant member state. ### 1. in a crisis situation as referred to in article 1(2)(a) , and on the basis of an implementing act adopted by the commission in accordance with paragraph 4 of this article , member states may suspend the examination of applications for international protection in accordance with regulation (eu) xxx/xxx [asylum procedures regulation] and regulation (eu) xxx/xxx [qualification regulation] in respect of displaced persons from third countries who are facing a high degree of risk of being subject to indiscriminate violence , in exceptional situations of armed conflict , and who are unable to return to their country of origin. in such a case , member states shall grant a temporary residence permit to the persons concerned , unless they represent a danger to the national security or public order of the member state. such temporary residence permit shall be without prejudice to their ongoing application for international protection in the relevant member state.


### 1. in a crisis situation as referred to in article 1(2)(a) , and on the basis of an implementing act adopted by the commission in accordance with paragraph 4 of this article , member states may suspend the examination of applications for international protection in accordance with regulation (eu) xxx/xxx [asylum procedures regulation] and regulation (eu) xxx/xxx [qualification regulation] in respect of displaced persons from third countries who are facing a high degree of risk of being subject to indiscriminate violence , in exceptional situations of armed conflict , and who are unable to return to their country of origin. in such a case , member states shall grant immediate protection status to the persons concerned , unless they represent a danger to the national security or public order of the member state. such status shall be without prejudice to their ongoing application for international protection in the relevant member state. ### 1. in a crisis situation as referred to in article 1(2)(a) , and on the basis of an implementing act adopted by the commission in accordance with paragraph 4 of this article , member states may suspend the examination of applications for international protection in accordance with regulation (eu) xxx/xxx [asylum procedures regulation] and regulation (eu) xxx/xxx [qualification regulation] in respect of displaced persons from third countries who are facing a high degree of risk of being subject to indiscriminate violence , in exceptional situations of armed conflict , and who are unable to return to their country of origin. in such a case , member states shall grant immediate protection status to the persons concerned , unless they represent a danger to the national security or public order of the member state. such status shall be without prejudice to their ongoing application for international protection in the relevant member state and shall not prejudge recognition of refugee status under the geneva convention.


### 2. member states shall ensure that beneficiaries of immediate protection have effective access to all the rights laid down in regulation (eu) xxx/xxx [qualification regulation] applicable to beneficiaries of subsidiary protection. ### 2. member states shall ensure that beneficiaries of immediate protection have effective access to all the rights laid down in regulation (eu) xxx/xxx [qualification regulation].


### 2. member states shall ensure that beneficiaries of immediate protection have effective access to all the rights laid down in regulation (eu) xxx/xxx [qualification regulation] applicable to beneficiaries of subsidiary protection. ### 2. member states shall ensure that persons with a temporary residence permit have effective access to the relevant rights laid down in regulation (eu) xxx/xxx [qualification regulation].


### define the specific country of origin , or a part of a specific country of origin , in respect of the persons referred to in paragraph 1; ### define the specific groups of applicants referred to in paragraph 1;


### establish the date from which this article shall be applied and set out the time period during which applications for international protection of displaced person as referred to in point (a) may be suspended and immediate protection status shall be granted. ### establish the date from which this article shall be applied and set out the time period during which applications for international protection of displaced person as referred to in point (a) may be suspended and temporary residence permit shall be granted.


### adoption of implementing acts ### adoption of council decisions


### 1. the commission shall adopt implementing acts in respect of authorising the application of the derogatory procedural rules referred to in articles 4 , 5 and 6 , and triggering the granting of immediate protection status in accordance with article 10. those implementing acts shall be adopted in accordance with the examination procedure referred to in article 12(2). ### 1. the council may adopt acts in respect of authorising the application of the derogatory procedural rules referred to in articles 4 , 5 and 6.


### 1. the commission shall adopt implementing acts in respect of authorising the application of the derogatory procedural rules referred to in articles 4 , 5 and 6 , and triggering the granting of immediate protection status in accordance with article 10. those implementing acts shall be adopted in accordance with the examination procedure referred to in article 12(2). ### 1. the commission shall adopt implementing acts in respect of authorising the application of the derogatory procedural rules referred to in articles 4 , 5 and 6 , and triggering the granting of temporary residence permit in accordance with article 10. those implementing acts shall be adopted in accordance with the examination procedure referred to in article 12(2).


### 2. on duly justified imperative grounds of urgency , due to the situation of crisis as defined in article 1(2) in a member state , the commission shall adopt immediately applicable implementing acts in respect of authorising the application of the derogatory procedural rules referred to in articles 4 , 5 and 6 , and triggering the granting of immediate protection status in accordance with article 10. those implementing acts shall be adopted in accordance with the procedure referred to in article 12(3). ### 2. on duly justified imperative grounds of urgency , due to the situation of crisis as defined in article 1(2) in a member state , the council may adopt immediately applicable acts in respect of authorising the application of the derogatory procedural rules referred to in articles 4 , 5 and 6.


### article 12 ### deleted


### article 14 ### deleted


### 1. welcomes the fact that the court of auditors (the ‘court’) has declared the transactions underlying the annual accounts of the european monitoring centre for drugs and drug addiction (the 'centre’) for the financial year 2020 to be legal and regular in all material respects; notes that its budget in 2020 increased from eur 19 million to eur 23 million (+21%) while its staff decreased from 107 to 102 (-4.7%); ### 1. welcomes the fact that the court of auditors (the ‘court’) has declared the transactions underlying the annual accounts of the european monitoring centre for drugs and drug addiction (the 'centre’) for the financial year 2020 to be legal and regular in all material respects and that its financial position at 31 december 2020 is fairly presented; notes that its budget in 2020 increased from eur 19 million to eur 23 million (+21%) while its staff decreased from 107 to 102 (-4.7%);


### 5. notes that the centre reported to have two women (22 ,2 %) and seven men (77 ,8 %) in its senior management; notes that the staff overall is composed of 46 men (45 ,1 %) and 56 women (54 ,9%); ### 5. notes with concern the gender unbalance in the centre senior management with two women (22 ,2 %) and seven men (77 ,8 %) and in its management board with 22 men (69%) and 10 women(31%); notes that the staff overall is composed of 46 men (45 ,1 %) and 56 women (54 ,9%); asks the centre to ensure gender balance at the management level in the future; asks the commission and the member states to take into account the importance of ensuring gender balance when nominating their members to the centre’s management board;


### (1) transnational threats involving criminal activities call for a coordinated , targeted and adapted response. while national authorities operating on the ground are on the frontline in the fight against organised crime and terrorism , action at union level is paramount to ensure efficient and effective cooperation , including as regards the exchange of information. furthermore , organised crime and terrorism , in particular , are emblematic of the link between internal and external security. those threats spread across borders and manifest themselves in organised crime and terrorist groups that engage in a wide range of criminal activities. ### (1) transnational threats involving criminal activities call for a coordinated , targeted and adapted response. while national authorities operating on the ground are on the frontline in the fight against organised crime and terrorism , action at union level is paramount to ensure efficient and effective cooperation , including as regards the exchange of information. in that respect it is vital that the member states are instructed to make more effective and regular use of the european union's blacklist and to share information in a transparent manner in order to protect the union's financial interests and budgetary resources more effectively against fraud. furthermore , organised crime and terrorism , in particular , are emblematic of the link between internal and external security. those threats spread across borders and manifest themselves in organised crime and terrorist groups that engage in a wide range of criminal activities.


### (2) in an area without internal border controls , police officers in one member state should have , within the framework of the applicable union and national law , the possibility to obtain equivalent access to the information available to their colleagues in another member state. in this regard , law enforcement authorities should cooperate effectively and by default across the union. therefore , an essential component of the measures that underpin public security in an interdependent area without internal border controls is police cooperation on the exchange of relevant information for law enforcement purposes. exchange of information on crime and criminal activities , including terrorism , serves the overall objective of protecting the security of natural persons. ### (2) in an area without internal border controls , police officers in one member state should have , within the framework of the applicable union and national law , the possibility to obtain equivalent access to the information available to their colleagues in another member state. in this regard , law enforcement authorities should cooperate effectively and by default across the union. therefore , an essential component of the measures that underpin public security in an interdependent area without internal border controls is police cooperation on the exchange of relevant information for law enforcement purposes. exchange of information on crime and criminal activities , including terrorism , serves the overall objective of protecting the security of natural persons. effective exchange of information also contributes to the fight against the grey economy , financial crime , fraud and money laundering.