### c. whereas a rising number of organised crime groups are active in the eu , often with cross-border reach; whereas the phenomenon is increasingly complex with new criminal markets and new ways of operating that are emerging due to globalisation and new technologies; ### c. whereas a rising number of organised crime groups are active in the eu , often with cross-border reach; whereas the phenomenon is increasingly complex with new criminal markets and new ways of operating that are emerging due to globalisation and new technologies; whereas mafia-style organisations are particularly active in their attempts to intercept eu funds in various member states;


### d. whereas technology brings new detection and monitoring capabilities , reducing the burden on investigators and enabling the design of smarter enforcement measures; ### d. whereas technology brings new detection and monitoring capabilities , making the action of investigators more effective and enabling the design of smarter enforcement measures;


### 2. notes that value-added tax (vat) fraud is another major component of revenue fraud; is concerned by the fact that criminal groups have been proven to exchange knowledge , information and intelligence in the area of vat fraud; ### 2. notes that value-added tax (vat) fraud is another major component of revenue fraud; points out that one of the sectors most at risk is the fuel sector , where criminal networks abuse vat exemption rules and price differences among different types of fuel , resulting in huge losses of tax revenue; is concerned by the fact that criminal groups have been proven to exchange knowledge , information and intelligence in the area of vat fraud;


### 3. expresses its regret that subsidies are an area affected by fraud on the expenditure side of the union budget; notes that subsidy fraud happens in many areas of eu spending , such as agriculture policy , cohesion policy , research and development and environmental policy; points out that many such fraudulent activities are carried out by organised crime gangs; ### 3. expresses its regret that subsidies are an area affected by fraud on the expenditure side of the union budget; notes that subsidy fraud happens in many areas of eu spending , such as agriculture policy , cohesion policy , research and development and environmental policy; points out that many such fraudulent activities are carried out by organised crime gangs , including mafia-style gangs;


### 4. takes note of the special impact of organised crime in the misuse of common agricultural policy (cap) funds; reiterates its concern that the current structure of cap subsidies incentivises land grabbing by criminal and oligarchical structures; stresses that limited transparency in combination with corruption enables criminal organisations to keep their actions out of sight and prevent eu funding from reaching its intended beneficiaries; reiterates that the development of proper union-level legal instruments against land grabbing and the enabling effective information sharing are crucial in this regard; ### 4. takes note of the special impact of organised crime in the misuse of common agricultural policy (cap) funds; reiterates its concern that the current structure of cap subsidies incentivises land grabbing by criminal and oligarchical structures; stresses that limited transparency in combination with corruption enables criminal organisations to keep their actions out of sight and prevent eu funding from reaching its intended beneficiaries; reiterates that the development of proper union-level legal instruments against land grabbing and the enabling effective information sharing are crucial in this regard; points to the need for greater scrutiny by the commission or the relevant agencies , including with regard to livestock , with particular reference to the funds granted per head of cattle , whose actual existence must be properly verified;


### 5. notes with concern that the commission and olaf have identified fraud in public tenders and procurement as a major trend among fraudsters; points out that fraud schemes often take place on a transnational level and can span several (eu and non-eu) countries , making them difficult to identify and dissolve; ### 5. notes with concern that the commission and olaf have identified fraud in public tenders and procurement as a major trend among fraudsters; regrets that in many member states there is no specific legislation against organised crime in the face of fraud schemes which often take place on a transnational level and can span several (eu and non-eu) countries , making them difficult to identify and dissolve;


### 6. notes that the covid-19 pandemic creates new opportunities for fraudsters and organised crime; notes with concern that europol observed a rise in coronavirus-related criminal activities in the form of cybercrime , fraud and counterfeiting; recalls the scams and fake offers of vaccines detected by eu countries , as one of many harmful examples , where fraudsters tried to sell more than 1.1 billion vaccine doses for a total price of over eur 15.4 billion; ### 6. notes that the covid-19 pandemic creates new opportunities for fraudsters and organised crime; notes with concern that europol observed a rise in coronavirus-related criminal activities in the form of cybercrime , fraud and counterfeiting , including that of medical equipment and personal protective equipment (ppe); recalls the scams and fake offers of vaccines detected by eu countries , as one of many harmful examples , where fraudsters tried to sell more than 1.1 billion vaccine doses for a total price of over eur 15.4 billion;


### 9. takes note with concern of the facilitators of organised crime , such as money laundering , cybercrime , document fraud , corruption and the use of shell companies; stresses that these actions impact on the authorities’ ability to effectively monitor whether eu money is spent as intended; ### 9. takes note with concern of the facilitators of organised crime , such as money laundering , cybercrime , document fraud , corruption , fake registration and the use of shell companies; stresses that these actions impact on the authorities’ ability to effectively monitor whether eu money is spent as intended;


### 16. welcomes the establishment of the european public prosecutor’s office (eppo) , with its mandate to investigate , prosecute and bring to judgment crimes against the eu budget , as an important asset in the fight against fraud and organised crime in the eu; calls for effective funding for the eppo; regrets that five member states have not yet joined the eppo; regrets the lack of nominations of european delegated prosecutors , in particular by slovenia , and considerable delays in many other member states; highlights that this may represent a substantial hindrance in the eppo’s effective fight against cross-border crime; ### 16. welcomes the establishment of the european public prosecutor’s office (eppo) , with its mandate to investigate , prosecute and bring to judgment crimes against the eu budget , as an important asset in the fight against fraud and organised crime in the eu; calls for effective funding for the eppo; regrets that five member states have not yet joined the eppo and for those countries calls for greater oversight on the part of the commission; regrets the lack of nominations of european delegated prosecutors , in particular by slovenia , and considerable delays in many other member states; highlights that this may represent a substantial hindrance in the eppo’s effective fight against cross-border crime;


### 20. notes that although the commission has encouraged member states to develop national anti-fraud strategies (nafs) , only 13 member states have done so and none of them used the template provided by the commission; notes with concern that these differences across member states pose obstacles for efficient cooperation; ### 20. notes that although the commission has encouraged member states to develop national anti-fraud strategies (nafs) , only 13 member states have done so and none of them used the template provided by the commission; notes with concern that these differences across member states pose obstacles for efficient cooperation; calls , therefore , on the commission to take more resolute action with a view to making it mandatory for the member states to lay down rules to prevent fraud against the eu;


### 25. highlights that an important step in fighting organised crime is making it less profitable; recalls in this regard the work of olaf , whose investigations are a crucial tool in the fight against fraud; regrets that the indictment rate following recommendations by olaf to member states is low and follows a downward trend , as it decreased from 53 % in the 2007-2014 period to 37 % in the 2016-2020 period; further notes that the extent to which financial amounts recommended for recovery are actually recovered has not been assessed in recent years , and that the most recent assessment covering the years 2002 to 2016 indicates a recovery rate of 30 %; calls on olaf and the commission to investigate the underlying reasons and on the member states to cooperate closely with the union bodies , to ensure that funds misused by organised crime are effectively recovered; ### 25. highlights that an important step in fighting organised crime is making it less profitable; recalls in this regard the work of olaf , whose investigations are a crucial tool in the fight against fraud; regrets that the indictment rate following recommendations by olaf to member states is low and follows a downward trend , as it decreased from 53 % in the 2007-2014 period to 37 % in the 2016-2020 period; further notes that the extent to which financial amounts recommended for recovery are actually recovered has not been assessed in recent years , and that the most recent assessment covering the years 2002 to 2016 indicates a recovery rate of 30 %; calls on olaf and the commission to investigate the underlying reasons and on the member states to cooperate closely with the union bodies , to ensure that funds misused by organised crime are effectively recovered; takes the view that decisive action to recover funds , including through preventive or value-based seizures , can deter criminal organisations from committing fraud against the european union , thereby protecting its financial interests;


### 1. member states shall examine any application for international protection by a third-country national or a stateless person who applies on the territory of any one of them , including at the border or in the transit zones. the application shall be examined by a single member state , which shall be the one which the criteria set out in chapter ii of part iii indicate is responsible. ### 1. member states are not obliged to examine any applications for international protection from third-country nationals or stateless persons who have entered the territory of member states illegally or through a safe country.


### 1. member states shall examine any application for international protection by a third-country national or a stateless person who applies on the territory of any one of them , including at the border or in the transit zones. the application shall be examined by a single member state , which shall be the one which the criteria set out in chapter ii of part iii indicate is responsible. ### 1. only a member state is competent to decide and examine any application for international protection by a third-country national and it shall be done in line with that particular member state's laws and policies with no interference from the commission , the european parliament or any other eu institution.


### 2. where no member state responsible can be designated on the basis of the criteria listed in this regulation , the first member state in which the application for international protection was registered shall be responsible for examining it. ### deleted


### 2. where no member state responsible can be designated on the basis of the criteria listed in this regulation , the first member state in which the application for international protection was registered shall be responsible for examining it. ### 2. the first member state in which the application for international protection was registered shall be responsible for examining it.


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


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


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


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


### where the security check carried out in accordance with article 11 of regulation (eu) xxx/xxx [screening regulation] or in accordance with the first and second subparagraphs of this paragraph shows that there are reasonable grounds to consider the applicant a danger to national security or public order of the member state carrying out the security check , that member state shall be the member state responsible. ### where the security check carried out in accordance with article 11 of regulation (eu) xxx/xxx [screening regulation] or in accordance with the first and second subparagraphs of this paragraph shows that there are reasonable grounds to consider the applicant a danger to national security or public order of the member state carrying out the security check , that member state may return the applicant to the country of origin without delay.


### 5. each member state shall retain the right to send an applicant to a safe third country , subject to the rules and safeguards laid down in regulation (eu) xxx/xxx [asylum procedure regulation]. ### 5. each member state shall retain the right to send an applicant to a third country , including for the purposes of processing the application for international protection at a third country reception centre and facilitating , for those granted , international protection in the third country partner state.


### 5. each member state shall retain the right to send an applicant to a safe third country , subject to the rules and safeguards laid down in regulation (eu) xxx/xxx [asylum procedure regulation]. ### 5. each member state shall retain the right to send an applicant to a safe third country , if he or she has entered the territory of any member state illegally or by using force , as well as under regulation (eu) xxx/xxx [asylum procedure regulation].


### 1. where a third-country national or stateless person intends to make an application for international protection , the application shall be made and registered in the member state of first entry. ### 1. where a third-country national or stateless person intends , after legally entering the territory of a member state of the union , to make an application for asylum , the application shall be made and registered in the member state of first entry.


### 1. where a third-country national or stateless person intends to make an application for international protection , the application shall be made and registered in the member state of first entry. ### 1. where a third-country national or stateless person intends to make an application for international protection , the application shall be made and registered in the member state where the applicant is present.


### 2. by derogation from paragraph 1 , where a third-country national or stateless person is in possession of a valid residence permit or a valid visa , the application shall be made and registered in the member state that issued the residence permit or visa. ### 2. each member state may determine rules pertaining to illegal migrants and/or asylum applicants as they see fit.


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


### 3. the applicant shall fully cooperate with the competent authorities of the member states in matters covered by this regulation , in particular by submitting as soon as possible and at the latest during the interview referred to in article 12 , all the elements and information available to him or her relevant for determining the member state responsible. where the applicant is not in a position at the time of the interview to submit evidence to substantiate the elements and information provided , the competent authority may set a time limit within the period referred to in article 29(1) for submitting such evidence. ### 3. the applicant shall fully cooperate with the competent authorities of the member states in matters covered by this regulation , in particular by submitting as soon as possible and at the latest during the interview referred to in article 12 , all the elements and information available to him or her relevant for processing his or her application.


### 3. the applicant shall fully cooperate with the competent authorities of the member states in matters covered by this regulation , in particular by submitting as soon as possible and at the latest during the interview referred to in article 12 , all the elements and information available to him or her relevant for determining the member state responsible. where the applicant is not in a position at the time of the interview to submit evidence to substantiate the elements and information provided , the competent authority may set a time limit within the period referred to in article 29(1) for submitting such evidence. ### 3. the applicant shall fully cooperate with the competent authorities of the member states in matters covered by this regulation , in particular by submitting as soon as possible and at the latest during the interview referred to in article 12 , all the elements and information available to him or her relevant for determining the member state responsible. where the applicant is not in a position at the time of the interview to submit evidence to substantiate the elements and information provided , the competent authority may set a time limit within the period referred to in article 29(1) for submitting such evidence. the applicant shall fully cooperate in the recording of his or her biometric data.


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


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


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


### that the right to apply for international protection does not encompass a choice by the applicant in relation to either the member state responsible for examining the application for international protection or the member state of relocation; ### that the right to apply for international protection does not encompass a choice by the applicant in relation to the member state responsible for examining the application for international protection;


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


### where applicable , of the relocation procedure set out in articles 57 and 58. ### deleted


### 2. the information referred to in paragraph 1 shall be provided in writing in a language that the applicant understands or is reasonably supposed to understand. member states shall use the common information material drawn up in clear and plain language pursuant to paragraph 3 for that purpose. ### deleted


### 1. in order to facilitate the process of determining the member state responsible , the determining member state shall conduct a personal interview with the applicant. the interview shall also allow the proper understanding of the information supplied to the applicant in accordance with article 11. ### 1. in order to facilitate the process of determining the member state responsible , the member state of first entry shall conduct a personal interview with the applicant. the interview shall also allow the proper understanding of the information supplied to the applicant in accordance with article 11.


### 3. the personal interview shall take place in a timely manner and , in any event , before any take charge request is made pursuant to article 29. ### 3. the personal interview shall take place immediately and close to where the applicant entered the territory of a member state.


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


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


### guarantees for minors ### guarantees for minors and children


### 1. the best interests of the child shall be a primary consideration for member states with respect to all procedures provided for in this regulation. ### 1. the best interests of the child and minor shall be an important consideration for member states with respect to all procedures provided for in this regulation , as long as the minor did not engage in acts of violence towards other persons or property in the member state(s). if such violent acts are committed , any special treatment due to age might be revoked at the discretion of the responsible member state.


### 2. each member state where an unaccompanied minor is present shall ensure that he or she is represented and assisted by a representative with respect to the relevant procedures provided for in this regulation. the representative shall have the qualifications , training and expertise to ensure that the best interests of the minor are taken into consideration during the procedures carried out under this regulation. such representative shall have access to the content of the relevant documents in the applicant’s file including the specific information material for unaccompanied minors. ### 2. each member state where an unaccompanied child is present shall ensure that he or she is represented and assisted by a representative with respect to the relevant procedures provided for in this regulation. the representative shall have the qualifications , training and expertise to ensure that the best interests of the minor are taken into consideration during the procedures carried out under this regulation. such representative shall have access to the content of the relevant documents in the applicant’s file including the specific information material for unaccompanied children


### where an organisation is appointed as a representative , it shall designate a person responsible for carrying out its duties in respect of the minor. the first subparagraph shall apply to that person. ### where an organisation is appointed as a representative , it shall designate a person responsible for carrying out its duties in respect of the child. the first subparagraph shall apply to that person.


### 3. the representative of an unaccompanied minor shall be involved in the process of establishing the member state responsible under this regulation. the representative shall assist the unaccompanied minor to provide information relevant to the assessment of his or her best interests in accordance with paragraph 4 , including the exercise of the right to be heard , and shall support his or her engagement with other actors , such as family tracing organisations , where appropriate for that purpose. ### 3. the representative shall assist the unaccompanied minor to provide information relevant to the assessment of his or her best interests in accordance with paragraph 4 , including the exercise of the right to be heard , and shall support his or her engagement with other actors , such as family tracing organisations , where appropriate for that purpose.


### 3. the representative of an unaccompanied minor shall be involved in the process of establishing the member state responsible under this regulation. the representative shall assist the unaccompanied minor to provide information relevant to the assessment of his or her best interests in accordance with paragraph 4 , including the exercise of the right to be heard , and shall support his or her engagement with other actors , such as family tracing organisations , where appropriate for that purpose. ### 3. the representative of an unaccompanied child shall be involved in the process of establishing the member state responsible under this regulation. the representative shall assist the unaccompanied child to provide information relevant to the assessment of his or her best interests in accordance with paragraph 4 , including the exercise of the right to be heard , and shall support his or her engagement with other actors , such as family tracing organisations , where appropriate for that purpose.


### the minor’s well-being and social development , taking into particular consideration the minor’s background; ### the child’s well-being and social development , taking into particular consideration the child’s background;


### safety and security considerations , in particular where there is a risk of the minor being a victim of any form of violence and exploitation , including trafficking in human beings; ### safety and security considerations , in particular where there is a risk of the minor or child being a victim of any form of violence and exploitation , including trafficking in human beings;


### the views of the minor , in accordance with his or her age and maturity; ### the views of the minor or child , in accordance with his or her age and maturity;


### where the applicant is an unaccompanied minor , the information provided by the representative in the member state where the unaccompanied minor is present. ### where the applicant is an unaccompanied child , the information provided by the representative in the member state where the unaccompanied child is present.


### 5. before transferring an unaccompanied minor to the member state responsible or , where applicable , to the member state of relocation , the transferring member state shall make sure that the member state responsible or the member state of relocation takes the measures referred to in articles 14 and 23 of directive xxx/xxx/eu [reception conditions directive] and article 22 of regulation (eu) xxx/xxx [asylum procedure regulation] without delay. any decision to transfer an unaccompanied minor shall be preceded by an assessment of his/her best interests. the assessment shall be based on the factors listed in paragraph 4 and the conclusions of the assessment on these factors shall be clearly stated in the transfer decision. the assessment shall be done swiftly by staff with the qualifications and expertise to ensure that the best interests of the minor are taken into consideration. ### deleted


### 5. before transferring an unaccompanied minor to the member state responsible or , where applicable , to the member state of relocation , the transferring member state shall make sure that the member state responsible or the member state of relocation takes the measures referred to in articles 14 and 23 of directive xxx/xxx/eu [reception conditions directive] and article 22 of regulation (eu) xxx/xxx [asylum procedure regulation] without delay. any decision to transfer an unaccompanied minor shall be preceded by an assessment of his/her best interests. the assessment shall be based on the factors listed in paragraph 4 and the conclusions of the assessment on these factors shall be clearly stated in the transfer decision. the assessment shall be done swiftly by staff with the qualifications and expertise to ensure that the best interests of the minor are taken into consideration. ### 5. before transferring an unaccompanied minor to a third country partner state for processing and possible facilitation of international protection , the member state shall make sure that the individual poses no risk to citizens of the member state until he or she has been transferred to a third country reception centre. the assessment shall be done swiftly by staff with the qualifications and expertise to ensure that the best interests of the citizens are taken into consideration.


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


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


### 2. the member state responsible in accordance with the criteria set out in this chapter shall be determined on the basis of the situation obtaining when the application for international protection was first registered with a member state. ### 2. the member state responsible shall be the member state of first entry.


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


### 6. the commission is empowered to adopt delegated acts in accordance with article 68 concerning: ### deleted


### article 16 ### deleted


### article 17 ### deleted


### article 18 ### deleted


### article 19 ### deleted


### 4. where the applicant is in possession of one or more residence documents or one or more visas which expired less than three years before the application was registered , paragraphs 1 , 2 and 3 shall apply. ### 4. where the applicant is in possession of one or more residence documents which expired less than 6 months before the application was registered or one or more visas which expired less than two years before the application was registered , paragraphs 1 , 2 and 3 shall apply.


### 5. the fact that the residence document or visa was issued on the basis of a false or assumed identity or on submission of forged , counterfeit or invalid documents shall not prevent responsibility being allocated to the member state which issued it. however , the member state issuing the residence document or visa shall not be responsible if it can establish that fraud was committed after the document or visa was issued. ### deleted


### article 20 ### deleted


### article 21 ### deleted


### 1. where it is established , on the basis of proof or circumstantial evidence as described in the two lists referred to in article 30(4) of this regulation , including the data referred to in regulation (eu) xxx/xxx [eurodac regulation] , that an applicant has irregularly crossed the border into a member state by land , sea or air having come from a third country , the first member state thus entered shall be responsible for examining the application for international protection. that responsibility shall cease if the application is registered more than 3 years after the date on which that border crossing took place. ### 1. where it is established , on the basis of proof or circumstantial evidence as described in the two lists referred to in article 30(4) of this regulation , including the data referred to in regulation (eu) xxx/xxx [eurodac regulation] , that an applicant has illegally crossed the border into a member state by land , sea or air having come from a third country , the applicant can be returned to the third country in question or the applicant's country of origin. member states are under no obligation to consider an application for asylum where the applicant illegally entered the member state in question.


### 3. paragraphs 1 and 2 shall not apply if it can be established , on the basis of proof or circumstantial evidence as described in the two lists referred to in article 30(4) of this regulation , including the data referred to in regulation (eu) xxx/xxx [eurodac regulation] , that the applicant was relocated pursuant to article 57 of this regulation to another member state after having crossed the border. in that case , that other member state shall be responsible for examining the application for international protection. ### deleted


### article 22 ### deleted


### in accordance with the principle of solidarity and fair sharing of responsibility , and with the objective of reinforcing mutual trust , this regulation: ### acknowledging the sovereignty of the member states , and in accordance with the duty of every member state to protect its citizens and defend their freedom of movement under article 45 tfeu , this regulation:


### sets out a common framework for the management of asylum and migration in the union; ### sets out a framework for the management of asylum applications in the union and the prevention of illegal migration to the union;


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


### establishes a mechanism for solidarity; ### establishes a mechanism for voluntary solidarity;


### lays down the criteria and mechanisms for determining the member state responsible for examining an application for international protection. ### determines that the member state responsible for examining an application for international protection is ordinarily the member state of first entry; provides guidelines for commission support , if requested by a member state , by ensuring that all funds allocated are used to prevent illegal mass-migration; facilitates the prompt return of illegal migrants.


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


### ‘application for international protection’ or ‘application’ means a request for protection made to a member state by a third-country national or a stateless person , who can be understood as seeking refugee status or subsidiary protection status; ### ‘application for international protection’ or ‘application’ means a request for protection made to a member state by a third-country national or a stateless person , who can be understood as seeking refugee status , or a person seeking subsidiary protection status but only in cases where protection could not be granted in the region , 'international protection' as defined in this regulation does not include humanitarian visas issued by a member state on a discretionary basis;


### ‘applicant’ means a third-country national or a stateless person who has made an application for international protection in respect of which a decision has not been taken , or has been taken and is either subject to or can still be subject to a remedy in the member state concerned , irrespective of whether the applicant has a right to remain or is allowed to remain in accordance with regulation (eu) xxx/xxx [asylum procedure regulation] , including a person who has been granted immediate protection pursuant to regulation (eu) xxx/xxx [regulation addressing situations of crisis and force majeure in the field of asylum and migration]; ### ‘applicant’ means a third-country national or a stateless person who has come to the european union directly from a country or territory where their life or freedom was threatened within the meaning of article 1of the 1951 convention relating to the status of refugees (1951 convention) , and who has presented themselves without delay to member state authorities , with an application for international protection in respect of which a decision has not been taken , or has been taken and is either subject to or can still be subject to a remedy. applicants are not to be taken to have presented themselves without delay to the authorities unless —


### ‘applicant’ means a third-country national or a stateless person who has made an application for international protection in respect of which a decision has not been taken , or has been taken and is either subject to or can still be subject to a remedy in the member state concerned , irrespective of whether the applicant has a right to remain or is allowed to remain in accordance with regulation (eu) xxx/xxx [asylum procedure regulation] , including a person who has been granted immediate protection pursuant to regulation (eu) xxx/xxx [regulation addressing situations of crisis and force majeure in the field of asylum and migration]; ### ‘applicant’ means a third-country national or a stateless person who has made an application for international protection without illegally entering a member state , or has been taken and is either subject to or can still be subject to a remedy in the member state concerned , irrespective of whether the applicant has a right to remain or is allowed to remain in accordance with regulation (eu) xxx/xxx [asylum procedure regulation] , including a person who has been granted immediate protection pursuant to regulation (eu) xxx/xxx [regulation addressing situations of crisis and force majeure in the field of asylum and migration];


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


### ‘beneficiary of international protection’ means a third-country national or a stateless person who has been granted international protection as defined in article 2(2) of regulation (eu) xxx/xxx [qualification regulation]; ### ‘beneficiary of international protection’ means a third-country national or a stateless person who has been granted international protection as defined by the respective member state;


### ‘family members’ means , insofar as the family already existed before the applicant or the family member arrived on the territory of the member states , the following members of the applicant’s family who are present on the territory of the member states: ### ‘family members’ means , insofar as the family already existed before the applicant or the family member arrived on the territory of the member states , the following members of the applicant’s family who are present on the territory of the member states , and with whom there is a well-proven family link:


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


### the spouse of the applicant or his or her unmarried partner in a stable relationship , where the law or practice of the member state concerned treats unmarried couples in a way comparable to married couples under its law relating to third-country nationals , ### the spouse of the applicant , only where the country of origin and the member state concerned recognises the marriage in accordance with its national legislation ,


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


### the sibling or siblings of the applicant; ### deleted


### the sibling or siblings of the applicant; ### the sibling or siblings of the applicant provided that the applicant is a minor below the age of 14;


### ‘minor’ means a third-country national or a stateless person below the age of 18 years; ### ‘minor’ means a third-country national or a stateless person below the age of 18 years but over the age of 13;


### ‘representative’ means a person or an organisation appointed by the competent bodies in order to assist and represent an unaccompanied minor in procedures provided for in this regulation with a view to ensuring the best interests of the child and exercising legal capacity for the minor where necessary; ### ‘representative’ means a person or an organisation appointed by the competent bodies in order to assist and represent an unaccompanied minor or child in procedures provided for in this regulation with a view to ensuring the best interests of the child and exercising legal capacity for the minor or child where necessary;


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


### ‘education establishment’ means any type of public or private education or vocational training establishment established in a member state and recognised by that member state or considered as such in accordance with national law or whose courses of study or training are recognised in accordance with national law or administrative practice; ### deleted


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


### ‘absconding’ means the action by which an applicant does not remain available to the competent administrative or judicial authorities , such as by leaving the territory of the member state without authorisation from the competent authorities for reasons which are not beyond the applicant’s control; ### ‘absconding’ means the action by which a person does not remain available to the competent administrative or judicial authorities , such as failure to notify absence from a particular accommodation centre , or assigned area or residence;


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


### ‘contributing member state’ means a member state that contributes or is obliged to contribute to the solidarity measures to a benefitting member state set out in chapters i-iii of part iv of this regulation; ### ‘contributing member state’ means a member state that contributes;


### ‘relocation’ means the transfer of a third-country national or a stateless person from the territory of a benefitting member state to the territory of a contributing member state; ### ‘relocation’ means the transfer of a third-country national or a stateless person to reception centres located in third country partner states , where their application for international protection will be assessed and where it will be realised in accordance with agreements between member states and third country partner states;


### ‘relocation’ means the transfer of a third-country national or a stateless person from the territory of a benefitting member state to the territory of a contributing member state; ### ‘relocation’ means the transfer of a person who was already granted international protection from the territory of a benefitting member state to the territory of a contributing member state with the explicit consent of the contributing member state;


### (aa) ‘illegally staying third-country national’ means a third-country national who does not fulfil or no longer fulfils the conditions of entry as set out in article 6 of regulation (eu) 2016/399 or other conditions for entry , stay or residence in a member state. ### (aa) ‘illegally staying third-country national’ means a third-country national who does not fulfil or no longer fulfils the conditions of entry as set out in article 6 of regulation (eu) 2016/399 or other conditions for entry , stay or residence in a member state , and who must be returned to his or her country of origin without delay.


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


### comprehensive approach to asylum and migration management ### comprehensive approach to asylum and migration


### the union and the member states shall take actions in the field of asylum and migration management on the basis of a comprehensive approach. that comprehensive approach shall address the entirety of the migratory routes that affect asylum and migration management and shall consist of the following components: ### the union and the member states shall take actions in the field of asylum and migration on the basis of a comprehensive approach and with full respect to national competences. that comprehensive approach shall address the entirety of the migratory routes that affect asylum and migration flows to the european union , and shall consist of the following components:


### the union and the member states shall take actions in the field of asylum and migration management on the basis of a comprehensive approach. that comprehensive approach shall address the entirety of the migratory routes that affect asylum and migration management and shall consist of the following components: ### each member state should take firm action to combat illegal migration and to ensure the safe return of all illegal migrants , as well as to support to uphold the sanctity of the institution of asylum by ensuring to end asylum fraud. the support provided shall consist of the following components:


### mutually-beneficial partnerships and close cooperation with relevant third countries , including on legal pathways for third-country nationals in need of international protection and for those otherwise admitted to reside legally in the member states addressing the root causes of irregular migration , supporting partners hosting large numbers of migrants and refugees in need of protection and building their capacities in border , asylum and migration management , preventing and combatting irregular migration and migrant smuggling , and enhancing cooperation on readmission; ### addressing illegal migration with relevant third countries , supporting countries hosting large numbers of migrants and refugees in need of protection and building their capacities in border , asylum and migration management , preventing and combatting illegal migration and migrant trafficking and smuggling , and enhancing cooperation on readmission , including making development aid to third countries conditional upon the effective implementation of readmission agreements1a; the commission shall , in this regard , ensure that , in all its dealings with the authorities of third countries , it supports all initiatives and policies of the member states aimed at combatting illegal immigration , returning illegal migrants , countering the weaponisation of illegal migrants , and preventing asylum fraud;


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


### mutually-beneficial partnerships and close cooperation with relevant third countries , including on legal pathways for third-country nationals in need of international protection and for those otherwise admitted to reside legally in the member states addressing the root causes of irregular migration , supporting partners hosting large numbers of migrants and refugees in need of protection and building their capacities in border , asylum and migration management , preventing and combatting irregular migration and migrant smuggling , and enhancing cooperation on readmission; ### mutually-beneficial partnerships and close cooperation with relevant third countries , including setting up third country reception centres to process asylum requests and host those granted international protection and addressing the root causes of illegal migration , supporting non-aggressive partners hosting large numbers of migrants and refugees in need of protection , preventing and combatting illegal migration , migrant smuggling , human trafficking and enhancing cooperation on returns;


### close cooperation and mutual partnership among union institutions and bodies , member states and international organisations; ### close cooperation between member states , and if so requested , assisted where necessary by the commission; the commission shall ensure that it supports the member states' efforts in all international fora such as , but not limited to , the united nations and the osce;


### close cooperation and mutual partnership among union institutions and bodies , member states and international organisations; ### close cooperation and mutual partnership among union institutions and bodies , member states and international organisations with full respect to national competences;


### full implementation of the common visa policy; ### respect for the sovereignty of member states and recognition that border protection and the decision to grant or refuse visas for third country nationals is a national competence;


### effective management and prevention of irregular migration; ### effective measures to prevent illegal migration and illegal entry into the territories of member states including by way of physically sealing the border , refusing asylum to those that enter illegally , member states joint naval missions in the mediterranean , aimed at deterring , preventing and stopping illegal departures and arrivals from third countries as well as to provide for immediate escort to ports of origin for any vessel enabling illegal entry of migrants into a member state of the european union;


### effective management and prevention of irregular migration; ### effective prevention of illegal migration and support from the commission to ensure that any funds received including development and/or emergency aid is strictly conditioned on full compliance with all requests from member states in their work to end illegal migration;


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


### effective management of the union’s external borders , based on the european integrated border management; ### effective protection of the union’s external borders , based on the european integrated border management , including search and rescue operations , and ensuring adequate union funding to the protection of the eu’s external borders , also covering the additional costs of physical barriers;


### effective management of the union’s external borders , based on the european integrated border management; ### effective management of the union’s external borders , based on the european integrated border management which includes support to member states that face severe migratory pressure and , as a result , need to erect physical barriers at the external border of the union;


### effective management of the union’s external borders , based on the european integrated border management; ### effective protection of the union’s external borders , including by erecting physical barriers where needed;


### full respect of the obligations laid down in international and european law concerning persons rescued at sea; ### deleted


### full respect of the obligations laid down in international and european law concerning persons rescued at sea; ### full respect of the obligations laid down in legally binding international instruments concerning persons rescued at sea;


### access to procedures for granting and withdrawing international protection on union territory and recognition of third-country nationals or stateless persons as refugees or beneficiaries of subsidiary protection; ### access to procedures for granting and withdrawing international protection on territory of member states or third country partner states and recognition of third-country nationals or stateless persons as refugees or beneficiaries of subsidiary protection , unless the individual has entered the territory of a member state illegally or through a safe country;


### access to procedures for granting and withdrawing international protection on union territory and recognition of third-country nationals or stateless persons as refugees or beneficiaries of subsidiary protection; ### access to procedures for granting and withdrawing international protection on union territory and recognition of third-country nationals or stateless persons as refugees;


### determination of the member state responsible for the examination of an application for international protection , based on shared responsibility and rules and mechanisms for solidarity; ### determination of the member state responsible for the examination of an application for international protection; if a member state fails in their primary duty to uphold the integrity of the national border , any and all third country nationals that enter the eu zone for the first time will be that member sate's responsibility. if other member states would like to show solidarity in the defence of that member state's border , they are encouraged to do so; member states are especially encouraged to provide support if that member state's border coincides at any distance with the external border , and that member state has applied active and robust preparatory measures against illegal migration , the weaponisation of illegal migration , and asylum fraud;


### determination of the member state responsible for the examination of an application for international protection , based on shared responsibility and rules and mechanisms for solidarity; ### determination of the member state or if member states or the union have conducted agreements to this end , the third country partner state responsible for the processing and facilitation of international protection for those granted such status;


### determination of the member state responsible for the examination of an application for international protection , based on shared responsibility and rules and mechanisms for solidarity; ### determination of the member state responsible for the examination of an application for international protection , based on a fair balance between responsibility and solidarity;


### access for applicants to adequate reception conditions; ### access for applicants to adequate reception conditions; member states are encouraged to outsource and locate any asylum reception facilities to an appropriate third country; preferably , the third country shall be located geographically so that the carbon footprint of the facility used is as light as possible and that the investment can benefit the development of the hosting nation; where possible , the location should also be in the proximity of the country of origin to facilitate their return home;


### access for applicants to adequate reception conditions; ### enable member states to relocate the entire process of application for international protection and the facilitation of such protection to third country partner states by way of bilateral or multilateral agreements;


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


### effective measures to provide incentives for and support to the integration of beneficiaries of international protection in the member states; ### deleted


### effective measures to provide incentives for and support to the integration of beneficiaries of international protection in the member states; ### effective measures to ensure that refugees are hosted in the region close to their country of origin , and in cases where refugees have been granted asylum in a member state , effective measures to ensure that those who have been granted international protection can return to their country of origin once it is safe to do so;


### measures aimed at reducing and tackling the enabling factors of irregular migration to and illegal stay in the union , including illegal employment; ### measures aimed at eliminating the enabling factors of illegal migration to and illegal stay in the member states of the european union , including smuggling facilitators and illegal employment as well as wide-reaching anti-people smuggling campaigns informing migrants that no-one who enters the eu illegally will ever make the eu their home as all asylum applications from those having entered illegally will automatically be rejected;


### measures aimed at reducing and tackling the enabling factors of irregular migration to and illegal stay in the union , including illegal employment; ### measures aimed at reducing and tackling the enabling and pull factors of illegal migration to and illegal stay in the union , including illegal employment , asylum fraud , as well as conditions that enable third countries to weaponise migration;


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


### full deployment and use of the operational tools set up at union level , notably the european border and coast guard agency , the asylum agency , eu-lisa and europol , as well as large-scale union information technology systems; ### full deployment and use of the operational tools set up at union level , notably the european border and coast guard agency , the asylum agency , eu-lisa and europol , as well as large-scale union information technology systems to offer any assistance requested by the member states to combat illegal migration , asylum fraud and hybrid attacks on the member states;


### 1. the union and member states shall ensure coherence of asylum and migration management policies , including both the internal and external components of those policies. ### 1. the union and member states shall , as far as possible and within the limits of proportionality and subsidiarity , with full respect for the sovereignty of member states , ensure coherence of asylum and migration management policies , including both the internal and external components of those policies.


### 1. the union and member states shall ensure coherence of asylum and migration management policies , including both the internal and external components of those policies. ### 1. the union and member states shall ensure coherence of asylum and migration policies , including both the internal and external components of those policies with full respect to national competences.


### 2. the union and member states acting within their respective competencies shall be responsible for the implementation of the asylum and migration management policies. ### 2. the member states , assisted by the union and in full respect of the sovereignty of the member states , shall be responsible for the implementation of the asylum and migration management policies.


### 2. the union and member states acting within their respective competencies shall be responsible for the implementation of the asylum and migration management policies. ### 2. the union and member states acting within their respective competencies shall be responsible for the implementation of the asylum and migration policies.


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


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


### principle of solidarity and fair sharing of responsibility ### principle of voluntary solidarity


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


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


### establish and maintain national asylum and migration management systems that provide access to international protection procedures , grant such protection to those who are in need and ensure the return of those who are illegally staying; ### establish and maintain national asylum and migration management systems that provide access to asylum procedures , grant such protection to those who are in need and ensure the effective and immediate return of those who are illegally staying;


### establish and maintain national asylum and migration management systems that provide access to international protection procedures , grant such protection to those who are in need and ensure the return of those who are illegally staying; ### establish and maintain national asylum and migration systems that provide access to international protection procedures , grant such protection to those who are in need and ensure the swift return of those who are illegally staying;


### take all measures necessary and proportionate to reduce and prevent irregular migration to the territories of the member states , in close cooperation and partnership with relevant third countries , including as regards the prevention and fight against migrant smuggling; ### take all measures necessary and proportionate to reduce and prevent illegal migration to the territories of the member states , in close cooperation and partnership with relevant third countries by making development aid conditional upon the effective implementation of readmission agreements , including as regards the prevention and fight against migrant smuggling , particularly by ngos operating under the guise of "search and rescue";


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


### provide support to other member states in the form of solidarity contributions on the basis of needs set out in chapters i-iii of part iv; ### provide support to other member states in the form of flexible solidarity contributions tailored to the individual capabilities of the member states , taking into account their national specificities and on the basis of needs set out in chapters i-iii of part iv;


### provide support to other member states in the form of solidarity contributions on the basis of needs set out in chapters i-iii of part iv; ### provide voluntary support to other member states in the form of financial or other contributions on the basis of needs set out in chapters i-iii of part iv;


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


### 1. the commission shall adopt a european asylum and migration management strategy setting out the strategic approach to managing asylum and migration at union level and on the implementation of asylum and migration management policies in accordance with the principles set out in this part. the commission shall transmit the strategy to the european parliament and the council. ### 1. the commission shall adopt a long-term european asylum and migration mitigation strategy on the implementation of member state cooperation in the field of asylum and migration setting out the ways in which the union can assist member states in managing asylum and migration. the commission shall transmit the strategy to the european parliament and the council as well as to the nordic council.


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


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


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


### relevant reports and analyses from union agencies; ### relevant reports and analyses from union and other international agencies; in this regard the member states shall consider setting up a migratory observatory as a permanent function within the osce in order to have a better understanding of illegal flows of third country nationals and hybrid warfare preparations that weaponise third country nationals through asylum fraud and other methods in relation to illegal migration.


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


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


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


### 5. the member states shall establish the national strategies by [one year after the entry into force of this regulation] at the latest. the first european asylum and migration management strategy shall be adopted by [18 months after the entry into force of this regulation] at the latest and the first migration management report shall be issued by [one year after the entry into force of this regulation] at the latest. ### deleted


### 5. the member states shall establish the national strategies by [one year after the entry into force of this regulation] at the latest. the first european asylum and migration management strategy shall be adopted by [18 months after the entry into force of this regulation] at the latest and the first migration management report shall be issued by [one year after the entry into force of this regulation] at the latest. ### 5. the member states shall establish the national strategies by [one year after the entry into force of this regulation] at the latest. the first migration management report shall be issued by [one year after the entry into force of this regulation] at the latest.


### 7 cooperation with third countries to facilitate return and readmission ### 7 cooperation with third countries on migration mitigation , the establishment of reception centres and the facilitation of returns


### 2. where the commission considers it appropriate , it shall also identify in its report measures designed to promote cooperation among the member states to facilitate the return of illegal staying third-country nationals. ### 2. where the commission considers it appropriate , it shall also identify in its report measures designed to promote cooperation among the member states to facilitate the return of illegal staying third-country nationals , including withholding development aid and other forms of financial and non-financial assistance from a third country as long cooperation is lacking.


### 3. on the basis of the report referred to in paragraph 1 , the commission and the council , within their respective competencies , shall consider the appropriate actions taking into account the union’s overall relations with the third country. ### 3. on the basis of the report referred to in paragraph 1 , the commission and the council , within their respective competencies , shall consider the appropriate actions taking into account the union’s overall relations with the third country including withholding development aid or other forms of funding.


### 1. solidarity contributions for the benefit of a member state under migratory pressure or subject to disembarkations following search and rescue operations shall consist of the following types: ### 1. the form of solidarity contributions should be based on the free and voluntary choice of each member state taking into account their national specificities. solidarity contributions for the benefit of a member state may consist of the following types:


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


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


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


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


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


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


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


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


### article 46 ### deleted


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


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


### 4. within one month of the adoption of the migration management report , member states shall notify the commission of the contributions they intend to make , by completing the sar solidarity response plan set out in annex i. member states shall indicate whether they intend to provide contributions in the form of: ### deleted


### relocation in accordance with article 45(1) , point (a); or ### deleted


### measures in accordance with article 45(1) , point (d) identified in the migration management report; or ### deleted


### relocation in accordance with article 45(1) , point (a) of vulnerable persons pursuant to article 49(4). ### deleted


### 5. where the commission considers that the solidarity contributions indicated by all the member states pursuant to paragraph 4 fall significantly short of the total solidarity contributions set out in the migration management report , the commission shall convene the solidarity forum. the commission shall invite member states to adjust the number and , where relevant , the type of contributions. member states that adjust their contributions shall submit revised sar solidarity response plans in the course of the solidarity forum. ### deleted


### 1. within two weeks from the submission of the sar solidarity response plans referred to in article 47(4) or two weeks from the end of the solidarity forum referred to in article 47(5) , and where the total solidarity contributions indicated by all the member states in their plans corresponds to , or is considered by the commission to be sufficiently close to the total solidarity contributions set out in the migration management report , the commission shall adopt an implementing act setting out the solidarity measures indicated by member states pursuant to article 47(4) or article 47(5). such measures shall constitute a solidarity pool for each member state expected to be faced with disembarkations in the short term. ### 1. within two weeks from the presentation of the solidarity response plans referred to in article 47 , the commission shall adopt an implementing act setting out the solidarity measures.


### where the asylum agency notifies the commission and the member states that 80% of the solidarity pool in the first subparagraph has been used for one or more of the benefitting member states , the commission shall convene the solidarity forum to inform the member states of the situation and request member states to increase their contributions. following the end of the solidary forum , where member states have indicated their readiness to make increased contributions the commission shall amend the implementing act establishing a solidarity pool referred to in the first subparagraph in relation to the benefitting member state concerned to increase the contributions indicated by member states. ### deleted


### the total number of third-country nationals to be covered by relocation to contribute to the needs of the member states referred to in article 47(2) as identified in the migration management report; ### deleted


### the number and share referred to in point (a) for each member state , including the benefitting member states calculated according to the distribution key set out in article 54; ### deleted


### the measures indicated by member states as set out in article 45(1) , point (d). ### deleted


### where member states have indicated measures set out in article 45(1) , point (d) , those measures shall be in proportion to the contributions that the member states would have made by means of the relocations referred to in article 45(1) , point (a) as a result of the application of the distribution key set out in article 54. they shall be set out in the implementing act except where the indications by member states would lead to a shortfall of greater than 30% of the total number of relocations identified in the migration management report. in those cases , the contributions set out in the implementing act shall be adjusted so that those member states indicating such measures are required to cover 50% of their share calculated in accordance with the distribution key set out in article 54 through relocation or return sponsorship as referred to in article 45(1) point (b) or a combination of both. the member states concerned shall immediately indicate to the commission how they intend to cover their share in this regard. the commission shall adjust the contributions set out in the implementing act regarding relocation , return sponsorship and the measures referred to in article 45(1) , point (d) for those member states accordingly. ### deleted


### where one or more member states have not submitted an sar solidarity response plan within the time limits set out in article 47(4) and article 47(5) , the commission shall determine the amount and type of contributions to be made by those member states. ### deleted


### where the asylum agency notifies the commission and the member states that 80% of the solidarity pool in the first subparagraph has been used for one or more of the benefitting member states , the commission shall convene the solidarity forum to inform the member states of the situation and the additional needs of the member states. following the solidary forum the commission shall adopt an amendment to the implementing act establishing a solidarity pool referred to in the first subparagraph in relation to the benefitting member state concerned to increase the total number of third-country nationals covered by the solidarity measures referred to in point (a) of the first subparagraph by a maximum of 50%. the share of each member state referred to in point (b) of the first subparagraph shall be amended accordingly. where the provisions of the second subparagraph are applied and member states have indicated that they shall contribute through return sponsorship , the share of these measures shall be increased by 50%. the measures referred to in article 45(1) , point (d) shall also be increased by a share that is in proportion to a 50% increase of that member states share calculated according to the distribution key set out in article 54. ### deleted


### 2. under the coordination of the commission , the asylum agency and the european border and coast guard agency shall draw up the list of eligible persons to be relocated and to be subject to return sponsorship. the list shall indicate the distribution of those persons among the contributing member states taking into account the total number of persons to be relocated or to be subject to return sponsorship by each contributing member state , the nationality of those persons and the existence of meaningful links between them and the member state of relocation or of return sponsorship. priority shall be given to the relocation of vulnerable persons. the asylum agency and the european border and coast guard agency shall assist the commission in monitoring the use of the solidarity pool. ### 2. under the coordination of the commission and competent member state agencies , the asylum agency and the european border and coast guard agency shall draw up the list of member states that have concluded agreements with third countries enabling the relocation to third country partner state reception centres of eligible persons for relocation as well as a list of countries that comply with requirements to accept returns from the member states. the list shall lay out all current agreements with regard to third country processing and facilitation of international protection as well as all third countries that comply or do not comply with requirements to accept returns or host reception centres in order for third countries to be eligible for any eu funding such as development aid.


### 5. the commission shall support and facilitate the procedures leading to the relocation of applicants and the implementation of return sponsorship , paying particular attention to unaccompanied minors. it shall coordinate the operational aspects of relocation and return sponsorship , including with the assistance of experts or teams of experts to be deployed by the asylum agency or the european border and coast guard agency. ### 5. the commission shall support and facilitate the procedures leading to the successful conclusion of agreements between member states and third countries for the purposes of relocation to third country partner state reception centres of applicants for international protection and the facilitation of granted requests. in addition , the commission shall also make it a priority to support by all means available , the successful implementation of return agreements , including by not providing any funds to beneficiary third countries that refuse to enter into return agreements with member states of the european union or refuse to host reception centres on their territory.


### 2. the asylum agency and the european border and coast guard agency shall assist the commission in drawing up the assessment of migratory pressure. the commission shall inform the european parliament , the council and the member states , without delay , that it is undertaking an assessment. ### 2. the asylum agency and the european border and coast guard agency shall assist the commission in drawing up the assessment of migratory pressure. the member state concerned should also be involved in and be duly informed of all stages of such assessment. the commission shall inform the european parliament , the council and the member states , without delay , that it is undertaking an assessment.


### the number of persons apprehended in connection with an irregular crossing of the external land , sea or air border; ### the number of persons apprehended in connection with an illegal crossing of the external land , sea or air border;


### the number of unaccompanied minors. ### the number of unaccompanied minors and children.


### article 51 ### deleted