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


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


### 7. when applying the border procedure , member states may carry out the procedure for determining the member state responsible for examining the application as laid down in regulation (eu) no xxx/xxx [regulation on asylum and migration management] , without prejudice to the deadlines established in paragraph 11 ### 7. when applying the border procedure to an applicant for international protection , member states shall carry out the procedure for determining the member state responsible for examining the application as laid down in regulation (eu) no xxx/xxx [regulation on asylum and migration management] , without prejudice to the deadlines established in paragraph 11.


### in such cases , the competent authority shall authorise the applicant to enter the territory of the member state. ### in such cases , the competent authority shall authorise the applicant to enter the territory of the member state.


### 10. by way of derogation from article 28 of this regulation , applications subject to a border procedure shall be lodged no later than five days from registration for the first time or , following a relocation in accordance with article [x] of regulation eu (no) xxx/xxx [regulation on asylum and migration management] , five days from when the applicant arrives in the member state responsible following a transfer pursuant to article 56(1) , point (e) , of that regulation. ### 10. by way of derogation from article 28 of this regulation , applications subject to a border procedure shall be lodged no later than five working days from registration for the first time or , following a relocation in accordance with article [x] of regulation eu (no) xxx/xxx [regulation on asylum and migration management] , five working days from when the applicant arrives in the member state responsible following a transfer pursuant to article 56(1) , point (e) , of that regulation provided that he or she is given an effective opportunity to do so within these time-limits.


### 11. the border procedure shall be as short as possible while at the same time enabling a complete and fair examination of the claims. it shall encompass the decision referred to in paragraph 2 and 3 and any decision on an appeal if applicable and shall be completed within 12 weeks from when the application is registered. following that period , the applicant shall be authorised to enter the member state’s territory except when article 41a(1) is applicable. . by way of derogation from the time limits set in articles 34 , 40(2) and 55 , member states shall lay down provisions on the duration of the examination procedure and of the appeal procedure which ensure that , in case of an appeal against a decision rejecting an application in the framework of the border procedure , the decision on such appeal is issued within 12 weeks from when the application is registered. ### 11. the border procedure shall be as short as possible while at the same time enabling a complete and fair examination of the claims. individual procedural rights as provided in this regulation , such as access to information , legal assistance and representation and interpretation , shall be effectivelly guaranteed during the entire border procedure. member states shall ensure that staff are allocated appropriately and that there is efficient coordination between the different actors and authorities in the border procedure , in accordance with articles 41b and 41c. it shall encompass the decision referred to in paragraph 2 and 3 and any decision on an appeal if applicable and shall be completed within 12 weeks from when the application is registered. following that period , the applicant shall be authorised to enter the member state’s territory except when article 41a(1) is applicable. by way of derogation from the time limits set in articles 34 , 40(2) and 55 , member states shall lay down provisions on the duration of the examination procedure and of the appeal procedure which ensure that , in case of an appeal against a decision rejecting an application in the framework of the border procedure , the decision on such appeal is issued within 12 weeks from when the application is registered.


### 13. during the examination of applications subject to a border procedure , the applicants shall be kept at or in proximity to the external border or transit zones. each member state shall notify to the commission , [two months after the date of the application of this regulation] at the latest , the locations where the border procedure will be carried out , at the external borders , in the proximity to the external border or transit zones , including when applying paragraph 3 and ensure that the capacity of those locations is sufficient to process the applications covered by that paragraph. any changes in the identification of the locations at which the border procedure is applied , shall be notified to the commission two months in advance of the changes taking effect. ### 13. during the examination of applications subject to a border procedure , the competent national authorities may require applicants to stay at locations , designated at their discretion , for completing the border procedure on the member states’ territory , in full compliance with directive xxx/xxx/eu [reception conditions directive recast]. a border procedure may take place at or in proximity to the external border or transit zones on the member state’s territory , provided that the conditions under this paragraph are fully respected and applicants’ special needs are properly safeguarded. each member state shall notify to the commission , [two months after the date of the application of this regulation] at the latest , the locations where the border procedure will be carried out including when applying paragraph 3 and ensure that the capacity of those locations is sufficient to process the applications covered by that paragraph. any changes in the identification of the locations at which the border procedure is applied on the basis of a decision from competent national authorities , shall be notified to the commission as early as possible and at least two weeks in advance of the changes taking effect.


### 14. in situations where the capacity of the locations notified by member states pursuant to paragraph 14 is temporarily insufficient to process the applicants covered by paragraph 3 , member states may designate other locations within the territory of the member state and upon notification to the commission accommodate applicants there , on a temporary basis and for the shortest time necessary. ### 14. in situations where , on the basis of an assessment by the commission or a competent nacional authority of the member state concerned , it is found that the capacity of a location as notified by that member state pursuant to paragraph 13 is temporarily insufficient to process the applicants covered by paragraph 3 , that member state shall designate other locations within its territory and , upon notification to the commission , shall accommodate applicants , under the conditions provided for in directive xxx/xxx/eu [reception conditions directive recast].


### 2. persons referred to in paragraph 1 shall be kept for a period not exceeding 12 weeks in locations at or in proximity to the external border or transit zones; where a member state cannot accommodate them in those locations , it can resort to the use of other locations within its territory. the 12-week period shall start from when the applicant , third-country national or stateless person no longer has a right to remain and is not allowed to remain. ### 2. persons referred to in paragraph 1 shall be kept for a period not exceeding 12 weeks in locations designated at the discretion of the member states , and may be situated at or in proximity to the external border or transit zones in the territory of the union. the locations referred to in this paragraph shall fully comply with the requirements under directive xxx/xxx/eu [reception conditions directive recast]. the 12-week period shall start from when the applicant , third-country national or stateless person no longer has a right to remain and is not allowed to remain.


### 3. for the purposes of this article , article 3 , article 4(1) , articles 5 to 7 , article 8(1) to (5) , article 9(2) to (4) , articles 10 to 13 , article 15 , article 17(1) , article 18(2) to (4) and articles 19 to 21 of directive xxx/xxx/eu [recast return directive] shall apply. ### 3. for the purposes of this article , article 3 , article 4(1) , articles 5 to 7 , article 8(1) to (5) , article 9(2) to (4) , articles 10 to 13 , article 14(3) , article 15 , article 17(1) , article 18(2) to (4) and articles 19 to 21 of directive xxx/xxx/eu [recast return directive] shall apply for the purposes of this article.


### 4. without prejudice to the possibility to return voluntarily at any moment , persons referred to in paragraph 1 may be granted a period for voluntary departure not exceeding 15 days. ### 4. without prejudice to the possibility to return voluntarily at any moment , persons referred to in paragraph 1 may be granted a period for voluntary departure not exceeding 20 days and shall cooperate with competent authorities


### 5. persons referred to in paragraph 1 who have been detained during the procedure referred to in article 41 and who no longer have a right to remain and are not allowed to remain may continue to be detained for the purpose of preventing entry into the territory of the member state , preparing the return or carrying out the removal process. ### 5. persons referred to in paragraph 1 who have been detained during the procedure referred to in article 41 and who no longer have a right to remain and are not allowed to remain may continue to be detained for the purpose of preventing entry into the territory of the member state , preparing the return or carrying out the removal process , provided that the grounds for detention under directive xxx/xxx/eu [return directive recast] still apply.


### return decisions shall be appealed before the same court or tribunal and within the same judicial proceedings and the same time-limits as decisions referred to in points (a) , (b) , (c) and (d). ### return decisions may be appealed before the same court or tribunal and within the same judicial proceedings and the same time-limits as decisions referred to in points (a) , (b) , (c) and (d). applicants shall be duly informed in a timely manner of their right to appeal.


### 6. if the documents are not submitted in time for the court or tribunal to ensure their translation , the court or tribunal may refuse to take those documents into account if they are not accompanied by a translation provided by the applicant. ### 6. the court or tribunal shall take into consideration all documents and information provided by the applicant. if the documents are not submitted in a reasonable time for the court or tribunal to ensure their translation , the court or tribunal may refuse to take those documents into account if they are not accompanied by a translation provided by the applicant , unless the applicant provides for a reasonable justification for any delay in the submission of those documents.


### 9. member states shall provide for only one level of appeal in relation to a decision taken in the context of the border procedure. ### 9. member states shall provide for , at least , one level of appeal in relation to a decision taken in the context of the border procedure. where a member state provides for more than one level of appeal , it shall ensure that the border procedure is concluded within the 12-week time limit referred to in article 41(11).


### the applicant shall have a time-limit of at least 5 days from the date when the decision is notified to him or her to request to be allowed to remain on the territory pending the outcome of the remedy; ### the applicant shall have a time-limit of at least 5 working days from the date when the decision is notified to him or her to request to be allowed to remain on the territory pending the outcome of the remedy;


### 6. in cases of subsequent applications , by way of derogation from paragraph 6 , point (d) of this article , member states may provide in national law that the applicant shall not have a right to remain , without prejudice to the respect of the principle of non-refoulement , if the appeal has been made merely in order to delay or frustrate the enforcement of a return decision which would result in the applicant’s imminent removal from the member state , in cases where it is immediately clear to the court that no new elements have been presented in accordance with article 42(4). ### 6. in full respect of the principle of non-refoulement , in cases of subsequent applications , by way of derogation from paragraph 5 , point (d) of this article , member states may provide in national law that the applicant shall not have a right to remain , if the appeal has been made merely in order to delay or frustrate the enforcement of a return decision which would result in the applicant’s imminent removal from the member state , in cases where it is immediately clear to the court that no new elements have been presented in accordance with article 42(4).


### 2. notes that the centre put in place a new performance measurement model in 2019 , using ten composite key performance indicators (kpis) to measure the effectiveness of the delivery of outputs and the efficiency of use of resources; notes that the ten composite kpis are broken down into 43 more specific performance indicators for which annual targets are defined; welcomes the fact that 39 out of 43 targets have been achieved by the centre and that the remaining three were partially achieved and one was not applicable; ### 2. welcomes the fact that the centre put in place a new performance measurement model in 2019 , using ten composite key performance indicators (kpis) to measure the effectiveness of the delivery of outputs and the efficiency of use of resources; notes that the ten composite kpis are broken down into 43 more specific performance indicators for which annual targets are defined; welcomes the fact that 39 out of 43 targets have been achieved by the centre and that the remaining three were partially achieved and one was not applicable;


### 8. welcomes the fact that the centre put in place a procurement plan in line with the centre’s management plan , which was successfully executed; notes that the centre uses the negotiated procedure in particular for small value contracts; highlights the inherent risks associated with the use of the negotiated procedure; calls on the centre to continue to closely monitor the contracts concluded; welcomes the fact that the court did not have remarks about the centre’s application of the public procurement rules; ### 8. welcomes the fact that the centre put in place a procurement plan in line with the centre’s management plan , which was successfully executed; notes that the centre uses the negotiated procedure in particular for small value contracts; highlights the inherent risks associated with the use of the negotiated procedure; notes with concern that in 85 out of 92 procedures , representing 60 % of the total value of contracts , the centre attributed direct contracts in procedures with single tenders; acknowledges that most of these situations occurred in relation to cases of small value contracts; recommends the centre to use procedures involving multiple candidates , even in small value contracts , in order to increase the variety of options; calls on the centre to continue to closely monitor the contracts concluded; welcomes the fact that the court did not have remarks about the centre’s application of the public procurement rules; welcomes the progress made by the centre in implementing e-procurement;


### prevention and management of conflicts of interest , and transparency ### prevention and management of conflicts of interest , ethics , and transparency


### 1. highlights that the common agricultural policy (cap) is the largest item in the eu budget , representing 31 % of the total budgetary expenditure for the 2021-2027 period; stresses the key role of a properly functioning cap in protecting the financial interests of the eu and its citizens against any misuse of eu funds that can be detrimental to the public image of such a strategic policy; ### 1. highlights that the common agricultural policy (cap) is the largest item in the eu budget , representing 31 % of the total budgetary expenditure for the 2021-2027 period; stresses the key role of a properly functioning cap in protecting the financial interests of the eu and its citizens against any misuse of eu funds that can be detrimental to the public image of such a strategic policy; underlines , that general union legislation on protection of the union financial interests and avoidance of conflict of interest must be respected by the all member states;


### 2. notes that value-added tax (vat) fraud is another major component of revenue fraud; is concerned by the fact that criminal groups have been proven to exchange knowledge , information and intelligence in the area of vat fraud; ### 2. notes that value-added tax (vat) fraud is another major component of revenue fraud; is concerned by the fact that criminal groups have been proven to exchange knowledge , information and intelligence in the area of vat fraud , making extensive use of new technologies , alternative cryptocurrencies and shortcomings of legal business structures to enhance and conceal their criminal activities , generating multi-billion-euro profits from vat fraud; highlights that according to the 2021 europol eu-socta report , vat fraud is committed by people with good knowledge of the vat system , legislation and tax procedures;


### 2. points out that the concentration of agricultural income support is mainly driven by area-based direct payments; underlines the need for more targeted support and a better balance between large and small beneficiaries at member state level; ### 2. points out that the concentration of agricultural income support is mainly driven by area-based direct payments; underlines the need for more targeted support and a better balance between large and small beneficiaries at member state level; regrets that for the new cap , capping remains voluntary; calls on the member states to use the capping of direct payments , as a measure for fairer distribution of the agricultural funds;


### 2. points out that the concentration of agricultural income support is mainly driven by area-based direct payments; underlines the need for more targeted support and a better balance between large and small beneficiaries at member state level; ### 2. points out that the concentration of agricultural income support is mainly driven by area-based direct payments; underlines the need for more targeted support and a better balance between large and small beneficiaries at member state level; recalls that over the last years the number of frauds has been reduced considerably;


### 3. expresses its regret that subsidies are an area affected by fraud on the expenditure side of the union budget; notes that subsidy fraud happens in many areas of eu spending , such as agriculture policy , cohesion policy , research and development and environmental policy; points out that many such fraudulent activities are carried out by organised crime gangs; ### 3. expresses its regret that subsidies are an area affected by fraud on the expenditure side of the union budget; notes with deep concern that according to europol reports , the number of such cases has steadily increased over the years; notes that subsidy fraud happens in many areas of eu spending , such as agriculture policy , cohesion policy , research and development and environmental policy; notes with concern that fraudulent applications for eu grants and tenders are usually based on false declarations , progress reports and invoices; points out that many such fraudulent activities are carried out by organised crime gangs;


### 3. highlights that the member states are responsible for the eu agricultural funds under shared management with the commission; considers the new delivery model and the new national strategic plans to be a great opportunity to reinforce member states’ and the commission’s controls pertaining to the distribution and management of funds; ### 3. highlights that the member states are responsible for the eu agricultural funds under shared management with the commission; stresses that the new delivery model and the new national strategic plans can be an opportunity to reinforce member states’ and the commission’s controls pertaining to the distribution and management of funds provided the member states have effective management and control systems in place; however the controls should not bring unnecessary or additional administrative burden for small and medium farmers;


### 4. takes note of the special impact of organised crime in the misuse of common agricultural policy (cap) funds; reiterates its concern that the current structure of cap subsidies incentivises land grabbing by criminal and oligarchical structures; stresses that limited transparency in combination with corruption enables criminal organisations to keep their actions out of sight and prevent eu funding from reaching its intended beneficiaries; reiterates that the development of proper union-level legal instruments against land grabbing and the enabling effective information sharing are crucial in this regard; ### 4. takes note of the special impact of organised crime in the misuse of common agricultural policy (cap) funds; reiterates its concern that the current structure of cap subsidies incentivises land grabbing by criminal and oligarchical structures; stresses that limited transparency in combination with corruption enables criminal organisations to keep their actions out of sight and prevent eu funding from reaching its intended beneficiaries; reiterates that the development of proper union-level legal instruments against land grabbing and the enabling effective information sharing are crucial in this regard; highlights that the use of new technologies such as comprehensive digital land registers is essential in enhancing transparency , effective data collection and risk mitigation , ultimately reducing opportunities for fraudsters; welcomes the efforts of the commission towards expanding the use of such technologies and calls on all member states to speed up the implementation of these solutions;


### 4. stresses the need for a specifically tailored fraud prevention system to prevent any misuse of eu agricultural funds; takes the view that anti-fraud measures should retain their high priority for the eu and the member states; underlines that eu funds must be recovered in a timely manner and that proportionate sanctions be put in place as effective deterrents; ### 4. stresses the need for a specifically tailored fraud prevention system to prevent any misuse of eu agricultural funds; takes the view that anti-fraud measures should retain their high priority for the eu and the member states; underlines that eu funds must be recovered in a timely manner and that proportionate sanctions be put in place as effective deterrents; the commission shall establish a comprehensive real-time information and monitoring system , including but not limited to existing tools , such as arachne , to allow a precise overview of the distribution and fair allocation of the eu funds and to have the possibility to track and aggregate the distributed financial means; this system should include information on the interconnections between companies and beneficial owners;


### 5. notes with concern that the commission and olaf have identified fraud in public tenders and procurement as a major trend among fraudsters; points out that fraud schemes often take place on a transnational level and can span several (eu and non-eu) countries , making them difficult to identify and dissolve; ### 5. notes with concern that the commission and olaf have identified fraud in public tenders and procurement as a major trend among fraudsters; points out that fraud schemes often take place on a transnational level and can span several (eu and non-eu) countries , making them difficult to identify and dissolve; highlights that timely cooperation between national law enforcement authorities is a key component of an effective response to transnational crime; calls on the relevant european and national authorities to improve the interoperability of their systems , facilitating the timely exchange of information and enhancing cooperation and joint operations for tackling transnational organised crime;


### 5. underlines the importance of transparency for the early detection of fraud , conflicts of interest or other irregularities; stresses the importance of eu-wide database interoperability , common rules and data exchange , cross-border cooperation and better use of it tools; ### 5. underlines the importance of transparency for the early detection of fraud , conflicts of interest or other irregularities; stresses the importance of eu-wide database interoperability , common rules and data exchange , cross-border cooperation and better use of it tools; highlights the importance of adherence to the financial regulation of the eu , and in particular the implementation of article 61 on conflict of interests by all the eu member states and its application on all eu funds’ payments;


### 6. notes that the covid-19 pandemic creates new opportunities for fraudsters and organised crime; notes with concern that europol observed a rise in coronavirus-related criminal activities in the form of cybercrime , fraud and counterfeiting; recalls the scams and fake offers of vaccines detected by eu countries , as one of many harmful examples , where fraudsters tried to sell more than 1.1 billion vaccine doses for a total price of over eur 15.4 billion; ### 6. notes that the covid-19 pandemic creates new opportunities for fraudsters and organised crime; notes with concern that europol observed a rise in coronavirus-related criminal activities in the form of cybercrime , fraud and counterfeiting; recalls the scams and fake offers of vaccines detected by eu countries , as one of many harmful examples , where fraudsters tried to sell more than 1.1 billion vaccine doses for a total price of over eur 15.4 billion; highlights that the threat of illicit sales of false covid-19 digital certificates is rapidly growing with numerous examples identified in several member states;


### 6. insists on greater resources for investigation , as well as on stronger coordination between the member states and eu bodies , to ensure that the fight against fraud in agricultural funds is effective; emphasises the need for a comprehensive fraud strategy with a robust fraud risk analysis. ### 6. insists on greater resources for investigation , as well as on stronger coordination between the member states and eu bodies (olaf , eca and eppo) , to ensure that the fight against fraud in agricultural funds is effective; emphasises the need for a comprehensive fraud strategy with a robust fraud risk analysis. stresses the need to create a continuous eu training programme for employees of paying agencies to improve fraud detection and exchange best practices.


### 6. insists on greater resources for investigation , as well as on stronger coordination between the member states and eu bodies , to ensure that the fight against fraud in agricultural funds is effective; emphasises the need for a comprehensive fraud strategy with a robust fraud risk analysis. ### 6. insists on greater resources for investigation , as well as on stronger coordination between the member states and eu bodies , including olaf and eppo , to ensure that the fight against fraud in agricultural funds is effective; emphasises the need for a comprehensive fraud strategy with a robust fraud risk analysis using information from different systems such as edes and arachne in order to safeguard the union’s financial interests.


### 7. is concerned by the assessment of the pif report , which found that seven member states detected fraud in relation to health infrastructure in 2019 and that health infrastructure was particularly affected by violations of public procurement rules; points out that the dependence on emergency procurement procedures in response to the covid-19 crisis may have aggravated these problems; ### 7. is concerned by the assessment of the pif report , which found that seven member states detected fraud in relation to health infrastructure in 2019 and that health infrastructure was particularly affected by violations of public procurement rules; points out that the dependence on emergency procurement procedures in response to the covid-19 crisis may have aggravated these problems; highlights that emergency procedures must respect the same standards of transparency and accountability as regular procedures; calls on the commission and member state authorities to complement these procedures through the use of risk mitigation tools , focusing on prevention , as well as through comprehensive ex-post controls and scrutiny;


### 8. is worried by europol’s expectation that the recession following the pandemic will create new opportunities for organised crime; warns that as organised crime follows the money , the unprecedented increase in eu spending in the context of the nextgenerationeu recovery plan offers major potential for misuse of funds by organised crime; ### 8. is worried by europol’s expectation that the recession following the pandemic will create new opportunities for organised crime; warns that as organised crime follows the money , the unprecedented increase in eu spending in the context of the nextgenerationeu recovery plan offers major potential for misuse of funds by organised crime; highlights that this unprecedented increase in spending must be met with proper resources allocated to the relevant institutions which constitute the eu and national frameworks for fighting corruption , fraud and organized crime; recalls in this regard that the use of new technologies such as the arachne and edes systems should become compulsory elements of implementing the eu budget;


### 10. is concerned that the task of estimating the extent and severity of the impact of organised crime on the eu budget has repeatedly been judged to be extremely difficult or even impossible; regrets that the commission lacks insight into the scale , nature and causes of fraud , and has to date not carried out a consistent assessment of undetected fraud; ### 10. is concerned that the task of estimating the extent and severity of the impact of organised crime on the eu budget has repeatedly been judged to be extremely difficult or even impossible; regrets that the commission and national authorities lack insight into the scale , nature and causes of fraud , and have to date not carried out a consistent assessment of undetected fraud; calls on the relevant national authorities to improve data collection and increase the reliability of data communicated to the commission; calls on the commission to coordinate and collaborate with member state authorities in order to carry out a comprehensive eu-wide assessment into the actual size , nature and causes of fraud , involving the relevant eu agencies and collaborating with partners from the eu's neighbouring countries;


### 15. regards the pif directive as an important step towards protecting the eu budget , as it provides a common definition of criminal offences and the misuse of funds , and the harmonisation of sanctions for crimes against the eu’s financial interests; appreciates that the directive sets out clear reporting and investigation procedures , defines the monitoring of the fraud risk management framework and promotes the use of information , databases and data analytics by member states; ### 15. regards the pif directive as an important step towards protecting the eu budget , as it provides a common definition of criminal offences and the misuse of funds , and the harmonisation of sanctions for crimes against the eu’s financial interests; appreciates that the directive sets out clear reporting and investigation procedures , defines the monitoring of the fraud risk management framework and promotes the use of information , databases and data analytics by member states; welcomes the commission's recent assessment on the implementation of the pif directive; notes with concern that the commission identified several shortcomings in the transposition and implementation of the directive , in particular with respect to the correct transposition of criminal offences , sanctions and provisions on jurisdiction and limitation periods; calls on the national authorities to cooperate with the commission and swiftly address these shortcomings as a proper transposition is of vital importance in enabling the eppo to conduct effective investigations and prosecutions;


### 16. welcomes the establishment of the european public prosecutor’s office (eppo) , with its mandate to investigate , prosecute and bring to judgment crimes against the eu budget , as an important asset in the fight against fraud and organised crime in the eu; calls for effective funding for the eppo; regrets that five member states have not yet joined the eppo; regrets the lack of nominations of european delegated prosecutors , in particular by slovenia , and considerable delays in many other member states; highlights that this may represent a substantial hindrance in the eppo’s effective fight against cross-border crime; ### 16. welcomes the establishment of the european public prosecutor’s office (eppo) , with its mandate to investigate , prosecute and bring to judgment crimes against the eu budget , as an important asset in the fight against fraud and organised crime in the eu; calls for effective funding and appropriate allocation of human resources for the eppo; regrets that five member states have not yet joined the eppo; calls on all remaining non-participating member states to take the necessary steps towards joining the eppo; regrets the lack of nominations of european delegated prosecutors , in particular by slovenia , and considerable delays in many other member states; highlights that this may represent a substantial hindrance in the eppo’s effective fight against cross-border crime;


### 19. regrets that the national approaches to tackle organised crime vary significantly across member states in terms of legislation , strategies and operational capacity; notes that this is partly due to varying levels of adoption and implementation of eu legislation; ### 19. regrets that the national approaches to tackle organised crime vary significantly across member states in terms of legislation , strategies and operational capacity; notes that this is partly due to varying levels of adoption and implementation of eu legislation; calls on the commission to make use of its prerogatives and take the necessary measures for ensuring the timely and correct implementation of eu legislation;


### 23. calls on the member states and the commission to consider a more coherent use of all the available tools to detect and tackle fraud , in particular the arachne it platform and edes; emphasises that the interoperability of arachne , edes , institutional and national databases is crucial for ensuring an effective information exchange aimed at preventing and identifying fraud against the eu budget; calls on the commission to consider the extension of the application of edes to funds under shared management; ### 23. calls on the member states and the commission to consider a more coherent use of all the available tools to detect and tackle fraud , in particular the arachne it platform and edes; emphasises that the interoperability of arachne , edes , institutional and national databases is crucial for ensuring an effective information exchange aimed at preventing and identifying fraud against the eu budget; calls on the commission to extend the application of edes to funds under shared management;


### 25. highlights that an important step in fighting organised crime is making it less profitable; recalls in this regard the work of olaf , whose investigations are a crucial tool in the fight against fraud; regrets that the indictment rate following recommendations by olaf to member states is low and follows a downward trend , as it decreased from 53 % in the 2007-2014 period to 37 % in the 2016-2020 period; further notes that the extent to which financial amounts recommended for recovery are actually recovered has not been assessed in recent years , and that the most recent assessment covering the years 2002 to 2016 indicates a recovery rate of 30 %; calls on olaf and the commission to investigate the underlying reasons and on the member states to cooperate closely with the union bodies , to ensure that funds misused by organised crime are effectively recovered; ### 25. highlights that an important step in fighting organised crime is making it less profitable; recalls in this regard the work of olaf , whose investigations are a crucial tool in the fight against fraud; regrets that the indictment rate following recommendations by olaf to member states is low and follows a downward trend , as it decreased from 53 % in the 2007-2014 period to 37 % in the 2016-2020 period; further notes that the extent to which financial amounts recommended for recovery are actually recovered has not been assessed in recent years , and that the most recent assessment covering the years 2002 to 2016 indicates a recovery rate of 30 %; calls on olaf and the commission to investigate the underlying reasons and on the member states to cooperate closely with the union bodies , to ensure that funds misused by organised crime are effectively recovered; invites the commission to assess the possibility of complementing the current fragmented approach towards asset recovery through an eu-wide body in charge of ensuring the timely and effective recovery of eu funds;


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


### 2. where no member state responsible can be designated on the basis of the criteria listed in this regulation , the first member state in which the application for international protection was registered shall be responsible for examining it. ### 2. where no member state responsible can be designated on the basis of the criteria listed in this regulation , the first member state in which the application for international protection was registered shall be responsible for examining it , unless article 25 applies.


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


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


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


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


### where a third-country national or stateless person who intends to make an application for international protection is in possession of a residence permit or visa which has expired , the application shall be made and registered in the member state where he or she is present. ### deleted


### 4. the applicant shall be required to be present in: ### 4. the applicant shall be required to be present and to remain available to the competent administrative or judicial authorities in:


### consequences of non-compliance ### consequences of non-compliance for the applicant


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


### 2. elements and information relevant for determining the member state responsible submitted after expiry of the time limit referred to in article 9(3) shall not be taken into account by the competent authorities. ### 2. elements and information relevant for determining the member state responsible submitted after expiry of the time limit referred to in article 9(3) shall not be taken into account by the competent authorities , unless the elements or information are of such nature that it provides a key and reliable evidence for determining the member state responsible.


### 1. as soon as possible and at the latest when an application for international protection is registered in a member state , its competent authorities shall inform the applicant of the application of this regulation and of the obligations set out in article 9 as well as the consequences of non-compliance set out in article 10 , and in particular: ### 1. as soon as possible and at the latest when an application for international protection is registered in a member state as set out in article 27 of regulation (eu) xxx/xxx [asylum procedure regulation] , the competent authorities shall inform in a language the applicant understands , of the application of this regulation and of the obligations set out in article 9 as well as the consequences of non-compliance set out in article 10 , and in particular:


### of the objectives of this regulation and the consequences of making another application in a different member state as well as the consequences of leaving the member state where he or she is required to be present pursuant to article 9(4) , in particular that the applicant shall only be entitled to the reception conditions as set out in article 10(1); ### of the objectives of this regulation and of the consequences of not cooperating with competent authorities or not showing up at a notification from the competent authorities;


### of the criteria and the procedures for determining the member state responsible , the hierarchy of such criteria in the different steps of the procedure and their duration; ### of the criteria and the procedures for determining the member state responsible , the hierarchy of such criteria in the different steps of the procedure and their duration , in particular of the provisions relating to family reunification and , in that regard , of the applicable definition of family members and relatives;


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


### of the possibility to challenge a transfer decision within the time limit set out in article 33(2) and of the fact that the scope of that challenge is limited as laid down in article 33(1); ### of the possibility and arrangements to challenge a transfer decision within the time limit set out in article 33(2) and of the fact that the scope of that challenge is limited as laid down in article 33(1) as well as the existence of the right to an effective remedy before a court or tribunal;


### in the case of an unaccompanied minor , of the role and responsibilities of the representative and of the procedure to file complaints against a representative in confidence and safety and in full respect of the child's right to be heard in this respect; ### in the case of an unaccompanied minor the guarantees and rights he or she is entitled to , including those specified in articles 13 and 15 of the present regulation , in particular the role and responsibilities of the guardian and of the procedure to file complaints against a guardian in confidence and safety and in full respect of the child's right to be heard in this respect , or the obligation for the member states to safeguard the best interest of the child in any circumstances;


### 2. the information referred to in paragraph 1 shall be provided in writing in a language that the applicant understands or is reasonably supposed to understand. member states shall use the common information material drawn up in clear and plain language pursuant to paragraph 3 for that purpose. ### 2. the information referred to in paragraph 1 shall be provided in writing in a language that the applicant understands or is reasonably supposed to understand. member states shall use the common information material drawn up in clear and plain language pursuant to paragraph 3 for that purpose. when the applicant is a minor , information shall be provided in a child-friendly manner , both in written and oral form.


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


### where necessary for the applicant’s proper understanding , the information shall also be supplied orally , where appropriate in connection with the personal interview as referred to in article 12. ### the information shall also be supplied orally , where appropriate with the support of multimedia equipment. oral information may also be given during the personal interview as referred to in article 12. the competent authorities shall make sure the applicant understands the information specified in paragraph 1 and has the opportunity to ask for questions or clarifications.


### 3. the asylum agency shall , in close cooperation with the responsible national agencies , draw up common information material , as well as a specific leaflet for unaccompanied minors , containing at least the information referred to in paragraph 1. that common information material shall also include information regarding the application of regulation (eu) xxx/xxx [eurodac regulation] and , in particular , the purpose for which the data of an applicant may be processed within eurodac. the common information material shall be drawn up in such a manner as to enable member states to complete it with additional member state-specific information. ### 3. the asylum agency shall , in close cooperation with the responsible national authorities , draw up common information and material , as well as a specific leaflet for unaccompanied minors or other vulnerable groups , containing at least the information referred to in paragraph 1. that common information material shall also include information regarding the application of regulation (eu) xxx/xxx [eurodac regulation] and , in particular , the purpose for which the data of an applicant may be processed within eurodac. the common information material shall be drawn up in such a manner as to enable member states to complete it with additional member state-specific information.


### after having received the information referred to in article 11 , the applicant has already provided the information relevant to determine the member state responsible by other means. the member state omitting the interview shall give the applicant the opportunity to present all further information which is relevant to correctly determine the member state responsible within the period referred to in article 29(1). ### after having received the information referred to in article 11 , the applicant has already provided the information relevant to determine the member state responsible by other means. the member state omitting the interview shall give the applicant the opportunity to present all further information which is relevant to correctly determine the member state responsible within the period referred to in article 29(1) , including the opportunity for an interview.


### 3. the personal interview shall take place in a timely manner and , in any event , before any take charge request is made pursuant to article 29. ### 3. the personal interview shall take place in a timely manner and , in any event , before any decision on the member state responsible is taken or a take charge request is made pursuant to article 29.


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


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


### 6. the member state conducting the personal interview shall make a written summary thereof which shall contain at least the main information supplied by the applicant at the interview. the summary may either take the form of a report or a standard form. the member state shall ensure that the applicant or the legal advisor or other counsellor who is representing the applicant have timely access to the summary. ### 6. the member state conducting the personal interview shall make an audio recording of the interview and shall make a written summary thereof which shall contain at least the main information supplied by the applicant at the interview. the summary may either take the form of a report or a standard form. the member state shall ensure that the applicant or the legal advisor or other counsellor who is representing the applicant have timely access to the summary , and in any case before any decision on the member state responsible is taken or a take charge request is made pursuant to article 29.


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


### 2. each member state where an unaccompanied minor is present shall ensure that he or she is represented and assisted by a representative with respect to the relevant procedures provided for in this regulation. the representative shall have the qualifications , training and expertise to ensure that the best interests of the minor are taken into consideration during the procedures carried out under this regulation. such representative shall have access to the content of the relevant documents in the applicant’s file including the specific information material for unaccompanied minors. ### 2. each member state where an unaccompanied minor is present shall ensure that he or she is represented and assisted by a guardian with respect to the relevant procedures provided for in this regulation. the responsible authorities shall appoint a guardian , as soon as possible and prior to the collection of biometric data pursuant to article 10(1) or 13(1) of regulation (eu) xxxx/xx (eurodac regulation) and in any event no later than 24 hours after the making of the application. the guardian shall have the qualifications , training , expertise and independence to ensure that the best interests of the minor are taken into consideration during the whole procedures carried out under this regulation. such guardian shall have access to the content of the relevant documents in the applicant’s file including the specific information material for unaccompanied minors.


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


### the representative provided for in the first subparagraph may be the same person or organisation as provided for in article 22 of regulation (eu) xxx/xxx [asylum procedure regulation]. ### for the purpose of this article , the member states shall apply article 22 of regulation (eu) xxx/xxx [asylum procedure regulation].


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


### 4. in assessing the best interests of the child , member states shall closely cooperate with each other and shall , in particular , take due account of the following factors: ### 4. in assessing the best interests of the child , member states shall closely cooperate and exchange information with each other and shall , in particular , take due account of the following factors:


### family reunification possibilities; ### the right to family life , including family reunification possibilities;


### the minor’s well-being and social development , taking into particular consideration the minor’s background; ### the minor’s well-being and social development , taking into particular consideration the minor’s ethnic , religious , cultural and linguistic background , while having regard to the need for stability and continuity in care and custodial arrangements and access to health and education services;


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


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


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


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


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


### the staff of the competent authorities referred to in article 41 who deal with requests concerning unaccompanied minors shall have received , and shall continue to receive , appropriate training concerning the specific needs of minors. ### the staff of the competent authorities referred to in article 41 who deal with requests concerning unaccompanied minors shall have received , and shall continue to receive , appropriate training concerning the specific needs of minors and the identification of vulnerabilities or trauma.


### 2. the member state responsible shall be that where a family member of the unaccompanied minor is legally present , unless it is demonstrated that it is not in the best interests of the minor. where the applicant is a married minor whose spouse is not legally present on the territory of the member states , the member state responsible shall be the member state where the father , mother or other adult responsible for the minor , whether by law or by the practice of that member state , or sibling is legally present. ### 2. the member state responsible shall be that where a family member of the unaccompanied minor is legally present , unless it is demonstrated that it is not in the best interests of the minor. where the applicant is a married minor whose spouse is not legally present on the territory of the member states , the member state responsible shall be the member state where the father , mother or other adult responsible for the minor , whether by law or by the practice of that member state , or sibling is legally present. in a scenario where the applicant is a married minor below the age of 16 , the member state responsible shall still be the member state where the father , mother or other non-spouse adult responsible for the minor , whether by law or by the practice of that member state , or sibling is legally present , regardless of whether the adult spouse of the minor is legally present or not within a member state.


### 2. the member state responsible shall be that where a family member of the unaccompanied minor is legally present , unless it is demonstrated that it is not in the best interests of the minor. where the applicant is a married minor whose spouse is not legally present on the territory of the member states , the member state responsible shall be the member state where the father , mother or other adult responsible for the minor , whether by law or by the practice of that member state , or sibling is legally present. ### 2. the member state responsible shall be that where a family member of the unaccompanied minor is legally present , if this is in the best interests of the minor. where the applicant is a married minor whose spouse is not legally present on the territory of the member states , the member state responsible shall be the member state where the father , mother or other adult responsible for the minor , whether by law or by the practice of that member state , or sibling is legally present.


### 5. in the absence of a family member or a relative as referred to in paragraphs 2 and 3 , the member state responsible shall be that where the unaccompanied minor’s application for international protection was first registered , unless it is demonstrated that this is not in the best interests of the minor. ### 5. in the absence of a family member or a relative as referred to in paragraphs 2 and 3 , or the application of article 25 , the member state responsible shall be that where the unaccompanied minor is present , unless it is demonstrated that this is not in the best interests of the minor.


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


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


### 1. where the applicant is in possession of a diploma or qualification issued by an education establishment established in a member state and the application for international protection was registered after the applicant left the territory of the member states following the completion of his or her studies , the member state in which that education establishment is established shall be responsible for examining the application for international protection. ### 1. where the applicant is in possession of a diploma or qualification issued by an education establishment established in a member state and the application for international protection was registered after the applicant left the territory of the member states following the completion of his or her studies , the member state in which that education establishment is established shall be responsible for examining the application for international protection. online training or other forms of distance learning shall not be considered to be relevant.


### 1. where the applicant is in possession of a diploma or qualification issued by an education establishment established in a member state and the application for international protection was registered after the applicant left the territory of the member states following the completion of his or her studies , the member state in which that education establishment is established shall be responsible for examining the application for international protection. ### 1. where the applicant is in possession of a diploma or qualification issued by an education establishment or a certificate of vocational competency established in a member state and the application for international protection was registered after the applicant left the territory of the member states following the completion of his or her studies , the member state in which that education establishment is established shall be responsible for examining the application for international protection.


### 3. paragraphs 1 and 2 shall not apply if it can be established , on the basis of proof or circumstantial evidence as described in the two lists referred to in article 30(4) of this regulation , including the data referred to in regulation (eu) xxx/xxx [eurodac regulation] , that the applicant was relocated pursuant to article 57 of this regulation to another member state after having crossed the border. in that case , that other member state shall be responsible for examining the application for international protection. ### 3. paragraphs 1 and 2 shall not apply if article 25 applies or if it can be established , on the basis of proof or circumstantial evidence as described in the two lists referred to in article 30(4) of this regulation , including the data referred to in regulation (eu) xxx/xxx [eurodac regulation] , that the applicant was relocated pursuant to article 57 of this regulation to another member state after having crossed the border. in that case , that other member state shall be responsible for examining the application for international protection.


### article 22 ### deleted


### article 23 ### deleted


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


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


### (ii) the minor children of couples referred to in the first indent or of the applicant , on condition that they are unmarried and regardless of whether they were born in or out of wedlock or adopted as defined under national law , ### (ii) the minor or adult dependent children of couples referred to in the first indent or of the applicant , regardless of whether they were born in or out of wedlock or adopted as defined under national law


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


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


### ‘minor’ means a third-country national or a stateless person below the age of 18 years; ### ‘minor’ means a third-country national or a stateless person below the age of 18 years. this is to be assessed , where applicable , at the time his or her application for international protection is made;


### ‘representative’ means a person or an organisation appointed by the competent bodies in order to assist and represent an unaccompanied minor in procedures provided for in this regulation with a view to ensuring the best interests of the child and exercising legal capacity for the minor where necessary; ### ‘guardian’ means a person or an organisation appointed by the competent bodies in order to assist and represent an unaccompanied minor in procedures provided for in this regulation with a view to safeguarding the best interests of the child , and his or her well-being , and exercising legal capacity for the minor where necessary , as defined in article 4(2)(f) of regulation (eu) xxx/xxx [asylum procedure regulation];


### ‘diploma or qualification’ means a diploma or qualification which is obtained after at least a three months’ period of study in a recognised , state or regional programme of education or vocational training at least equivalent to level 2 of the international standard classification of education , operated by an education establishment in accordance with national law or administrative practice of the member states; ### ‘diploma or qualification’ means a diploma or qualification which is obtained after at least a four months’ period of study achieved on the territory of a member state in a recognised , state or regional programme of education or vocational training at least equivalent to level 1 of the international standard classification of education , operated by an education establishment in accordance with national law or administrative practice of the member states;


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


### ‘risk of absconding’ means the existence of specific reasons and circumstances in an individual case , which are based on objective criteria defined by national law to believe that an applicant who is subject to a transfer procedure may abscond; ### ‘risk of absconding’ means the existence of specific reasons and circumstances in an individual case , which are based on objective and common criteria , clearly defined , to believe that an applicant who is subject to a transfer procedure may abscond. such criteria shall be defined pursuant to the procedure in article 2a;


### ‘migratory pressure’ means a situation where there is a large number of arrivals of third-country nationals or stateless persons , or a risk of such arrivals , including where this stems from arrivals following search and rescue operations , as a result of the geographical location of a member state and the specific developments in third countries which generate migratory movements that place a burden even on well-prepared asylum and reception systems and requires immediate action; ### ‘migratory pressure’ means a situation where there is a certain number of arrivals of third-country nationals or stateless persons , or a risk of such arrivals , including where this stems from arrivals following search and rescue operations , as a result of the geographical location of a member state and the specific developments in third countries which generate migratory movements that place a burden even on well-prepared asylum and reception systems and requires immediate action and which causes the member state concerned not to be able to fulfil its legal obligations under the common european asylum system;


### comprehensive approach to asylum and migration management ### comprehensive approach and integrated policy-making to asylum and migration management


### the union and the member states shall take actions in the field of asylum and migration management on the basis of a comprehensive approach. that comprehensive approach shall address the entirety of the migratory routes that affect asylum and migration management and shall consist of the following components: ### 1. the union and the member states shall take actions in the field of asylum and migration management on the basis of a comprehensive approach as well as a principle of integrated policy-making , in order to address the entirety of the migratory routes of third-country nationals and to ensure coherence of asylum and migration management policies , including both the internal and external component.


### effective management and prevention of irregular migration; ### effective management and prevention of irregular migration within and outside the eu;


### access for applicants to adequate reception conditions; ### access for applicants to adequate reception conditions , in particular for minors and applicant with specific needs;


### article 4 ### deleted


### 1. in implementing their obligations , the member states shall observe the principle of solidarity and fair sharing of responsibility and shall take into account the shared interest in the effective functioning of the union’s asylum and migration management policies. member states shall: ### 1. in implementing their obligations , the member states shall observe the principle of solidarity and fair sharing of responsibility referred to in article 80 tfeu and shall take into account the shared interest in the effective functioning of the union’s asylum and migration management policies.


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


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


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


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


### apply correctly and expeditiously the rules on the determination of the member state responsible for examining an application for international protection and , where necessary , carry out the transfer to the member state responsible pursuant to chapters i-vi of part iii; ### deleted


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


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


### 2. financial and operational support by the union for the implementation of the obligations shall be provided in accordance with the regulation (eu) xxx/xxx [asylum and migration fund] and regulation (eu) xxx/xxx [integrated border management fund]. ### 2. financial and operational support by the union for the implementation of the obligations shall be provided in accordance with the regulation (eu) 2021/1147 [asylum , migration and integration fund] and regulation (eu) 2021/1148 [integrated border management fund].


### relevant reports and analyses from union agencies; ### relevant reports and analyses from union agencies and the external action service;


### 3. member states shall have national strategies in place to ensure sufficient capacity for the implementation of an effective asylum and migration management system in accordance with the principles set out in this part. those strategies shall include contingency planning at national level , taking into account the contingency planning pursuant to regulation (eu) xxx/xxx [european union asylum agency] , regulation (eu) 2019/189656 (european border and coast guard agency) and directive xxx/xxx/eu [reception conditions directive] and the reports of the commission issued within the framework of the migration preparedness and crisis blueprint. such national strategies shall include information on how the member state is implementing the principles set out in this part and legal obligations stemming therefrom at national level. they shall take into account other relevant strategies and existing support measures notably under regulation (eu) xxx/xxx [asylum and migration fund] and regulation (eu) xxx/xxx [european union asylum agency] and be coherent with and complementary to the national strategies for integrated border management established in accordance with article 8(6) of regulation (eu) 2019/1896. the results of the monitoring undertaken by the asylum agency and the european border and coast guard agency , of the evaluation carried out in accordance with council regulation no 1053/2013 as well as those carried out in line with article 7 of regulation (eu) xxx/xxx [screening regulation] , should also be taken into account in these strategies. ### 3. member states shall have national strategies in place to ensure sufficient capacity for the implementation of an effective asylum and migration management system in accordance with the principles set out in this part. those strategies shall include contingency planning at national level , taking into account the contingency planning pursuant to regulation (eu) xxx/xxx [european union asylum agency] , regulation (eu) 2019/189656 (european border and coast guard agency) and directive xxx/xxx/eu [reception conditions directive] and the reports of the commission issued within the framework of the migration preparedness and crisis blueprint. such national strategies shall include information on how the member state is implementing the principles set out in this part and legal obligations stemming therefrom at national level. they shall take into account other relevant strategies and existing support measures notably under regulation (eu) 2021/1147 [asylum , migration and integration fund] and regulation (eu) xxx/xxx [european union asylum agency] and be coherent with and complementary to the national strategies for integrated border management established in accordance with article 8(6) of regulation (eu) 2019/1896. the results of the monitoring undertaken by the asylum agency and the european border and coast guard agency , of the evaluation carried out in accordance with council regulation no 1053/2013 as well as those carried out in line with article 7 of regulation (eu) xxx/xxx [screening regulation] , should also be taken into account in these strategies.


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


### cooperation with third countries to facilitate return and readmission ### cooperation with third countries on asylum , migration and border management


### 1. where the commission , on the basis of the analysis carried out in accordance with article 25a(2) or (4) of regulation (eu) no 810/2009 of the european parliament and of the council57 and of any other information available , considers that a third country is not cooperating sufficiently on the readmission of illegally staying third-country nationals , and without prejudice to article 25(a)(5) of that regulation , it shall submit a report to the council including , where appropriate , the identification of any measures which could be taken to improve the cooperation of that third country as regards readmission , taking into account the union’s overall relations with the third country. ### 1. where the commission , on the basis of the analysis carried out in accordance with article 25a(2) or (4) of regulation (eu) no 810/2009 of the european parliament and of the council57 and of any other information available , considers that a third country is not cooperating sufficiently on the readmission of illegally staying third-country nationals , and without prejudice to article 25(a)(5) of that regulation , it shall engage a high level dialogue with that third-country and the member states to find common and fair solutions for a better functioning of the partnership.


### 1. where the commission , on the basis of the analysis carried out in accordance with article 25a(2) or (4) of regulation (eu) no 810/2009 of the european parliament and of the council57 and of any other information available , considers that a third country is not cooperating sufficiently on the readmission of illegally staying third-country nationals , and without prejudice to article 25(a)(5) of that regulation , it shall submit a report to the council including , where appropriate , the identification of any measures which could be taken to improve the cooperation of that third country as regards readmission , taking into account the union’s overall relations with the third country. ### 1. where the commission , on the basis of the analysis carried out in accordance with article 25a(2) or (4) of regulation (eu) no 810/2009 of the european parliament and of the council57 and of any other information available , considers that a third country is not cooperating sufficiently on the readmission of illegally staying third-country nationals , and without prejudice to article 25(a)(5) of that regulation , it shall submit a report to the council including , where appropriate , the identification of any measures which could be taken to improve the cooperation of that third country as regards readmission , taking into account the union’s overall relations with the third country. these measures shall never be in contradiction with eu values or principles.


### 4. the commission shall keep the european parliament regularly informed of the implementation of this article. ### 4. on an annual basis , the commission shall evaluate the efficiency and fundamental rights compliance of the cooperation referred to under this article , and report to the european parliament and the council. relevant eu agencies and bodies shall report to the commission for this annual evaluation , such as the european border and coast guard agency , the fundamental rights agency , the european court of auditors and the eu asylum agency.


### 4. the commission shall keep the european parliament regularly informed of the implementation of this article. ### 4. on an annual basis , the commission shall evaluate the efficiency of the partnerships referred to in the first paragraph , as well as the implementation of this article , and report to the european parliament and the council.


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


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


### 2. such contributions may , pursuant to article 56 , also consist of: ### 2. member states may also provide voluntary solidarity contributions to assist a member state in addressing the migratory situation on its territory or prevent a migratory pressure. such contributions may consist of:


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


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


### 1. where the report referred to in article 51 indicates that a member state is under migratory pressure , the other member states which are not themselves benefitting member states shall contribute by means of the solidarity contributions referred to in article 45(1) , points (a) , (b) and (c). member states shall prioritise the relocation of unaccompanied minors. ### 1. within two weeks after the report referred to in article 51 indicates that a member state is under migratory pressure , the commission shall coordinate the distribution of contributions under the solidarity pool referred to in article 49a.