### 5. ‘for third-country nationals subject to the screening referred to in article 3(1) of regulation (eu) no xxx/xxx [screening regulation] , paragraphs 1 to 4 shall apply only after the screening has ended. ### deleted


### 6. where biometric data could not be taken during the screening in accordance with regulation (eu) no xxx/xxx [eurodac regulation] or where the applicant was not subject to a screening , the competent authorities shall take the biometric data at the latest upon the registration of the application for international protection and transmit them together with the data referred to in article 12 (c) to (p) of regulation (eu) no xxx/xxx [eurodac regulation] to the central system and to the common identity repository respectively in accordance with that regulation.’ ### deleted


### rejection of an application and issuance of a return decision ### rejection of an application


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


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


### 1. following the screening procedure carried out in accordance with regulation (eu) no xxx/xxx [screening regulation] , and provided that the applicant has not yet been authorised to enter member states’ territory , a member state may examine an application in a border procedure where that application has been made by a third-country national or stateless person who does not fulfil the conditions for entry in the territory of a member state as set out in article 6 of regulation (eu) 2016/399. the border procedure may take place: ### 1. a member state may examine an application in a border procedure where that application has been made by a third-country national who does not fulfil the conditions for entry in the territory of a member state as set out in article 6 of regulation (eu) 2016/399. the border procedure shall respect the principles and guarantees provided for in chapter ii. the border procedure can only take place after an individual assessment of the circumstances of the case , including an examination of vulnerabilities and potential special reception and procedural needs:


### following apprehension in connection with an unauthorised crossing of the external border; ### deleted


### following disembarkation in the territory of a member state after a search and rescue operation; ### deleted


### following relocation in accordance with article [x] of regulation (eu) no xxx/xxx [ex dublin regulation]. ### deleted


### 2. where a border procedure is applied , decisions may be taken on the following: ### 2. where a border procedure is applied , decisions may be taken only on the merits of an application in an accelerated examination procedure in the cases referred to in article 40(1).


### the inadmissibility of an application in accordance with article 36; ### deleted


### the merits of an application in an accelerated examination procedure in the cases referred to in article 40(1). ### deleted


### 3. member state shall examine an application in a border procedure in the cases referred to in paragraph 1 where the circumstances referred to in article 40(1) , point (c) , (f) or (i) , apply. ### deleted


### 4. a member state may decide not to apply paragraph 3 to nationals or stateless persons who are habitual residents of third countries for which that member state has submitted a notification to the commission in accordance with article 25a(3) of regulation (ec) no 810/2009. ### 4. a member state shall not apply a border procedure to nationals or stateless persons who are habitual residents of third countries for which there is no reasonable prospect of return given the lack of cooperation of these third countries.


### where , following the examination carried out in accordance with article 25a(4) of regulation (ec) no 810/2009 , the commission considers that the third country is cooperating sufficiently , the member state shall again apply the provisions of paragraph 3. ### deleted


### where the commission considers that the third country concerned is not cooperating sufficiently , the member state may continue not to apply paragraph 3: ### deleted


### 5. the border procedure may only be applied to unaccompanied minors and to minors below the age of 12 and their family members in the cases referred to in article 40(5) (b). ### 5. in order to guarantee the best interest of the child the border procedure shall not be applied to unaccompanied children and to children and their family members.


### 6. applicants subject to the border procedure shall not be authorised to enter the territory of the member state , without prejudice to paragraphs 9 and 11. ### 6. applicants subject to the border procedure shall be authorised to enter the territory of the member state and have access to all the rights under directive xxx/xxx/eu [reception conditions directive recast]. in accordance with directive xxx/xxx/eu [reception conditions directive recast] , a member state shall not hold an applicant in detention unless it has individually assessed that applicant’s case based on the principles of necessity and proportionality. detention might only be applied as a measure of last resort and for the shortest time as possible , provided that an individual and motivated assessment has demonstrated that less coercive measures cannot be applied effectively in the specific case and that detention would not be disproportionately harmful. a vulnerability assessment should always be carried out before detention and repeated regularly. free legal aid should be available to challenge the detention order.


### 1. stresses that organised crime has demonstrated a high degree of infiltration into the social , economic , entrepreneurial and administrative structure of member states , as well as an ability to launder in the legal economy the huge proceeds of crimes including those committed against the eu’s financial interests , thus representing a serious threat to eu citizens’ liberties , as well as to democracy and the rule of law , and necessitating a common , coordinated response from the eu and its member states; welcomes , in this regard , the 2021-2025 eu strategy to tackle organised crime , presented by the commission on 14 april 2021; ### 1. stresses that organised crime has demonstrated a high degree of infiltration into the social , economic , entrepreneurial and administrative structure of member states , as well as an ability to launder in the legal economy the huge proceeds of crimes including those committed against the eu’s financial interests , thus representing a serious threat to eu citizens’ liberties; stresses also that the nexus of organised crime and the state represents a serious threat to democracy and the rule of law , and that the fight against systemic corruption and the infiltration of the legal economy by organised crime are essential to guaranteeing equal treatment before the law , protecting citizens’ rights and welfare , preventing abuses and ensuring the accountability of public office-holders;


### 1. highlights that the common agricultural policy (cap) is the largest item in the eu budget , representing 31 % of the total budgetary expenditure for the 2021-2027 period; stresses the key role of a properly functioning cap in protecting the financial interests of the eu and its citizens against any misuse of eu funds that can be detrimental to the public image of such a strategic policy; ### 1. highlights that the common agricultural policy (cap) is the largest item in the eu budget , representing 31 % of the total budgetary expenditure for the 2021-2027 period; stresses the key role of a properly functioning cap in protecting the financial interests of the eu and its citizens against any misuse of eu funds that can be detrimental to the public image of such a strategic policy , and deprives genuine farmers of a greater delivery of financial support;


### 2. points out that the concentration of agricultural income support is mainly driven by area-based direct payments; underlines the need for more targeted support and a better balance between large and small beneficiaries at member state level; ### 2. points out that the concentration of agricultural income support is mainly driven by area-based direct payments; underlines the need for more targeted support and a better balance between large and small beneficiaries at member state level , in particular by increasing convergence to 100% and going above the 10% minimum for the redistributive payment;


### 3. highlights that the member states are responsible for the eu agricultural funds under shared management with the commission; considers the new delivery model and the new national strategic plans to be a great opportunity to reinforce member states’ and the commission’s controls pertaining to the distribution and management of funds; ### 3. highlights that the member states are responsible for the eu agricultural funds under shared management with the commission; considers the new delivery model and the new national strategic plans to be a great opportunity to reinforce member states’ and the commission’s controls pertaining to the distribution and management of funds , paying particular attention to member states where oligarch structures have been detected;


### 5. notes with concern that the commission and olaf have identified fraud in public tenders and procurement as a major trend among fraudsters; points out that fraud schemes often take place on a transnational level and can span several (eu and non-eu) countries , making them difficult to identify and dissolve; ### 5. notes with concern that the commission and olaf have identified fraud in public tenders and procurement as a major trend among fraudsters; points out that fraud schemes often take place on a transnational level and can span several (eu and non-eu) countries , making them difficult to identify and dissolve; therefore calls to reinforce the transnational nature of the fight against fraud;


### 6. insists on greater resources for investigation , as well as on stronger coordination between the member states and eu bodies , to ensure that the fight against fraud in agricultural funds is effective; emphasises the need for a comprehensive fraud strategy with a robust fraud risk analysis. ### 6. insists on greater resources for investigation , as well as on stronger coordination between the member states and eu bodies , to ensure that the fight against fraud in agricultural funds is effective; emphasises the need for a comprehensive fraud strategy with a robust fraud risk analysis , while ensuring new checks and documentation requirements do not place an increasing burden on genuine farmers.


### 15. regards the pif directive as an important step towards protecting the eu budget , as it provides a common definition of criminal offences and the misuse of funds , and the harmonisation of sanctions for crimes against the eu’s financial interests; appreciates that the directive sets out clear reporting and investigation procedures , defines the monitoring of the fraud risk management framework and promotes the use of information , databases and data analytics by member states; ### 15. regards the pif directive as an important step towards protecting the eu budget , as it provides a common definition of criminal offences and the misuse of funds , and the harmonisation of sanctions for crimes against the eu’s financial interests; appreciates that the directive sets out clear reporting and investigation procedures , defines the monitoring of the fraud risk management framework and promotes the use of information , databases and data analytics by member states; regrets though that differing definitions of organised crime at eu level make it difficult to coordinate measures and could complicate the efforts to investigate and prosecute cases;


### 1. member states shall examine any application for international protection by a third-country national or a stateless person who applies on the territory of any one of them , including at the border or in the transit zones. the application shall be examined by a single member state , which shall be the one which the criteria set out in chapter ii of part iii indicate is responsible. ### 1. member states shall examine any 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 , who applies on the territory of any one of them , including at the border or in the transit zones. the application for international protection shall be examined by a single member state , which shall be the one which the criteria set out in chapter ii of part iii indicate is responsible.


### 2. where no member state responsible can be designated on the basis of the criteria listed in this regulation , the first member state in which the application for international protection was registered shall be responsible for examining it. ### 2. where no member state responsible can be designated on the basis of the criteria set out in chapter ii , the member state responsible for examining the application for international protection shall be determined in accordance with the procedure set out in article 31a.


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


### where a member state cannot carry out the transfer pursuant to the first subparagraph to any member state designated on the basis of the criteria set out in chapter ii of part iii or to the first member state with which the application was registered , that member state shall become the member state responsible. ### deleted


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


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


### where the security check carried out in accordance with article 11 of regulation (eu) xxx/xxx [screening regulation] or in accordance with the first and second subparagraphs of this paragraph shows that there are reasonable grounds to consider the applicant a danger to national security or public order of the member state carrying out the security check , that member state shall be the member state responsible. ### deleted


### 5. each member state shall retain the right to send an applicant to a safe third country , subject to the rules and safeguards laid down in regulation (eu) xxx/xxx [asylum procedure regulation]. ### deleted


### 1. where a third-country national or stateless person intends to make an application for international protection , the application shall be made and registered in the member state of first entry. ### 1. where a third-country national or stateless person pursuant to article 1 (1) of the 1954 convention relating to the status of stateless persons , intends to make an application for international protection , the application shall be made and registered in the member state of first entry , that shall determine the member state responsible according to the criteria set out in this regulation.


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


### where a third-country national or stateless person who intends to make an application for international protection is in possession of a residence permit or visa which has expired , the application shall be made and registered in the member state where he or she is present. ### where a third-country national or stateless person , pursuant to article 1 (1) of the 1954 convention relating to the status of stateless persons , who intends to make an application for international protection is in possession of a residence permit or visa which has expired , the application shall be made and registered in the member state where he or she is present.


### 3. the applicant shall fully cooperate with the competent authorities of the member states in matters covered by this regulation , in particular by submitting as soon as possible and at the latest during the interview referred to in article 12 , all the elements and information available to him or her relevant for determining the member state responsible. where the applicant is not in a position at the time of the interview to submit evidence to substantiate the elements and information provided , the competent authority may set a time limit within the period referred to in article 29(1) for submitting such evidence. ### 3. the applicant shall cooperate with the competent authorities of the member states in matters covered by this regulation , in particular by submitting before the competent authority takes a decision on the responsible member state in accordance with this regulation , all information available to him or her relevant for determining the member state responsible. it shall be made possible that additional evidence is submitted after the take charge request is sent. the circumstances of the individual case shall be taken into account.


### 4. the applicant shall be required to be present in: ### 4. the applicant shall be present in:


### 5. where a transfer decision is notified to the applicant in accordance with article 32(2) and article 57(8) , the applicant shall comply with that decision. ### 5. where a transfer decision is final and notified to the applicant in accordance with article 32(2) and article 57(8) , the applicant shall comply with that decision. the applicant shall have the right to challenge the transfer decision and benefit from free legal assistance in accordance with the right to an effective remedy enshrined in article 47 of the charter.


### 1. the applicant shall not be entitled to the reception conditions set out in articles 15 to 17 of directive xxx/xxx/eu [reception conditions directive] pursuant to article 17a of that directive in any member state other than the one in which he or she is required to be present pursuant to article 9(4) of this regulation from the moment he or she has been notified of a decision to transfer him or her to the member state responsible , provided that the applicant has been informed of that consequence pursuant to article 8(2) , point (b) of regulation (eu) xxx/xxx [screening regulation]. this shall be without prejudice to the need to ensure a standard of living in accordance with union law , including the charter of fundamental rights of the european union , and international obligations. ### 1. an applicant shall not be sanctioned for entering a member state other than the member state in which he or she is obliged to be present in accordance with article 31 of the geneva convention.


### 2. elements and information relevant for determining the member state responsible submitted after expiry of the time limit referred to in article 9(3) shall not be taken into account by the competent authorities. ### 2. elements and information relevant for determining the member state responsible submitted after expiry of the time limit referred to in article 9(3) shall be taken into account by the competent authorities.


### 1. as soon as possible and at the latest when an application for international protection is registered in a member state , its competent authorities shall inform the applicant of the application of this regulation and of the obligations set out in article 9 as well as the consequences of non-compliance set out in article 10 , and in particular: ### 1. as soon as possible and at the latest when an application for international protection is registered in a member state , its competent authorities shall inform the applicant of the application of this regulation and of the obligations set out in article 9 , and in particular:


### that the right to apply for international protection does not encompass a choice by the applicant in relation to either the member state responsible for examining the application for international protection or the member state of relocation; ### that the right to apply for international protection does not encompass a choice by the applicant which member state shall be responsible for examining the application for international protection , except in the situation provided under the terms set out in the procedure set out in article 31a.


### of the objectives of this regulation and the consequences of making another application in a different member state as well as the consequences of leaving the member state where he or she is required to be present pursuant to article 9(4) , in particular that the applicant shall only be entitled to the reception conditions as set out in article 10(1); ### of the objectives of this regulation and the consequences of making another application in a different member state as well as the consequences of leaving the member state where he or she is required to be present during the phases in which the member state responsible under this regulation is being determined;


### of the criteria and the procedures for determining the member state responsible , the hierarchy of such criteria in the different steps of the procedure and their duration; ### of the criteria and the procedures for determining the member state responsible , the hierarchy of such criteria in the different steps of the procedure and their duration; including the specific criteria applied and member states requested or notified in the individual case


### of the aim of the personal interview pursuant to article 12 and the obligation to submit and substantiate orally or through the provision of documents information as soon as possible in the procedure any relevant information that could help to establish the presence of family members , relatives or any other family relations in the member states , including the means by which the applicant can submit such information , as well as any assistance that the member state can offer with regard to the tracing of family members or relatives; ### of the purpose of the personal interview pursuant to article 12 and of the provisions relating to family reunification and , in that regard , of the applicable definition of family members and relatives as well as of the need for the applicant to disclose as soon as possible in the procedure any relevant information that could help to establish the whereabouts of family members or relatives present in other member states , including the means by which the applicant can submit such information , as well as any assistance that the member state can offer with regard to the tracing of family members or relatives;


### of the obligation for the applicant to disclose , as soon as possible in the procedure any relevant information that could help to establish any prior residence permits , visas or educational diplomas; ### of the need for the applicant to disclose , as soon as possible in the procedure any relevant information that could help to establish any prior residence permits , visas or educational diplomas;


### of the possibility to challenge a transfer decision within the time limit set out in article 33(2) and of the fact that the scope of that challenge is limited as laid down in article 33(1); ### of the possibility of and arrangements for challenging a transfer decision and of the existence of the right to have an effective remedy before a court or tribunal in accordance with article 33 , including in a situation where no transfer decision is issued.


### of the right to be granted , on request , legal assistance free of charge where the person concerned cannot afford the costs involved; ### of the right to be granted , on request , legal assistance and representation free of charge at all stages of the procedure. this right is without prejudice to the applicant's right to choose his or her own legal representative at his or her own cost.


### 2. the information referred to in paragraph 1 shall be provided in writing in a language that the applicant understands or is reasonably supposed to understand. member states shall use the common information material drawn up in clear and plain language pursuant to paragraph 3 for that purpose. ### 2. the information referred to in paragraph 1 shall be provided in writing in a language that the applicant understands in a concise , transparent , intelligible and easily accessible form , using clear and plain language. with regard to minors and , in particular , to unaccompanied minors , the information shall be provided in a child-friendly manner by appropriately trained staff. member states shall use the common information material drawn up in clear and plain language pursuant to paragraph 3 for that purpose. the information shall be provided as soon as the application is made. the information shall be provided both in written and oral form , in addition where appropriate with the support of multimedia equipment. it may be given either in individual or group sessions and applicants shall have the possibility to ask questions about the procedural steps they are expected to follow with regard to the process of determining a responsible member state in accordance with this regulation. in the case of minors , information shall be provided in a child friendly manner by appropriately trained staff and with the involvement of the guardian.


### where necessary for the applicant’s proper understanding , the information shall also be supplied orally , where appropriate in connection with the personal interview as referred to in article 12. ### where necessary for the applicant’s proper understanding , the information shall also be supplied orally , where appropriate in connection with the personal interview as referred to in article 12. this information shall be adapted to the individual circumstances of the applicant.


### 3. the asylum agency shall , in close cooperation with the responsible national agencies , draw up common information material , as well as a specific leaflet for unaccompanied minors , containing at least the information referred to in paragraph 1. that common information material shall also include information regarding the application of regulation (eu) xxx/xxx [eurodac regulation] and , in particular , the purpose for which the data of an applicant may be processed within eurodac. the common information material shall be drawn up in such a manner as to enable member states to complete it with additional member state-specific information. ### 3. the asylum agency shall , in close cooperation with the responsible national agencies , draw up common information material , as well as a specific leaflet for specific target groups such as unaccompanied minors , adult applicants and accompanied minors containing at least the information referred to in paragraph 1. that common information material shall also include information regarding the application of regulation (eu) xxx/xxx [eurodac regulation] and , in particular , the purpose for which the data of an applicant may be processed within eurodac. the common information material shall be drawn up in such a manner as to enable member states to complete it with additional member state-specific information. insofar as this information material includes information in accordance with data protection legislation , the asylum agency shall closely cooperate with the edps , the responsible national authorities and fra when drawing up this material.


### 1. in order to facilitate the process of determining the member state responsible , the determining member state shall conduct a personal interview with the applicant. the interview shall also allow the proper understanding of the information supplied to the applicant in accordance with article 11. ### 1. in order to facilitate the process of determining the member state responsible , the determining member state shall conduct a personal interview with the applicant. the interview shall also allow the proper understanding of the information supplied to the applicant in accordance with article 11. the determining member state shall proactively ask questions on all aspects of the claim that would allow for the determination of the member state responsible , as well as aspects that would impede the transfer of an applicant due to risk of fundamental rights violations.


### 2. the personal interview may be omitted where: ### deleted


### 3. the personal interview shall take place in a timely manner and , in any event , before any take charge request is made pursuant to article 29. ### 3. the personal interview shall take place in a timely manner and , in any event , before any take charge request pursuant to article 29 or take back request pursuant to article 31 is made.


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


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


### 6. the member state conducting the personal interview shall make a written summary thereof which shall contain at least the main information supplied by the applicant at the interview. the summary may either take the form of a report or a standard form. the member state shall ensure that the applicant or the legal advisor or other counsellor who is representing the applicant have timely access to the summary. ### 6. the member state conducting the personal interview shall make a written summary thereof which shall contain at least the main information supplied by the applicant at the interview. the information in the summary shall be verified with the applicant and , where relevant , the representative and legal advisor or counsellor , during the interview. the summary may either take the form of a report or a standard form. the member state shall make an audio recording of the interview. the member state shall ensure that the applicant and the legal advisor and other counsellor who is representing the applicant have access to the summary as well as the audio recording as soon as possible after the interview , and in any event before a transfer decision is taken.


### 1. the best interests of the child shall be a primary consideration for member states with respect to all procedures provided for in this regulation. ### 1. the best interests of the child shall be the primary consideration for member states with respect to all procedures provided for in this regulation.


### 2. each member state where an unaccompanied minor is present shall ensure that he or she is represented and assisted by a representative with respect to the relevant procedures provided for in this regulation. the representative shall have the qualifications , training and expertise to ensure that the best interests of the minor are taken into consideration during the procedures carried out under this regulation. such representative shall have access to the content of the relevant documents in the applicant’s file including the specific information material for unaccompanied minors. ### 2. member states shall ensure that minors are represented and assisted by a representative and a legal advisor with respect to all procedures provided for in this regulation. the representative shall have the resources , qualifications , training , expertise and independence to ensure that the best interests of the minor are taken into consideration during all procedures carried out under this regulation. such representative shall have access to the content of all documents in the applicant’s file including the specific information material for children and shall inform the child accordingly about the procedure. the representative shall be appointed as soon as possible but at the latest within 5 days from the date of arrival and in any event prior to the collection of biometric data pursuant to article [xx or xx of regulation (eu) xxxx/xx/eu [eurodac regulation].


### 3. the representative of an unaccompanied minor shall be involved in the process of establishing the member state responsible under this regulation. the representative shall assist the unaccompanied minor to provide information relevant to the assessment of his or her best interests in accordance with paragraph 4 , including the exercise of the right to be heard , and shall support his or her engagement with other actors , such as family tracing organisations , where appropriate for that purpose. ### 3. the representative of an unaccompanied minor shall be involved in the process of establishing the member state responsible under this regulation to the greatest extent possible. the representative shall assist the unaccompanied minor to provide information relevant to the assessment of his or her best interests in accordance with paragraph 4 , including the exercise of the right to be heard , and shall support his or her engagement with other actors , such as family tracing organisations , where appropriate for that purpose and with due regard to confidentiality obligations to the child. the representative shall ensure the minor has access to information , legal advice and representation concerning the procedures under this regulation and shall keep the minor informed on the progress in the procedures under this regulation concerning him or her. the representative shall have access to the content of the relevant documents in the minor's file including the specific information material for unaccompanied minors. representatives shall receive regular training and support to undertake their tasks.


### the minor’s well-being and social development , taking into particular consideration the minor’s background; ### the minor’s well-being and social development , in the short , medium and long term , taking into particular consideration his or her ethnic , religious , cultural and linguistic background and the need for stability and continuity in the minor's care and custodial arrangements and access to health and education services;


### the views of the minor , in accordance with his or her age and maturity; ### the views of the minor , in accordance with his or her age and maturity and in accordance with his or her right to be heard;


### 5. before transferring an unaccompanied minor to the member state responsible or , where applicable , to the member state of relocation , the transferring member state shall make sure that the member state responsible or the member state of relocation takes the measures referred to in articles 14 and 23 of directive xxx/xxx/eu [reception conditions directive] and article 22 of regulation (eu) xxx/xxx [asylum procedure regulation] without delay. any decision to transfer an unaccompanied minor shall be preceded by an assessment of his/her best interests. the assessment shall be based on the factors listed in paragraph 4 and the conclusions of the assessment on these factors shall be clearly stated in the transfer decision. the assessment shall be done swiftly by staff with the qualifications and expertise to ensure that the best interests of the minor are taken into consideration. ### 5. before transferring a minor to the member state responsible or , where applicable , to the member state of relocation , the transferring member state shall obtain individual guarantees to make sure that the member state responsible or the member state of relocation takes the measures referred to in articles 14 and 23 of directive xxx/xxx/eu [reception conditions directive] and article 22 of regulation (eu) xxx/xxx [asylum procedure regulation] without delay. any decision to transfer or not to transfer a minor shall be preceded by an assessment of his/her best interests. the assessment shall be based on the factors listed in paragraph 4 and the conclusions of the assessment on each of the factors shall be clearly stated in the transfer decision. the multidisciplinary assessment shall involve competent staff with expertise in child rights , psychology and development and shall involve , at a minimum , the minor's guardian and legal advisor or counsellor.


### 6. for the purpose of applying article 15 , the member state where the unaccompanied minor’s application for international protection was registered shall , as soon as possible , take appropriate action to identify the family members or relatives of the unaccompanied minor on the territory of member states , whilst protecting the best interests of the child. ### 6. for the purpose of applying article 15 , the member state where the minor’s application for international protection was registered shall , as soon as possible , take appropriate action to identify the family members or relatives of the minor on the territory of member states , whilst protecting the best interests of the child.


### the staff of the competent authorities referred to in article 41 who deal with requests concerning unaccompanied minors shall have received , and shall continue to receive , appropriate training concerning the specific needs of minors. ### the staff of the competent authorities referred to in article 41 who deal with requests concerning unaccompanied minors shall have received , and shall continue to receive , appropriate training concerning the specific needs of minors including training on rights of the child and child psychology and development. such training shall also include modules on risk assessment to target care and protection depending on the individual needs of the minor , with a specific focus on early identification of victims of trafficking in human beings and of abuse , as well as training on good practices to prevent disappearance.


### 7. with a view to facilitating the appropriate action to identify the family members or relatives of the unaccompanied minor living in the territory of another member state pursuant to paragraph 6 , the commission shall adopt implementing acts including a standard form for the exchange of relevant information between member states. those implementing acts shall be adopted in accordance with the examination procedure referred to in article 67(2). ### 7. with a view to facilitating the appropriate action to identify the family members or relatives of the unaccompanied minor living in the territory of another member state pursuant to paragraph 6 , the commission shall adopt delegated acts


### 1. the criteria for determining the member state responsible shall be applied in the order in which they are set out in this chapter. ### 1. the criteria for determining the member state responsible shall be applied in the order in which they are set out in this chapter ii.


### 3. where the applicant has a relative who is legally present in another member state and where it is established , based on an individual examination , that the relative can take care of him or her , that member state shall unite the minor with his or her relative and shall be the member state responsible , unless it is demonstrated that it is not in the best interests of the minor. ### 3. where the applicant has a relative who is legally present in another member state and where it is established , based on an individual examination , that the relative can take care of him or her , that member state shall unite the minor with his or her relative and shall be the member state responsible , provided that it is in the best interests of the child. any decision on the member state responsible should be preceded by a multidisciplinary assessment of the best interests of the minor.


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


### 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 under article 13(4). ### 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 under article 13(4) and shall consult relevant experts including children's rights ngos.


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


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


### 3. where the applicant is in possession of more than one valid residence document or visa issued by different member states , the responsibility for examining the application for international protection shall be assumed by the member states in the following order: ### 3. where the applicant is in possession of more than one valid or expired residence document or visa issued by different member states , the applicant shall be able to choose the member state where she or he want to be transferred;


### the member state which issued the residence document conferring the right to the longest period of residency or , where the periods of validity are identical , the member state which issued the residence document having the latest expiry date; ### deleted


### where the various visas are of the same type the member state which issued the visa having the latest expiry date; ### deleted


### where the visas are of different types , the member state which issued the visa having the longest period of validity or , where the periods of validity are identical , the member state which issued the visa having the latest expiry date. ### deleted


### 4. where the applicant is in possession of one or more residence documents or one or more visas which expired less than three years before the application was registered , paragraphs 1 , 2 and 3 shall apply. ### deleted


### 1. where the applicant is in possession of a diploma or qualification issued by an education establishment established in a member state and the application for international protection was registered after the applicant left the territory of the member states following the completion of his or her studies , the member state in which that education establishment is established shall be responsible for examining the application for international protection. ### 1. where the applicant is in possession of a diploma or qualification issued by an education establishment established in a member state , the member state in which that education establishment is established shall be responsible for examining the application for international protection. in this context , an education institution means any type of education institution recognised or considered as such in accordance with national law which , in accordance with national law or practice , offers recognised education degrees or other recognised qualifications , regardless of the name of such establishment , or any institution which , in accordance with national law or practice , offers vocational education or training.


### 2. where the applicant is in possession of more than one diploma or qualification issued by education establishments in different member states , the responsibility for examining the application for international protection shall be assumed by the member state which issued the diploma or qualification following the longest period of study or , where the periods of study are identical , by the member state in which the most recent diploma or qualification was obtained. ### 2. where the applicant is in possession of more than one diploma or qualification issued by education establishments in different member states , the applicant shall be able to choose the member state where she or he want to be transferred and be responsible for examining the application for international protection.


### article 21 ### deleted


### if a third-country national or a stateless person enters into the territory of the member states through a member state in which the need for him or her to have a visa is waived , that member state shall be responsible for examining his or her application for international protection. that responsibility shall cease if the application is registered more than three years after the date on which the person entered the territory. ### if a third-country national or a stateless person pursuant to article 1(1) of the 1954 convention relating to the status of stateless persons , enters into the territory of the member states through a member state in which the need for him or her to have a visa is waived , that member state shall be responsible for examining his or her application for international protection. that responsibility shall cease if the application is registered more than one year after the date on which the person entered the territory.


### sets out a common framework for the management of asylum and migration in the union; ### deleted


### establishes a mechanism for solidarity; ### establishes a mechanism for solidarity and fair-sharing of responsibility;


### ‘third-country national’ means any person who is not a citizen of the union within the meaning of article 20(1) of the treaty and who is not a person enjoying the right to free movement under union law as defined in article 2 , point (5) of regulation (eu) 2016/399 of the european parliament and of the council53 ; ### ‘third-country national’ means any person who is not a citizen of the union within the meaning of article 20(1) of the treaty on the functioning of the european union (tfeu) and who is not a person enjoying the right to free movement under union law as defined in article 2 , point (5) of regulation (eu) 2016/399 of the european parliament and of the council53;


### ‘application for international protection’ or ‘application’ means a request for protection made to a member state by a third-country national or a stateless person , who can be understood as seeking refugee status or subsidiary protection status; ### ‘application for international protection’ or ‘application’ means a request for protection made to 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 , who can be understood as seeking refugee status or subsidiary protection status;


### ‘applicant’ means a third-country national or a stateless person who has made an application for international protection in respect of which a decision has not been taken , or has been taken and is either subject to or can still be subject to a remedy in the member state concerned , irrespective of whether the applicant has a right to remain or is allowed to remain in accordance with regulation (eu) xxx/xxx [asylum procedure regulation] , including a person who has been granted immediate protection pursuant to regulation (eu) xxx/xxx [regulation addressing situations of crisis and force majeure in the field of asylum and migration]; ### ‘applicant’ means a third-country national or a stateless person pursuant to article 1 (1) of the 1954 convention relating to the status of stateless persons , who has made an application for international protection in respect of which a final decision has not been taken , or has been taken and is either subject to or can still be subject to a remedy in the member state concerned


### ‘examination of an application for international protection’ means examination of the admissibility or the merits of an application for international protection in accordance with regulation (eu) xxx/xxx [asylum procedure regulation] and regulation (eu) xxx/xxx [qualification regulation] , excluding procedures for determining the member state responsible in accordance with this regulation; ### ‘examination of an application for international protection’ means examination of the merits of an application for international protection in accordance with regulation (eu) xxx/xxx [asylum procedure regulation] and regulation (eu) xxx/xxx [qualification regulation] , excluding procedures for determining the member state responsible in accordance with this regulation;


### ‘beneficiary of international protection’ means a third-country national or a stateless person who has been granted international protection as defined in article 2(2) of regulation (eu) xxx/xxx [qualification regulation]; ### ‘beneficiary of international protection’ means a third-country national or a stateless person pursuant to article 1 (1) of the 1954 convention relating to the status of stateless persons , who has been granted international protection as defined in article 2(2) of regulation (eu) xxx/xxx [qualification regulation];


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


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


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


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


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


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


### ‘minor’ means a third-country national or a stateless person below the age of 18 years; ### ‘minor’ means a third-country national or a stateless person pursuant to article 1 (1) of the 1954 convention relating to the status of stateless persons , below the age of 18 years;


### ‘representative’ means a person or an organisation appointed by the competent bodies in order to assist and represent an unaccompanied minor in procedures provided for in this regulation with a view to ensuring the best interests of the child and exercising legal capacity for the minor where necessary; ### ‘representative’ means a person or an organisation , including a public authority designated by the competent authorities or bodies , with the necessary skills and expertise , including regarding the treatment and specific needs of minors , to represent , assist and act on behalf of an unaccompanied minor , as applicable , in order to safeguard his or her best interests and general well-being and so that the unaccompanied minor can benefit from the rights under this regulation.


### ‘residence document’ means any authorisation issued by the authorities of a member state authorising a third-country national or a stateless person to stay on its territory , including the documents substantiating the authorisation to remain on the territory under temporary protection arrangements or until the circumstances preventing a removal order from being carried out no longer apply , with the exception of visas and residence authorisations issued during the period required to determine the member state responsible as established in this regulation or during the examination of an application for international protection or an application for a residence permit; ### ‘residence document’ means any authorisation issued by the authorities of a member state authorising a third-country national or a stateless person pursuant to article 1 (1) of the 1954 convention relating to the status of stateless persons , to stay on its territory , including the documents substantiating the authorisation to remain on the territory under temporary protection arrangements or until the circumstances preventing a removal order from being carried out no longer apply , with the exception of visas and residence authorisations issued during the period required to determine the member state responsible as established in this regulation or during the examination of an application for international protection or an application for a residence permit;


### ‘diploma or qualification’ means a diploma or qualification which is obtained after at least a three months’ period of study in a recognised , state or regional programme of education or vocational training at least equivalent to level 2 of the international standard classification of education , operated by an education establishment in accordance with national law or administrative practice of the member states; ### ‘diploma or qualification’ means a diploma or qualification which is obtained after a period of study in a recognised , state or regional programme of education or vocational training , operated by an education establishment in accordance with national law or administrative practice of the member states;


### ‘education establishment’ means any type of public or private education or vocational training establishment established in a member state and recognised by that member state or considered as such in accordance with national law or whose courses of study or training are recognised in accordance with national law or administrative practice; ### ‘education establishment’ means any type of public or private education or vocational training establishment established in a member state and recognised by that member state or considered as such in accordance with national law or whose courses of study or training are recognised in accordance with national law or administrative practice , regardless of what such an establishment may be called , or any institution which , in accordance with national law or practice , offers vocational education or training;


### ‘absconding’ means the action by which an applicant does not remain available to the competent administrative or judicial authorities , such as by leaving the territory of the member state without authorisation from the competent authorities for reasons which are not beyond the applicant’s control; ### ‘absconding’ means the intentional action by which an applicant does not remain available to the competent administrative or judicial authorities , for reasons which are not beyond the applicant’s control;


### ‘risk of absconding’ means the existence of specific reasons and circumstances in an individual case , which are based on objective criteria defined by national law to believe that an applicant who is subject to a transfer procedure may abscond; ### ‘risk of absconding’ means the proven existence of specific reasons and circumstances in an individual case , following an individual assessment which is based on an exhaustive list of objective and specific criteria defined by national law and in line with standards developed by the european union agency for fundamental rights to believe that an applicant who is subject to a transfer procedure may abscond , not including criteria of a general nature such as merely being an applicant within the meaning of [apr regulation] , or one's nationality;


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


### ‘contributing member state’ means a member state that contributes or is obliged to contribute to the solidarity measures to a benefitting member state set out in chapters i-iii of part iv of this regulation; ### ‘contributing member state’ means a member state that contributes , on a voluntary basis through the discretionary clause or additional pledges , or is obliged to contribute to relocation from a benefitting member state


### ‘sponsoring member state’ means a member state that commits to return illegally staying third-country nationals to the benefit of another member state , providing the return sponsorship referred to in article 55 of this regulation; ### deleted


### ‘relocation’ means the transfer of a third-country national or a stateless person from the territory of a benefitting member state to the territory of a contributing member state; ### ‘relocation’ means the transfer of a third-country national or a stateless person pursuant to article 1 (1) of the 1954 convention relating to the status of stateless persons , from the territory of a benefitting member state to the territory of a contributing member state;


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


### (aa) ‘illegally staying third-country national’ means a third-country national who does not fulfil or no longer fulfils the conditions of entry as set out in article 6 of regulation (eu) 2016/399 or other conditions for entry , stay or residence in a member state. ### (aa) ‘irregularly staying third-country national’ means a third-country national who does not fulfil or no longer fulfils the conditions of entry as set out in article 6 of regulation (eu) 2016/399 or other conditions for entry , stay or residence in a member state.


### ii common framework for asylum and migration management ### ii common asylum policies


### comprehensive approach to asylum and migration management ### common actions in the field of asylum


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


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


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


### effective management and prevention of irregular migration; ### deleted


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


### full respect of the obligations laid down in international and european law concerning persons rescued at sea; ### full respect of the obligations laid down in international and european law concerning persons rescued at sea , including through the funding of a proactive transnational civil search and rescue operation in the central mediterranean;


### access to procedures for granting and withdrawing international protection on union territory and recognition of third-country nationals or stateless persons as refugees or beneficiaries of subsidiary protection; ### access to procedures for granting international protection on union territory and recognition of third-country nationals or stateless persons pursuant to article 1(1) of the 1954 convention relating to the status of stateless person as refugees or beneficiaries of subsidiary protection;


### determination of the member state responsible for the examination of an application for international protection , based on shared responsibility and rules and mechanisms for solidarity; ### determination of the member state responsible for the examination of an application for international protection , based on family and other meaningful links , and the automated distribution mechanism for solidarity;


### access for applicants to adequate reception conditions; ### access for applicants to adequate reception conditions in accordance with the reception conditions directive;


### effective management of the return of illegally staying third-country nationals; ### deleted


### measures aimed at reducing and tackling the enabling factors of irregular migration to and illegal stay in the union , including illegal employment; ### deleted


### full deployment and use of the operational tools set up at union level , notably the european border and coast guard agency , the asylum agency , eu-lisa and europol , as well as large-scale union information technology systems; ### full deployment and use of the operational tools of the asylum agency


### full implementation of the european framework for preparedness and management of crisis. ### deleted


### principle of integrated policy-making ### better integrated policy-making


### 1. the union and member states shall ensure coherence of asylum and migration management policies , including both the internal and external components of those policies. ### deleted


### 2. the union and member states acting within their respective competencies shall be responsible for the implementation of the asylum and migration management policies. ### 2. the union and member states acting within their respective competencies shall be responsible for the implementation of the asylum policies that comply fully with eu and international law , including with regard to fundamental rights.


### 3. member states , with the support of union agencies , shall ensure that they have the capacity to effectively implement asylum and migration management policies , taking into account the comprehensive approach referred to in article 3 , including the necessary human and financial resources and infrastructure. ### 3. member states , with the support of the asylum agency , shall ensure that they have the capacity to effectively implement asylum policies , including the necessary human and financial resources and infrastructure.


### 1. in implementing their obligations , the member states shall observe the principle of solidarity and fair sharing of responsibility and shall take into account the shared interest in the effective functioning of the union’s asylum and migration management policies. member states shall: ### 1. in implementing their obligations , the member states shall observe the principle of solidarity and fair sharing of responsibility and shall take into account the shared interest in the effective functioning of the union’s asylum policies. member states shall:


### establish and maintain national asylum and migration management systems that provide access to international protection procedures , grant such protection to those who are in need and ensure the return of those who are illegally staying; ### establish and maintain national asylum systems that provide access to international protection procedures , and other national protection procedures offering a right to stay for compassionate , humanitarian or other reasons;


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


### provide support to other member states in the form of solidarity contributions on the basis of needs set out in chapters i-iii of part iv; ### provide support to other member states in the form of relocation on the basis of criteria set out in chapter ii;


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


### 2. financial and operational support by the union for the implementation of the obligations shall be provided in accordance with the regulation (eu) xxx/xxx [asylum and migration fund] and regulation (eu) xxx/xxx [integrated border management fund]. ### 2. financial and operational support by the union for the implementation of the obligations shall be provided in accordance with the regulation (eu) xxx/xxx [asylum and migration fund].


### governance and monitoring of the migratory situation ### monitoring of the implementation of eu asylum acquis and fundamental rights


### 1. the commission shall adopt a european asylum and migration management strategy setting out the strategic approach to managing asylum and migration at union level and on the implementation of asylum and migration management policies in accordance with the principles set out in this part. the commission shall transmit the strategy to the european parliament and the council. ### 1. the commission should present every year a report on the implementation of eu asylum acquis. the commission shall transmit the report to the european parliament and the council.


### 2. the european asylum and migration management strategy shall take into account the following: ### 2. the european asylum report shall take into account the following:


### the national strategies of the member states referred to paragraph 3 of this article; ### the national legislations of the member states;


### information gathered by the commission under the commission recommendation no xxx on an eu migration preparedness and crisis management mechanism hereinafter referred to as migration preparedness and crisis blueprint; the reports issued under that framework as well as the activities of the migration preparedness and crisis management network; ### deleted


### relevant reports and analyses from union agencies; ### relevant reports and analyses from the asylum agency and the european union agency for fundamental rights;


### information gathered in the course of evaluations undertaken in the schengen evaluation and monitoring mechanism in accordance with article 4 of regulation (eu) no 1053/201355 . ### relevant reports and analyses produced by unhcr , the council of europe and other international organisations as well as reports from civil society organisations.


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


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


### 5. the member states shall establish the national strategies by [one year after the entry into force of this regulation] at the latest. the first european asylum and migration management strategy shall be adopted by [18 months after the entry into force of this regulation] at the latest and the first migration management report shall be issued by [one year after the entry into force of this regulation] at the latest. ### 5. based on the report , the european commission should initiate infringement procedures to ensure compliance. the member states shall present a timeline by which they will ensure compliance with the eu acquis by one year after the publication of the report at the latest.


### 6. the commission shall monitor and provide information on the migratory situation through regular situational reports based on good quality data and information provided by member states , the external action service , the asylum agency , the european border and coast guard agency , europol and the fundamental rights agency and notably the information gathered within the framework of the migration preparedness and crisis blueprint and its network. ### 6. the commission shall monitor and provide information on the asylum situation through regular situational reports based on good quality data and information provided by member states , the external action service , the asylum agency , the fundamental rights agency , international organisations such as unhcr and the council of europe , civil society organisations and independent international and national human rights mechanism.


### article 7 ### deleted


### i solidarity mechanisms ### i solidarity mechanism


### solidarity contributions ### automatic solidarity mechanism


### 1. solidarity contributions for the benefit of a member state under migratory pressure or subject to disembarkations following search and rescue operations shall consist of the following types: ### 1. solidarity contributions for the benefit of a member state including subject to disembarkations following search and rescue operations shall consist of the following types:


### relocation of applicants who are not subject to the border procedure for the examination of an application for international protection established by article 41 of regulation (eu) xxx/xxx [asylum procedure regulation]; ### relocation of applicants for the examination of an application for international protection


### return sponsorship of illegally staying third-country nationals; ### deleted


### relocation of beneficiaries of international protection who have been granted international protection less than three years prior to adoption of an implementing act pursuant to article 53(1); ### relocation of beneficiaries of international protection who have been granted international protection less than three years prior to adoption of an implementing act pursuant to article 53(1) with the consent of the beneficiary of international protection;


### capacity-building measures in the field of asylum , reception and return , operational support and measures aimed at responding to migratory trends affecting the benefitting member state through cooperation with third countries. ### deleted


### 2. such contributions may , pursuant to article 56 , also consist of: ### deleted


### article 46 ### deleted


### a solidarity forum shall comprise all member states. the commission shall convene and preside the solidarity forum in order to ensure the smooth functioning of this part. ### deleted


### [...] ### deleted


### article 51 ### deleted


### the size of the population (50% weighting); ### the size of the population (40% weighting);


### the total gdp (50% weighting). ### the total gdp (40% weighting).


### article 56 ### deleted


### persons referred to in article 45(1) , point (b) where the period referred to in article 55(2) has expired , and article 45(2) , point (b). ### deleted


### 2. before applying the procedure set out in this article , the benefitting member state shall ensure that there are no reasonable grounds to consider the person concerned a danger to national security or public order of that member state. if there are reasonable grounds to consider the person a danger to national security or public order , the benefitting member state shall not apply the procedure set out in this article and shall , where applicable , exclude the person from the list referred to in article 49(2). ### deleted


### 3. where relocation is to be applied , the benefitting member state shall identify the persons who could be relocated. where the person concerned is an applicant for or a beneficiary of international protection , that member state shall take into account , where applicable , the existence of meaningful links between the person concerned and the member state of relocation. where the identified person to be relocated is a beneficiary for international protection , the person concerned shall be relocated only after that person consented to relocation in writing. ### 3. where the person to be relocated is an applicant for or a beneficiary of international protection , that member state shall take into account , where applicable , the existence of meaningful links between the person concerned and the member state of relocation. the applicant shall be fully informed and consulted in the procedure of determination of the meaningful links and shall have the right to challenge a decision. where meaningful links as defined under this regulation exist in more than one member state , the applicant shall be able to decide to which member state to be transferred. where the identified person to be relocated is a beneficiary for international protection , the person concerned shall be relocated only after that person consented to relocation in writing.


### where relocation is to be applied pursuant to article 49 , the benefitting member state shall use the list drawn up by the asylum agency and the european border and coast guard agency referred to in article 49(2). ### deleted


### the first subparagraph shall not apply to applicants for whom the benefitting member state can be determined as the member state responsible pursuant to the criteria set out in articles 15 to 20 and 24 , with the exception of article 15(5). those applicants shall not be eligible for relocation. ### deleted


### 4. when the period referred to in article 55(2) expires , the benefitting member state shall immediately inform the sponsoring member state that the procedure set out in paragraphs 5 to 10 shall be applied in respect of the illegally staying third-country nationals concerned. ### deleted


### 6. the member state of relocation shall examine the information transmitted by the benefitting member state pursuant to paragraph 5 , and verify that there are no reasonable grounds to consider the person concerned a danger to its national security or public order. ### deleted


### 7. where there are no reasonable grounds to consider the person concerned a danger to its national security or public order , the member state of relocation shall confirm within one week that it will relocate the person concerned. ### 7. where there are family and other meaningful links , the member state of relocation shall confirm within one week that it will relocate the person concerned.


### where the checks confirm that there are reasonable grounds to consider the person concerned a danger to its national security or public order , the member state of relocation shall inform within one week the benefitting member state of the nature of and underlying elements for an alert from any relevant database. in such cases , relocation of the person concerned shall not take place. ### deleted


### 1. the member state of relocation shall inform the benefitting member state of the safe arrival of the person concerned or of the fact that he or she did not appear within the set time limit. ### 1. the member state of relocation shall inform the benefitting member state and the asylum agency 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 member state of relocation has relocated an applicant for whom the member state responsible has not yet been determined , that member state shall apply the procedures set out in part iii , with the exception of article 8(2) , article 9(1) and (2) , article 15(5) , and article 21(1) and (2). ### 2. the member state of relocation shall be responsible for examining the application for international protection.


### where no member state responsible can be designated under the first subparagraph , the member state of relocation shall be responsible for examining the application for international protection. ### deleted


### 3. where the member state of relocation has relocated an applicant for whom the benefitting member state had previously been determined as responsible on other grounds than the criteria referred to in article 57(3) third subparagraph , the responsibility for examining the application for international protection shall be transferred to the member state of relocation. ### 3. responsibility determination after relocation can solely take place under extenuating circumstances , and provided that all timelines are being respected. the member state of relocation shall consider all criteria.


### 5. where the member state of relocation has relocated a third-country national who is illegally staying on its territory , of directive 2008/115/ec shall apply. ### deleted


### the benefitting and contributing member states shall keep the commission informed on the implementation of solidarity measures taken on a bilateral level including measures of cooperation with a third country. ### the benefitting and contributing member states shall keep the commission and the asylum agency informed on the implementation of additional relocation pledges taken on a bilateral level.


### upon request , the commission shall coordinate the operational aspects of the measures offered by the contributing member states , including any assistance by experts or teams deployed by the asylum agency or the european border and coast guard agency. ### the eu relocation coordinator shall coordinate the operational aspects of the implementation of the distribution mechanism with the technical support of the asylum agency.


### 1. member states shall implement appropriate technical and organisational measures to 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. ### 1. any processing of personal data under this regulation shall be subject to relevant union legislation on data protection , in particular regulation (eu) 2018/1725 , regulation (eu)2016/679 and , where relevant , directive (eu) 2016/680. member states shall implement appropriate technical and organisational measures to 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.


### 3. the processing of personal data by the asylum agency shall be subject to regulation (eu) xxx/xxx [european union asylum agency] , in particular as regards the monitoring of the european data protection supervisor. ### 3. the processing of personal data by the asylum agency shall be subject to regulation (eu) 2018/1725 , in particular as regards supervision by the european data protection supervisor.


### with regard to beneficiaries of international protection , the required period of legal and continuous residence shall be three years. ### with regard to beneficiaries of international protection , as well as beneficiaries of protection under the 1954 convention relating to stateless persons , the required period of legal and continuous residence shall be three years.


### 5. member states shall keep the information necessary to allow the proper identification of the persons resettled or admitted and of the date of their resettlement or admission , while applicable provisions concerning data retention periods shall prevail. ### 5. only for the purpose to protect the financial interests of the union , member states authorities competent in that regard shall keep the information necessary to allow the proper identification of the persons resettled or admitted and of the date of their resettlement or admission , while applicable provisions concerning data retention periods shall prevail.


### eur [10 000] per illegally staying third-country national relocated in accordance with article 53 , when the period referred to in article 55(2) has expired , and article 56 of regulation (eu) xxx/xxx [asylum and migration management regulation]. ### deleted


### 6. member states shall keep the information necessary to allow the proper identification of the persons transferred and of the date of their transfer , while applicable provisions concerning data retention periods shall prevail. ### 6. only for the purpose of protecting the financial interests of the union , member states authorities competent in that regard shall keep the information necessary to allow the proper identification of the persons transferred and of the date of their transfer , while applicable provisions concerning data retention periods shall prevail.


### standard form for establishing a search and rescue solidarity response plan in accordance with article 47 ### deleted


### standard form for establishing a solidarity response plan in accordance with article 50 ### deleted


### formula for the distribution key pursuant to article 52 of the regulation: ### formula for the distribution key pursuant to article 54 of the regulation:


### population effectms76 ### the size of the population (40% weighting)


### gdp effectms 77 ### the total gdp (40% weighting)77


### standard form for contributing to a solidarity support plan in accordance with article 54 ### deleted


### (30) in order to ensure a comprehensive and effective solidarity response and in order to give clarity to member states receiving support , the commission should adopt an implementing act specifying the contributions to be made by each member state. such contributions should always be based on the type of contributions indicated by the member state concerned in the solidarity response plan , except where that member state failed to submit one. in such cases , the measures set out in the implementing act for the member state concerned should be determined by the commission. ### deleted


### (31) a distribution key based on the size of the population and of the economy of the member states should be applied as a point of reference for the operation of the solidarity mechanism enabling the determination of the overall contribution of each member state. ### (31) a distribution key based on the size of the population , the economy of the member states and the unemployment rate should be applied as a point of reference for the operation of the solidarity mechanism enabling the determination of the overall contribution of each member state and ensure a fair sharing of responsibilities among member states. the european union asylum agency should establish this distribution key and set up an automated system to implement the solidarity mechanism. in case no criteria based on family and meaningful links can be applied , and the motivated application to any member states based on other links was rejected , the applicant should be relocated to member states which are below their share of applications on the basis of the distribution key. in such case , the applicant can choose between the 5 member states with the lowest share of applications. after the transfer , the member state of allocation should examine the application as the member state responsible.


### (32) a member state should be able to take , at its own initiative or at the request of another member state , other solidarity measures on a voluntary basis to assist that member state in addressing the migratory situation or to prevent migratory pressure. those contributions should include measures aimed at strengthening the capacity of the member state under pressure or at responding to migratory trends through cooperation with third countries. in addition , such solidarity measures should include relocation of third-country nationals that are in the border procedure as well as illegally staying third-country nationals. in order to incentivise voluntary solidarity , where member states make voluntary contributions in the form of relocation or return sponsorship , those contributions should be taken into account in the implementing act provided for in respect of situations of migratory pressure. ### (32) a member state should be able to , at its own initiative or at the request of another member state , provide additional relocation places on a voluntary basis to assist that member state. in order to incentivise voluntary solidarity through additional relocations , those relocations should be supported financially by the amif fund.


### (33) the common european asylum system (ceas) has been built progressively as a common area of protection based on the full and inclusive application of the geneva convention relating to the status of refugees of 28 july 1951 , as supplemented by the new york protocol of 31 january 1967 (‘the geneva convention’) , thus ensuring that no person is sent back to persecution , in compliance with the principle of non-refoulement. in this respect , and without the responsibility criteria laid down in this regulation being affected , member states , all respecting the principle of non-refoulement , are considered as safe countries for third-country nationals. ### (33) the common european asylum system (ceas) has been built progressively as a common area of protection based on the full and inclusive application of the geneva convention relating to the status of refugees of 28 july 1951 , as supplemented by the new york protocol of 31 january 1967 (‘the geneva convention’) , thus ensuring that no person is sent back to persecution , in compliance with the principle of non-refoulement. article 18 of the charter of fundamental rights of the european union provides that the right to asylum is guaranteed with due respect for the rules of the geneva convention relating to the status of refugees of 28 july 1951 , as supplemented by the new york protocol of 31 january 1967 (‘the geneva convention’) and in accordance with the treaty on european union and the treaty on the functioning of the european union.


### (34) it is appropriate that a clear and workable method for determining the member state responsible for the examination of an application for international protection should be included in the common european asylum system40 . that method should be based on objective , fair criteria both for the member states and for the persons concerned. it should , in particular , make it possible to determine rapidly the member state responsible , so as to guarantee effective access to the procedures for granting international protection and not to compromise the objective of the rapid processing of applications for international protection. ### (34) it is appropriate that a clear and workable method for determining the member state responsible for the examination of an application for international protection should be included in the common european asylum system40 . that method should be based on objective , fair criteria both for the member states and for the persons concerned. it should , in particular , make it possible to determine rapidly the member state responsible , so as to guarantee effective access to the procedures for granting international protection and not to compromise the objective of the rapid and fair processing of applications for international protection. if no family or other meaningful links can be found during the procedure of the determination of the member state responsible , the applicant should be able to make a written , duly motivated request to be relocated to any member states , in particular on the basis on cultural or social ties , language skills or other links that could facilitate his or her integration into a specific member state and could not be taken into account under meaningful links as defined in this regulation. these applications would be submitted by the determining member state to these member states , who would then apply the discretionary clause.


### (35) this regulation should be based on the principles underlying regulation (eu) no 604/2013 of the european parliament and of the council41 while developing the principle of solidarity and fair sharing of responsibility as part of the common framework. to that end , a new solidarity mechanism should enable a strengthened preparedness of member states to manage migration , to address situations where member states are faced with migratory pressure and to facilitate regular solidarity support among member states. ### deleted