### 2. where the report referred to in article 51 identifies measures referred to in paragraph 3 , point (b)(iii) of that article , other member states may contribute by means of those measures instead of measures referred to in article 51(3)(b)(ii). such measures shall not lead to a short fall of more than 30% of the total contributions identified in the report on migratory pressure under article 51(3)(b)(ii). ### 2. the effort of contributions shall be shared proportionately between the contributing member states , taking into account the distribution key and specific needs of the benefiting member states identified in the report on migratory pressure. member states shall prioritise the relocation of unaccompanied minors , unless it is not in their best interests.


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


### where the solidarity response plan includes return sponsorship , member states shall indicate the nationalities of the illegally staying third-country nationals present on the territory of the member state concerned that they intend to sponsor. ### deleted


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


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


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


### 1. a member state may commit to support a member state to return illegally staying third-country nationals by means of return sponsorship whereby , acting in close coordination with the benefitting member state , it shall take measures to carry out the return of those third-country nationals from the territory of the benefitting member state. ### 1. a member state may commit to support a member state to return illegally staying third-country nationals by means of return sponsorship whereby , acting in close coordination with the benefitting member state , it shall take measures to carry out the return of those third-country nationals from the territory of the benefitting member state. the return process shall be carried out in such a manner that it respects the human dignity of the illegally staying third country national.


### article 56 ### deleted


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


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


### 8. the benefitting member state shall take a transfer decision at the latest within one week of the confirmation by the member state of relocation. it shall notify the person concerned in writing without delay of the decision to transfer him or her to that member state. ### 8. the benefitting member state shall take a transfer decision at the latest within one week of the confirmation by the member state of relocation. it shall notify the person concerned in writing without delay of the decision to transfer him or her to that member state and at the latest 48 hours before the transfer.


### 11. the commission shall , by means of implementing acts , adopt uniform conditions for the preparation and submission of information and documents for the purpose of relocation. those implementing acts shall be adopted in accordance with the examination procedure referred to in article 67(2). ### 11. the member states shall use the common and secured electronic transmission and communication system for carrying-out relocations. the commission shall , by means of implementing acts , adopt uniform conditions for the preparation and submission of information and documents for the purpose of relocation. those implementing acts shall be adopted in accordance with article 40a.


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


### upon request , the commission shall coordinate the operational aspects of the measures offered by the contributing member states , including any assistance by experts or teams deployed by the asylum agency or the european border and coast guard agency. ### upon request , the commission shall coordinate the operational aspects of the measures offered by the contributing member states , including any assistance by experts or teams deployed by the asylum agency or the european border and coast guard agency or any other union office , body or agency.


### funding support following relocation pursuant to chapters i and ii of part iv shall be implemented in accordance with article 17 of regulation (eu) xxx/xxx [asylum and migration fund]. ### funding support following relocation pursuant to chapters i and ii of part iv shall be implemented in accordance with article 20 of regulation (eu) 2021/1147 [asylum , migration and integration fund].


### member states shall ensure that the authorities referred to in article 41 are bound by the confidentiality rules provided for in national law , in relation to any information they obtain in the course of their work. ### member states shall ensure that the authorities and their staff referred to in article 41 are bound by the confidentiality rules provided for in national law , in relation to any information they obtain in the course of their work.


### member states shall lay down the rules on penalties , including administrative or criminal penalties in accordance with national law , applicable to infringements of this regulation and shall take all measures necessary to ensure that they are implemented. the penalties provided for must be effective , proportionate and dissuasive. ### member states shall lay down the rules on penalties , including administrative or criminal penalties in accordance with national law , applicable to infringements of this regulation and shall take all measures necessary to ensure that they are implemented. the penalties provided for must be effective , proportionate and dissuasive and shall take into account the financial penalty and the compensation for the cost of reception referred to in article 26a.


### by [18 months after entry into force] and from then on annually , the commission shall review the functioning of the measures set out in chapters i-iii of part iv of this regulation. ### by [18 months after entry into force] and from then on annually , the commission shall review the functioning of the measures set out in chapters i-iii of part iv of this regulation and report on the implementation of the measures set out in this regulation. this report shall be communicated to the european parliament and the council. on the basis of this report , the european parliament shall hold an annual plenary debate on the implementation of this regulation as well as the whole common european asylum system.


### [three years after entry into force , the commission shall report on the implementation of the measures set out in this regulation.] ### deleted


### no sooner than [five] years after the date of application of this regulation , and every five years thereafter , the commission shall carry out an evaluation of this regulation. the commission shall present a report on the main findings to the european parliament , the council and the european economic and social committee. member states shall provide the commission all information necessary for the preparation of that report , at the latest six months before the [five] years time limit expires. ### no sooner than [three] years after the date of application of this regulation , and every five years thereafter , the commission shall carry out an evaluation of this regulation. the commission shall present a report on the main findings to the european parliament , the council and the european economic and social committee. member states shall provide the commission all information necessary for the preparation of that report , at the latest six months before the above mentioned time limit expires.


### amendments to regulation (eu) xxx/xxx [asylum and migration fund] ### amendments to regulation (eu) 2021/1147 [asylum , migration and integration fund]


### regulation (eu) xxx/xxx [asylum and migration fund] is amended as follows: ### regulation (eu) 2021/1147 is amended as follows:


### eur [10 000] per applicant for whom that member state becomes responsible as a result of relocation in accordance with articles 48 , 53 and article 56 regulation (eu) xxx/xxx [asylum and migration management regulation]; ### eur 50 000 per applicant for whom that member state becomes responsible as a result of relocation in accordance with article 45(2) and articles 48 and 53 of regulation (eu) xxx/xxx [asylum and migration management regulation];


### eur [10 000] per beneficiary of international protection relocated in accordance with articles 53 and 56 of regulation (eu) xxx/xxx [asylum and migration management regulation]; ### eur 50 000 per beneficiary of international protection relocated in accordance with article 45(2) and article 53 of regulation (eu) xxx/xxx [asylum and migration management regulation];


### eur [10 000] per illegally staying third-country national relocated in accordance with article 53 , when the period referred to in article 55(2) has expired , and article 56 of regulation (eu) xxx/xxx [asylum and migration management regulation]. ### eur 50 000 per illegally staying third-country national relocated in accordance with article 53 , when the period referred to in article 55(2) has expired , and article 45(2) of regulation (eu) xxx/xxx [asylum and migration management regulation].


### the contribution in points (a) , (b) and (c) is increased to eur [12 000] for each unaccompanied minor relocated in accordance with article 48 , article 53 and article 56 of regulation (eu) xxx/xxx [asylum and migration management regulation]. ### the contribution in points (a) , (b) and (c) is increased to eur 60 000 for each unaccompanied minor relocated in accordance with article 45(2) and articles 48 and 53 of regulation (eu) xxx/xxx [asylum and migration management regulation].


### (32) a member state should be able to take , at its own initiative or at the request of another member state , other solidarity measures on a voluntary basis to assist that member state in addressing the migratory situation or to prevent migratory pressure. those contributions should include measures aimed at strengthening the capacity of the member state under pressure or at responding to migratory trends through cooperation with third countries. in addition , such solidarity measures should include relocation of third-country nationals that are in the border procedure as well as illegally staying third-country nationals. in order to incentivise voluntary solidarity , where member states make voluntary contributions in the form of relocation or return sponsorship , those contributions should be taken into account in the implementing act provided for in respect of situations of migratory pressure. ### (32) a member state should be able to take , at its own initiative or at the request of another member state , other solidarity measures on a voluntary basis to assist that member state in addressing the migratory situation or to prevent migratory pressure. those contributions should include measures aimed at strengthening the capacity of the member state under pressure or at responding to migratory trends through cooperation with third countries. in addition , such solidarity measures should include relocation of third-country nationals that are in the border procedure , as long as it does not frustrate the objective of a fair and efficient procedure pursuant to regulation (eu) xxx/xxx [asylum procedure regulation] , as well as illegally staying third-country nationals. in order to incentivise voluntary solidarity , where member states make voluntary contributions in the form of relocation or return sponsorship , those contributions should be taken into account in the implementing act provided for in respect of situations of migratory pressure.


### (33) the common european asylum system (ceas) has been built progressively as a common area of protection based on the full and inclusive application of the geneva convention relating to the status of refugees of 28 july 1951 , as supplemented by the new york protocol of 31 january 1967 (‘the geneva convention’) , thus ensuring that no person is sent back to persecution , in compliance with the principle of non-refoulement. in this respect , and without the responsibility criteria laid down in this regulation being affected , member states , all respecting the principle of non-refoulement , are considered as safe countries for third-country nationals. ### (33) the common european asylum system (ceas) has been built progressively as a common area of protection based on the full and inclusive application of the geneva convention relating to the status of refugees of 28 july 1951 , as supplemented by the new york protocol of 31 january 1967 (‘the geneva convention’) , thus ensuring that no person is sent back to persecution , in compliance with the principle of non-refoulement. in this respect , and without the responsibility criteria laid down in this regulation being affected , member states , all respecting the principle of non-refoulement , are considered as safe countries for third-country nationals , unless an applicant risks suffering from inhuman or degrading treatment in a member state.


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


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


### (43) in accordance with the 1989 united nations convention on the rights of the child and with the charter of fundamental rights of the european union , the best interests of the child should be a primary consideration of member states when applying this regulation. in assessing the best interests of the child , member states should , in particular , take due account of the minor’s well-being and social development , safety and security considerations and the views of the minor in accordance with his or her age and maturity , including his or her background. in addition , specific procedural guarantees for unaccompanied minors should be laid down on account of their particular vulnerability. ### (43) in accordance with the 1989 united nations convention on the rights of the child and with the charter of fundamental rights of the european union , the best interests of the child should be a primary consideration of member states when applying this regulation. in assessing the best interests of the child , member states should , in particular , take due account of the minor’s well-being and social development , safety and security considerations and the views of the minor in accordance with his or her age and maturity , including his or her background , and should follow an independent evaluation of his/her best interest by the relevant child protection authorities. in addition , specific procedural guarantees for unaccompanied minors should be laid down on account of their particular vulnerability.


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


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


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


### (49) the rules on evidence should allow for a swifter family reunification than until now. it is therefore necessary to clarify that formal proof , such as original documentary evidence and dna testing , should not be necessary in cases where the circumstantial evidence is coherent , verifiable and sufficiently detailed to establish responsibility for examining an application for international protection. ### (49) the rules on evidence should allow for a swifter family reunification than until now. it is therefore necessary to clarify that formal proof , such as original documentary evidence and dna testing , should not be necessary in cases where the circumstantial evidence is coherent , verifiable and sufficiently detailed to establish responsibility for examining an application for international protection. the competent authorities from the member states should cooperate closely during the process of determination to assess quickly whether family ties exist.


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


### (55) a personal interview with the applicant should be organised in order to facilitate the determination of the member state responsible for examining an application for international protection unless the applicant has absconded , has not attended the interview without justified reasons or the information provided by the applicant is sufficient for determining the member state responsible. as soon as the application for international protection is registered , the applicant should be informed in particular of the application of this regulation , the fact that the member state responsible for examining his or her application for international protection is based on objective criteria , of his or her rights as well as of the obligations under this regulation and of the consequences of not complying with them. ### (55) a personal interview with the applicant should be organised in order to facilitate the determination of the member state responsible for examining an application for international protection and for providing clear information on the procedure to the applicant , unless the applicant has absconded , has not attended the interview without justified reasons or the information provided by the applicant is sufficient for determining the member state responsible. as soon as the application for international protection is registered , the applicant should be informed in particular of the application of this regulation , the fact that the member state responsible for examining his or her application for international protection is based on objective criteria , of his or her rights as well as of the obligations under this regulation and of the consequences of not complying with them.


### (56) in order to guarantee effective protection of the rights of the persons concerned , legal safeguards and the right to an effective remedy in respect of decisions regarding transfers to the member state responsible should be established , in accordance , in particular , with article 47 of the charter of fundamental rights of the european union. in order to ensure that international law is respected , an effective remedy against such decisions should cover both the examination of the application of this regulation and of the legal and factual situation in the member state to which the applicant is transferred. the scope of the effective remedy should be limited to an assessment of whether applicants' fundamental rights to respect of family life , the rights of the child , or the prohibition of inhuman and degrading treatment risk to be infringed upon. ### (56) in order to guarantee effective protection of the rights of the persons concerned , legal safeguards and the right to an effective remedy in respect of decisions regarding transfers to the member state responsible should be established , in accordance , in particular , with article 47 of the charter of fundamental rights of the european union. in order to ensure that international law is respected , an effective remedy against such decisions should cover both the examination of the application of this regulation and of the legal and factual situation in the member state to which the applicant is transferred. the scope of the effective remedy should be limited to an assessment of whether applicants' fundamental rights to respect of family life , the rights of the child , or the prohibition of inhuman and degrading treatment risk to be infringed upon , or in the event an applicant is in possession of new and tangible elements or evidence , which the competent authorities did not assess.


### (58) in order to ensure the speedy determination of responsibility , the deadlines for making and replying to requests to take charge , for making take back notifications , as well as for making and deciding on appeals , should be streamlined and shortened. ### (58) in order to ensure the speedy determination of responsibility , the deadlines for making and replying to requests to take charge , for making take back notifications , as well as for making and deciding on appeals , should be streamlined and shortened , in particular as regards decisions based on a “eurodac hit” or a “vis hit” which constitute reliable pieces of evidence.


### (59) the detention of applicants should be applied in accordance with the underlying principle that a person should not be held in detention for the sole reason that he or she is seeking international protection. detention should be for as short a period as possible and subject to the principles of necessity and proportionality thereby only being allowed as a measure of last resort. in particular , the detention of applicants must be in accordance with article 31 of the geneva convention. the procedures provided for under this regulation in respect of a detained person should be applied as a matter of priority , within the shortest possible deadlines. as regards the general guarantees governing detention , as well as detention conditions , where appropriate , member states should apply the provisions of directive xxx/xxx/eu [reception conditions directive] also to persons detained on the basis of this regulation. ### (59) the detention of applicants should be applied in accordance with the underlying principle that a person should not be held in detention for the sole reason that he or she is seeking international protection. detention should be for as short a period as possible and subject to the principles of necessity and proportionality thereby only being allowed as a measure of last resort. in particular , the detention of applicants must be in accordance with article 31 of the geneva convention. the procedures provided for under this regulation in respect of a detained person should be applied as a matter of priority , within the shortest possible deadlines. as regards the general guarantees governing detention , as well as detention conditions , where appropriate , member states should apply the provisions of directive xxx/xxx/eu [reception conditions directive] also to persons detained on the basis of this regulation. in order to avoid the deprivation of liberty where less stringent measures might be applicable according to that regulation , member states should make use of other alternatives to detention. such alternatives may be provided , in particular , for applicants with special reception needs , such as minors , families or other vulnerable persons.


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


### (63) to support member states who undertake relocation as a solidarity measure , financial support from the union budget should be provided. in order to incentivise member states to give priority to the relocation of unaccompanied minors a higher incentive contribution should be provided. ### (63) to support member states who undertake relocation as a solidarity measure , strong financial support from the union budget should be provided. in order to incentivise member states to give priority to the relocation of unaccompanied minors a higher incentive contribution should be provided.


### (66) a network of competent member state authorities should be set up and facilitated by the european union agency for asylum to enhance practical cooperation and information sharing on all matters related to the application of this regulation , including the development of practical tools and guidance. ### (66) a network of competent member state authorities should be set up and facilitated by the european union agency for asylum to enhance practical cooperation and information sharing on all matters related to the application of this regulation , including the development of practical tools and guidance. the network should organise regular meetings to enhance trust-building and common understanding of the challenges of the implementation of the ceas in the different member states.


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


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


### 4. the commission shall , by means of implementing acts , establish uniform conditions for the consultation and exchange of information between member states. those implementing acts shall be adopted in accordance with the examination procedure referred to in article 67(2). ### 4. the commission shall , by means of implementing acts , establish uniform conditions for the consultation and exchange of information between member states. those implementing acts shall be adopted in accordance with the examination procedure referred to in article 67(2). the member states shall use the common and secured electronic transmission and communication system referred to in article 40a to exchange information under the present article.


### 2. the member state in which an application for international protection is registered and which is carrying out the process of determining the member state responsible , or the member state responsible , may , at any time before a first decision regarding the substance is taken , request another member state to take charge of an applicant in order to bring together any family relations , on humanitarian grounds based in particular on family or cultural considerations , even where that other member state is not responsible under the criteria laid down in articles 15 to 18 and 24. the persons concerned shall express their consent in writing. ### 2. the member state in which an application for international protection is registered and which is carrying out the process of determining the member state responsible , or the member state responsible , may , at any time before a first decision regarding the substance is taken , request another member state to take charge of an applicant in order to bring together any family relations , on humanitarian grounds based in particular on family or cultural considerations , or to support a member state under migratory pressure or with a risk of migratory pressure even where that other member state is not responsible under the criteria laid down in articles 15 to 18 and 24. the persons concerned shall express their consent in writing.


### the requested member state shall carry out any necessary checks to examine the humanitarian grounds cited , and shall reply to the requesting member state within two months of receipt of the request using the electronic communication network set up under article 18 of regulation (ec) no 1560/2003. a reply refusing the request shall state the reasons on which the refusal is based. ### the requested member state shall carry out any necessary checks to examine the humanitarian grounds cited , and shall reply to the requesting member state within two months of receipt of the request using the common and secured electronic transmission and communication system under article 40a of this regulation. a reply refusing the request shall state the reasons on which the refusal is based.


### iv obligations of the member state responsible ### iv obligations of the member states


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


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


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


### that obligation shall cease where the member state determining the member state responsible can establish that the applicant has obtained a residence document from another member state. ### that obligation shall cease where the member state determining the member state responsible can establish that the applicant has obtained a residence document from another member state or where the member state where the applicant is present decides to take responsibility for the examination of the application for international protection pursuant to article 25.


### 1. if a member state where an application for international protection has been registered considers that another member state is responsible for examining the application , it shall , without delay and in any event within two months of the date on which the application was registered , request that other member state to take charge of the applicant. ### 1. if a member state referred to in article 28(1) considers that another member state is responsible for examining the application , it shall , without delay and in any event within two months of the date on which the application was registered , request that other member state to take charge of the applicant.


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


### where the applicant is an unaccompanied minor , the determining member state may , where it considers that it is in the best interest of the minor , continue the procedure for determining the member state responsible and request another member state to take charge of the applicant despite the expiry of the time limits laid down in the first and second subparagraphs. ### where the applicant is an unaccompanied minor , time referred to in subparagraph 1 and 2 shall start to run when a guardian has been appointed and when the best interests of the child assessment has been concluded. the determining member state may also , where it considers that it is in the best interest of the minor , continue the procedure for determining the member state responsible and request another member state to take charge of the applicant despite the expiry of the time limits laid down in the first and second subparagraphs.


### the commission shall , by means of implementing acts , adopt uniform conditions on the preparation and submission of take charge requests. those implementing acts shall be adopted in accordance with the examination procedure referred to in article 67(2). ### the information shall be communicated between the member states through the common and secured electronic transmission and communication system referred to in article 40a. in accordance with that article , the commission shall , by means of implementing acts , adopt uniform conditions on the preparation and submission of take charge requests.


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


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


### 5. the commission shall , by means of implementing acts , adopt uniform conditions for the preparation and submission of take back notifications. those implementing acts shall be adopted in accordance with the examination procedure referred to in article 67(2). ### 5. the commission shall , by means of implementing acts , adopt uniform conditions for the preparation and submission of take back notifications. those implementing acts shall be adopted in accordance with article 40a.


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


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


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


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


### 2. where there is a risk of absconding , member states may detain the person concerned in order to secure transfer procedures in accordance with this regulation , on the basis of an individual assessment and only in so far as detention is proportional and other less coercive alternative measures cannot be applied effectively , based on an individual assessment of the person’s circumstances. ### 2. where there is a risk of absconding , member states may detain the person concerned in order to secure transfer procedures in accordance with this regulation , on the basis of an individual assessment and only in so far as detention is proportional and other less coercive alternative measures cannot be applied effectively , based on an individual assessment of the person’s circumstances. such alternatives to detention shall be available both in fact and law in the member states , in particular for minors and applicants with vulnerabilities and specific needs.


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


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


### 4. the commission shall , by means of implementing acts , establish uniform conditions for the consultation and exchange of information between member states , in particular in the event of postponed or delayed transfers , transfers following acceptance by default , transfers of minors or dependent persons , and supervised transfers. those implementing acts shall be adopted in accordance with the examination procedure referred to in article 67(2). ### 4. pursuant to article 40a , the commission shall , by means of implementing acts , establish uniform conditions for the consultation and exchange of information between member states in the common and secured electronic transmission and communication system , in particular in the event of postponed or delayed transfers , transfers following acceptance by default , transfers of minors or dependent persons , and supervised transfers.


### 1. in accordance with article 17 of regulation (eu) xxx/xxx [asylum and migration fund] , a contribution shall be paid to the member state carrying out the transfer for the transfer of an applicant or another person as referred to in article 26(1) , point (b) , (c) or (d) , pursuant to article 35. ### 1. in accordance with article 20 of regulation (eu) 2021/1147 [asylum , migration and integration fund] , a contribution shall be paid to the member state carrying out the transfer for the transfer of an applicant or another person as referred to in article 26(1) , point (b) , (c) or (d) , pursuant to article 35.


### 2. the transferring member state shall transmit to the member state responsible any information that is essential in order to safeguard the rights and immediate special needs of the person to be transferred , and in particular: ### 2. the transferring member state shall transmit to the member state responsible any information that is essential in order to safeguard the rights and immediate specific needs of the person to be transferred , and in particular:


### any immediate measures which the member state responsible is required to take in order to ensure that the special needs of the person to be transferred are adequately addressed , including any immediate health care that may be required; ### any immediate measures which the member state responsible is required to take in order to ensure that the specific needs of the person to be transferred are adequately addressed , including any immediate health care that may be required;


### in the case of minors , information on their education; ### in the case of minors , the best interests of the child assessment and information on their education;


### 3. the exchange of information under this article shall only take place between the authorities notified to the commission in accordance with article 41 of this regulation using the electronic communication network set up under article 18 of regulation (ec) no 1560/2003. the information exchanged shall only be used for the purposes set out in paragraph 1 of this article and shall not be further processed. ### 3. the exchange of information under this article shall only take place between the authorities notified to the commission in accordance with article 41 of this regulation using the common and secured electronic transmission and communication system as referred to in article 40a. the information exchanged shall only be used for the purposes set out in paragraph 1 of this article and shall not be further processed.


### 4. with a view to facilitating the exchange of information between member states , the commission shall , by means of implementing acts , draw up a standard form for the transfer of the data required pursuant to this article. those implementing acts shall be adopted in accordance with the examination procedure laid down in article 67(2). ### 4. with a view to facilitating the exchange of information between member states , the commission shall , by means of implementing acts , draw up a standard form for the transfer of the data required pursuant to this article. those implementing acts shall be adopted in accordance with article 40a of this regulation.


### where the member state carrying out a transfer is in possession of information that indicates that there are reasonable grounds to consider the applicant or another person as referred to in article 26(1) , point (b) , (c) or (d) , a danger to national security or public order in a member state , that member state shall also communicate such information to the member state responsible. ### where the member state carrying out a transfer is in possession of information that indicates that there are reasonable grounds to consider the applicant or another person as referred to in article 26(1) , point (b) , (c) or (d) , a danger to national security or public order in a member state , that member state shall also communicate such information to the member state responsible. to this end , the member state shall use the common and secured electronic transmission and communication system referred to in article 40a.


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


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


### the commission shall , by means of implementing acts , draw up the common health certificate. those implementing acts shall be adopted in accordance with the examination procedure laid down in article 67(2). ### the commission shall , by means of implementing acts , draw up the common health and vulnerabilities certificate. those implementing acts shall be adopted in accordance with the examination procedure laid down in article 67(2).


### 5. the commission shall , by means of implementing acts , adopt uniform conditions and practical arrangements for exchanging the information referred to in paragraph 1. those implementing acts shall be adopted in accordance with the examination procedure laid down in article 67(2). ### 5. pursuant to article 40a , the commission shall , by means of implementing acts , adopt uniform conditions and practical arrangements for exchanging the information referred to in paragraph 1 in the common and secured electronic transmission and communication system.


### 1. each member state shall notify the commission without delay of the specific authorities responsible for fulfilling the obligations arising under this regulation , and any amendments thereto. the member states shall ensure that those authorities have the necessary resources for carrying out their tasks and in particular for replying within the prescribed time limits to requests for information , requests to take charge , take back notifications and , if applicable , complying with their obligations under chapters i-iii of part iv. ### 1. each member state shall notify the commission without delay of the specific authorities responsible for fulfilling the obligations arising under this regulation , and any amendments thereto , and of the share of competences between different authorities in a member state where applicable. the member states shall ensure that those authorities have the necessary human , material and financial resources for carrying out their tasks and in particular for applying the procedures for determining the member state responsible in a rapid and efficient manner , safeguarding applicants’ procedural and fundamental rights , replying within the prescribed time limits to requests for information , requests to take charge , take back notifications and , if applicable , complying with their obligations under chapters i-iii of part iv.


### 3. member states shall ensure that the authorities referred to in paragraph 1 shall receive the necessary training with respect to the application of this regulation. ### 3. member states shall ensure that the authorities referred to in paragraph 1 continuously receive the necessary human resources who have the qualifications , training , expertise and independence with respect to the application of this regulation. in particular , the authorities shall receive appropriate staff to take in charge applicants with specific needs. where a member state requests it , the commission should assist the competent authorities in planning the allocation of staff , with a view to ensure the application of the present regulation and a level playing field in all member states.


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


### the asylum agency shall set up and facilitate the activities of a network of the competent authorities referred to in article 41(1) , with a view to enhancing practical cooperation and information sharing on all matters related to the application of this regulation , including the development of practical tools and guidance. ### the asylum agency shall set up and facilitate the activities of a network of the competent authorities referred to in article 41(1) , with a view to enhancing practical cooperation and information sharing on all matters related to the application of this regulation , including the development of practical tools and guidance , enhancing convergence in the application of the regulation and in practices , as well as building at the european a common culture between agents from competent authorities , both at national and european level.


### a. whereas the eu facility for refugees in turkey (frt) was created in 2016 in the framework of the eu-turkey statement and manages eur 6 billion; whereas human rights violations have taken place under this agreement which are incompatible with the eu charter of fundamental rights; ### a. whereas the eu facility for refugees in turkey (frt) was created in 2016 in the framework of the eu-turkey statement and manages eur 6 billion; whereas the frt has contributed to supporting the lives of more than 1 ,8 million refugees and host communities in turkey and thus constitutes a key pillar of humanitarian aid and support; whereas the frt has been threatened by political pressure exerted by the turkish government on the european union in disputes over the eu-turkey statement , which ultimately harms the refugees and host communities dependent on this support; whereas cases of human rights violations have taken place under this agreement which are incompatible with the eu charter of fundamental rights;


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


### b. whereas the revision of the financial regulation in 2018 introduced provisions strengthening parliament’s scrutiny powers when new eutfs are established or the current ones are extended; ### b. whereas the revision of the financial regulation in 2018 introduced provisions strengthening to a certain extent parliament’s scrutiny powers when new eutfs are established or the current ones are extended;


### 1. deplores the fact that both the eutf and the frt are ad hoc instruments that were set up outside the eu budget , raising concerns over their lack of transparency and democratic accountability; points out that their governance structures deviate from ordinary decision-making and bypass parliament scrutiny; ### 1. notes that eu trust funds , but also coordination mechanisms such as the frt , are ad hoc instruments set up mostly in emergency contexts and that allow for the pooling of different resources , faster decision-making and flexible responses to emergencies; recognises their added value in responding swiftly to emergencies as well as increasing the visibility of eu external action; regrets the fact , however , that eu trust funds were set up outside the eu budget , raising concerns over their lack of transparency and democratic accountability but also their threat to the eu budget's unity; points out that their governance structures deviate from ordinary decision-making and bypass parliament scrutiny; for these reasons , calls for the use of eu trust funds and other ad hoc instrument for migration management , development assistance and humanitarian aid to remain punctual , temporary and an exception to the rule; calls on the commission to formalise the observer status of the european parliament in board meetings of the trust funds;


### 2. is concerned about the governance of the eutf: the composition of its board and regional operational committees , the opacity of the process for approving projects , the lack of dialogue with local and human rights csos , and the lack of ex ante and ongoing impact assessments on fundamental rights; ### 2. is concerned about the governance of the eutf: the composition of its board and regional operational committees , the opacity of the process for approving projects , the lack of dialogue with local and human rights csos , and the lack of ex ante and ongoing impact assessments on fundamental rights; in light of the eutf set to expire at the end of 2021 , calls for the eutf to be streamlined into the new mff in order to ensure continuity of committed funds , increase parliamentary scrutiny and democratic accountability;


### 2. stresses that the need to create such trust funds is partly a consequence of the eu budget being structurally underfinanced and lacking possibilities to finance unexpected needs; ### 2. stresses that the need to create such trust funds is partly a consequence of the eu budget being structurally underfinanced , not flexible enough and lacking possibilities to finance unexpected needs;


### 2. recalls that the turkey facility is made up of two tranches of eur 3 billion each; regrets the fact that , unlike in the first tranche 2016-2017 , where the eu budget contributed eur 1 billion and member states eur 2 billion , in the second tranche 2018-2019 the ratio of contributions was reversed , to the detriment of existing union projects; ### 2. recalls that the turkey facility is made up of two tranches of eur 3 billion each; regrets the fact that , unlike in the first tranche 2016-2017 , where the eu budget contributed eur 1 billion and member states eur 2 billion , in the second tranche 2018-2019 the ratio of contributions was reversed;


### 3. highlights that the eutf is part of a trend of the securitisation and externalisation of eu border management aimed at reducing irregular migration to the eu; stresses the risks to development objectives and fundamental rights associated with this approach. ### 3. highlights that the eutf is part of a trend of the securitisation and externalisation of eu border management aimed at reducing irregular migration to the eu; acknowledges that coordinating migration management and development assistance policies can be of added value to ensure the coherence of eu external actions; stresses however , that reducing mobility to deter migration mostly runs counter to development objectives by increasing poverty and threatening to put fundamental rights at risk;


### 3. insists on the need to ensure that the objectives of the frt are consistent with the eu’s general principles , policies and objectives , including democracy , the rule of law and human rights; ### 3. insists strongly on the need to ensure that the objectives of the frt are consistent with the eu’s general principles , policies and objectives , including democracy , the rule of law and human rights;


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


### 5. welcomes the commission’s efforts to closely monitor and evaluate interventions , and to generate knowledge about the activities of the eutfs and of the frt , through a dedicated set of reports; hails these efforts to achieve greater transparency by publishing relevant data on the web pages of the eutfs and the frt; ### 5. notes the commission’s efforts to closely monitor and evaluate interventions , and to generate knowledge about the activities of the eutfs and of the frt , through a dedicated set of reports; asks to strengthen these efforts to achieve greater transparency by publishing relevant data on the web pages of the eutfs and the frt; stresses that the availability , completeness and factual consistency of such reports constitute the precondition for the support of european parliament as budgetary authority;


### 6. underlines the need to make sure strict monitoring exercises and audits are carried out to ensure compliance with the financial regulation; invites the commission to scale up reporting on the frt and asks it to ensure that these funds specifically target refugee projects and are not used for any other purposes; ### 6. underlines the need to make sure strict monitoring exercises and audits ex ante and ex post , including in turkey are carried out to ensure compliance with the financial regulation; invites the commission to scale up reporting on the frt and asks it to ensure that these funds only target refugee projects and needs and are not used for any other purposes;


### 6. regrets the late evaluations of some of the trust funds , which did not allow parliament to arrive at full and precise conclusions in a timely manner in the case of the trust fund for africa; ### 6. regrets the late evaluations of some of the trust funds , which did not allow parliament to arrive at full and precise conclusions in a timely manner in the case of the trust fund for africa , thus limiting democratic oversight and accountability;


### 8. notes the conclusions by the european court of auditors , published in its 2017 special report , that the bêkou trust fund has had positive achievements overall and has attracted aid , but few additional donors , and that most of its projects have delivered their expected outputs and provided enhanced visibility to the eu; ### 8. notes the conclusions by the european court of auditors , published in its 2017 special report , that the bêkou trust fund has had positive achievements overall and has attracted aid , but few additional donors , and that most of its projects have delivered their expected outputs and provided enhanced visibility to the eu; indicates however that the report recommended a better definition of the intervention scope , improved donor coordination , project selection procedures , monitoring and performance measurement , as well as optimisation of costs and increased transparency in the selection of implementing organisations;


### 9. calls on the commission to implement a strategy for the transition from humanitarian to development assistance and to improve the efficiency of cash assistance projects; ### 9. calls on the commission to implement a strategy for the transition from humanitarian to development assistance and to improve the efficiency and the monitoring of cash assistance projects;


### 9. notes that the emerging security challenges in the car will require well-targeted , flexible eu support under the ndici-global europe to enhance peace and security , democratisation and strengthening democratic institutions in the car; ### 9. notes that the emerging security challenges in the car will require well-targeted , flexible eu support under the ndici-global europe to enhance peace and security , democratisation and strengthening democratic institutions , as well as respect for human rights in the car;


### d. whereas the establishment of both the eutfs and the facility for refugees in turkey (frt) have been justified by the need for a flexible and swift reaction not possible under the classical institutional framework; whereas the extra-budgetary instruments such as the eutfs , as well as extraordinary tools such as the frt , pose challenges with respect to democratic accountability , including the role of the european parliament and also the integrity of the eu budget; ### d. whereas the establishment of both the eutfs and the facility for refugees in turkey (frt) have been justified by the need for a flexible and swift reaction not possible under the classical institutional framework; whereas the extra-budgetary instruments such as the eutfs , as well as extraordinary tools such as the frt , jeopardise the principles of democratic accountability , transparency and sound financial management , undermining the role of the european parliament and also the integrity of the eu budget;


### 14. welcomes the fact that the eutf for africa has contributed to the triple humanitarian-development-peace nexus approach , which was not possible with the eu financial instruments under the previous mff; ### 14. welcomes the fact that the eutf for africa has contributed to the triple humanitarian-development-peace nexus approach;


### 15. welcomes the generally strong degree of local ownership , the involvement of local authorities and civil society organisations (csos) in projects supported by the eutf for africa; ### 15. welcomes the generally strong degree of local ownership , the involvement of local authorities and civil society organisations (csos) in projects supported by the eutf for africa; notes however that according to the special report no 32/2018 of the european court of auditors , there was a need in an improved project selection procedure , higher implementation speed and a more systematic performance monitoring covering the full range of projects;


### 20. considers that the eu frt has proven its value as an innovative pooling tool and important coordinating mechanism for assisting turkey in swiftly responding to the immediate humanitarian and development needs of refugees and their host communities; ### 20. considers that the eu frt has proven its value as an innovative pooling tool and important coordinating mechanism for assisting turkey in swiftly responding to the immediate humanitarian and development needs of refugees and their host communities; notes however that the majority of projects needed to be extended to achieve the expected outcome; stresses in particular that according to the special report no 27/2018 of the european court of auditors , greater value could have been achieved in cash-assistance projects; furthermore the report indicates inconsistency in the financing of health and education activities , with a parallel use of different management structures to fund similar projects; additionally the report calls on the commission to improve the programming for municipal infrastructure and socio-economic support , enable the operating environment for ngos and improve the reporting on the facility;


### 22. reiterates its request that turkey respect the principle of non-refoulement , in particular on the syrian border , and that it not use the flows of refugees against the eu; ### 22. reiterates its request that turkey respect the principle of non-refoulement , in particular on the syrian border , and that it not use the flows of refugees against the eu; stresses that the financial support to turkey in the management of refugee flow must be conditional on the respect of the rule of law and fundamental rights , full budgetary transparency , as well as unrestricted involvement of civil society organisations; calls on the commission to build upon its experience in special third-party verification system to strengthen the oversight of spending;


### 22. reiterates its request that turkey respect the principle of non-refoulement , in particular on the syrian border , and that it not use the flows of refugees against the eu; ### 22. reiterates its request that turkey respect the principle of non-refoulement , in particular on the syrian border , that it does not instrumentalize the migratory flows against the eu , for political purposes , and that it abides fully by the eu-turkey statement especially with regard to the effective prevention of flows , dismantle of smuggling networks , control of its borders and acceptance of returns , in a non-discriminatory manner;


### 22. reiterates its request that turkey respect the principle of non-refoulement , in particular on the syrian border , and that it not use the flows of refugees against the eu; ### 22. reiterates its request that turkey respect the principle of non-refoulement , in particular on the syrian border , and that turkey should not use the flows of refugees as a source of blackmail against the eu;


### 23. underlines the necessity of better addressing the funding needs in situations of protracted crisis and with a view to the coordination and transition between humanitarian relief , reconstruction and development in a flexible and interconnected manner; ### 23. underlines the necessity of better addressing the funding needs in situations of protracted crisis and with a view to the coordination and transition between humanitarian relief , reconstruction and development in a flexible and interconnected manner , in a way that it is in line with development policy and humanitarian assistance's objectives and principles , such as supporting poverty eradication , the reduction of inequality and the meeting of humanitarian needs;


### 24. stresses the need to take on board the lessons learned in the establishment , management and implementation of the trust funds and the frt in order to apply them to the new generation of external financial instruments; ### 24. stresses the need to take on board the lessons learned in the establishment , management and implementation of the trust funds and the frt in order to apply them to the new generation of external financial instruments; underlines the need for a full parliamentary scrutiny of these instruments;


### 25. reiterates parliament’s long-standing insistence that external assistance be financed in full from the union budget and be implemented in a coherent way , following a streamlined set of rules , based on co-legislated instruments and in full respect of parliament’s legislative , budgetary and monitoring prerogatives , and of the principles of accountability , transparency , effectiveness and sound budgetary management; ### 25. reiterates parliament’s long-standing insistence that external assistance be financed in full from the union budget and be implemented in a coherent and value-based way , following a streamlined set of rules , based on co-legislated instruments and in full respect of parliament’s legislative , budgetary and monitoring prerogatives , and of the principles of eu's budgetary unity , accountability , transparency , effectiveness and sound budgetary management; highlights that the adoption of extraordinary tools increases the complexity of financing governance and puts financial pressure on existing foreign policy instruments , thereby possibly affecting their efficiency;


### 26. expects the commission to fully make use of the possibilities afforded by the programme-based approach under the geographic pillar of the ndici-global europe and ipa iii , complemented by global thematic programming , rapid response funding and the large unprogrammed reserve under the ndici-global europe; ### 26. expects the commission to fully make use of the possibilities afforded by the programme-based approach under the geographic pillar of the ndici-global europe , complemented by global thematic programming , rapid response funding and the large unprogrammed reserve under the ndici-global europe;


### 27. is confident that the ndici-global europe will allow for increased flexibility and responsiveness , allowing it to continue the activities of the existing trust funds and thereby safeguard the unity of the union budget; ### 27. is confident that the ndici-global europe will allow for more efficient and predictable allocation of resources , increased flexibility and responsiveness , allowing it to continue the activities of the existing trust funds and thereby safeguard the unity of the union budget; underlines that ordinary decision-making governance framework confers more legitimacy to the eu’ external action , both within the eu and in the destination countries;


### 28. in the event of greater needs in the mff 2021-2027 , advocates increasing the ndici-global europe envelope through a revision of the mff and the ndici-global europe regulations , or a strengthening of the relevant ndici-global europe budget lines with contributions in the form of external assigned revenue; stresses that , should a need for a duly justified new trust fund nevertheless arise , it insists that parliament must be fully involved from the very outset; ### 28. in the event of greater needs in the mff 2021-2027 , advocates increasing the ndici-global europe envelope through a revision of the mff and the ndici-global europe regulations , or a strengthening of the relevant ndici-global europe budget lines with contributions in the form of external assigned revenue; expects that the upcoming revision of the financial regulation will ensure appropriate involvement of the budgetary authority in the governance of external assigned revenue; stresses that , should a need for a duly justified new trust fund nevertheless arise , parliament must be fully involved from the very outset and considers , therefore , that the financial regulation shall be revised to guarantee appropriate role of the parliament in the establishment and scrutiny of trust funds;


### 31. acknowledges that cooperation with representatives of local communities , including local religious leaders , in settings affected by conflict is crucial to foster reconciliation , dialogue and peace; ### 31. acknowledges that cooperation with representatives of local communities in settings affected by conflict is crucial to foster reconciliation , dialogue and peace;


### — having regard to rule 132(2) of its rules of procedure , ### — having regard to rule 112 and rule 132(2) of its rules of procedure ,


### b. whereas in its schrems i judgment , the cjeu pointed out that indiscriminate access by intelligence authorities to the content of electronic communications violates article 7 of the charter , and that the united states do not provide sufficient legal remedies for non-us persons against mass surveillance , in violation of article 47 of the charter; ### b. whereas in its schrems i judgment , the cjeu pointed out that indiscriminate access by intelligence authorities to the content of electronic communications violates article 7 of the charter;


### 3. is concerned about public statements by the uk prime minister declaring that uk will seek to diverge from eu data protection rules and establish its own ‘sovereign’ controls in this field; considers that the 2020 uk national data strategy represents a shift from the protection of personal data towards a wider use and sharing of data that is incompatible with the principles of fairness , data minimisation and purpose limitation under the gdpr; ### 3. points out that the eu has opted for a human rights centric approach to data governance in developing robust data protection rules within the gdpr , and is therefore deeply concerned about public statements by the uk prime minister declaring that uk will seek to diverge from eu data protection rules and establish its own ‘sovereign’ controls in this field; considers that the 2020 uk national data strategy represents a shift from the protection of personal data towards a wider use and sharing of data that is incompatible with the principles of fairness , data minimisation and purpose limitation under the gdpr;


### 5. is concerned that uk data protection law contains a broad derogation from aspects of the fundamental data protection principles , such as the right of access and the right of a data subject to know with whom their data has been shared , if such protection would ‘prejudice effective immigration control’15 ; points out that this exemption is available to all data controllers in the uk; is concerned about the recently revealed information that the immigration exemption was used in over 70 % of data subject requests to the home office in 202016 ; ### 5. is concerned that uk data protection law contains a broad derogation from aspects of the fundamental data protection principles , such as the right of access and the right of a data subject to know with whom their data has been shared , if such protection would ‘prejudice effective immigration control’15 ; points out that this exemption is available to all data controllers in the uk; is concerned about the recently revealed information that the immigration exemption was used in over 70 % of data subject requests to the home office in 202016 ; stresses that this derogation was not in line with the gdpr when the uk was still a member , and ignored by the commission in its role as guardian of the treaties; underlines that the edpb concluded in its opinion that further clarifications on the application of the immigration exemption are needed;


### 7. points out that it has repeatedly voiced its concern about an exception for data subjects’ rights in the uk’s immigration policy , including in its resolution of 12 february 2020 on the new partnership with the uk17 and the opinion of the committee on civil liberties , justice and home affairs of february 2021 , which held that the exemption for the processing of personal data for immigration purposes of the uk data protection act needed to be amended before a valid adequacy decision could be reached18 ; ### 7. reiterates its strong concern about an exception for data subjects’ rights in the uk’s immigration policy; and reiterates its position that the exemption for the processing of personal data for immigration purposes of the uk data protection act needs to be amended before a valid adequacy decision can be given , as repeatedly voiced in its resolution of 12 february 2020 on the new partnership with the uk17 and the opinion of the committee on civil liberties , justice and home affairs of february 202118;


### 11. is concerned that the draft adequacy decisions fail to take into account either the actual use of uk bulk data powers or uk-us surveillance operations; points out that furthermore , in relation to the us , uk citizens are subject to some informal safeguards between gchq and the national security agency (nsa); expresses deep concern that these safeguards would not protect eu citizens or residents whose data may be subject to onward transfers and sharing with the nsa; ### 11. considers it unacceptable that the draft adequacy decisions fail to take into account either the lack of limitations on the use of uk bulk data powers , or the actual use of uk-us surveillance operations , including the data sharing arrangement between the 5 eyes and cooperation between the gchq and nsa; points out that furthermore , in relation to the us , uk citizens are subject to some informal safeguards between gchq and the national security agency (nsa); expresses deep concern that these safeguards would not protect eu citizens or residents whose data may be subject to onward transfers and sharing with the nsa;