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


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


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


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


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


### (43) in accordance with the 1989 united nations convention on the rights of the child and with the charter of fundamental rights of the european union , the best interests of the child should be a primary consideration of member states when applying this regulation. in assessing the best interests of the child , member states should , in particular , take due account of the minor’s well-being and social development , safety and security considerations and the views of the minor in accordance with his or her age and maturity , including his or her background. in addition , specific procedural guarantees for unaccompanied minors should be laid down on account of their particular vulnerability. ### (43) in accordance with the 1989 united nations convention on the rights of the child and with the charter of fundamental rights of the european union , the best interests of the child should be a primary consideration of member states when applying this regulation. in assessing the best interests of the child , member states should carry out an individual assessment led by the relevant and independent child protection authorities , taking due account of the minor’s well-being and social development , safety and security considerations in the short , medium and long term and the views of the minor in accordance with his or her age and maturity , including his or her individual circumstances and background. in addition , specific procedural guarantees for unaccompanied minors should be laid down on account of their particular vulnerability including the appointment of an independent guardian and access to free legal assistance.


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


### (45) in order to prevent that persons who represent a security risk are transferred among the member states , it is necessary to ensure that the member state where an application is first registered does not apply the responsibilty criteria or the benefitting member state does not apply the relocation procedure where there are reasonable grounds to consider the person concerned a danger to national security or public order. ### (45) in order to prevent that persons who represent a security risk are transferred among the member states , it is necessary to ensure that the member state where an application is first registered does not apply the responsibility criteria or the benefitting member state does not apply the relocation procedure where the screening regulated by [screening regulation] has shown that there are reasonable grounds to consider the person concerned a genuine , present and sufficiently serious threat to national security.


### (46) the processing together of the applications for international protection of the members of one family by a single member state should make it possible to ensure that the applications are examined thoroughly , the decisions taken in respect of them are consistent and the members of one family are not separated. ### (46) family unity should be ensured in the application of this regulation. the processing together of the applications for international protection of the members of one family by a single member state should make it possible to ensure that the applications are examined thoroughly , the decisions taken in respect of them are consistent and the members of one family are not separated.


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


### (48) in order to ensure full respect for the principle of family unity and for the best interests of the child , the existence of a relationship of dependency between an applicant and his or her child , sibling or parent on account of the applicant’s pregnancy or maternity , state of health or old age , should be a binding responsibility criterion. when the applicant is an unaccompanied minor , the presence of a family member or relative on the territory of another member state who can take care of him or her should also become a binding responsibility criterion. in order to discourage unauthorised movements of unaccompanied minors , which are not in their best interests , in the absence of a family member or a relative , the member state responsible should be that where the unaccompanied minor’s application for international protection was first registered , unless it is demonstrated that this would not be in the best interests of the child. before transferring an unaccompanied minor to another member state , the transferring member state should make sure that that member state will take all necessary and appropriate measures to ensure the adequate protection of the child , and in particular the prompt appointment of a representative or representatives tasked with safeguarding respect for all the rights to which they are entitled. any decision to transfer an unaccompanied minor should be preceded by an assessment of his or her best interests by staff with the necessary qualifications and expertise. ### (48) in order to ensure full respect for the principle of family unity and for the best interests of the child , the existence of a relationship of dependency between an applicant and his or her child , sibling or parent , including on account of the applicant’s pregnancy or maternity , state of health or old age , should be a binding responsibility criterion. when the applicant is an unaccompanied minor , the presence of a family member or relative on the territory of another member state who can take care of him or her should also become a binding responsibility criterion as long as this is in the best interests of the minor. before transferring a minor to another member state , the transferring member state should obtain individual guarantees from that member state that it will take all necessary and appropriate measures to ensure the adequate protection of the child. for unaccompanied minors , this includes in particular the prompt appointment of a guardian and legal adviser tasked with safeguarding respect for all the rights to which they are entitled as well as prompt access to free legal assistance. when considering or implementing the transfer of a child , states should promote and facilitate the continuity and stability of the support and assistance provided to a child. states should promote and facilitate transnational cooperation between these actors , including sharing of information about the child , with the informed consent of the child. any decision on the responsibility for a minor should be preceded by an individual assessment of his or her best interests by a multidisciplinary team with the necessary qualifications and expertise and the participation of his or her guardian and legal adviser.


### (49) the rules on evidence should allow for a swifter family reunification than until now. it is therefore necessary to clarify that formal proof , such as original documentary evidence and dna testing , should not be necessary in cases where the circumstantial evidence is coherent , verifiable and sufficiently detailed to establish responsibility for examining an application for international protection. ### (49) the rules on evidence should allow for a swifter family reunification than until now. it is therefore necessary to clarify that formal proof , such as original documentary evidence and dna testing , should not be necessary to establish responsibility for examining an application for international protection. member states’ authorities should consider all available evidence including photos , proof of contact and witness statements to make a fair appraisal of the relationship. the assessment of family links should not further impede the family reunion process.


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


### (53) in order to ensure that the procedures set out in this regulation are respected and to prevent obstacles to the efficient application of this regulation , in particular in order to avoid absconding and unauthorised movements between member states , it is necessary to establish clear obligations to be complied with by the applicant in the context of the procedure , of which he or she should be duly informed in a timely manner. violation of those legal obligations should lead to appropriate and proportionate procedural consequences for the applicant and to appropriate and proportionate consequences in terms of his or her reception conditions. in line with the charter of fundamental rights of the european union , the member state where such an applicant is present should in any case ensure that the immediate material needs of that person are covered. ### (53) in order to ensure that the procedures set out in this regulation are respected and to prevent obstacles to the efficient application of this regulation , it is necessary to establish clear obligations to be complied with by the member state and the applicant in the context of the procedure , of which the applicant should be duly informed in a timely manner. the meaning of absconding should be strictly defined. irregular entry , lack of an address or documents proving the identity of an applicant should not , per se , constitute criteria for determining an existence of a risk of absconding.


### (54) in order to limit the possibility for applicants’ behaviour to lead to the cessation or shift of responsibility to another member state , rules allowing for cessation or shift of responsibility where the person leaves the territory of the member states for at least three months during examination of the application or absconds to evade a transfer to the member state responsible for more than 18 months should be deleted. the shift of responsibility when the time limit for sending a take back notification has not been respected by the notifying member state should also be removed in order to discourage circumventing the rules and obstruction of procedure. in situations where a person has entered a member state irregularly without applying for asylum , the period after which the responsibility of that member state ceases and another member state where that person subsequently applies becomes responsible should be extended , to further incentivise persons to comply with the rules and apply in the first member state of entry and hence limit unauthorised movements and increase the overall efficiency of the ceas. ### (54) in order to increase applicants' understanding of the functioning of ceas it is necessary to improve the provision of information significantly. investing in the early provision of accessible information to applicants will greatly increase the likelihood that they will understand , accept and follow the procedures of this regulation. in order to reduce the administrative requirements and make effective use of common resources , the asylum agency should develop suitable information material , in close cooperation with the national authorities. the asylum agency should make full use of modern information technologies when developing that material. in order to assist asylum seekers properly , the asylum agency should also develop audio-visual information material that can be used as a complement to written information material. the asylum agency should be responsible for maintaining a dedicated website with information on the functioning of the ceas for applicants and potential applicants designed to counter the often incorrect information provided to them by smugglers. the information material developed by the asylum agency should be translated and made available in all of the major languages spoken by asylum seekers arriving in the union.


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


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


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


### (58) in order to ensure the speedy determination of responsibility , the deadlines for making and replying to requests to take charge , for making take back notifications , as well as for making and deciding on appeals , should be streamlined and shortened. ### (58) in order to ensure the speedy determination of responsibility , the deadlines for making and replying to requests to take charge , for making take back notifications , as well as for making and deciding on appeals , should be streamlined and shortened to the greatest extent possible , while respecting the fundamental rights of applicants. the transfer and relocation of applicants with specific reception or procedural needs should be prioritised.


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


### (63) to support member states who undertake relocation as a solidarity measure , financial support from the union budget should be provided. in order to incentivise member states to give priority to the relocation of unaccompanied minors a higher incentive contribution should be provided. ### (63) to support member states who undertake relocation as a solidarity measure , financial support from the union budget should be provided. in order to incentivise member states to immediately relocate unaccompanied minors , persons disembarked following search and rescue missions and other applicants in a vulnerable situation a higher incentive contribution should be provided.


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


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


### (69) with respect to the treatment of persons falling within the scope of this regulation , member states are bound by their obligations under instruments of international law , including the relevant case-law of the european court of human rights. ### (69) with respect to the treatment of persons falling within the scope of this regulation , member states are bound by their obligations under instruments of international law , including the relevant case-law of the court of justice of the european union and the european court of human rights.


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


### (73) the commission should adopt immediately applicable implementing acts in duly justified imperative grounds of urgency due to the situation of migratory pressure present in a member states. ### (73) the commission should adopt immediately applicable implementing acts in duly justified imperative grounds of urgency due to a risk of pressure on the asylum or reception system of a member state.


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


### (77) this regulation respects the fundamental rights and observes the principles which are acknowledged , in particular , in the charter of fundamental rights of the european union. in particular , this regulation seeks to ensure full observance of the right to asylum guaranteed by article 18 of the charter as well as the rights recognised under articles 1 , 4 , 7 , 24 and 47 thereof. this regulation should therefore be applied accordingly. ### (77) this regulation respects the fundamental rights and principles which are guaranteed in eu and international law , including in the charter of fundamental rights of the european union. in particular , this regulation seeks to ensure full observance of the right to asylum guaranteed by article 18 of the charter , with due respect for the rules of the geneva convention of 28 july 1951 and the protocol of 31 january 1967 relating to the status of refugees. member states should therefore apply this regulation accordingly.


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


### iii dependent persons and discretionary clauses ### iii dependent persons , discretionary clauses and light procedures


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


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


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


### the criteria for assessing the capacity of the person concerned to take care of the dependent person; ### deleted


### take back , under the conditions laid down in articles 31 and 35 of this regulation , an applicant or a third-country national or a stateless person in relation to whom that member state has been indicated as the member state responsible under article 11(1) of regulation (eu) xxx/xxx [eurodac regulation]; ### take back , under the conditions laid down in articles 31 and 35 of this regulation , an applicant in relation to whom that member state has been indicated as the member state responsible under article 11(1) of regulation (eu) xxx/xxx [eurodac regulation];


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


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


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


### an application registered after an effective removal has taken place shall be regarded as a new application for the purpose of this regulation , thereby giving rise to a new procedure for determining the member state responsible. ### deleted


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


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


### 3. the member state which has conducted the process of determining the member state responsible or which has become responsible pursuant to article 8(4) of this regulation shall indicate in eurodac without delay pursuant to article 11(1) of regulation (eu) xxx/xxx [eurodac regulation]: ### 3. the member state which has conducted the process of determining the member state responsible or which has become responsible pursuant to article 8(4) of this regulation or by relocation of the applicant to its territory shall indicate in eurodac without delay pursuant to article 11(1) of regulation (eu) xxx/xxx [eurodac regulation]:


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


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


### where the applicant is an unaccompanied minor , the determining member state may , where it considers that it is in the best interest of the minor , continue the procedure for determining the member state responsible and request another member state to take charge of the applicant despite the expiry of the time limits laid down in the first and second subparagraphs. ### where the applicant is a minor , or the request is based on article 16 , 17 , 18 or 24 , the determining member state shall , continue the procedure for determining the member state responsible and request another member state to take charge of the applicant despite the expiry of the time limits laid down in the first and second subparagraphs.


### 1. the requested member state shall make the necessary checks , and shall give a decision on the request to take charge of an applicant within one month of receipt of the request. ### 1. the requested member state shall make the necessary checks , and shall give a decision on the request to take charge of an applicant within two weeks of receipt of the request.


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


### 4. the commission shall , by means of implementing acts , establish , and review periodically , two lists , indicating the relevant elements of proof and circumstantial evidence in accordance with the criteria set out in points (a) and (b) of this paragraph. those implementing acts shall be adopted in accordance with the examination procedure referred to in article 67(2). ### 4. the commission is empowered to adopt delegated acts in accordance with article 68 , establishing , and reviewing periodically , two lists , indicating the relevant elements of proof and circumstantial evidence in accordance with the criteria set out in points (a) and (b) of this paragraph.


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


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


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


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


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


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


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


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


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


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


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


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


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


### member states shall ensure that information on persons or entities that may provide legal assistance to the person concerned is communicated to the person concerned together with the decision referred to in paragraph 1 , when that information has not been already communicated. ### member states shall ensure that information on persons or entities that may provide legal assistance to the person concerned is communicated to the person concerned prior to the decision referred to in paragraph 1.


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


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


### the scope of the remedy shall be limited to an assessment of: ### the scope of the remedy shall include at least an assessment of:


### whether the transfer would result in a real risk of inhuman or degrading treatment for the person concerned within the meaning of article 4 of the charter of fundamental rights; ### whether the transfer or failure to transfer would result in a real risk of inhuman or degrading treatment for the person concerned within the meaning of article 4 of the charter of fundamental rights;


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


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


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


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


### if suspensive effect is granted , the court or tribunal shall endeavour to decide on the substance of the appeal or review within one month of the decision to grant suspensive effect. ### the court or tribunal shall endeavour to decide on the substance of the appeal or review within one month.


### 4. member states shall ensure that the person concerned has access to legal assistance and , where necessary , to linguistic assistance. ### 4. member states shall ensure that the person concerned has access , where necessary , to linguistic assistance.


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


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


### 3. detention shall be for as short a period as possible and shall be for no longer than the time reasonably necessary to fulfil the required administrative procedures with due diligence until the transfer under this regulation is carried out. ### 3. detention shall be for as short a period as possible and shall be for no longer than the time reasonably necessary to fulfil the required administrative procedures with due diligence until the transfer under this regulation is carried out. detention is never in the best interests of children and the detention of minors under this regulation shall therefore be prohibited. member states shall accommodate minors and families with minors in non-custodial , community-based placements while their application is processed. unaccompanied children shall be placed in appropriate alternative care settings in the national child protection system in line with their best interests and taking into consideration their views.


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


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


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


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


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


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


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


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


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


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


### 4. the commission shall , by means of implementing acts , establish uniform conditions for the consultation and exchange of information between member states , in particular in the event of postponed or delayed transfers , transfers following acceptance by default , transfers of minors or dependent persons , and supervised transfers. those implementing acts shall be adopted in accordance with the examination procedure referred to in article 67(2). ### 4. the commission shall , by means of implementing acts , establish uniform methods for the consultation and exchange of information between member states , in particular in the event of postponed or delayed transfers , transfers following acceptance by default , transfers of minors or dependent persons , and supervised transfers. those implementing acts shall be adopted in accordance with the examination procedure referred to in article 67(2).


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


### any immediate measures which the member state responsible is required to take in order to ensure that the special needs of the person to be transferred are adequately addressed , including any immediate health care that may be required; ### any immediate measures which the member state responsible is required to take in order to ensure that the special needs of the person to be transferred are adequately addressed , including any immediate health care that may be required and , where relevant , any arrangements needed to uphold the best interest of the child;


### 4. with a view to facilitating the exchange of information between member states , the commission shall , by means of implementing acts , draw up a standard form for the transfer of the data required pursuant to this article. those implementing acts shall be adopted in accordance with the examination procedure laid down in article 67(2). ### 4. with a view to facilitating the exchange of information between member states , the commission is empowered to adopt delegated acts in accordance with article 68 concerning a standard form for the transfer of the data required pursuant to this article.


### article 38 ### deleted


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


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


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


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


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


### 9. in each member state concerned , a record shall be kept , in the individual file for the person concerned or in a register , of the transmission and receipt of information exchanged. ### 9. in each member state concerned , a record shall be kept , in the individual file for the person concerned or in a register , of the transmission and receipt of information exchanged. the security and confidentiality of this record shall be ensured.


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


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


### 1. in order to facilitate the proper functioning of the mechanisms set up under this regulation and resolve difficulties in the application thereof , where two or more member states encounter difficulties in their cooperation under this regulation or in its application between them , the member states concerned shall , upon request by one or more of them , hold consultations without delay with a view to finding appropriate solutions within a reasonable time , in accordance with the principle of sincere cooperation. ### 1. in order to facilitate the proper functioning of the mechanisms set up under this regulation and resolve difficulties in the application thereof , where two or more member states encounter difficulties in their cooperation under this regulation or in its application between them , the member states concerned shall , upon request by one or more of them or the commission , hold consultations without delay with a view to finding appropriate solutions within four weeks of the request , in accordance with the principle of sincere cooperation. if the difficulties concern the implementation of part iv of this regulation , the eu relocation coordinator shall be invited to attend these consultations.


### 2. where no solution is found under paragraph 1 or the difficulties persist , one or more of the member states concerned may request the commission to hold consultations with the member states concerned with a view to finding appropriate solutions. the commission shall hold such consultations without delay. the member states concerned shall actively participate in the consultations and , as well as the commission , take all appropriate measures to promptly resolve the matter. the commission may adopt recommendations addressed to the member states concerned indicating the measures to be taken and the appropriate deadlines. ### 2. where no solution is found under paragraph 1 or the difficulties persist , the commission shall hold consultations with the member states concerned with a view to finding appropriate solutions. the commission shall hold such consultations within four weeks of the request. the member states concerned shall actively participate in the consultations and , as well as the commission , take all appropriate measures to promptly resolve the matter. the commission , as appropriate in consultation with the eu relocation coordinator , may adopt recommendations addressed to the member states concerned indicating the measures to be taken and the appropriate deadlines.


### a. whereas four eutfs have been established since 2014 to respond to the need for flexible and quick instruments to provide a coherent and reinforced aid response to crises: the bêkou eutf , established on 15 july 2014 , with the objective of supporting all aspects of the central african republic’s exit from crisis and its reconstruction efforts; the madad eutf , a european union regional trust fund in response to the syrian crisis , established on 15 december 2014; the africa eutf , a european union emergency trust fund for stability and addressing the root causes of irregular migration and displaced persons in africa , established on 12 november 2015; and the colombia eutf , established on 12 december 2016 to support the implementation of the peace agreement in the early recovery and stabilisation post-conflict; ### a. whereas four eutfs have been established since 2014 to respond to the need for flexible and quick instruments to provide a coherent and reinforced aid response to crises: the bêkou eutf , established on 15 july 2014 , with the objective of supporting all aspects of the central african republic’s exit from crisis and its reconstruction efforts; the madad eutf , a european union regional trust fund in response to the syrian crisis to allow for pooling and tailoring resources and response at a regional level , established on 15 december 2014; the africa eutf , a european union emergency trust fund for stability and addressing the root causes of irregular migration and displaced persons in africa , established on 12 november 2015; and the colombia eutf , established on 12 december 2016 to support the implementation of the peace agreement in the early recovery and stabilisation post-conflict;


### b. whereas setting up trust funds and going beyond the eu’s budgetary rules undermines the principle of a single budget and creates a number of issues in terms of transparency and accountability; ### b. whereas setting up trust funds and going beyond the eu’s budgetary rules undermines the principle of a single budget and creates a number of issues in terms of transparency and accountability; whereas the four existing trust funds1a are used as a financing mechanism to implement international cooperation and development measures.


### b. whereas the revision of the financial regulation in 2018 introduced provisions strengthening parliament’s scrutiny powers when new eutfs are established or the current ones are extended; ### b. whereas the revision of the financial regulation in 2018 rejected the european commission’s proposal to expand the scope and the role of the eutfs and introduced provisions strengthening parliament’s scrutiny powers when new eutfs are established or the current ones are extended; whereas such provisions remain too limited to ensure full democratic scrutiny from the european parliament as well as complete parliamentary scrutiny from the budgetary authority;


### 1. deplores the fact that both the eutf and the frt are ad hoc instruments that were set up outside the eu budget , raising concerns over their lack of transparency and democratic accountability; points out that their governance structures deviate from ordinary decision-making and bypass parliament scrutiny; ### 1. deplores the fact that both the eutf and the frt are ad hoc instruments that deviate from the ordinary decision-making procedure and bypass parliamentary scrutiny and democratic oversight , therefore lacking transparency and democratic accountability; stresses that detailed data on funding allocations are not available or hardly accessible;


### 1. reiterates that these should be considered exceptional or emergency-led instruments whose added value and effects on the ground should be well justified and monitored; ### 1. reiterates that these should be considered exceptional or emergency-led instruments whose added value and effects on the ground should be well justified and monitored; notes that this ‘emergency-driven’ nature makes it difficult to ascertain1a what the concrete emergencies are , how additional funding is addressing them , and to ensure a qualitative scrutiny of their results on the ground;


### 2. is concerned about the governance of the eutf: the composition of its board and regional operational committees , the opacity of the process for approving projects , the lack of dialogue with local and human rights csos , and the lack of ex ante and ongoing impact assessments on fundamental rights; ### 2. is concerned in particular about the governance of the eutf: the composition of its board and regional operational committees , the opacity of the process for defining and approving projects , the lack of dialogue with local and human rights csos , and the lack of ex ante and ongoing impact assessments regarding targeted populations and countries , notably concerning fundamental rights;


### 2. stresses that the need to create such trust funds is partly a consequence of the eu budget being structurally underfinanced and lacking possibilities to finance unexpected needs; ### 2. stresses that the need to create such trust funds is partly a consequence of the eu budget being structurally underfinanced and lacking possibilities to finance unexpected needs; is concerned that the trust funds aimed at emergency situations are prolonged non-stop instead of envisaging to have long-term policy operations considered in programming; takes notes with concern that the extension for a year of the eu trust funds will not change identified flaws in their governance structures: the situation of conflicts of interest - pointed out by the european court of auditors (eca)1a in 2017 - in the operational committee of bekou trust fund (where member states are represented by their own national development agencies , which in turn are selected as project implementers and lead on the largest projects , while ngos are awarded smaller ones) remains unchanged until the end of 2021;


### 3. highlights that the eutf is part of a trend of the securitisation and externalisation of eu border management aimed at reducing irregular migration to the eu; stresses the risks to development objectives and fundamental rights associated with this approach. ### 3. highlights that the eutf is part of a trend of the securitisation and externalisation of eu border management aimed at reducing irregular migration to the eu; stresses the risks to development objectives and fundamental rights associated with this approach; deplores the fact that 37% of the eutf is allocated to measures intended to restrict and reduce migration while less than 9% is allocated to addressing the drivers of migration and forced displacement;


### 3. notes that committee chairs and relevant members have been granted observer status in meetings of the strategic boards of the trust funds and in the frt steering committee; notes further that this status has not been formally reflected in the constitutive agreements of the trust funds; ### 3. notes that committee chairs and relevant members have been granted observer status in meetings of the strategic boards of the trust funds and in the frt steering committee; regrets that this status has not been formally reflected in the constitutive agreements of the trust funds;


### c. whereas parliament issued positive opinions in 2020 on the requests to extend the eutfs until the end of 2021; ### c. whereas parliament issued positive opinions in 2020 on the requests to extend the eutfs until the end of 2021 underlining the commission’s repeated reassurances that such extension requests concerning the trust funds are the last and final ones; whereas , in such opinions , parliament reminded that the eutfs are established under the development cooperation instrument , and must be aligned to the primary objective of the development policy of the european union , which remain “the fight against poverty” and stressed furthermore that the respect for human rights , fundamental freedoms , the promotion of the rule of law , democratic principles , transparency , good governance , peace and stability and gender equality , are essential and part of the constitutive agreement establishing the eutf;


### 4. continues to expresses concerns over the limited role of parliament in the supervision and scrutiny of the union contributions to the eutfs; recalls parliament’s request to monitor the activities of the operational committee , and calls on the commission to provide in good time detailed information on the decisions taken in that committee and to ensure that parliament is represented at its meetings; ### 4. continues to express serious concerns over the limited role of parliament in the supervision and scrutiny of the union contributions to the eutfs; recalls parliament’s request to monitor the activities of the operational committee , and calls on the commission to provide in good time detailed information on the decisions taken in that committee and to ensure that parliament is represented at its meetings;


### 5. welcomes the commission’s efforts to closely monitor and evaluate interventions , and to generate knowledge about the activities of the eutfs and of the frt , through a dedicated set of reports; hails these efforts to achieve greater transparency by publishing relevant data on the web pages of the eutfs and the frt; ### 5. welcomes the commission’s efforts to closely monitor and evaluate interventions , and to generate knowledge about the activities of the eutfs and of the frt , through a dedicated set of reports; hails these efforts to achieve greater transparency by publishing relevant data , including specific details of projects funded and results achieved vis-a-vis the stated objectives , on the web pages of the eutfs and the frt;


### 8. notes the conclusions by the european court of auditors , published in its 2017 special report , that the bêkou trust fund has had positive achievements overall and has attracted aid , but few additional donors , and that most of its projects have delivered their expected outputs and provided enhanced visibility to the eu; ### 8. highlights the conclusions by the european court of auditors , published in its 2017 special report , that the bêkou trust fund has had positive achievements overall and has attracted aid , but few additional donors , and that most of its projects have delivered their expected outputs and provided enhanced visibility to the eu; considers therefore that the bêkou trust fund missed one of its primarily objectives;


### 9. notes that the emerging security challenges in the car will require well-targeted , flexible eu support under the ndici-global europe to enhance peace and security , democratisation and strengthening democratic institutions in the car; ### 9. notes that due to the new security challenges still ongoing in the car further eu support will require well-targeted programmes , and where relevant , flexible eu funding , both under the ndici-global europe to enhance peace and security , democratisation and strengthening democratic institutions in the car and to evaluate better the impact of the eu support on ongoing conflicts and populations on the ground;


### — having regard to articles 210 , 214 and 314 of the treaty on the functioning of the european union , ### — having regard to articles 208 , 210 , 214 and 314 of the treaty on the functioning of the european union ,


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


### 12. emphasises the importance of continuous support for refugees , internally displaced persons and for vulnerable host communities , both inside syria and in the wider region , affected by the continued conflict , by means of a mix of longer-term , predictable and rapidly deployable funding under instruments established for the 2021-2027 multiannual financial framework (mff) and potential contributions from the member states as external assigned revenue , taking into account all financial instruments provided under the financial regulation; ### 12. emphasises the importance of continuous support for refugees , internally displaced persons and for vulnerable host communities , including in the wider region , affected by the continued conflict , by means of a mix of longer-term , predictable , fully transparent , and rapidly deployable funding under instruments established for the 2021-2027 multiannual financial framework (mff) and potential contributions from the member states as external assigned revenue , taking into account all financial instruments provided under the financial regulation;


### 13. considers that the trust fund for africa represents an important tool to provide a swift , flexible and targeted response to emerging challenges and underlines that common , global challenges , such as migration and forced displacement , the impact of climate change and economic crises in the context of the ongoing covid-19 pandemic , make this flexibility and rapidity more necessary than ever; ### 13. notes that the trust fund for africa was created as an emergency trust fund to contribute to address the crises in three regions in africa , with the aim of achieving long-term stability and development goals; considers that the eutf for africa represents a swift and flexible tool , highlights however that , considering the unprecedented challenges that it aims at addressing , including common , global challenges , such as migration and forced displacement , the impact of climate change and economic crises in the context of the ongoing covid-19 pandemic , its design should have been more focused; deplores that the commission has not defined which particular crises (e.g. per regions , per countries , the causes and impact on stability) the eutf for africa is meant to address and instead established very broad objectives which have allowed for flexibility , at the expense of having a strategy that is focused enough to steer action across the three windows and supports the measuring and reporting on results;


### 14. welcomes the fact that the eutf for africa has contributed to the triple humanitarian-development-peace nexus approach , which was not possible with the eu financial instruments under the previous mff; ### 14. welcomes the fact that the eutf for africa has in some cases contributed to the triple humanitarian-development-peace nexus approach , which was not possible with the eu financial instruments under the previous mff , by better linking humanitarian assistance and development cooperation to anticipate , prepare for and respond to crises and disasters , man-made or natural; recalls that as a fundamental principle , humanitarian assistance must be independent and dissociated in particular from security or stability agendas;


### 15. welcomes the generally strong degree of local ownership , the involvement of local authorities and civil society organisations (csos) in projects supported by the eutf for africa; ### 15. notes the potential for local ownership , the involvement of local authorities and civil society organisations (csos) in projects supported by the eutf for africa; calls on the commission to actively engage with local authorities and csos in order to fully make use of this potential of local ownership;


### 16. notes that the eutf for africa made a major contribution to strengthening resilience and implementing the humanitarian-development nexus in fragile contexts; notes further that it also fostered cooperation between different stakeholders , and allowed contributions from non-eu donors , which in the post-brexit context have acquired particular importance , and increased the visibility of the issue of migration and forced displacement and the eu’s response to it; ### deleted


### 17. considers that the trust fund for colombia has proven its value and represents , under the current circumstances , an important tool to support the implementation of the peace agreement between the colombian government and the revolutionary armed forces of columbia (farc); points out that the extension of the colombia eutf has further reaffirmed the eu’s commitment and provided much-needed support to the colombian peace process; ### 17. considers that the trust fund for colombia has proven its value and represents , under the current circumstances , an important tool to support the implementation of the peace agreement between the colombian government and the revolutionary armed forces of colombia (farc); points out that the extension of the colombia eutf has further reaffirmed the eu’s commitment and provided much-needed support to the colombian peace process; calls however , for the implementation of the colombian peace process to be prioritised as part of long- and medium-term , fully transparent funding programmes and monitoring , and for these programmes to count with the appropriate democratic scrutiny and involvement of the european parliament and appropriate , transparent and inclusive stakeholder consultations , notably of the local civil society;