### (37) persons granted immediate protection pursuant to regulation (eu) xxx/xxx [regulation addressing situations of crisis and force majeure in the field of asylum and migration] should continue to be considered as applicants for international protection , in view of their pending (suspended) application for international protection within the meaning of regulation (eu) xxx/xxx [asylum procedure regulation]. as such , they should fall under the scope of this regulation and be considered as applicants for the purpose of applying the criteria and mechanisms for determining the member state responsible for examining their applications for international protection or the procedure for relocation as set out in this regulation. ### deleted


### (38) in order to limit unauthorised movements and to ensure that the member states have the necessary tools to ensure transfers of beneficiaries of international protection who entered the territory of another member state than the member state responsible without fulfilling the conditions of stay in that other member state to the member state responsible , and to ensure effective solidarity between member states , this regulation should also apply to beneficiaries of international protection. likewise , this regulation should apply to persons resettled or admitted by a member state in accordance with regulation (eu) xxx/xxx [union resettlement framework regulation] or who are granted international protection or humanitarian status under a national resettlement scheme. ### (38) this regulation should also apply to beneficiaries of international protection; following their consent to be relocated to another member state.


### (39) at the same time , and given the importance of facilitating the full integration of beneficiaries of international protection in the member state of residence , the prospect of obtaining long-term resident status in a shorter period of time should be provided for. beneficiaries of international protection should be able to obtain long-term resident status in the member state which granted them international protection after three years of legal and continuous residence in that member state. as regards other conditions to obtain the status , beneficiaries of international protection should be required to fulfil the same conditions as other third-country nationals. council directive 2003/109/ec42 should therefore be amended accordingly. ### (39) at the same time , and given the importance of facilitating the full integration of beneficiaries of international protection in the member state of residence , the prospect of obtaining long-term resident status in a shorter period of time should be provided for. beneficiaries of international protection , as well as beneficiaries of protection under the 1954 convention relating to stateless persons , should be able to obtain long-term resident status in the member state which granted them international protection after three years of legal and continuous residence in that member state. as regards other conditions to obtain the status , beneficiaries of international protection should be required to fulfil the same conditions as other third-country nationals. council directive 2003/109/ec42 should therefore be amended accordingly.


### (40) for reasons of efficiency and legal certainly , it is essential that the regulation is based on the principle that responsibility is determined only once , unless the person concerned has left the territory of the member states in compliance with a return decision or removal order. ### (40) for reasons of efficiency and legal certainty , it is essential that the regulation is based on the principle that responsibility is determined only once , unless the person concerned has left the territory of the member states in compliance with a return decision or removal order.


### (41) directive xxx/xxx/eu [reception conditions directive] of the european parliament and of the council43 should apply to the procedure for the determination of the member state responsible as regulated under this regulation , subject to the limitations in the application of that directive. ### (41) directive xxx/xxx/eu [reception conditions directive] of the european parliament and of the council43 should apply to all procedures regulated under this regulation , subject to the limitations in the application of that directive.


### (43) in accordance with the 1989 united nations convention on the rights of the child and with the charter of fundamental rights of the european union , the best interests of the child should be a primary consideration of member states when applying this regulation. in assessing the best interests of the child , member states should , in particular , take due account of the minor’s well-being and social development , safety and security considerations and the views of the minor in accordance with his or her age and maturity , including his or her background. in addition , specific procedural guarantees for unaccompanied minors should be laid down on account of their particular vulnerability. ### (43) in accordance with the 1989 united nations convention on the rights of the child and with the charter of fundamental rights of the european union , the fundamental principle of the best interests of the child as well as the right to family reunification should be the primary consideration of member states when applying this regulation. in assessing the best interests of the child in the short , medium and long-term , member states should , in particular , take due account of the minor’s well-being and social development , safety and security considerations and the views of the minor in accordance with his or her age and maturity , including his or her background. in addition , specific procedural guarantees for unaccompanied minors should be laid down on account of their particular vulnerability.


### (44) in accordance with the european convention for the protection of human rights and fundamental freedoms and with the charter of fundamental rights of the european union , respect for family life should be a primary consideration of member states when applying this regulation. ### (44) in accordance with the european convention for the protection of human rights and fundamental freedoms and with the charter of fundamental rights of the european union , respect for private and family life as well as the principle of non-discrimination should be the primary consideration of member states when applying this regulation.


### (45) in order to prevent that persons who represent a security risk are transferred among the member states , it is necessary to ensure that the member state where an application is first registered does not apply the responsibilty criteria or the benefitting member state does not apply the relocation procedure where there are reasonable grounds to consider the person concerned a danger to national security or public order. ### deleted


### (46) the processing together of the applications for international protection of the members of one family by a single member state should make it possible to ensure that the applications are examined thoroughly , the decisions taken in respect of them are consistent and the members of one family are not separated. ### (46) in order to ensure family unity , the processing together of the applications for international protection of the members of one family by a single member state should make it possible to ensure that the applications are examined thoroughly , the decisions taken in respect of them are consistent and the members of one family are not separated. the processing together of the applications of a family is without prejudice to the right of an applicant to make an application individually.


### (47) the definition of a family member in this regulation should include the sibling or siblings of the applicant. reuniting siblings is of particular importance for improving the chances of integration of applicants and hence reducing unauthorised movements. the scope of the definition of family member should also reflect the reality of current migratory trends , according to which applicants often arrive to the territory of the member states after a prolonged period of time in transit. the definition should therefore include families formed outside the country of origin , but before their arrival on the territory of the member state. this limited and targeted enlargement of the scope of the definition is expected to reduce the incentive for some unauthorised movements of asylum seekers within the eu. ### (47) the definition of a family member in this regulation should include the sibling or siblings as well as members of households that existed in the country of origin of the applicant of the applicant. reuniting siblings is of particular importance for improving the chances of integration of applicants. the scope of the definition of family member should also reflect the reality of current migratory trends , according to which applicants often arrive to the territory of the member states after a prolonged period of time in transit. the definition should therefore also include families formed outside the country of origin.


### (48) in order to ensure full respect for the principle of family unity and for the best interests of the child , the existence of a relationship of dependency between an applicant and his or her child , sibling or parent on account of the applicant’s pregnancy or maternity , state of health or old age , should be a binding responsibility criterion. when the applicant is an unaccompanied minor , the presence of a family member or relative on the territory of another member state who can take care of him or her should also become a binding responsibility criterion. in order to discourage unauthorised movements of unaccompanied minors , which are not in their best interests , in the absence of a family member or a relative , the member state responsible should be that where the unaccompanied minor’s application for international protection was first registered , unless it is demonstrated that this would not be in the best interests of the child. before transferring an unaccompanied minor to another member state , the transferring member state should make sure that that member state will take all necessary and appropriate measures to ensure the adequate protection of the child , and in particular the prompt appointment of a representative or representatives tasked with safeguarding respect for all the rights to which they are entitled. any decision to transfer an unaccompanied minor should be preceded by an assessment of his or her best interests by staff with the necessary qualifications and expertise. ### (48) in order to ensure full compliance with the principle of family unity and for the best interests of the child , the existence of a relationship of dependency between an applicant and his or her child , sibling or parent including on account of the applicant’s pregnancy or maternity , state of health or old age , should be a binding responsibility criterion. when the applicant is an unaccompanied minor , the presence of a family member or relative on the territory of another member state who can take care of him or her should also become a binding responsibility criterion unless it is demonstrated that this is not in the best interest of the child. in the absence of a family member or a relative , the member state responsible should be that where the unaccompanied is currently present , unless it is demonstrated that this would not be in the best interests of the child. before transferring a minor to another member state , the transferring member state should obtain individual guarantees from that member state that it will take all necessary and appropriate measures to ensure the adequate protection of the child , and in particular the prompt appointment of a representative or representatives tasked with safeguarding respect for all the rights to which they are entitled. any decision to transfer a minor should be preceded by an assessment of his or her best interests by a multidisciplinary team with the necessary qualifications and expertise and the participation of his or her representative and legal advisor.


### (49) the rules on evidence should allow for a swifter family reunification than until now. it is therefore necessary to clarify that formal proof , such as original documentary evidence and dna testing , should not be necessary in cases where the circumstantial evidence is coherent , verifiable and sufficiently detailed to establish responsibility for examining an application for international protection. ### (49) the rules on evidence should allow for a swifter family reunification than until now. it is therefore necessary to clarify that formal proof , such as original documentary evidence and dna testing , should not be necessary to establish responsibility for examining an application for international protection. member states’ authorities should consider all available evidence including photos , proof of contact and witness statements to make a fair appraisal of the relationship. the best interests of the child should be a primary consideration throughout the family reunification procedure involving children , which must be completed in a positive , humane and expeditious manner.


### (51) considering that a member state should remain responsible for a person who has irregularly entered its territory , it is also necessary to include the situation when the person enters the territory following a search and rescue operation. a derogation from this responsibility criterion should be laid down for the situation where a member state has relocated persons having crossed the external border of another member state irregularly or following a search and rescue operation. in such a situation , the member state of relocation should be responsibile if the person applies for international protection. ### deleted


### (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. ### deleted


### (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. ### deleted


### (55) a personal interview with the applicant should be organised in order to facilitate the determination of the member state responsible for examining an application for international protection unless the applicant has absconded , has not attended the interview without justified reasons or the information provided by the applicant is sufficient for determining the member state responsible. as soon as the application for international protection is registered , the applicant should be informed in particular of the application of this regulation , the fact that the member state responsible for examining his or her application for international protection is based on objective criteria , of his or her rights as well as of the obligations under this regulation and of the consequences of not complying with them. ### (55) a personal interview with the applicant should be organised in order to facilitate the determination of the member state responsible for examining an application for international protection unless the information provided by the applicant is sufficient for determining the member state responsible and the applicant does explicitly request not to be heard. as soon as the application for international protection is registered , the applicant should be informed in particular of the application of this regulation , of his or her rights as well as of the obligations under this regulation and of the consequences of not complying with them and of the necessity to present all information which is relevant to determining the member state responsible , in particular the presence of family members in the member states and other meaningful links. the applicant should also be fully informed about his or her rights , including the right to an effective remedy and legal assistance. the information should be provided in a language that he or she understands and can communicate in , in a concise , transparent , intelligible and easily accessible form , using clear and plain language.


### (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.


### (57) in order to facilitate the smooth application of this regulation , member states should in all cases indicate the member state responsible in eurodac after having concluded the procedures for determining the member state responsible , including in cases where the responsibility results from the failure to respect the time limits for sending or replying to take charge requests , carrying a transfer , as well as in cases where the member state of first application becomes responsible or it is impossible to carry out the transfer to the member state primarily responsible due to systemic deficiencies resulting in a risk of inhuman or degrading treatment and subsequently another member state is determined as reponsible. ### (57) in order to facilitate the smooth application of this regulation , member states should in all cases indicate the member state responsible in eurodac after having concluded the procedures for determining the member state responsible , including in cases where the responsibility results from the failure to respect the time limits for sending or replying to take charge requests , carrying a transfer , as well as in cases where the member state of first application becomes responsible or it is impossible to carry out the transfer to the member state primarily responsible due to a risk of violation of fundamental rights and subsequently another member state is determined as reponsible.


### (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


### (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) a person should not be held in detention on the basis of this regulation. detention or confinement of children , whether unaccompanied or within families , is never in their best interests and always constitutes a child’s rights violation. it should therefore be prohibited.


### (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 shall 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.


### (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) 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.


### (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 relocation , 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.


### (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 and simplifying the processing of take charge requests.


### (68) the operation of the visa information system , as established by regulation (ec) no 767/2008 of the european parliament and of the council46 , and in particular the implementation of articles 21 and 22 thereof , should facilitate the application of this regulation. ### deleted


### (70) regulation (eu) 2016/679 of the european parliament and of the council47 applies to the processing of personal data by the member states under this regulation. member states should implement appropriate technical and organisational measures to ensure and be able to demonstrate that processing is performed in accordance with that regulation and the provisions specifying its requirements in this regulation. in particular those measures should ensure the security of personal data processed under this regulation and in particular to prevent unlawful or unauthorised access or disclosure , alteration or loss of personal data processed. the competent supervisory authority or authorities of each member state should monitor the lawfulness of the processing of personal data by the authorities concerned , including of the transmission to the authorities competent for carrying out security checks. ### (70) regulation (eu) 2016/679 of the european parliament and of the council47 applies to the processing of personal data by the member states under this regulation. member states should implement appropriate technical and organisational measures to ensure and be able to demonstrate that processing is performed in accordance with that regulation and the provisions specifying its requirements in this regulation. in particular those measures should ensure the security of personal data processed under this regulation and in particular to prevent unlawful or unauthorised access or disclosure , alteration or loss of personal data processed. in particular , data subjects should be notified without undue delay when a security incident is likely to result in a high risk to their rights and freedoms. the competent supervisory authority or authorities of each member state should monitor the lawfulness of the processing of personal data by the authorities concerned , including of the transmission to the authorities competent for carrying out security checks.


### (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 notifications; of two lists of relevant elements of proof and circumstantial evidence , and the periodical revision thereof; of a laissez-passer for take charge requests; 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; 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 with children's rights ngos 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 registered in one of the member states by a third-country national or a stateless person , and the establishment of a solidarity mechanism , 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.


### where the application for international protection is made in the international transit area of an airport of a member state by a third-country national or a stateless person , that member state shall be responsible for examining the application. ### where the application for international protection is made in the international transit area of an airport of a member state by a third-country national or a stateless person , pursuant to article 1(1) of the 1954 convention relating to the status of stateless persons , that member state shall be responsible for examining the application.


### 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 an applicant is dependent on the assistance of his or her spouse , child , sibling or parent legally resident in one of the member states , or his or her spouse , child , sibling or parent legally resident in one of the member states is dependent on the assistance of the applicant , member states shall keep or bring together the applicant with that spouse , child , sibling or parent , provided that the spouse , 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 spouse , 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 spouse , 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 spouse , 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 spouse , 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.


### 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. pursuant to article 1(1) of the 1954 convention relating to the status of stateless persons , registered with it , even if such examination is not its responsibility under the criteria laid down in chapter ii.


### 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 made 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 , in particular on humanitarian grounds based in particular on family , cultural or social considerations , language skills or other meaningful links which would facilitate his or her integration even where that other member state is not responsible under the criteria laid down in chapter ii. the persons concerned must express their consent in writing.


### take charge , under the conditions laid down in articles 29 , 30 and 35 , of an applicant whose application was registered in a different member state; ### take charge , under the conditions laid down in articles 29 , 30 and 35 , of an applicant who has made an application for international protection in a different member state;


### take back , under the conditions laid down in articles 31 and 35 of this regulation , an applicant or a third-country national or a stateless person 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]; ### take back , under the conditions laid down in articles 31 and 35 of this regulation , an applicant 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];


### 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


### 2. the obligation laid down in article 26(1) , point (b) , of this regulation to take back a third-country national or a stateless person shall cease where it can be established , on the basis of the update of the data set referred to in article 11(2)(c) of regulation (eu) xxx/xxx [eurodac regulation] , that the person concerned has left the territory of the member states , on either a compulsory or a voluntary basis , in compliance with a return decision or removal order issued following the withdrawal or rejection of the application. ### 2. the obligations specified in article 26 shall cease where the member state responsible can establish , when requested to take charge or take back an applicant or another person as referred to in article 26 , that the person concerned has left the territory of the member states for at least three months , unless the person concerned is in possession of a valid residence document issued by the member state responsible. an application registered after the period of absence referred to in the first subparagraph shall be regarded as a new application giving rise to a new procedure for determining the member state responsible.


### 4. an applicant who is present in another member state without a residence document or who there makes an application for international protection during the process of determining the member state responsible , shall be taken back , under the conditions laid down in articles 31 and 35 , by the member state with which that application was first registered. ### 4. an applicant who is present in another member state without a residence document or who there makes an application for international protection during the process of determining the member state responsible , shall be taken back , under the conditions laid down in articles 31 and 35 , by the member state with which that application was first registered with a view to completing the process of determining the member state responsible , unless there is a risk of violations of fundamental rights.


### 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. ### deleted


### where the request to take charge of an applicant is not made within the periods laid down in the first and second subparagraphs , responsibility for examining the application for international protection shall lie with the member state where the application was registered. ### deleted


### 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 a minor , for the purpose of calculating the deadlines referred to in the first and second subparagraphs of this paragraph , time shall start to run when a representative has been appointed and when the best interests assessment pursuant to article 13 has been concluded. additionally , 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 , 17 , 18 or 24 the determining member state shall , 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.


### 2. notwithstanding the first paragraph , in the case of a eurodac hit with data recorded pursuant to article 13 and 14a of regulation (eu) xxx/xxx [eurodac regulation] or of a vis hit with data recorded pursuant to article 21(2) of regulation (ec) no 767/2008 , the requested member state shall give a decision on the request within two weeks of receipt of the request. ### deleted


### 4. the commission shall , by means of implementing acts , establish , and review periodically , two lists , indicating the relevant elements of proof and circumstantial evidence in accordance with the criteria set out in points (a) and (b) of this paragraph. those implementing acts shall be adopted in accordance with the examination procedure referred to in article 67(2). ### 4. the commission shall , by means of delegated acts , establish , and review periodically , two lists , indicating the relevant elements of proof and circumstantial evidence in accordance with the criteria set out in points (a) and (b) of this paragraph.


### (ii) the member states shall provide the committee provided for in article 67 with models of the different types of administrative documents , in accordance with the typology established in the list of formal proofs; ### (ii) the member states shall provide the commission with models of the different types of administrative documents , in accordance with the typology established in the list of formal proofs;


### 6. the requested member state shall acknowledge its responsibility if the circumstantial evidence is coherent , verifiable and sufficiently detailed to establish responsibility. ### 6. the requested member state shall acknowledge its responsibility after considering all available circumstantial evidence , including photos , proof of contact and witness statements to make a fair appraisal of the relationship.


### 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 make a take back request without delay and in any event within two weeks after receiving the eurodac hit.


### 2. a take back notification shall be made using a standard form and shall include proof or circumstantial evidence as described in the two lists referred to in article 30(4) and/or relevant elements from the statements of the person concerned. ### 2. a take back request shall be made using a standard form and shall include proof or circumstantial evidence as described in the two lists referred to in article 30(4) and/or relevant elements from the statements of the person concerned.


### 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 to 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 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 request 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.


### 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 member state shall notify the person concerned in writing within 5 days 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.


### 3. if a legal advisor or other counsellor is representing the person concerned , member states may choose to notify the decision to such legal advisor or counsellor instead of to the person concerned and , where applicable , communicate the decision to the person concerned. ### 3. if a legal advisor or other counsellor is representing the person concerned , member states shall notify the decision to such legal advisor or counsellor and communicate the decision to the person concerned.


### member states shall ensure that information on persons or entities that may provide legal assistance to the person concerned is communicated to the person concerned together with the decision referred to in paragraph 1 , when that information has not been already communicated. ### member states shall ensure that information on persons or entities that may provide legal assistance to the person concerned is communicated to the person concerned together with the decision referred to in paragraph 1 , when that information has not been already communicated. without prejudice to the applicant's right to choose his or her own legal advisor or other counselor at his or her own cost , member states shall ensure that the person concerned has access to legal assistance and representation and , where necessary , to linguistic assistance and intercultural mediation , at all stages of the procedure provided for in this regulation


### 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 , the right to apply for suspensive effect and the time limits applicable for seeking such remedies and for carrying out the transfer , in a language that the person concerned understands and is able to communicate in.


### 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 (a) , (b) , (c) and (d) shall have the right to an effective remedy enshrined in article 47 of the charter , in the form of an appeal or a review , in fact and in law , against a transfer decision or a decision to reject a take charge request , 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 or a decision to reject a take charge request within which the person concerned may exercise his or her right to an effective remedy pursuant to paragraph 1. no transfer shall take place before the decision on the appeal or review is taken.


### 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. ### deleted


### 4. member states shall ensure that the person concerned has access to legal assistance and , where necessary , to linguistic assistance. ### 4. without prejudice to the applicant's right to choose his or her own legal advisor or other counsellor at his or her own cost , member states shall ensure that the person concerned has access to legal assistance and representation and , where necessary , to linguistic assistance and intercultural mediation , at all stages of the procedure provided for in this regulation.


### 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 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


### 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 include at least the preparation of the required procedural documents and representation before a court or tribunal.


### 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 based on this regulation. if member states choose as a measure of last resort to detain people , the following safeguards shall apply.


### 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 significant risk of absconding , member states may as a measure of last resort detain the person concerned in order to secure a transfer decision 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. minors and vulnerable persons shall not be detained. member states shall accommodate minors , families with minors and vulnerable applicants in non-custodial , community-based placements while their application is processed.


### 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) , (c) or (d) is detained , 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 request 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 member state to the member state responsible shall be carried out as soon as practically possible , and at the latest within four weeks of:


### the date on which the request was accepted or the take back notification was confirmed , or ### the date on which the request was accepted , or


### 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. ### where the requesting member state fails to comply with the time limits for submitting a take charge request or take back request 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.


### 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 , 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 why they could not be applied effectively.


### 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 member state to the member state responsible shall be carried out in accordance with the national law of the requesting 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 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). in the case of take charge request only , 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.


### if transfers to the member state responsible are carried out by supervised departure or under escort , member states shall ensure that they are carried out in a humane manner and with full respect for fundamental rights and human dignity. ### if transfers to the member state responsible are carried out by supervised departure or under escort , member states shall ensure that they are carried out in a humane manner and with full compliance with fundamental rights and human dignity.


### if necessary , the applicant shall be supplied by the requesting or notifying member state with a laissez passer. the commission shall , by means of implementing acts , establish the design of the laissez passer. those implementing acts shall be adopted in accordance with the examination procedure referred to in article 67(2). ### deleted


### the member state responsible shall inform the requesting or notifying member state , as appropriate , of the safe arrival of the person concerned or of the fact that he or she did not appear within the set time limit. ### the member state responsible shall inform the requesting member state , as appropriate , of the safe arrival of the person concerned or of the fact that he or she did not appear within the set time limit.


### 2. where the transfer does not take place within the time limits set out in paragraph 1 , first subparagraph , the member state responsible shall be relieved of its obligations to take charge of or to take back the person concerned and responsibility shall be transferred to the requesting or notifying member state. ### 2. where the transfer does not take place within the time limits set out in paragraph 1 , first subparagraph , the member state responsible shall be relieved of its obligations to take charge of or to take back the person concerned and responsibility shall be transferred to the requesting member state.


### 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. 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) , (c) or (d) , shall communicate to the member state responsible such personal data concerning the person to be transferred as is necessary , proportionate and limited to what is necessary for the sole purposes of ensuring that the competent authorities , 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 under national law have sufficient time to take the necessary measures.


### an assessment of the age of an applicant; ### an assessment of the age of an applicant; where relevant


### 4. with a view to facilitating the exchange of information between member states , the commission shall , by means of implementing acts , draw up a standard form for the transfer of the data required pursuant to this article. those implementing acts shall be adopted in accordance with the examination procedure laid down in article 67(2). ### 4. with a view to facilitating the exchange of information between member states , the commission shall , by means of delegated acts , draw up a standard form for the transfer of the data required pursuant to this article.


### where the member state carrying out a transfer is in possession of information that indicates that there are reasonable grounds to consider the applicant or another person as referred to in article 26(1) , point (b) , (c) or (d) , a danger to national security or public order in a member state , that member state shall also communicate such information to the member state responsible. ### deleted


### 2. the transferring member state shall only transmit the information referred to in paragraph 1 to the member state responsible after having obtained the explicit consent of the applicant and/or of his or her representative or when such transmission is necessary to protect public health and public security , or , where the person concerned is physically or legally incapable of giving his or her consent , to protect the vital interests of the person concerned or of another person. the lack of consent , including a refusal to consent , shall not constitute an obstacle to the transfer. ### 2. the transferring member state shall only transmit the information referred to in paragraph 1 to the member state responsible after having obtained the explicit consent of the applicant and/or of his or her representative or when such transmission is necessary to protect public health and public security , or , where the person concerned is physically or legally incapable of giving his or her consent , to protect the vital interests of the person concerned or of another person in accordance with article 9 (2) (h) regulation (eu) 2016/679.


### 5. the commission shall , by means of implementing acts , adopt uniform conditions and practical arrangements for exchanging the information referred to in paragraph 1. those implementing acts shall be adopted in accordance with the examination procedure laid down in article 67(2). ### 5. the commission shall , by means of delegated acts , adopt uniform conditions and practical arrangements for exchanging the information referred to in paragraph 1. those implementing acts shall be adopted in accordance with the examination procedure laid down in article 67(2).


### 1. each member state shall communicate to any member state that so requests such personal data concerning the person covered by the scope of this regulation as is adequate , relevant and limited to what is necessary for: ### 1. the determining member state shall communicate to the responsible member state , and the other way around , that requests such personal data concerning the person covered by the scope of this regulation , as is necessary , proportionate and limited to the purpose of:


### personal details of the person concerned , and , where appropriate , his or her family members , relatives or any other family relations (full name and where appropriate , former name; nicknames or pseudonyms; nationality , present and former; date and place of birth); ### personal details of the person concerned , and , where necessary and proportionate , his or her family members , relatives or any other family relations (full name and where relevant , former name; nationality , present and former; date and place of birth);


### identity and travel papers (references , validity , date of issue , issuing authority , place of issue , etc.); ### identity and travel papers (references , validity , date of issue , issuing authority , place of issue);


### other information necessary for establishing the identity of the person concerned , including biometric data taken of the applicant by the member state , in particular for the purposes of article 57(6) of this regulation , in accordance with regulation (eu) xxx/xxx [eurodac regulation]; ### other information necessary for establishing the identity of the person concerned


### places of residence and routes travelled; ### places of residence


### the place where the application was lodged; ### the place where the application was made;


### the date on which any previous application for international protection was lodged , the date on which the current application was registered , the stage reached in the proceedings and the decision taken , if any. ### the date on which any previous application for international protection was made , the date on which the current application was registered , the stage reached in the proceedings and the decision taken , if any.


### 4. any request for information shall only be sent in the context of an individual application for international protection or transfer for the purpose of relocation. it shall set out the grounds on which it is based and , where its purpose is to check whether there is a criterion that is likely to entail the responsibility of the requested member state , shall state on what evidence , including relevant information from reliable sources on the ways and means by which applicants enter the territories of the member states , or on what specific and verifiable part of the applicant’s statements it is based. such relevant information from reliable sources is not in itself sufficient to determine the responsibility and the competence of a member state under this regulation , but it may contribute to the evaluation of other indications relating to an individual applicant. ### 4. any request for information shall only be sent in the context of an individual application for international protection or transfer for the purpose of relocation. it shall set out the grounds on which it is based and , where its purpose is to check whether there is a criterion that is likely to entail the responsibility of the requested member state , shall state on what evidence , or on what specific and verifiable part of the applicant’s statements it is based. such relevant information from reliable sources is not in itself sufficient to determine the responsibility and the competence of a member state under this regulation , but it may contribute to the evaluation of other indications relating to an individual applicant.


### 1. each member state shall notify the commission without delay of the specific authorities responsible for fulfilling the obligations arising under this regulation , and any amendments thereto. the member states shall ensure that those authorities have the necessary resources for carrying out their tasks and in particular for replying within the prescribed time limits to requests for information , requests to take charge , take back notifications and , if applicable , complying with their obligations under chapters i-iii of part iv. ### 1. each member state shall notify the commission without delay of the specific authorities responsible for fulfilling the obligations arising under this regulation , and any amendments thereto. the member states shall ensure that those authorities have the necessary resources for carrying out their tasks and in particular for replying within the prescribed time limits to requests for information , requests to take charge or take back and , if applicable , complying with their obligations under chapters i-iii of part iv.


### 4. the commission shall , by means of implementing acts , establish secure electronic transmission channels between the authorities referred to in paragraph 1 and between those authorities and the asylum agency for transmitting information , biometric data taken in accordance with regulation (eu) xxx/xxx [eurodac regulation] , requests , notifications , replies and all written correspondence and for ensuring that senders automatically receive an electronic proof of delivery. those implementing acts shall be adopted in accordance with the examination procedure referred to in article 67(2). ### 4. the commission shall , by means of implementing acts , establish secure electronic transmission channels between the authorities referred to in paragraph 1 and between those authorities and the asylum agency for transmitting information , biometric data taken in accordance with regulation (eu) xxx/xxx [eurodac regulation] , requests , replies and all written correspondence and for ensuring that senders automatically receive an electronic proof of delivery. those implementing acts shall be adopted in accordance with the examination procedure referred to in article 67(2).


### solidarity contributions made pursuant to chapters i-iii of part iv. ### relocation


### 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; whereas this facility is a joint coordination mechanism and not a funding instrument in itself; whereas human rights violations have taken place under the eu-turkey statement which are incompatible with the eu charter of fundamental rights;


### 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 , presented as a key instrument to implement the valleta action plan; 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 5 billion committed since 2016 , out of which 4.4 come from the eu budget;


### b. whereas the revision of the financial regulation in 2018 introduced provisions strengthening parliament’s scrutiny powers when new eutfs are established or the current ones are extended; ### b. whereas the revision of the financial regulation in 2018 introduced weak and insufficient provisions strengthening parliament’s scrutiny powers when new eutfs are established or the current ones are extended; whereas this presents a serious circumvention of budgetary scrutiny of the european parliament as enshrined in the treaties;


### 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. deplores the fact that eu trust funds 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;


### 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. notes that the mid-term review pointed that the eutf governance and management structure was "flexible and efficient" and "delivered fast decisions based on a strategic overview of the issues and knowledgeable and committed staff"; notes that this has been at the expense of transparency , accountability and scrutiny; remains concerned about the governance of the eutf for africa , the pulling together of eu resources that have all different objectives , the composition of its board and regional operational committees that enabled some member states to make direct decisions about the spending of eu money based on a 3 million contribution to this fund , the opacity of the process for approving projects , the lack of dialogue with local and human rights csos; points out the lack of ex ante and ongoing impact assessments on fundamental rights and the absence of any fundamental rights conditionality on the use of funding ;


### 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 disproportionate focus of the eutf for africa on the fight to counter irregular migration and the objectives 3 and 4 of the eutf for africa are part of a trend of the securitisation and externalisation of eu border management and move away from a holistic approach to migration; stresses the risks to development objectives and fundamental rights associated with this approach; points to the risk of indirectly supporting armed groups that often control borders in unstable countries as it has been the case in sudan and libya; highlights that that increased interceptions by northern african coast guards as a result of eutf support have led to the development of more dangerous migration routes such as the one to the canary islands; recalls that a more effective migration policy relies on support to improve partner countries reception and asylum capacities and ensuring channels for human mobility , including legal and circular channels for migration; notes that less than 1.5% of the eutf for africa was allocated to regular migration channels;


### 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 as a priority 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;


### 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; regrets that disagreement with turkey on how to address these needs meant that the support in the above-mentioned areas was insufficiently covered[1];


### 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 specifically target refugee projects and are not used for any other purposes; in this sense insists that the turkish authorities grant implementing partners full access to the data on eligible beneficiaries , in order to improve the accountability and efficiency of the monitoring framework of these flagship projects[2];


### 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 implement a strategy for the transition from humanitarian to development assistance , whose goal is to reduce and ultimately to eradicate poverty , 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 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.


### 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 , undermine democratic accountability , including the role of the european parliament and also the integrity of the eu budget;


### e. whereas parliament , while acknowledging their value-added , has repeatedly voiced the need for enhanced parliamentary scrutiny of the eutfs and the frt; ### e. whereas parliament has repeatedly voiced the need for enhanced parliamentary scrutiny of the eutfs and the frt;


### 7. considers that the bêkou trust fund has proven its value as an important tool to address the post-conflict situation in the central african republic (car); notes that the eutf made a major contribution to the nexus approach of development and humanitarian needs in the car; ### 7. considers that the bêkou trust fund has proven its value as an important tool to address the situation in the central african republic (car); notes that the eutf made a major contribution to the nexus approach of development and humanitarian needs in the car;


### 13. considers that the trust fund for africa represents an important tool to provide a swift , flexible and targeted response to emerging challenges and underlines that common , global challenges , such as migration and forced displacement , the impact of climate change and economic crises in the context of the ongoing covid-19 pandemic , make this flexibility and rapidity more necessary than ever; ### deleted


### 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; ### deleted


### 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; calls for the stop of funding to governments or institutions responsible for human rights violations either directly or indirectly from the eutf for africa;


### 18. congratulates colombia on its efforts , despite its own challenges with the implementation of the peace agreement , to provide support for over 1.7 million venezuelan migrants who have fled to colombia , in particular by granting them a 10-year temporary protection status; ### 18. expresses concern regarding the implementation of the peace agreement , particularly in light of the increase of murders of social and political leaders , calls on the colombian authorities to fully implement the peace agreement , including parts which have not been developed yet such as those concerning access to land;


### 20. considers that the eu frt has proven its value as an innovative pooling tool and important coordinating mechanism for assisting turkey in swiftly responding to the immediate humanitarian and development needs of refugees and their host communities; ### deleted


### 22. reiterates its request that turkey respect the principle of non-refoulement , in particular on the syrian border , and that it not use the flows of refugees against the eu; ### 22. reiterates its request that turkey respect the principle of non-refoulement , in particular on the syrian border , and that it not use the flows of refugees against the eu; recalls that eu agencies such as frontex as well as member state authorities are also bound by the principle of non-refoulement; calls on an immediate end of any form of refoulement to turkey from eu land and waters;


### 22. reiterates its request that turkey respect the principle of non-refoulement , in particular on the syrian border , and that it not use the flows of refugees against the eu; ### 22. reiterates its request that turkey respect the principle of non-refoulement , in particular on the syrian border , and that it not use the flows of refugees as a tool for political pressure against the eu and its member states;


### 27. is confident that the ndici-global europe will allow for increased flexibility and responsiveness , allowing it to continue the activities of the existing trust funds and thereby safeguard the unity of the union budget; ### deleted


### 28. in the event of greater needs in the mff 2021-2027 , advocates increasing the ndici-global europe envelope through a revision of the mff and the ndici-global europe regulations , or a strengthening of the relevant ndici-global europe budget lines with contributions in the form of external assigned revenue; stresses that , should a need for a duly justified new trust fund nevertheless arise , it insists that parliament must be fully involved from the very outset; ### deleted


### 30. notes that the close-to-ground decision-making procedure and adaptation to the local realities of the eutfs and the frt is of high added value , and needs to be mainstreamed in the future programming exercises linked to budgetary instruments for eu external policy; ### deleted


### a. whereas the ability to transfer personal data across borders has the potential to be a key driver of innovation , productivity and economic competitiveness; ### deleted


### 1. notes that the uk is a signatory to the european convention on human rights (echr) and the council of europe convention for the protection of individuals with regard to automatic processing of personal data; expects the uk to ensure the same minimum framework of data protection , despite having left the european union; ### deleted


### 2. welcomes the uk’s commitment to respect democracy and the rule of law , and protect and give domestic effect to fundamental rights such as those set out in the echr , including high levels of data protection; recalls that this is a necessary precondition for the eu’s cooperation with the uk; recalls that despite article 8 of the echr on the right to privacy being part of uk domestic law via the human rights act 1998 and common law via the new tort of misuse of privacy information , efforts to include a fundamental right to data protection were voted down by the government; ### 2. welcomes the uk’s commitment to respect democracy and the rule of law , and protect and give domestic effect to fundamental rights such as those set out in the echr , including high levels of data protection; recalls that this is a necessary precondition for the eu’s cooperation with the uk; recalls that despite article 8 of the echr on the right to privacy being part of uk domestic law via the human rights act 1998 and common law via the new tort of misuse of privacy information , efforts to include a fundamental right to data protection were voted down by the government; is concerned that the uk has left the jurisdiction of the eu charter of fundamental rights;


### 4. expresses its concern about the lack and sometimes non-existent enforcement of the gdpr by the uk when it was still a member of the eu; points to the lack of proper enforcement by the uk information commissioner’s office in the past; ### 4. expresses its concern about the lack and often non-existent enforcement of the gdpr by the uk when it was still a member of the eu; in particular points to the lack of proper enforcement by the uk information commissioner’s office in the past; underlines the fact that a large number of data protection law breaches in the uk therefore have not been remedied


### 5. is concerned that uk data protection law contains a broad derogation from aspects of the fundamental data protection principles , such as the right of access and the right of a data subject to know with whom their data has been shared , if such protection would ‘prejudice effective immigration control’15 ; points out that this exemption is available to all data controllers in the uk; is concerned about the recently revealed information that the immigration exemption was used in over 70 % of data subject requests to the home office in 202016 ; ### 5. is concerned that uk data protection law contains a broad derogation from aspects of the fundamental data protection rights and principles , such as the right of access and the right of a data subject to know with whom their data has been shared , if such protection would ‘prejudice effective immigration control’15 ; points out that this exemption is available to all data controllers in the uk; is concerned about the recently revealed information that the immigration exemption was used in over 70 % of data subject requests to the home office in 202016 ;


### 12. takes note of the fact that the european union (withdrawal) act 2018 provides that cjeu case law generated before the end of the transition period will become ‘retained eu law’ and thus legally binding for the uk; points out that the uk is bound by the principles and conditions defined in the schrems ii judgment of the cjeu when assessing the adequacy of other non-eu countries; considers this an important safeguard to ensure the legality of onward transfers; ### 12. strongly underlines the fact that the european union (withdrawal) act 2018 provides that cjeu case law generated before the end of the transition period will become ‘retained eu law’ and thus legally binding for the uk; points out that the uk is bound by the principles and conditions defined in the schrems i and schrems ii judgment of the cjeu when assessing the adequacy of other non-eu countries; considers this an important safeguard to ensure the legality of onward transfers;