### the commission shall submit the report on migratory pressure to the european parliament and to the council within one month after the commission informed them that it was carrying out an assessment pursuant to article 50(2). ### the commission shall submit the proposal for a report on migratory pressure to the council within one month after the commission informed them that it was carrying out an assessment pursuant to article 50(2). the commission shall communicate the proposal for a report on migratory pressure to the european parliament.


### 2. in the report , the commission shall state whether the member state concerned is under migratory pressure. ### 2. in the report , the commission shall state whether it considers that the member state concerned is under migratory pressure. the council shall adopt the report on migratory pressure.


### 3. where the commission concludes that the member state concerned is under migratory pressure , the report shall identify: ### 3. where the council concludes that the member state concerned is under migratory pressure , the report of the council shall identify:


### measures that the member state under migratory pressure should take in the field of migration management , and in particular in the field of asylum and return; ### measures and actions that the member state under migratory pressure should take , in particular in the field of asylum and return;


### (ii) measures referred to in article 45(1) , points (a) , (b) and (c) to be taken by other member states; ### (ii) measures referred to in article 45(1) to be taken by other member states;


### (iii) measures referred to in article 45(1) , point (d) to be taken by other member states. ### deleted


### 4. where the commission considers that a rapid response is required due to a developing situation in a member state , it shall submit its report within two weeks at the latest from the date on which it informed the european parliament , the council and the member states pursuant to article 50(2) that it was carrying out an assessment. ### 4. where the commission considers that a rapid response is required due to a developing situation in a member state , it shall submit its proposal for a report to the council within two weeks at the latest from the date on which it informed the european parliament , the council and the member states pursuant to article 50(2) that it was carrying out an assessment.


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


### solidarity response plans in situations of migratory pressure ### situations of migratory pressure


### 1. where the report referred to in article 51 indicates that a member state is under migratory pressure , the other member states which are not themselves benefitting member states shall contribute by means of the solidarity contributions referred to in article 45(1) , points (a) , (b) and (c). member states shall prioritise the relocation of unaccompanied minors. ### 1. where the report referred to in article 51 indicates that a member state is under migratory pressure , the other member states which are not themselves member states under pressure , shall contribute by means of the solidarity contributions referred to in article 45(1).


### 1. where the report referred to in article 51 indicates that a member state is under migratory pressure , the other member states which are not themselves benefitting member states shall contribute by means of the solidarity contributions referred to in article 45(1) , points (a) , (b) and (c). member states shall prioritise the relocation of unaccompanied minors. ### 1. where the report referred to in article 51 indicates that a member state is under migratory pressure , the other member states which are not themselves benefitting member states can contribute by means of the voluntary contributions referred to in article 45(1) , points (a) , (b) and (c). member states shall prioritise the relocation of unaccompanied minors.


### 2. where the report referred to in article 51 identifies measures referred to in paragraph 3 , point (b)(iii) of that article , other member states may contribute by means of those measures instead of measures referred to in article 51(3)(b)(ii). such measures shall not lead to a short fall of more than 30% of the total contributions identified in the report on migratory pressure under article 51(3)(b)(ii). ### deleted


### 3. within two weeks from the adoption of the report referred to in article 51 , member states shall submit to the commission a solidarity response plan by completing the form in annex ii. the solidarity response plan shall indicate the type of contributions from among those set out in article 51(3)(b)(ii) or , where relevant , the measures set out in article 51(3)(b)(iii) that member states propose to take. where member states propose more than one type of contribution set out in article 51(3)(b)(ii) , they shall indicate the share of each. ### deleted


### 3. within two weeks from the adoption of the report referred to in article 51 , member states shall submit to the commission a solidarity response plan by completing the form in annex ii. the solidarity response plan shall indicate the type of contributions from among those set out in article 51(3)(b)(ii) or , where relevant , the measures set out in article 51(3)(b)(iii) that member states propose to take. where member states propose more than one type of contribution set out in article 51(3)(b)(ii) , they shall indicate the share of each. ### 3. within two weeks from the adoption of the report referred to in article 51 , member states shall submit to the commission a solidarity response plan by completing the form in annex ii. the solidarity response plan shall indicate the type of contributions from among those set out in article 45(1) that member states propose to take. where member states propose more than one type of contribution set out in article 45(1) they shall indicate the share of each.


### where member states indicate measures set out in article 51(3)(b)(iii) in the solidarity response plan they shall also indicate the detailed arrangements and the time-frame for their implementation. ### where member states indicate measures set out in article 45(1) in the solidarity response plan they shall also indicate the detailed arrangements and the time-frame for their implementation.


### 4. where the commission considers that the solidarity contributions indicated in the solidarity response plans do not correspond to the needs identified in the report on migratory pressure provided for in article 51 , it shall convene the solidarity forum. in such cases , the commission shall invite member states to adjust the type of contributions in their solidarity response plans in the course of the solidarity forum by submitting revised solidarity response plans. ### deleted


### 4. where the commission considers that the solidarity contributions indicated in the solidarity response plans do not correspond to the needs identified in the report on migratory pressure provided for in article 51 , it shall convene the solidarity forum. in such cases , the commission shall invite member states to adjust the type of contributions in their solidarity response plans in the course of the solidarity forum by submitting revised solidarity response plans. ### 4. where the council considers that the solidarity contributions indicated in the solidarity response plans do not correspond to the needs identified in the report on migratory pressure provided for in article 51 , it shall convene a special council meeting. in such cases , the council shall invite member states to adjust their contributions in their solidarity response plans.


### 5. a member state proposing solidarity contributions set out in article 51(3)(b)(ii) , may request a deduction of 10% of its share calculated according to the distribution key set out in article 54 where it indicates in the solidarity response plans that over the preceding five years it has examined twice the union average per capita of applications for international protection. ### deleted


### article 54 ### deleted


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


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


### 2. where a member state commits to provide return sponsorship and the illegally staying third-country nationals who are subject to a return decision issued by the benefitting member state do not return or are not removed within 8 months , the member state providing return sponsorship shall transfer the persons concerned onto its own territory in line with the procedure set out in articles 57 and 58. this period shall start from the adoption of the implementing act referred to in article 53(1) or , where applicable , in article 49(2). ### deleted


### 3. where a member state commits to provide return sponsorship in relation to third-country nationals who are not yet subject to a return decision in the benefitting member state , the period referred to in paragraph 2 shall start to run from either of the following dates: ### deleted


### providing counselling on return and reintegration to illegally staying third-country nationals; ### deleted


### 2. any member state may , at any time , in response to a request for solidarity support by a member state , or on its own initiative , including in agreement with another member state , make contributions by means of the measures referred to in article 45 for the benefit of the member state concerned and with its agreement. contributions referred to in article 45 , point (d) shall be in accordance with the objectives of regulation (eu) xxx/xxx [asylum migration fund]. ### 2. any member state may , at any time , in response to a request for solidarity support by a member state , or on its own initiative , including in agreement with another member state , make contributions by means of the measures referred to in article 45 for the benefit of the member state concerned and with its agreement.


### 3. member states which have contributed or plan to contribute with solidarity contributions in response to a request for solidarity support by a member state , or on its own initiative , shall notify the commission , thereof by completing the solidarity support plan form set out in annex iv. the solidarity response plan shall include , where relevant , verifiable information , including on the scope and nature of the measures and their implementation. ### 3. member states which have contributed or plan to contribute in response to a request for solidarity support by a member state , or on its own initiative , shall notify the commission thereof.


### 1. the procedure set out in this article shall apply to: ### 1. the procedure set out in this article shall apply to persons referred to in article 45(1) point (c). relocation under this article should always be voluntary by the relocating member state and may only concern persons who were already granted international protection. in the event of a security risk at any stage of the relocation process , the member state of relocation may at any time refuse to relocate of that person.


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


### 3. where relocation is to be applied , the benefitting member state shall identify the persons who could be relocated. where the person concerned is an applicant for or a beneficiary of international protection , that member state shall take into account , where applicable , the existence of meaningful links between the person concerned and the member state of relocation. where the identified person to be relocated is a beneficiary for international protection , the person concerned shall be relocated only after that person consented to relocation in writing. ### 3. where relocation to third country partner state reception centres is to be applied , the benefitting member state shall identify the persons who could be relocated to third country partner state reception centres. where the person concerned is an applicant for or a beneficiary of international protection , the hosting third country partner state shall by way of agreement with one or multiple member state(s) take into account the existence of meaningful links between the person concerned and the culture , language and religion of the partner state providing reception centre capacity. for the purposes of this regulation only member states are competent to specify whether or not the consent of the beneficiary of international protection to be relocated to a third country reception centre is required , and to legislate to this effect if necessary.


### 3. where relocation is to be applied , the benefitting member state shall identify the persons who could be relocated. where the person concerned is an applicant for or a beneficiary of international protection , that member state shall take into account , where applicable , the existence of meaningful links between the person concerned and the member state of relocation. where the identified person to be relocated is a beneficiary for international protection , the person concerned shall be relocated only after that person consented to relocation in writing. ### 3. where relocation is to be applied , the benefitting member state shall identify the persons who could be relocated. where the person concerned is an applicant for or a beneficiary of international protection , that member state shall take into account , where applicable , the existence of meaningful links between the person concerned and the member state of relocation.


### 3. where relocation is to be applied , the benefitting member state shall identify the persons who could be relocated. where the person concerned is an applicant for or a beneficiary of international protection , that member state shall take into account , where applicable , the existence of meaningful links between the person concerned and the member state of relocation. where the identified person to be relocated is a beneficiary for international protection , the person concerned shall be relocated only after that person consented to relocation in writing. ### 3. relocation may only apply if the concerned person is already a beneficiary for international protection. where relocation is to be applied , the benefitting member state shall identify the persons who could be relocated. the person concerned shall be relocated only after the contributing member state as well as that person consented to the relocation in writing


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


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


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


### 6. the member state of relocation shall examine the information transmitted by the benefitting member state pursuant to paragraph 5 , and verify that there are no reasonable grounds to consider the person concerned a danger to its national security or public order. ### 6. the member state of relocation shall examine the information transmitted by the benefitting member state pursuant to paragraph 5 , and verify that there are no reasonable grounds to consider the person concerned a danger to its national security or public order as well as for the whole of the eu. for this , the member state may carry out a personal interview prior to relocation if any security concern occurs regarding the person concerned.


### 2. where the member state of relocation has relocated an applicant for whom the member state responsible has not yet been determined , that member state shall apply the procedures set out in part iii , with the exception of article 8(2) , article 9(1) and (2) , article 15(5) , and article 21(1) and (2). ### deleted


### 3. where the member state of relocation has relocated an applicant for whom the benefitting member state had previously been determined as responsible on other grounds than the criteria referred to in article 57(3) third subparagraph , the responsibility for examining the application for international protection shall be transferred to the member state of relocation. ### deleted


### 4. where the member state of relocation has relocated a beneficiary for international protection , the member state of relocation shall automatically grant international protection status respecting the respective status granted by the benefitting member state. ### 4. having relocated a beneficiary for international protection voluntarily , the member state of relocation shall grant international protection status respecting the respective status granted by the benefitting member state.


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


### funding support following relocation pursuant to chapters i and ii of part iv shall be implemented in accordance with article 17 of regulation (eu) xxx/xxx [asylum and migration fund]. ### funding support should be made available from the union budget for all forms of solidarity contributions by member states , including the financing of physical barriers at the external borders of the eu.


### article 71 ### deleted


### with regard to beneficiaries of international protection , the required period of legal and continuous residence shall be three years. ### with regard to beneficiaries of international protection , the required period of legal and continuous residence shall be five years.


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


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


### (31) a distribution key based on the size of the population and of the economy of the member states should be applied as a point of reference for the operation of the solidarity mechanism enabling the determination of the overall contribution of each member state. ### deleted


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


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


### (34) it is appropriate that a clear and workable method for determining the member state responsible for the examination of an application for international protection should be included in the common european asylum system40 . that method should be based on objective , fair criteria both for the member states and for the persons concerned. it should , in particular , make it possible to determine rapidly the member state responsible , so as to guarantee effective access to the procedures for granting international protection and not to compromise the objective of the rapid processing of applications for international protection. ### deleted


### (34) it is appropriate that a clear and workable method for determining the member state responsible for the examination of an application for international protection should be included in the common european asylum system40 . that method should be based on objective , fair criteria both for the member states and for the persons concerned. it should , in particular , make it possible to determine rapidly the member state responsible , so as to guarantee effective access to the procedures for granting international protection and not to compromise the objective of the rapid processing of applications for international protection. ### (34) a clear and workable method for determining the member state responsible for the examination of an application for international protection is already established by regulation (eu) no 604/2013 , and the european union and member states should at all times , especially during times of crisis , respect the rule of law.


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


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


### (36) this regulation should apply to applicants for subsidiary protection and persons eligible for subsidiary protection in order to ensure equal treatment for all applicants and beneficiaries of international protection , and consistency with the current union asylum acquis , in particular with regulation (eu) xxx/xxx [qualification regulation]. ### deleted


### (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. ### 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) in order to limit unauthorised movements and to ensure that the member states have the necessary tools to ensure transfers , all third country nationals with no legal rights to enter or stay in the member states should be detained until they can be returned to their country of origin or transferred to an asylum center in a third country.


### (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. ### deleted


### (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) beneficiaries of international protection should be able to obtain long-term resident status in the member state which granted them international protection after five 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. ### deleted


### (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 an important consideration of member states , this entails a swift reunification with their family and/or representative in or near their home country.


### (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 , 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. however , special attention should be made to ensure that such special guarantees are not abused.


### (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 the safety of the member states citizens , their family life and their european way of life , as well as for right to self-determination of the peoples of the member states , should be the primary considerations 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 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 family life should be a primary consideration of member states when applying this regulation. however , special attention should be taken that the provisions ensuring the respect for family life are not abused.


### (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 free to travel within the eu , they should be promptly apprehended by the member state concerned and placed in a high security facility awaiting deportation to their home country.


### (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. ### deleted


### (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 only when the applicant is a minor under the age of 14.


### (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 is recommended to include one legal spouse and the children (biological or adopted) , at the discretion of each member state.


### (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. ### deleted


### (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. ### deleted


### (50) where persons are in possession of a diploma or other qualification , the member state where the diploma was issued should be responsible for examining their application. this would ensure a swift examination of the application in the member state with which the applicant has meaningful links based on such a diploma. ### deleted


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


### (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 responsible if the person applies for international protection. ### (51) considering that it is also necessary to include the situation when the person enters the territory following a search and rescue operation. in such a situation , the member state of relocation should be responsible if the person applies for international protection.


### (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) considering that a member state should remain responsible for a person who has illegally entered its territory , it is also necessary to include the situation when the person enters the territory illegally following an operation by states or third parties at sea due to coercion from the illegal migrants and/or smugglers.


### (52) any member state should be able to derogate from the responsibility criteria in particular on humanitarian and compassionate grounds , in order to bring together family members , relatives or any other family relations and examine an application for international protection registered with it or with another member state , even if such examination is not its responsibility under the binding criteria laid down in this regulation. ### deleted


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


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


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


### (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 citizens of the member states it is proposed that the member state concerned ensures that all third country nationals who illegally enter are detained in safe facilities awaiting their removal from the member state.


### (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. ### deleted


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


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


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


### (60) deficiencies in , or the collapse of , asylum systems , often aggravated or contributed to by particular pressures on them , can jeopardise the smooth functioning of the system put in place under this regulation , which could lead to a risk of a violation of the rights of applicants as set out in the union asylum acquis and the charter of fundamental rights of the european union , other international human rights and refugee rights. ### deleted


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


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


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


### (63) to support member states who undertake relocation as a solidarity measure , financial support from the union budget should be provided. in order to incentivise member states to give priority to the relocation of unaccompanied minors a higher incentive contribution should be provided. ### (63) to support member states who experience large volumes of illegal border crossings , other member states may , if they so wish , support with funds , personnel or material the effort to stop illegal migration and asylum fraud.


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


### (64) the application of this regulation can be facilitated , and its effectiveness increased , by bilateral arrangements between member states for improving communication between competent departments , reducing time limits for procedures or simplifying the processing of take charge requests or take back notifications , or establishing procedures for the performance of transfers. ### (64) the application of this regulation can be facilitated , and its effectiveness increased , by bilateral or multilateral arrangements between member states , or the european union , and third country partner states establishing the ways in which reception centres are operated , funded and governed in the third country partner state.


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


### (65) continuity between the system for determining the member state responsible established by regulation (eu) no 604/2013 and the system established by this regulation should be ensured. similarly , consistency should be ensured between this regulation and regulation (eu) xxx/xxx [eurodac regulation]. ### deleted


### (66) a network of competent member state authorities should be set up and facilitated by the european union agency for asylum to enhance practical cooperation and information sharing on all matters related to the application of this regulation , including the development of practical tools and guidance. ### deleted


### (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. ### (68) the operation of the visa information system , as established by regulation (ec) no 767/2008 of the european parliament and of the council46 should facilitate the important work of securing the borders for the member states.


### (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 primarily to their own citizens to ensure rule of law , a safe and secure environment , protection of their culture and the european way of life under instruments of international law , including the relevant case-law of the european court of human rights.


### (71) in order to ensure uniform conditions for the implementation of this regulation , implementing powers should be conferred on the commission. those powers should be exercised in accordance with regulation (eu) no 182/2011 of the european parliament and of the council48 . ### deleted


### (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. ### deleted


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


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


### (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 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 self-determination of the citizens of the member states , as well as their right to a secure and safe environment and the preservation of their cultures and way of life.


### (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. ### deleted


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


### (79) in accordance with articles 1 and 2 of protocol no 22 on the position of denmark annexed to the teu and to the tfeu , denmark is not taking part in the adoption of this regulation and is not bound by it or subject to its application. given that parts iii , v and vii of this regulation constitute amendments within the meaning of article 3 of the agreement concluded between the european community and the kingdom of denmark on the criteria and mechanisms for establishing the state responsible for examining a request for asylum lodged in denmark or any other member state of the european union and ‘eurodac’ for the comparison of fingerprints for the effective application of the dublin convention49 , denmark has to notify the commission of its decision whether or not to implement the content of such amendments at the time of the adoption of the amendments or within 30 days hereafter. ### (79) in accordance with articles 1 and 2 of protocol no 22 on the position of denmark annexed to the teu and to the tfeu , denmark is not taking part in the adoption of this regulation and is not bound by it or subject to its application. given that parts iii , v and vii of this regulation constitute amendments within the meaning of article 3 of the agreement concluded between the european community and the kingdom of denmark on the criteria and mechanisms for establishing the state responsible for examining a request for asylum lodged in denmark or any other member state of the european union and ‘eurodac’ for the comparison of fingerprints for the effective application of the dublin convention49 , denmark has to notify the commission of its decision whether or not to implement the content of such amendments at the time of the adoption of the amendments or within 30 days hereafter. the same shall apply to any other member state with a derogation from title v of part three of the treaty on the functioning of the european union.


### 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. for the purposes of this regulation , the situation of a minor who is accompanying the applicant and meets the definition of family member shall be indissociable from that of his or her family member and the minor shall be taken charge of or taken back by the member state responsible for examining the application for international protection of that family member , even if the minor is not individually an applicant , unless it is demonstrated that this is not in the best interests of the child. the same principle shall be applied to children born after the applicant arrives on the territory of the member states , without the need to initiate a new procedure for taking charge of them. ### 2. for the purposes of this regulation , the situation of a minor or child who is accompanying the applicant and meets the definition of family member shall be indissociable from that of his or her family member and the minor or child shall be taken charge of or taken back by the member state responsible for examining the application for international protection of that family member , even if the minor is not individually an applicant , unless it is demonstrated that this is not in the best interests of the child. the same principle shall be applied to children born after the applicant arrives on the territory of the member states , without the need to initiate a new procedure for taking charge of them.


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


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


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


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


### 4. an applicant who is present in another member state without a residence document or who there makes an application for international protection during the process of determining the member state responsible , shall be taken back , under the conditions laid down in articles 31 and 35 , by the member state with which that application was first registered. ### 4. an applicant who is present in another member state without a residence document can be returned to his or her country of origin. freedom of movement within the eu does not apply to applicants for asylum.


### that obligation shall cease where the member state determining the member state responsible can establish that the applicant has obtained a residence document from another member state. ### deleted


### 5. an applicant who is present in a member state without a residence document or who there makes an application for international protection after another member state has confirmed to relocate the person concerned pursuant to article 57(7) , and before the transfer has been carried out to that member state pursuant to article 57(9) , shall be taken back , under the conditions laid down in articles 31 and 35 , by the member state of relocation. ### deleted


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


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


### 3. in the cases referred to in paragraphs 1 and 2 , the take charge request by another member state shall be made using a standard form and including proof or circumstantial evidence as described in the two lists referred to in article 30(4) and/or relevant elements from the applicant’s statement , enabling the authorities of the requested member state to check whether it is responsible on the basis of the criteria laid down in this regulation. ### 3. in the cases referred to in paragraphs 1 and 2 ,the take charge request by another member state shall be made using a standard form and including documents confirming the identity of the applicant as well as proof or circumstantial evidence as described in the two lists referred to in article 30(4) and/or relevant elements from the applicant’s statement , enabling the authorities of the requested member state to check whether it is responsible on the basis of the criteria laid down in this regulation.


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


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


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


### 1. in a situation referred to in article 26(1) , point (b) , (c) or (d) the member state where the person is present shall make a take back notification without delay and in any event within two weeks after receiving the eurodac hit. ### 1. in a situation referred to in article 26(1) , point (b) , 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 confirm receipt of the request to the member state which made the request within one week , unless the requested member state can demonstrate within that time limit that its responsibility has ceased pursuant to article 27. the requested member state shall have the right to reply to the request and explain its reasons.


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


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


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


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


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


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


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


### 1. member states shall not hold a person in detention for the sole reason that he or she is subject to the procedure established by this regulation. ### 1. member states other than the member state of first entry shall not hold a person in detention for the sole reason that he or she is subject to the procedure established by this regulation.


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


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


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


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


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


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


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


### 1. for the sole purpose of the provision of medical care or treatment , in particular concerning disabled persons , elderly people , pregnant women , minors and persons who have been subject to torture , rape or other serious forms of psychological , physical and sexual violence , the transferring member state shall , in so far as it is available to the competent authority in accordance with national law , transmit to the member state responsible information on any special needs of the person to be transferred , which in specific cases may include information on that person’s physical or mental health. that information shall be transferred in a common health certificate with the necessary documents attached. the member state responsible shall ensure that those special needs are adequately addressed , including in particular any essential medical care that may be required. ### 1. for the sole purpose of the provision of medical care or treatment , in particular concerning disabled persons , elderly people , pregnant women , minors , children and persons who have been subject to torture , rape or other serious forms of psychological , physical and sexual violence , the transferring member state shall , in so far as it is available to the competent authority in accordance with national law , transmit to the member state responsible information on any special needs of the person to be transferred , which in specific cases may include information on that person’s physical or mental health. that information shall be transferred in a common health certificate with the necessary documents attached. the member state responsible shall ensure that those special needs are adequately addressed , including in particular any essential medical care that may be required.


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


### a. whereas the eu facility for refugees in turkey (frt) was created in 2016 in the framework of the eu-turkey statement and manages eur 6 billion; whereas human rights violations have taken place under this agreement which are incompatible with the eu charter of fundamental rights; ### a. whereas the eu facility for refugees in turkey (frt) was created in 2016 in the framework of the eu-turkey statement and manages eur 6 billion in order to better manage migration flows , save lives of migrants and refugees at sea and tackle irregular migration and trafficking; whereas the frt was created as a result of unprecedented influx of over 1 million people arriving in the eu illegally in 2015;


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


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


### b. whereas the eu emergency trust fund for stability and addressing root causes of irregular migration and displaced persons in africa (eutf) was established in 2015; whereas the eutf makes predominant use (90 %) of official development assistance; whereas it became the main financial instrument for the eu’s political engagement with african partners in the field of migration; whereas the eutf has funded over 500 projects in more than 25 countries in africa for a total of over eur 4.8 billion; whereas the eutf has raised concerns about contributing to inhumane and degrading treatment and/or financing actors that have committed human rights violations , such as in libya , eritrea and sudan; ### b. whereas the eu emergency trust fund for stability and addressing root causes of irregular migration and displaced persons in africa (eutf) in particular by strengthening the rule of law , creating economic and education opportunities , and building better governance , and the effective sustainable return , readmission and reintegration of irregular migrants not qualifying for protection; whereas the eutf makes predominant use (90 %) of official development assistance; whereas it became the main financial instrument for the eu’s political engagement with african partners in the field of migration; whereas the eutf has funded over 500 projects in more than 25 countries in africa for a total of over eur 4.8 billion;


### 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 about the governance of the eutf: the composition of its board and regional operational committees and the opacity of the process for approving projects.


### 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 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 institutional dialogue on the eu level;