### (53) in order to ensure that the procedures set out in this regulation are respected and to prevent obstacles to the efficient application of this regulation , in particular in order to avoid absconding and unauthorised movements between member states , it is necessary to establish clear obligations to be complied with by the applicant in the context of the procedure , of which he or she should be duly informed in a timely manner. violation of those legal obligations should lead to appropriate and proportionate procedural consequences for the applicant and to appropriate and proportionate consequences in terms of his or her reception conditions. in line with the charter of fundamental rights of the european union , the member state where such an applicant is present should in any case ensure that the immediate material needs of that person are covered. ### (53) in order to ensure that the procedures set out in this regulation are respected and to prevent obstacles to the efficient application of this regulation , the member state and the competent authorities of the member state , assisted by the asylum agency , shall ensure as soon as possible that the third country national or stateless person who intends to make an application to international protection fully cooperates in matters covered by this regulation , informing him or her of his or her rights and obligations.


### (53) in order to ensure that the procedures set out in this regulation are respected and to prevent obstacles to the efficient application of this regulation , in particular in order to avoid absconding and unauthorised movements between member states , it is necessary to establish clear obligations to be complied with by the applicant in the context of the procedure , of which he or she should be duly informed in a timely manner. violation of those legal obligations should lead to appropriate and proportionate procedural consequences for the applicant and to appropriate and proportionate consequences in terms of his or her reception conditions. in line with the charter of fundamental rights of the european union , the member state where such an applicant is present should in any case ensure that the immediate material needs of that person are covered. ### (53) in order to ensure that the procedures set out in this regulation are respected and to prevent obstacles to the efficient application of this regulation , in particular in order to avoid absconding and unauthorised movements between member states , it is necessary to establish clear obligations to be complied with by the applicant in the context of the procedure , of which he or she should be duly informed in a timely manner. violation of those legal obligations should lead to appropriate and proportionate procedural consequences for the applicant , including the rejection of his or her application , and to appropriate and proportionate consequences in terms of his or her reception conditions. in line with the charter of fundamental rights of the european union , the member state where such an applicant is present should in any case ensure that the immediate material needs of that person are covered.


### (54) in order to limit the possibility for applicants’ behaviour to lead to the cessation or shift of responsibility to another member state , rules allowing for cessation or shift of responsibility where the person leaves the territory of the member states for at least three months during examination of the application or absconds to evade a transfer to the member state responsible for more than 18 months should be deleted. the shift of responsibility when the time limit for sending a take back notification has not been respected by the notifying member state should also be removed in order to discourage circumventing the rules and obstruction of procedure. in situations where a person has entered a member state irregularly without applying for asylum , the period after which the responsibility of that member state ceases and another member state where that person subsequently applies becomes responsible should be extended , to further incentivise persons to comply with the rules and apply in the first member state of entry and hence limit unauthorised movements and increase the overall efficiency of the ceas. ### (54) the shift of responsibility when the time limit for sending a take back notification has not been respected by the notifying member state should also be removed in order to discourage circumventing the rules and obstruction of procedure. in situations where a person has entered a member state irregularly without applying for asylum , the period after which the responsibility of that member state ceases and another member state where that person subsequently applies becomes responsible should be extended , to further incentivise persons to comply with the rules and apply in the first member state of entry and hence limit onwards movements and increase the overall efficiency of the ceas.


### (54) in order to limit the possibility for applicants’ behaviour to lead to the cessation or shift of responsibility to another member state , rules allowing for cessation or shift of responsibility where the person leaves the territory of the member states for at least three months during examination of the application or absconds to evade a transfer to the member state responsible for more than 18 months should be deleted. the shift of responsibility when the time limit for sending a take back notification has not been respected by the notifying member state should also be removed in order to discourage circumventing the rules and obstruction of procedure. in situations where a person has entered a member state irregularly without applying for asylum , the period after which the responsibility of that member state ceases and another member state where that person subsequently applies becomes responsible should be extended , to further incentivise persons to comply with the rules and apply in the first member state of entry and hence limit unauthorised movements and increase the overall efficiency of the ceas. ### (54) in order to limit the possibility for applicants’ behaviour to lead to the cessation or shift of responsibility to another member state , rules allowing for cessation or shift of responsibility where the person leaves the territory of the member states during examination of the application or as soon as he or she absconds to evade a transfer to the member state responsible should be deleted. the shift of responsibility when the time limit for sending a take back notification has not been respected by the notifying member state should also be removed in order to discourage circumventing the rules and obstruction of procedure. in situations where a person has entered a member state irregularly without applying for asylum , the period after which the responsibility of that member state ceases and another member state where that person subsequently applies becomes responsible should be extended , to further incentivise persons to comply with the rules and apply in the first member state of entry and hence limit unauthorised movements and increase the overall efficiency of the ceas.


### (56) in order to guarantee effective protection of the rights of the persons concerned , legal safeguards and the right to an effective remedy in respect of decisions regarding transfers to the member state responsible should be established , in accordance , in particular , with article 47 of the charter of fundamental rights of the european union. in order to ensure that international law is respected , an effective remedy against such decisions should cover both the examination of the application of this regulation and of the legal and factual situation in the member state to which the applicant is transferred. the scope of the effective remedy should be limited to an assessment of whether applicants' fundamental rights to respect of family life , the rights of the child , or the prohibition of inhuman and degrading treatment risk to be infringed upon. ### (56) in order to guarantee effective protection of the rights of the persons concerned , legal safeguards and the right to an effective remedy in respect of decisions regarding transfers to the member state responsible should be established , in accordance , in particular , with article 47 of the charter of fundamental rights of the european union. in order to ensure that international law is respected , an effective remedy against such decisions should cover both the examination of the application of this regulation and of the legal and factual situation in the member state to which the applicant is transferred.


### (58) in order to ensure the speedy determination of responsibility , the deadlines for making and replying to requests to take charge , for making take back notifications , as well as for making and deciding on appeals , should be streamlined and shortened. ### deleted


### (58) in order to ensure the speedy determination of responsibility , the deadlines for making and replying to requests to take charge , for making take back notifications , as well as for making and deciding on appeals , should be streamlined and shortened. ### (58) in order to ensure the speedy determination of responsibility , the deadlines for making and replying to requests to take charge , for making take back requests , as well as for making and deciding on appeals , should be streamlined and shortened.


### (59) the detention of applicants should be applied in accordance with the underlying principle that a person should not be held in detention for the sole reason that he or she is seeking international protection. detention should be for as short a period as possible and subject to the principles of necessity and proportionality thereby only being allowed as a measure of last resort. in particular , the detention of applicants must be in accordance with article 31 of the geneva convention. the procedures provided for under this regulation in respect of a detained person should be applied as a matter of priority , within the shortest possible deadlines. as regards the general guarantees governing detention , as well as detention conditions , where appropriate , member states should apply the provisions of directive xxx/xxx/eu [reception conditions directive] also to persons detained on the basis of this regulation. ### (59) the detention or home detention of applicants throughout the examination of their application should be the rule , and their free movement the exception.


### (59) the detention of applicants should be applied in accordance with the underlying principle that a person should not be held in detention for the sole reason that he or she is seeking international protection. detention should be for as short a period as possible and subject to the principles of necessity and proportionality thereby only being allowed as a measure of last resort. in particular , the detention of applicants must be in accordance with article 31 of the geneva convention. the procedures provided for under this regulation in respect of a detained person should be applied as a matter of priority , within the shortest possible deadlines. as regards the general guarantees governing detention , as well as detention conditions , where appropriate , member states should apply the provisions of directive xxx/xxx/eu [reception conditions directive] also to persons detained on the basis of this regulation. ### (59) minors and unaccompanied minors shall never be detained. the detention of applicants should be applied in accordance with the underlying principle that a person should not be held in detention for the sole reason that he or she is seeking international protection. detention should be for as short a period as possible and subject to the principles of necessity and proportionality thereby only being allowed as a measure of last resort. in particular , the detention of applicants must be in accordance with article 31 of the geneva convention. the procedures provided for under this regulation in respect of a detained person should be applied as a matter of priority , within the shortest possible deadlines. as regards the general guarantees governing detention , as well as detention conditions , where appropriate , member states should apply the provisions of directive xxx/xxx/eu [reception conditions directive] also to persons detained on the basis of this regulation.


### (61) in accordance with commission regulation (ec) no 1560/200345 , transfers to the member state responsible for examining an application for international protection may be carried out on a voluntary basis , by supervised departure or under escort. member states should promote voluntary transfers by providing adequate information to the person concerned and should ensure that supervised or escorted transfers are undertaken in a humane manner , in full compliance with fundamental rights and respect for human dignity , as well as the best interests of the child and taking utmost account of developments in the relevant case law , in particular as regards transfers on humanitarian grounds. ### (61) in accordance with commission regulation (ec) no 1560/200345 , transfers to the member state responsible for examining an application for international protection may be carried out on a voluntary basis , by supervised departure or under escort.


### (62) in order to ensure a clear and efficient relocation procedure , specific rules for a benefitting and a contributing member state should be set out. the rules and safeguards relating to transfers set out in this regulation should apply to transfers for the purpose of relocation except where they are not relevant for such a procedure. ### (62) when member states decide to voluntarily relocate beneficiaries of international protection , specific rules for a benefitting and a contributing member state should be set out. the rules and safeguards relating to transfers set out in this regulation should apply to transfers for the purpose of voluntary relocation except where they are not relevant for such a procedure.


### (63) to support member states who undertake relocation as a solidarity measure , financial support from the union budget should be provided. in order to incentivise member states to give priority to the relocation of unaccompanied minors a higher incentive contribution should be provided. ### (63) to support member states who undertake any solidarity measure , financial support from the union budget should be provided. border protection efforts of member states , including the financing of physical barriers at external borders should be supported financially from the union budget.


### (64) the application of this regulation can be facilitated , and its effectiveness increased , by bilateral arrangements between member states for improving communication between competent departments , reducing time limits for procedures or simplifying the processing of take charge requests or take back notifications , or establishing procedures for the performance of transfers. ### (64) the application of this regulation can be facilitated , and its effectiveness increased , by bilateral arrangements between member states for improving communication between competent departments , reducing time limits for procedures or simplifying the processing of take charge requests or take back requests , or establishing procedures for the performance of transfers.


### (72) the examination procedure should be used for the adoption of a standard form for the exchange of relevant information on unaccompanied minors; of uniform conditions for the consultation and exchange of information on minors and dependent persons; of uniform conditions on the preparation and submission of take charge requests and take back notifications; of two lists of relevant elements of proof and circumstantial evidence , and the periodical revision thereof; of a laissez passer; of uniform conditions for the consultation and exchange of information regarding transfers; of a standard form for the exchange of data before a transfer; of a common health certificate; of uniform conditions and practical arrangements for the exchange of information on a person’s health data before a transfer , and of secure electronic transmission channels for the transmission of requests. ### (72) the examination procedure should be used for the adoption of a standard form for the exchange of relevant information on unaccompanied minors; of uniform conditions for the consultation and exchange of information on minors and dependent persons; of uniform conditions on the preparation and submission of take charge requests and take back requests; of two lists of relevant elements of proof and circumstantial evidence , and the periodical revision thereof; of a laissez passer; of uniform conditions for the consultation and exchange of information regarding transfers; of a standard form for the exchange of data before a transfer; of a common health certificate; of uniform conditions and practical arrangements for the exchange of information on a person’s health data before a transfer , and of secure electronic transmission channels for the transmission of requests.


### (73) the commission should adopt immediately applicable implementing acts in duly justified imperative grounds of urgency due to the situation of migratory pressure present in a member states. ### deleted


### (74) in order to provide for supplementary rules , the power to adopt acts in accordance with article 290 of the tfeu should be delegated to the commission in respect of the identification of family members or relatives of an unaccompanied minor; the criteria for establishing the existence of proven family links; the criteria for assessing the capacity of a relative to take care of an unaccompanied minor , including where family members , siblings or relatives of the unaccompanied minor stay in more than one member state; the elements for assessing a dependency link; the criteria for assessing the capacity of a person to take care of a dependent person and the elements to be taken into account in order to assess the inability to travel for a significant period of time. in exercising its powers to adopt delegated acts , the commission shall not exceed the scope of the best interests of the child as provided for in this regulation. it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law-making of 13 april 2016. in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and council receive all documents at the same time as member states’ experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts. ### (74) in order to provide for supplementary rules , the power to adopt acts in accordance with article 290 of the tfeu should be delegated to the commission in respect of the identification of family members or relatives of an unaccompanied minor , but also the assessment of his or her age; the criteria for establishing the existence of proven family links; the criteria for assessing the capacity of a relative to take care of an unaccompanied minor , including where family members , siblings or relatives of the unaccompanied minor stay in more than one member state; the elements for assessing a dependency link; the criteria for assessing the capacity of a person to take care of a dependent person and the elements to be taken into account in order to assess the inability to travel for a significant period of time. it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law-making of 13 april 2016. in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and council receive all documents at the same time as member states’ experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts.


### (78) since the objective of this regulation , namely the establishment of criteria and mechanisms for determining the member state responsible for examining an application for international protection lodged in one of the member states by a third-country national or a stateless person , and the establishment of a solidarity mechanism to support member states in addressing a situation of migratory pressure , cannot be sufficiently achieved by the member states and can therefore , by reason of the scale and effects of this regulation , be better achieved at union level , the union may adopt measures in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union (teu). in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve that objective. ### (78) since the objective of this regulation , namely the establishment of criteria and mechanisms for determining the member state responsible for examining an application for international protection lodged in one of the member states by a third-country national or a stateless person , and the establishment of a solidarity mechanism to support member states in addressing a situation of migratory pressure , cannot be sufficiently achieved by the member states and can therefore , by reason of the scale and effects of this regulation , be better achieved at union level , the union may adopt measures in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union (teu). when doing so , the union shall respect the national competences of member states. in accordance with the principle of proportionality , as set out in that article , this regulation shall not go beyond what is necessary in order to achieve that objective.


### 1. where , on account of pregnancy , having a new-born child , serious illness , severe disability , severe trauma or old age , an applicant is dependent on the assistance of his or her child or parent legally resident in one of the member states , or his or her child or parent legally resident in one of the member states is dependent on the assistance of the applicant , member states shall normally keep or bring together the applicant with that child or parent , provided that family ties existed before the applicant arrived on the territory of the member states , that the child or parent or the applicant is able to take care of the dependent person and that the persons concerned expressed their desire in writing. ### 1. where , on account of pregnancy , having a new-born child , serious illness , severe disability , trauma , old age , or other relevant psychological and/or physical vulnerabilities an applicant is in need of the assistance of his or her child , sibling , parent , or grandparent legally resident in one of the member states , or his or her child , sibling , parent or grandparent legally resident in one of the member states in need of the assistance of the applicant , member states shall normally keep or bring together the applicant with that child , sibling , parent , or grandparent provided that the child , sibling , parent or grandparent or the applicant is able to take care of the dependent person and that the persons concerned expressed their desire in writing.


### 1. where , on account of pregnancy , having a new-born child , serious illness , severe disability , severe trauma or old age , an applicant is dependent on the assistance of his or her child or parent legally resident in one of the member states , or his or her child or parent legally resident in one of the member states is dependent on the assistance of the applicant , member states shall normally keep or bring together the applicant with that child or parent , provided that family ties existed before the applicant arrived on the territory of the member states , that the child or parent or the applicant is able to take care of the dependent person and that the persons concerned expressed their desire in writing. ### 1. where , on account of pregnancy , having a new-born child , serious illness , severe disability , severe trauma or old age , an applicant is dependent on the assistance of his or her child , sibling or parent legally resident in one of the member states , or his or her child , sibling or parent legally resident in one of the member states is dependent on the assistance of the applicant , member states shall normally keep or bring together the applicant with that child , sibling or parent , provided that family ties existed before the applicant arrived on the territory of the member states , that the child , sibling or parent or the applicant is able to take care of the dependent person and that the persons concerned expressed their desire in writing.


### where there are indications that a child or parent is legally resident on the territory of the member state where the dependent person is present , that member state shall verify whether the child or parent can take care of the dependent person , before making a take charge request pursuant to article 29. ### where there are indications that a child , sibling , parent or grandparent is legally resident on the territory of the member state where the dependent person is present , that member state shall verify whether the child , sibling , parent or grandparent can take care of the dependent person , before making a take charge request pursuant to article 29.


### where there are indications that a child or parent is legally resident on the territory of the member state where the dependent person is present , that member state shall verify whether the child or parent can take care of the dependent person , before making a take charge request pursuant to article 29. ### where there are indications that a child , sibling or parent is legally resident on the territory of the member state where the dependent person is present , that member state shall verify whether the child , sibling or parent can take care of the dependent person , before making a take charge request pursuant to article 29.


### 2. where the child or parent referred to in paragraph 1 is legally resident in a member state other than the one where the applicant is present , the member state responsible shall be the one where the child or parent is legally resident unless the applicant’s health prevents him or her from travelling to that member state for a significant period of time. in such a case , the member state responsible shall be the one where the applicant is present. such member state shall not be subject to the obligation to bring the child or parent of the applicant to its territory. ### 2. where the child , sibling or parent referred to in paragraph 1 is legally resident in a member state other than the one where the applicant is present , the member state responsible shall be the one where the child , sibling or parent is legally resident unless the applicant’s health prevents him or her from travelling to that member state for a significant period of time. in such a case , the member state responsible shall be the one where the applicant is present. such member state shall not be subject to the obligation to bring the child , sibling or parent of the applicant to its territory.


### 2. where the child or parent referred to in paragraph 1 is legally resident in a member state other than the one where the applicant is present , the member state responsible shall be the one where the child or parent is legally resident unless the applicant’s health prevents him or her from travelling to that member state for a significant period of time. in such a case , the member state responsible shall be the one where the applicant is present. such member state shall not be subject to the obligation to bring the child or parent of the applicant to its territory. ### 2. where the child , sibling , parent or grandparent referred to in paragraph 1 is legally resident in a member state other than the one where the applicant is present , the member state responsible shall be the one where the child , sibling , parent or grandparent is legally resident . in such a case , the member state responsible shall be the one where the applicant is present. such member state shall not be subject to the obligation to bring the child , sibling , parent or grandparent of the applicant to its territory.


### 1. by way of derogation from article 8(1) , each member state may decide to examine an application for international protection by a third-country national or a stateless person registered with it , even if such examination is not its responsibility under the criteria laid down in this regulation. ### 1. by way of derogation from article 8(1) , each member state may decide to examine an application for international protection by a third-country national or a stateless person lodged with it , even if such examination is not its responsibility under the criteria laid down in this regulation.


### 2. the member state in which an application for international protection is registered and which is carrying out the process of determining the member state responsible , or the member state responsible , may , at any time before a first decision regarding the substance is taken , request another member state to take charge of an applicant in order to bring together any family relations , on humanitarian grounds based in particular on family or cultural considerations , even where that other member state is not responsible under the criteria laid down in articles 15 to 18 and 24. the persons concerned shall express their consent in writing. ### 2. the member state in which an application for international protection is registered and which is carrying out the process of determining the member state responsible , or the member state responsible , may , at any time before a first decision regarding the substance is taken , request another member state to take charge of an applicant in order to bring together any family relations , on humanitarian grounds based in particular on family , cultural considerations or social ties , language skills or other meaningful links which would facilitate his or her integration into that other member state , even where that other member state is not responsible under the criteria laid down in articles 15 to 18 and 24. the persons concerned shall express their consent in writing.


### the requested member state shall carry out any necessary checks to examine the humanitarian grounds cited , and shall reply to the requesting member state within two months of receipt of the request using the electronic communication network set up under article 18 of regulation (ec) no 1560/2003. a reply refusing the request shall state the reasons on which the refusal is based. ### the requested member state shall carry out any necessary checks to examine the humanitarian grounds cited , and shall reply to the requesting member state within one month of receipt of the request using the electronic communication network set up under article 18 of regulation (ec) no 1560/2003. a reply refusing the request shall state the reasons on which the refusal is based. where the requested member state accepts the request , responsibility for examining the application shall be transferred to it.


### take back , under the conditions laid down in articles 31 and 35 of this regulation , a beneficiary of international protection in relation to whom that member state has been indicated as the member state responsible under article 11(1) of regulation (eu) xxx/xxx [eurodac regulation]; ### deleted


### take back , under the conditions laid down in articles 31 and 35 of this regulation , a resettled or admitted person who has made an application for international protection or who is irregularly staying in a member state other than the member state which accepted to admit him or her in accordance with regulation (eu) xxx/xxx [union resettlement framework regulation] or which granted international protection or humanitarian status under a national resettlement scheme. ### deleted


### 1. where a member state issues a residence document to the applicant , decides to apply article 25 , or does not transfer the person concerned to the member state responsible within the time limits set out in article 35 , that member state shall become the member state responsible and the obligations laid down in article 26 shall be transferred to that member state. where applicable , it shall inform the member state previously responsible , the member state conducting a procedure for determining the member state responsible or the member state which has been requested to take charge of the applicant or has received a take back notification , using the electronic communication network set up under article 18 of regulation (ec) no 1560/2003. ### 1. where a member state issues a residence document to the applicant , decides to apply article 25 , or does not transfer the person concerned to the member state responsible within the time limits set out in article 35 , that member state shall become the member state responsible and the obligations laid down in article 26 shall be transferred to that member state. where applicable , it shall inform the member state previously responsible , the member state conducting a procedure for determining the member state responsible or the member state which has been requested to take charge of the applicant or has received a take back request , using the electronic communication network set up under article 18 of regulation (ec) no 1560/2003.


### the first subparagraph shall not apply if the person has already been granted international protection by the responsible member state. ### the first subparagraph shall not apply if the person has already been granted international protection by the responsible member state , provided that the beneficiary does not claim before a judge that in the member state primarily designated as responsible there are substantial grounds for believing that he or she would be in danger of being subjected to torture or inhuman or degrading treatments and punishments , in contrast with article 4 of the eu charter of fundamental rights , pursuant to article 8 (3).


### the first subparagraph shall not apply if the person has already been granted international protection by the responsible member state. ### the first subparagraph shall not apply if the person has already been granted international protection by the responsible member state or if the person's status is under review by the responsible member state.


### 1. the member state where an application for international protection is first registered pursuant to regulation (eu) xxx/xxx [asylum procedure regulation] or , where applicable , the member state of relocation shall start the process of determining the member state responsible without delay. ### 1. the member state where an application for international protection is first registered pursuant to regulation (eu) xxx/xxx [asylum procedure regulation] shall start the process of determining the member state responsible without delay.


### 2. the member state where an application is first registered or , where applicable , the member state of relocation shall continue the process of determining the member state responsible if the applicant leaves the territory of that member state without authorisation or is otherwise not available to the competent authorities of that member state. ### 2. the member state where an application is first registered shall continue the process of determining the member state responsible if the applicant leaves the territory of that member state without authorisation or is otherwise not available to the competent authorities of that member state.


### 1. if a member state where an application for international protection has been registered considers that another member state is responsible for examining the application , it shall , without delay and in any event within two months of the date on which the application was registered , request that other member state to take charge of the applicant. ### 1. if a member state where an application for international protection has been registered considers that another member state is responsible for examining the application , it shall , without delay and in any event within three months of the date on which the application was registered , request that other member state to take charge of the applicant.


### 1. if a member state where an application for international protection has been registered considers that another member state is responsible for examining the application , it shall , without delay and in any event within two months of the date on which the application was registered , request that other member state to take charge of the applicant. ### 1. if a member state where an application for international protection has been registered considers that another member state is responsible for examining the application , it shall , immediately and in any event within three months of the date on which the application was registered , request that other member state to take charge of the applicant.


### notwithstanding the first subparagraph , in the case of a eurodac hit with data recorded pursuant to articles 13 and 14a of regulation (eu) xxx/xxx [eurodac regulation] or of a vis hit with data recorded pursuant to article 21 of regulation (ec) no 767/2008 , the request to take charge shall be sent within one month of receiving that hit. ### notwithstanding the first subparagraph , in the case of a eurodac hit with data recorded pursuant to articles 13 and 14a of regulation (eu) xxx/xxx [eurodac regulation] or of a vis hit with data recorded pursuant to article 21 of regulation (ec) no 767/2008 , the request to take charge shall be sent within two months of receiving that hit.


### where the applicant is an unaccompanied minor , the determining member state may , where it considers that it is in the best interest of the minor , continue the procedure for determining the member state responsible and request another member state to take charge of the applicant despite the expiry of the time limits laid down in the first and second subparagraphs. ### where the applicant is an unaccompanied minor or the request is based on article 16 or 17 , the determining member state may , continue the procedure for determining the member state responsible and request another member state to take charge of the applicant despite the expiry of the time limits laid down in the first and second subparagraphs.


### where the applicant is an unaccompanied minor , the determining member state may , where it considers that it is in the best interest of the minor , continue the procedure for determining the member state responsible and request another member state to take charge of the applicant despite the expiry of the time limits laid down in the first and second subparagraphs. ### where the applicant is an unaccompanied minor or the request is based on article 16 or 17 , the determining member state may , where it considers that it is in the best interest of the minor , continue the procedure for determining the member state responsible and request another member state to take charge of the applicant despite the expiry of the time limits laid down in the first and second subparagraphs.


### 8. where the requested member state does not object to the request within the one-month period set out in paragraph 1 by a reply which gives full and detailed reasons , or where applicable within the two-week period set out in paragraphs 2 and 7 , this shall be tantamount to accepting the request , and entail the obligation to take charge of the person , including the obligation to provide for proper arrangements for arrival. ### 8. where the requested member state does not object to the request within the one-month period set out in paragraph 1 by a reply which gives full and substantiated reasons based on all circumstances of the case , or where applicable within the two-week period set out in paragraphs 2 and 7 , this shall be tantamount to accepting the request , and entail the obligation to take charge of the person , including the obligation to provide for proper arrangements for arrival.


### iii procedures for take back notifications ### iii procedures for take back requests


### submitting a take back notification ### submitting a take back request


### 1. in a situation referred to in article 26(1) , point (b) , (c) or (d) the member state where the person is present shall make a take back notification without delay and in any event within two weeks after receiving the eurodac hit. ### 1. in a situation referred to in article 26(1) , point(b) , (c) or (d) the member state where the person is present shall a take back request immediately and in any event within two weeks after receiving the eurodac hit.


### 1. in a situation referred to in article 26(1) , point (b) , (c) or (d) the member state where the person is present shall make a take back notification without delay and in any event within two weeks after receiving the eurodac hit. ### 1. in a situation referred to in article 26(1) , point (b) , the member state where the person is present shall make a take back request without delay and in any event within two weeks after receiving the eurodac hit. where the take back request is not made within the established time limit , the responsibility for examining the application for international protection shall lie with the member state where the applicant is present.


### 1. in a situation referred to in article 26(1) , point (b) , (c) or (d) the member state where the person is present shall make a take back notification without delay and in any event within two weeks after receiving the eurodac hit. ### 1. in a situation referred to in article 26(1) , point (b) , the member state where the person is present shall make a take back request without delay and in any event within two weeks after receiving the eurodac hit.


### 3. the notified member state shall confirm receipt of the notification to the member state which made the notification within one week , unless the notified member state can demonstrate within that time limit that its responsibility has ceased pursuant to article 27. ### 3. the requested member state shall confirm receipt of the request to the member state which made the request within one week , unless the requested member state can demonstrate within that time limit that its responsibility has ceased pursuant to article 27. the requested member state shall have the right to reply to the request and explain its reasons.


### 3. the notified member state shall confirm receipt of the notification to the member state which made the notification within one week , unless the notified member state can demonstrate within that time limit that its responsibility has ceased pursuant to article 27. ### 3. the notified member state shall confirm receipt of the notification to the member state which made the notification within four weeks , unless the notified member state can demonstrate within that time limit that its responsibility has ceased pursuant to article 27.


### 3. the notified member state shall confirm receipt of the notification to the member state which made the notification within one week , unless the notified member state can demonstrate within that time limit that its responsibility has ceased pursuant to article 27. ### 3. the requested member state shall accept the request of the member state which made the request within four weeks , unless the requested member state can demonstrate within that time limit that it is not responsible pursuant to article 27.


### 4. failure to act within the one-week period set out in paragraph 3 shall be tantamount to confirming the receipt of the notification. ### 4. failure to act within the four-week period set out in paragraph 3 shall be tantamount to confirming the receipt of the notification.


### 4. failure to act within the one-week period set out in paragraph 3 shall be tantamount to confirming the receipt of the notification. ### 4. failure to act within the four-weeks period set out in paragraph 3 shall be tantamount to confirming the receipt of the request.


### 5. the commission shall , by means of implementing acts , adopt uniform conditions for the preparation and submission of take back notifications. those implementing acts shall be adopted in accordance with the examination procedure referred to in article 67(2). ### 5. the commission shall , by means of implementing acts , adopt uniform conditions for the preparation and submission of take back requests. those implementing acts shall be adopted in accordance with the examination procedure referred to in article 67(2).


### 1. the determining member state whose take charge request as regards the applicant referred to in article 26(1) , point (a) was accepted or who made a take back notification as regards persons referred to in article 26(1) , point (b) , (c) and (d) shall take a transfer decision at the latest within one week of the acceptance or notification. ### 1. the determining member state whose take charge request as regards the applicant referred to in article 26(1) , point (a) was accepted or who made a take back notification as regards persons referred to in article 26(1) , point (b) , shall take a transfer decision at the latest within one week of the acceptance or notification.


### 1. the determining member state whose take charge request as regards the applicant referred to in article 26(1) , point (a) was accepted or who made a take back notification as regards persons referred to in article 26(1) , point (b) , (c) and (d) shall take a transfer decision at the latest within one week of the acceptance or notification. ### 1. the determining member state whose take charge request as regards the applicant referred to in article 26(1) , point (a) was accepted or who made a take back request as regards persons referred to in article 26(1) , point (b) , shall take a transfer decision at the latest within 10 days of the acceptance or notification.


### 2. where the requested member state accepts to take charge of an applicant or to take back a person referred to in article 26(1) , point (b) , (c) or (d) , the requesting or the notifying member state shall notify the person concerned in writing without delay of the decision to transfer him or her to the member state responsible and , where applicable , of the fact that it will not examine his or her application for international protection. ### 2. the requesting member state shall immediately notify the person concerned in writing or orally , in a language that he or she understands or is reasonably expected to understand , of the decision to transfer him or her to the member state responsible , the consequences of such decision , including the time limits for carrying out the transfer and the obligations for the applicant set out in article 9(5).the notification shall , if necessary , also include information on the place where and the date on which the person concerned is required to appear , if that person is travelling to the member state responsible by his or her own means.


### 2. where the requested member state accepts to take charge of an applicant or to take back a person referred to in article 26(1) , point (b) , (c) or (d) , the requesting or the notifying member state shall notify the person concerned in writing without delay of the decision to transfer him or her to the member state responsible and , where applicable , of the fact that it will not examine his or her application for international protection. ### 2. where the requested member state accepts to take charge of an applicant or to take back a person referred to in article 26(1) , point (b) , (c) or (d) , the requesting or the notifying member state shall notify the person concerned in writing in a language they understand without delay of the decision to transfer him or her to the member state responsible , the consequences of this decision , necessary actions that the applicant needs to take and the timelines that bind them.


### 2. where the requested member state accepts to take charge of an applicant or to take back a person referred to in article 26(1) , point (b) , (c) or (d) , the requesting or the notifying member state shall notify the person concerned in writing without delay of the decision to transfer him or her to the member state responsible and , where applicable , of the fact that it will not examine his or her application for international protection. ### 2. where the requested member state accepts to take charge of an applicant or to take back a person referred to in article 26(1) , point (b) , the requesting or the notifying member state shall notify the person concerned in writing within one week of the decision to transfer him or her to the member state responsible and , where applicable , of the fact that it will not examine his or her application for international protection.


### 4. the decision referred to in paragraph 1 shall contain information on the legal remedies available , including on the right to apply for suspensive effect , and on the time limits applicable for seeking such remedies and for carrying out the transfer , and shall , if necessary , contain information on the place where , and the date on which , the person concerned is required to appear , if that person is travelling to the member state responsible by his or her own means. ### 4. the decision referred to in paragraph 1 shall be written in a language understandable to the applicant and contain information on the legal remedies available , including on the right to apply for suspensive effect , and on the time limits applicable for seeking such remedies and for carrying out the transfer , and shall , if necessary , contain information on the place where , and the date on which , the person concerned is required to appear , if that person is travelling to the member state responsible by his or her own means.


### 5. where the person concerned is not assisted or represented by a legal advisor or other counsellor , member states shall inform him or her of the main elements of the decision , which shall always include information on the legal remedies available and the time limits applicable for seeking such remedies , in a language that the person concerned understands or is reasonably supposed to understand. ### 5. where the person concerned is not assisted or represented by a legal advisor or other counsellor , member states shall inform him or her of the main elements of the decision , which shall always include information on the legal remedies available and the time limits applicable for seeking such remedies , in a language that the person concerned understands.


### 1. the applicant or another person as referred to in article 26(1) , point (b) , (c) and (d) shall have the right to an effective remedy , in the form of an appeal or a review , in fact and in law , against a transfer decision , before a court or tribunal. ### 1. the applicant or another person as referred to in article 26(1) , point (b) , shall have the right to an effective remedy with automatic suspensive effect , in the form of an appeal or a review , in fact and in law , against a transfer decision , before a court or tribunal.


### 1. the applicant or another person as referred to in article 26(1) , point (b) , (c) and (d) shall have the right to an effective remedy , in the form of an appeal or a review , in fact and in law , against a transfer decision , before a court or tribunal. ### 1. the applicant or another person as referred to in article 26(1) , point (b) shall have the right to an effective remedy , in the form of an appeal or a review , in fact and in law , against a transfer decision , before a court or tribunal.


### the scope of the remedy shall be limited to an assessment of: ### deleted


### 2. member states shall provide for a period of two weeks after the notification of a transfer decision within which the person concerned may exercise his or her right to an effective remedy pursuant to paragraph 1. ### 2. member states shall provide for a period of at least four weeks after the notification of a transfer decision within which the person concerned may exercise his or her right to an effective remedy pursuant to paragraph 1.


### 2. member states shall provide for a period of two weeks after the notification of a transfer decision within which the person concerned may exercise his or her right to an effective remedy pursuant to paragraph 1. ### 2. member states shall provide for a period of 3 days after the notification of a transfer decision within which the person concerned may exercise his or her right to an effective remedy pursuant to paragraph 1.


### 3. the person concerned shall have the right to request , within a reasonable period of time from the notification of the transfer decision , a court or tribunal to suspend the implementation of the transfer decision pending the outcome of his or her appeal or review. member states shall ensure that an effective remedy is in place by suspending the transfer until the decision on the first suspension request is taken. any decision on whether to suspend the implementation of the transfer decision shall be taken within one month of the date when that request reached the competent court or tribunal. ### 3. member states shall ensure that an effective remedy shall confer on the person concerned the right to remain in the member state concerned pending the outcome of the appeal or review , the transfer shall be automatically suspended until the decision on the first suspension request is taken. any decision to suspend the implementation of the transfer decision shall be taken within one month of the date when that request reached the competent court or tribunal.


### 3. the person concerned shall have the right to request , within a reasonable period of time from the notification of the transfer decision , a court or tribunal to suspend the implementation of the transfer decision pending the outcome of his or her appeal or review. member states shall ensure that an effective remedy is in place by suspending the transfer until the decision on the first suspension request is taken. any decision on whether to suspend the implementation of the transfer decision shall be taken within one month of the date when that request reached the competent court or tribunal. ### 3. the person concerned shall have the right to request , within 3 days from the notification of the transfer decision , a court or tribunal to suspend the implementation of the transfer decision pending the outcome of his or her appeal or review. member states shall ensure that an effective remedy is in place by suspending the transfer until the decision on the first suspension request is taken. any decision on whether to suspend the implementation of the transfer decision shall be taken within one month of the date when that request reached the competent court or tribunal.


### where the person concerned has not exercised his or her right to request suspensive effect , the appeal against , or review of , the transfer decision shall not suspend the implementation of a transfer decision. ### deleted


### a decision not to suspend the implementation of the transfer decision shall state the reasons on which it is based. ### a decision to suspend the implementation of the transfer decision shall state the reasons on which it is based.


### 5. member states shall ensure that legal assistance is granted on request free of charge where the person concerned cannot afford the costs involved. member states may provide that , as regards fees and other costs , the treatment of persons subject to this regulation shall not be more favourable than the treatment generally accorded to their nationals in matters pertaining to legal assistance. ### 5. member states shall ensure that legal assistance is granted free of charge , at all stages of the procedure , where the person concerned cannot afford the costs involved , according to article 11a of this regulation. member states may provide that , as regards fees and other costs , the treatment of persons subject to this regulation shall not be more favourable than the treatment generally accorded to their nationals in matters pertaining to legal assistance.


### 5. member states shall ensure that legal assistance is granted on request free of charge where the person concerned cannot afford the costs involved. member states may provide that , as regards fees and other costs , the treatment of persons subject to this regulation shall not be more favourable than the treatment generally accorded to their nationals in matters pertaining to legal assistance. ### 5. member states shall ensure that legal assistance is granted on request free of charge and at the earliest stage possible where the person concerned cannot afford the costs involved. member states may provide that , as regards fees and other costs , the treatment of persons subject to this regulation shall not be more favourable than the treatment generally accorded to their nationals in matters pertaining to legal assistance.


### without arbitrarily restricting access to legal assistance , member states may provide that free legal assistance and representation is not to be granted where the appeal or review is considered by the competent authority or a court or tribunal to have no tangible prospect of success. ### deleted


### where a decision not to grant free legal assistance and representation pursuant to the second subparagraph is taken by an authority other than a court or tribunal , member states shall provide the right to an effective remedy before a court or tribunal to challenge that decision. where the decision is challenged , that remedy shall be an integral part of the remedy referred to in paragraph 1. ### deleted


### in complying with the requirements set out in this paragraph , member states shall ensure that legal assistance and representation is not arbitrarily restricted and that effective access to justice for the person concerned is not hindered. ### deleted


### legal assistance shall include at least the preparation of the required procedural documents and representation before a court or tribunal and may be restricted to legal advisors or counsellors specifically designated by national law to provide assistance and representation. ### legal assistance shall be in line with article 11a.


### procedures for access to legal assistance shall be laid down in national law. ### deleted


### 1. member states shall not hold a person in detention for the sole reason that he or she is subject to the procedure established by this regulation. ### 1. member states shall not hold a person in detention for the sole reason that he or she is subject to the procedure established by this regulation. detention shall , in any case , be a measure of last resort when alternatives are not available.


### 1. member states shall not hold a person in detention for the sole reason that he or she is subject to the procedure established by this regulation. ### 1. member states may hold a person in detention or place him or her under house arrest for the sole reason that he or she is subject to the procedure established by this regulation.


### 2. where there is a risk of absconding , member states may detain the person concerned in order to secure transfer procedures in accordance with this regulation , on the basis of an individual assessment and only in so far as detention is proportional and other less coercive alternative measures cannot be applied effectively , based on an individual assessment of the person’s circumstances. ### 2. where there is a risk of absconding , member states may detain the person concerned in order to secure transfer procedures in accordance with this regulation.


### 2. where there is a risk of absconding , member states may detain the person concerned in order to secure transfer procedures in accordance with this regulation , on the basis of an individual assessment and only in so far as detention is proportional and other less coercive alternative measures cannot be applied effectively , based on an individual assessment of the person’s circumstances. ### 2. where there is a proven risk of absconding , member states , as measure of last resort , may detain the person concerned in order to secure a transfer after a final transfer decision has been taken and notified in accordance with this regulation , on the basis of an individual assessment and only in so far as detention is proportional and other less coercive alternative measures cannot be applied effectively , based on an individual assessment of the person’s circumstances.


### 2. where there is a risk of absconding , member states may detain the person concerned in order to secure transfer procedures in accordance with this regulation , on the basis of an individual assessment and only in so far as detention is proportional and other less coercive alternative measures cannot be applied effectively , based on an individual assessment of the person’s circumstances. ### 2. where there is a significant risk of absconding , member states may detain the person concerned in order to secure transfer procedures in accordance with this regulation , on the basis of an individual assessment and only in so far as detention is proportional and other less coercive alternative measures cannot be applied effectively , based on an individual assessment of the person’s circumstances.


### 3. detention shall be for as short a period as possible and shall be for no longer than the time reasonably necessary to fulfil the required administrative procedures with due diligence until the transfer under this regulation is carried out. ### 3. detention shall be for as short a period as possible and shall be for no longer than the time reasonably necessary to fulfil the required administrative procedures with due diligence until the transfer under this regulation is carried out , and in any case shall not exceed three months.


### where an applicant or another person referred to in article 26(1) , point (b) , (c) or (d) is detained pursuant to this article , the period for submitting a take charge request or a take back notification shall not exceed two weeks from the registration of the application. where a person is detained at a later stage than the registration of the application , the period for submitting a take charge request or a take back notification shall not exceed one week from the date on which the person was placed in detention. the member state carrying out the procedure in accordance with this regulation shall ask for an urgent reply on a take charge request. such reply shall be given within one week of receipt of the take charge request. failure to reply within the one-week period shall be tantamount to accepting the take charge request and shall entail the obligation to take charge of the person , including the obligation to provide for proper arrangements for arrival. ### where an applicant or another person referred to in article 26(1) , point (b) , is detained pursuant to this article , the period for submitting a take charge request or a take back request shall not exceed one month from the registration of the application. where a person is detained at a later stage than the registration of the application , the period for submitting a take charge request or a take back request shall not exceed 2 weeks from the date on which the person was placed in detention. the member state carrying out the procedure in accordance with this regulation shall ask for an urgent reply on a take charge request. such reply shall be given within 2 weeks of receipt of the take charge request. failure to reply within the 2-weeks period shall be tantamount to accepting the take charge request and shall entail the obligation to take charge of the person , including the obligation to provide for proper arrangements for arrival.


### where an applicant or another person referred to in article 26(1) , point (b) , (c) or (d) is detained pursuant to this article , the period for submitting a take charge request or a take back notification shall not exceed two weeks from the registration of the application. where a person is detained at a later stage than the registration of the application , the period for submitting a take charge request or a take back notification shall not exceed one week from the date on which the person was placed in detention. the member state carrying out the procedure in accordance with this regulation shall ask for an urgent reply on a take charge request. such reply shall be given within one week of receipt of the take charge request. failure to reply within the one-week period shall be tantamount to accepting the take charge request and shall entail the obligation to take charge of the person , including the obligation to provide for proper arrangements for arrival. ### where an applicant or another person referred to in article 26(1) , point (b) , is detained pursuant to this article , the period for submitting a take charge request or a take back request shall not exceed two weeks from the registration of the application. where a person is detained at a later stage than the registration of the application , the period for submitting a take charge request or a take back notification shall not exceed one week from the date on which the person was placed in detention. the member state carrying out the procedure in accordance with this regulation shall ask for an urgent reply on a take charge request. such reply shall be given within one week of receipt of the take charge request. failure to reply within the one-week period shall be tantamount to accepting the take charge request and shall entail the obligation to take charge of the person , including the obligation to provide for proper arrangements for arrival.


### where a person is detained pursuant to this article , the transfer of that person from the requesting or notifying member state to the member state responsible shall be carried out as soon as practically possible , and at the latest within four weeks of: ### where a person is detained pursuant to this article , the transfer of that person from the requesting or notifying member state to the member state responsible shall be carried out as soon as practically possible , and at the latest within six weeks of:


### where the requesting or notifying member state fails to comply with the time limits for submitting a take charge request or take back notification or to take a transfer decision within the time limit laid down in article 32(1) or where the transfer does not take place within the period of four weeks referred to in the third subparagraph of this paragraph , the person shall no longer be detained. articles 29 , 31 and 35 shall continue to apply accordingly. ### deleted


### 4. where a person is detained pursuant to this article , the detention shall be ordered in writing by judicial authorities. the detention order shall state the reasons in fact and in law on which it is based. ### 4. where a person is detained pursuant to this article , the detention shall be ordered in writing by judicial authorities. the detention order shall state the reasons in fact and in law on which it is based and shall contain a reference to the consideration of the available alternatives and the reasons as to way they could not be applied effectively.


### 4. where a person is detained pursuant to this article , the detention shall be ordered in writing by judicial authorities. the detention order shall state the reasons in fact and in law on which it is based. ### 4. where a person is detained pursuant to this article , the detention shall be ordered in writing by the administrative and judicial authorities. the detention order shall state the reasons in fact and in law on which it is based.


### 5. as regards the detention conditions and the guarantees applicable to applicants detained , in order to secure the transfer procedures to the member state responsible , articles 9 , 10 and 11 of directive xxx/xxx/eu [reception conditions directive] shall apply. ### 5. as regards the detention conditions , which shall fully respect the person's fundamental rights and the guarantees applicable to applicants detained , in order to secure the transfer procedures to the member state responsible , articles 9 , 10 and 11 of directive xxx/xxx/eu [reception conditions directive] shall apply.


### 1. the transfer of an applicant or of another person as referred to in article 26(1) , point (b) , (c) and (d) , from the requesting or notifying member state to the member state responsible shall be carried out in accordance with the national law of the requesting or notifying member state , after consultation between the member states concerned , as soon as practically possible , and at the latest within six months of the acceptance of the take charge request or of the confirmation of the take back notification by another member state or of the final decision on an appeal or review of a transfer decision where there is a suspensive effect in accordance with article 33(3). that time limit may be extended up to a maximum of one year if the transfer cannot be carried out due to imprisonment of the person concerned. ### 1. the transfer of an applicant or of another person as referred to in article 26(1) , point (b) , (c) and (d) , from the requesting or notifying member state to the member state responsible shall be carried out in accordance with the national law of the requesting or notifying member state , after consultation between the member states concerned , as soon as practically possible.


### 1. the transfer of an applicant or of another person as referred to in article 26(1) , point (b) , (c) and (d) , from the requesting or notifying member state to the member state responsible shall be carried out in accordance with the national law of the requesting or notifying member state , after consultation between the member states concerned , as soon as practically possible , and at the latest within six months of the acceptance of the take charge request or of the confirmation of the take back notification by another member state or of the final decision on an appeal or review of a transfer decision where there is a suspensive effect in accordance with article 33(3). that time limit may be extended up to a maximum of one year if the transfer cannot be carried out due to imprisonment of the person concerned. ### 1. the transfer of an applicant or of another person as referred to in article 26(1) , point (b) , from the requesting or notifying member state to the member state responsible shall be carried out in accordance with the national law of the requesting or notifying member state , after consultation between the member states concerned , as soon as practically possible , and at the latest within six months of the acceptance of the take charge request or of the confirmation of the take back request by another member state or of the final decision on an appeal or review of a transfer decision where there is a suspensive effect in accordance with article 33(3). that time limit may be extended up to a maximum of one year if the transfer cannot be carried out due to imprisonment of the person concerned for criminal purposes.


### 1. the transfer of an applicant or of another person as referred to in article 26(1) , point (b) , (c) and (d) , from the requesting or notifying member state to the member state responsible shall be carried out in accordance with the national law of the requesting or notifying member state , after consultation between the member states concerned , as soon as practically possible , and at the latest within six months of the acceptance of the take charge request or of the confirmation of the take back notification by another member state or of the final decision on an appeal or review of a transfer decision where there is a suspensive effect in accordance with article 33(3). that time limit may be extended up to a maximum of one year if the transfer cannot be carried out due to imprisonment of the person concerned. ### 1. the transfer of an applicant or of another person as referred to in article 26(1) , point (b) , (c) and (d) , from the requesting or notifying member state to the member state responsible shall be carried out in accordance with the national law of the requesting or notifying member state , after consultation between the member states concerned , as soon as practically possible , and at the latest within 12 months of the acceptance of the take charge request or of the confirmation of the take back notification by another member state or of the final decision on an appeal or review of a transfer decision where there is a suspensive effect in accordance with article 33(3). that time limit may be extended up to a maximum of 18 months if the transfer cannot be carried out due to imprisonment of the person concerned.


### 1. the transfer of an applicant or of another person as referred to in article 26(1) , point (b) , (c) and (d) , from the requesting or notifying member state to the member state responsible shall be carried out in accordance with the national law of the requesting or notifying member state , after consultation between the member states concerned , as soon as practically possible , and at the latest within six months of the acceptance of the take charge request or of the confirmation of the take back notification by another member state or of the final decision on an appeal or review of a transfer decision where there is a suspensive effect in accordance with article 33(3). that time limit may be extended up to a maximum of one year if the transfer cannot be carried out due to imprisonment of the person concerned. ### 1. the transfer of an applicant or of another person as referred to in article 26(1) , point (b) , from the requesting or notifying member state to the member state responsible shall be carried out in accordance with the national law of the requesting or notifying member state , after consultation between the member states concerned , as soon as practically possible , and at the latest within six months of the acceptance of the take charge request or of the confirmation of the take back notification by another member state or of the final decision on an appeal or review of a transfer decision where there is a suspensive effect in accordance with article 33(3). that time limit may be extended up to a maximum of one year if the transfer cannot be carried out due to imprisonment of the person concerned.


### where the transfer is carried out for the purpose of relocation , the transfer shall take place within the time limit set out in article 57(9). ### deleted


### notwithstanding the first subparagraph , where the person concerned absconds and the requesting or notifying member state informs the member state responsible before the expiry of the time limits set out in paragraph 1 , first subparagraph , that the person concerned has absconded , the transferring member state shall retain the right to carry out the transfer within the remaining time at a later stage , should the person become available to the authorities again , unless another member state has carried out the procedures in accordance with this regulation and transferred the person to the responsible member state after the person absconded. ### deleted


### 1. in accordance with article 17 of regulation (eu) xxx/xxx [asylum and migration fund] , a contribution shall be paid to the member state carrying out the transfer for the transfer of an applicant or another person as referred to in article 26(1) , point (b) , (c) or (d) , pursuant to article 35. ### 1. the costs necessary to transfer an applicant or another person to the member state responsible shall be met by the general budget of the union.


### 1. the member state carrying out the transfer of an applicant or of another person as referred to in article 26(1) , point (b) , (c) or (d) , shall communicate to the member state responsible such personal data concerning the person to be transferred as is adequate , relevant and limited to what is necessary for the sole purposes of ensuring that the competent authorities , in accordance with national law in the member state responsible , are in a position to provide that person with adequate assistance , including the provision of immediate health care required in order to protect his or her vital interests , to ensure continuity in the protection and rights afforded by this regulation and by other applicable asylum legal instruments. those data shall be communicated to the member state responsible within a reasonable period of time before a transfer is carried out , in order to ensure that its competent authorities in under national law have sufficient time to take the necessary measures. ### 1. the member state carrying out the transfer of an applicant or of another person as referred to in article 26(1) , point (b) , shall communicate to the member state responsible such personal data concerning the person to be transferred as is adequate , relevant and limited to what is necessary for the sole purposes of ensuring that the competent authorities , in accordance with national law in the member state responsible , are in a position to provide that person with adequate assistance , including the provision of immediate health care required in order to protect his or her vital interests , to ensure continuity in the protection and rights afforded by this regulation and by other applicable asylum legal instruments. those data shall be communicated to the member state responsible within a reasonable period of time before a transfer is carried out , in order to ensure that its competent authorities in under national law have sufficient time to take the necessary measures.


### in the case of minors , information on their education; ### in the case of minors , the best interests of the child assessment and information as set out in article 13 , including on their education;


### 3. provided it is necessary for the examination of the application for international protection , the member state responsible may request another member state to let it know on what grounds the applicant bases his or her application and , where applicable , the grounds for any decisions taken concerning the applicant. the other member state may refuse to respond to the request submitted to it , if the communication of such information is likely to harm its essential interests or the protection of the liberties and fundamental rights of the person concerned or of others. in any event , communication of the information requested shall be subject to the written approval of the applicant for international protection , obtained by the requesting member state. in that case , the applicant must know for what specific information he or she is giving his or her approval. ### 3. provided it is necessary for the examination of the application for international protection , the member state responsible may request another member state to let it know on what grounds the applicant bases his or her application and , where applicable , the grounds for any decisions taken concerning the applicant. the other member state may refuse to respond to the request submitted to it , if the communication of such information is likely to harm the protection of the liberties and fundamental rights of the person concerned or of others. in any event , communication of the information requested shall be subject to the written approval of the applicant for international protection , obtained by the requesting member state. in that case , the applicant must know for what specific information he or she is giving his or her approval.


### 3. before concluding or amending any arrangement as referred to in paragraph 1 , point (b) , the member states concerned shall consult the commission as to the compatibility of the arrangement with this regulation. ### 3. before concluding or amending any arrangement as referred to in paragraph 1 , point (b) , the member states concerned shall consult the commission as to the compatibility of the arrangement with this regulation and with other relevant provisions of eu law , including the charter of fundamental rights.


### 4. if the commission considers the arrangements referred to in paragraph 1 , point (b) , to be incompatible with this regulation , it shall , within a reasonable period , notify the member states concerned. the member states shall take all appropriate steps to amend the arrangement concerned within a reasonable time in such a way as to eliminate any incompatibilities observed. ### 4. if the commission considers the arrangements referred to in paragraph 1 , point (b) , to be incompatible with this regulation , and with any other relevant provisions of eu law including the charter of fundamental rights , it shall , within a reasonable period , notify the member states concerned. the member states shall take all appropriate steps to amend the arrangement concerned within a reasonable time in such a way as to eliminate any incompatibilities observed.


### a. whereas the eu facility for refugees in turkey (frt) was created in 2016 in the framework of the eu-turkey statement and manages eur 6 billion; whereas human rights violations have taken place under this agreement which are incompatible with the eu charter of fundamental rights; ### a. whereas the eu facility for refugees in turkey (frt) was created in 2016 in the framework of the eu-turkey statement and manages eur 6 billion;


### a. whereas the eu facility for refugees in turkey (frt) was created in 2016 in the framework of the eu-turkey statement and manages eur 6 billion; whereas human rights violations have taken place under this agreement which are incompatible with the eu charter of fundamental rights; ### a. whereas the eu facility for refugees in turkey (frt) was created in 2016 in the framework of the eu-turkey statement and manages eur 6 billion mobilised in two tranches' the first tranche serves to fund projects that run until mid-2021 latest and the second tranche serves to fund projects , which run until mid-2025 latest.


### b. whereas the eu emergency trust fund for stability and addressing root causes of irregular migration and displaced persons in africa (eutf) was established in 2015; whereas the eutf makes predominant use (90 %) of official development assistance; whereas it became the main financial instrument for the eu’s political engagement with african partners in the field of migration; whereas the eutf has funded over 500 projects in more than 25 countries in africa for a total of over eur 4.8 billion; whereas the eutf has raised concerns about contributing to inhumane and degrading treatment and/or financing actors that have committed human rights violations , such as in libya , eritrea and sudan; ### b. whereas the eu emergency trust fund for stability and addressing root causes of irregular migration and displaced persons in africa (eutf) was established in 2015; whereas the eutf makes predominant use (90 %) of official development assistance; whereas it became the main financial instrument for the eu’s political engagement with african partners in the field of migration; whereas the eutf has funded over 500 projects in more than 26 partner countries across three regions of africa: the sahel and lake chad , the horn of africa and north africa , for a total of over eur 4.8 billion; whereas these countries face growing challenges ranging from demographic pressure , extreme poverty , weak social and economic infrastructure , internal tensions and institutional weaknesses to insufficient resilience to food crises and environmental stress;


### b. whereas the eu emergency trust fund for stability and addressing root causes of irregular migration and displaced persons in africa (eutf) was established in 2015; whereas the eutf makes predominant use (90 %) of official development assistance; whereas it became the main financial instrument for the eu’s political engagement with african partners in the field of migration; whereas the eutf has funded over 500 projects in more than 25 countries in africa for a total of over eur 4.8 billion; whereas the eutf has raised concerns about contributing to inhumane and degrading treatment and/or financing actors that have committed human rights violations , such as in libya , eritrea and sudan; ### b. whereas the eu emergency trust fund for stability and addressing root causes of irregular migration and displaced persons in africa (eutf) was established in 2015; whereas the eutf makes predominant use (90 %) of official development assistance; whereas it became the main financial instrument for the eu’s political engagement with african partners in the field of migration; whereas the eutf has funded over 500 projects in more than 25 countries in africa for a total of over eur 4.8 billion; whereas the eutf has become a major and flexible tool for achieving stability in third countries and for combating forced displacement and the root causes of irregular migration;


### 1. deplores the fact that both the eutf and the frt are ad hoc instruments that were set up outside the eu budget , raising concerns over their lack of transparency and democratic accountability; points out that their governance structures deviate from ordinary decision-making and bypass parliament scrutiny; ### 1. welcomes the action and results achieved by the eutf and the frt; stresses that these instruments must be implemented in accordance with fundamental rights;


### 1. deplores the fact that both the eutf and the frt are ad hoc instruments that were set up outside the eu budget , raising concerns over their lack of transparency and democratic accountability; points out that their governance structures deviate from ordinary decision-making and bypass parliament scrutiny; ### 1. underlines the fact that the eutfs are ad hoc instruments that were set up outside the eu budget , raising concerns over their lack of transparency and democratic accountability; points out that the facility for refugees in turkey (frt) differs from the other eu trust funds , mainly because it remains embedded within the budget of the eu;


### 2. is concerned about the governance of the eutf: the composition of its board and regional operational committees , the opacity of the process for approving projects , the lack of dialogue with local and human rights csos , and the lack of ex ante and ongoing impact assessments on fundamental rights; ### 2. considers the governance of the eutf and its adaptability and flexibility to be assets; notes , however , that the eutf would benefit from improved parliamentary scrutiny;


### 2. stresses that the need to create such trust funds is partly a consequence of the eu budget being structurally underfinanced and lacking possibilities to finance unexpected needs; ### 2. stresses that the need to create such trust funds is partly a consequence of the eu budget lacking possibilities to finance unexpected needs;


### 2. stresses that the need to create such trust funds is partly a consequence of the eu budget being structurally underfinanced and lacking possibilities to finance unexpected needs; ### 2. stresses that the need to create such trust funds is partly a consequence of the eu budget being structurally underfinanced in several areas and lacking possibilities to finance unexpected needs;


### 2. recalls that the turkey facility is made up of two tranches of eur 3 billion each; regrets the fact that , unlike in the first tranche 2016-2017 , where the eu budget contributed eur 1 billion and member states eur 2 billion , in the second tranche 2018-2019 the ratio of contributions was reversed , to the detriment of existing union projects; ### 2. recalls that the turkey facility is made up of two tranches of eur 3 billion each; regrets the fact that , unlike in the first tranche 2016-2017 , where the eu budget contributed eur 1 billion and member states eur 2 billion , in the second tranche 2018-2019 the ratio of contributions was reversed;


### 3. highlights that the eutf is part of a trend of the securitisation and externalisation of eu border management aimed at reducing irregular migration to the eu; stresses the risks to development objectives and fundamental rights associated with this approach. ### 3. highlights that the eutfs support partner countries in developing national and regional strategies on migration management in line with international standards , improve capacities to prevent irregular migration and fight against trafficking inhuman beings and migrant smuggling , facilitate sustainable and dignified return and reintegration , seek durable solutions for people in need of international protection and enhance synergies between migration and development;


### 3. highlights that the eutf is part of a trend of the securitisation and externalisation of eu border management aimed at reducing irregular migration to the eu; stresses the risks to development objectives and fundamental rights associated with this approach. ### 3. notes with satisfaction that the eutf contributes , in conjunction with the beneficiary states and on the basis of a genuine partnership , to eu border securitisation and management; welcomes the fact that one of the main aims of the eutf is to reduce irregular migration to the eu;


### 3. insists on the need to ensure that the objectives of the frt are consistent with the eu’s general principles , policies and objectives , including democracy , the rule of law and human rights; ### 3. insists on the need to ensure that the objectives of the frt are fully consistent with the eu’s general principles and legal commitments laid down in the eu treaties as well as with eu policies and objectives , including democracy , the rule of law , and human rights;


### 3. insists on the need to ensure that the objectives of the frt are consistent with the eu’s general principles , policies and objectives , including democracy , the rule of law and human rights; ### 3. insists on the need to ensure that the objectives of the frt are consistent with the eu’s general principles , policies and objectives , including democracy , the rule of law and human rights; underlines the need to ensure that these objectives are met;


### 4. calls on the commission to better address refugees’ needs for municipal infrastructure and socio-economic support , in order to improve the streamlining and complementarity of the assistance provided to them; ### 4. calls on the commission to better address refugees’ needs for municipal infrastructure and socio-economic support , in order to improve the streamlining and complementarity of the assistance provided to them; recalls the need for equal access to education and training opportunities for girls and young women;


### 5. welcomes the commission’s efforts to closely monitor and evaluate interventions , and to generate knowledge about the activities of the eutfs and of the frt , through a dedicated set of reports; hails these efforts to achieve greater transparency by publishing relevant data on the web pages of the eutfs and the frt; ### 5. welcomes the commission’s efforts to closely monitor and evaluate interventions , and to generate knowledge about the activities of the eutfs and of the frt , through a dedicated set of reports; hails these efforts to achieve greater transparency by publishing relevant data on the web pages of the eutfs and the frt; notes that information on the involvement of civil society organisations (csos) were made available in the annual report of 2019 and 2020 of the eutf for africa; regrets , nevertheless , that information on the involvement of local civil society organisations are limited due to the low transparency of subcontracting levels; where possible , such information should be broken down at project level and shall always take into account the protection of confidential and commercially sensitive information;


### 6. underlines the need to make sure strict monitoring exercises and audits are carried out to ensure compliance with the financial regulation; invites the commission to scale up reporting on the frt and asks it to ensure that these funds specifically target refugee projects and are not used for any other purposes; ### 6. underlines the need to make sure strict monitoring exercises and audits are carried out to ensure compliance with the financial regulation and control and access for the eca , olaf , eppo and the european parliament as audit authority; invites the commission to scale up reporting on the frt and asks it to ensure that these funds specifically target refugee projects and are not used for any other purposes;


### 6. underlines the need to make sure strict monitoring exercises and audits are carried out to ensure compliance with the financial regulation; invites the commission to scale up reporting on the frt and asks it to ensure that these funds specifically target refugee projects and are not used for any other purposes; ### 6. underlines the need to make sure strict monitoring exercises and audits are carried out to ensure compliance with the financial regulation; invites the commission to scale up reporting on the frt and asks it to ensure that these funds reach the right beneficiaries , specifically targeting refugee projects , and are not used for any other purposes;


### 8. stresses that the actions under each strand of the frt will achieve more value for money if they are part of an integrated approach; ### 8. stresses that the actions under each strand of the frt will be higher , more sustainable and will achieve more value for money if they are part of an integrated approach;


### 9. calls on the commission to implement a strategy for the transition from humanitarian to development assistance and to improve the efficiency of cash assistance projects; ### 9. calls on the commission to assess the current orientation of the humanitarian assistance provided and to improve the efficiency of cash assistance projects;


### 10. notes with appreciation the efforts and measures taken by the eu and its member states to support refugees in turkey; regrets , however , the general public’s lack of knowledge about these actions. ### 10. notes with appreciation the efforts and measures taken by the eu and its member states to support refugees and host communities in turkey; regrets , however , the general public’s lack of knowledge about these actions and their objectives;


### 10. considers that the madad eutf has proven its added value in response to the crisis and for the eu in terms of higher external visibility and clout , increased control , coordination and leverage of funds from various sources , as compared to national level or other international channels; notes that its spending was aligned with the legal bases or the union instruments used; ### 10. considers that the madad eutf has proven its added value in response to the crisis and for the eu in terms of higher external visibility and clout , increased control , coordination and leverage of funds from various sources , as compared to national level or other international channels; notes that its spending was aligned with the legal bases or the union instruments used; regrets the conflict in syria continues , and needs of the syrian refugees , unable to return to syria to their home country in the foreseeable future , and needs of their host communities’ in terms of longer-term integration and employment , still require eu and international long-term assistance and secure their capacity of longer-term integration and employment in a cohesive way with the host communities , points out that the conflict-prone areas in syria do not permit long term reconstruction to take place;


### d. whereas the establishment of both the eutfs and the facility for refugees in turkey (frt) have been justified by the need for a flexible and swift reaction not possible under the classical institutional framework; whereas the extra-budgetary instruments such as the eutfs , as well as extraordinary tools such as the frt , pose challenges with respect to democratic accountability , including the role of the european parliament and also the integrity of the eu budget; ### d. whereas the establishment of both the eutfs and the facility for refugees in turkey (frt) have been justified by the need for a flexible and swift reaction not possible under the classical institutional framework; whereas the extra-budgetary instruments such as the eutfs , as well as extraordinary tools such as the frt , pose challenges with respect to democratic accountability , including the role of the european parliament and also the integrity of the eu budget; whereas , when setting-up a union trust fund , the european commission has to justify its value added , visibility , complementarity with other eu financing instrument and alignment with policy objectives;


### 14. welcomes the fact that the eutf for africa has contributed to the triple humanitarian-development-peace nexus approach , which was not possible with the eu financial instruments under the previous mff; ### 14. welcomes the fact that the eutf for africa has contributed to the triple humanitarian-development-peace nexus approach;


### 15. welcomes the generally strong degree of local ownership , the involvement of local authorities and civil society organisations (csos) in projects supported by the eutf for africa; ### 15. welcomes the generally strong degree of local ownership , the involvement of local authorities and civil society organisations (csos) in projects supported by the eutf for africa; hails the extensive consultations , with base line studies carried out to identify priority needs;