### a key based on the size of the population and of the economy of the member states should be applied as a point of reference in the operation of the corrective allocation mechanism in conjunction with a threshold , so as to enable the mechanism to function as a means of assisting member states under disproportionate pressure . the application of the corrective allocation for the benefit of a member state should be triggered automatically where the number of applications for international protection for which a member state is responsible exceeds 150% of the figure identified in the reference key . in order to comprehensively reflect the efforts of each member state , the number of persons effectively resettled to that member state should be added to the number of applications for international protection for the purposes of this calculation . ### a key based on the size of the population and of the economy of the member states should be applied as a point of reference in the operation of the allocation mechanism , in order to implement the principles of solidarity and fair sharing of responsibility on asylum among member states enshrined in article 80 tfeu . the application of the allocation mechanism should be permanent and automatic , whenever a member state responsible could not be determined according to the criteria set out in chapter iii and iv of this regulation . in order to comprehensively reflect the efforts of each member state , the number of persons effectively resettled to that member state should be added to the number of applications for international protection for which the member state is responsible , for the purposes of this calculation .


### - 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 , ### - the 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 ,


### a key based on the size of the population and of the economy of the member states should be applied as a point of reference in the operation of the corrective allocation mechanism in conjunction with a threshold , so as to enable the mechanism to function as a means of assisting member states under disproportionate pressure . the application of the corrective allocation for the benefit of a member state should be triggered automatically where the number of applications for international protection for which a member state is responsible exceeds 150% of the figure identified in the reference key . in order to comprehensively reflect the efforts of each member state , the number of persons effectively resettled to that member state should be added to the number of applications for international protection for the purposes of this calculation . ### a reference key based on the size of the population and of the economy of the member states should be applied as a point of reference in the operation of the corrective allocation mechanism in conjunction with a threshold , so as to enable the mechanism to function as a means of assisting member states under disproportionate pressure . the reference key should be corrected by reducing the share for the following year by 20% of the difference between the share based on gdp and population and the average number of irregular arrivals recorded by the member state over the last three years , for countries which in the last three years have received an average share of irregular arrivals higher than the determined based on size of population and the economy of the member states . the application of the corrective allocation for the benefit of a member state should be triggered automatically where the number of applications for international protection for which a member state is responsible exceeds 100% of the figure identified in the reference key . the corrective allocation should cease to apply when the number of applicants for which a member state is responsible drops below 75% of the figure identified in the reference key . member states located at external land or sea borders on the western mediterranean , central mediterranean and eastern mediterranean routes should be exempted from obligations of taking responsibility for allocated applications under the corrective mechanism from any other member state . in order to comprehensively reflect the efforts of each member state , the number of persons effectively resettled to that member state should be added to the number of applications for international protection for the purposes of this calculation .


### for the purpose of applying article 10 , the member state where the unaccompanied minor lodged an application for international protection 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 . ### for the purpose of applying articles 10 and 19 , the member state where the unaccompanied minor made an application for international protection shall , as soon as possible , take appropriate action to identify the family members , relatives or any other family relations of the unaccompanied minor on the territory of member states , whilst protecting the best interests of the child .


### where , on account of pregnancy , a new - born child , serious illness , severe disability or old age , an applicant is dependent on the assistance of his or her child , sibling or parent legally resident in one of the member states , or his or her child , sibling or parent legally resident in one of the member states is dependent on the assistance of the applicant , member states shall normally keep or bring together the applicant with that child , sibling or parent , provided that family ties existed in the country of origin , that the child , sibling or parent or the applicant is able to take care of the dependent person and that the persons concerned expressed their desire in writing . ### where , on account of pregnancy , a new - born child , serious illness , severe disability or old age , an applicant is dependent on the assistance of his or her child , sibling or parent legally resident in one of the member states , or his or her child , sibling or parent legally resident in one of the member states is dependent on the assistance of the applicant , member states shall normally keep or bring together the applicant with that child , sibling or parent , provided that family ties existed before the applicant arrived on the territory of the member states , that the child , sibling or parent or the applicant is able to take care of the dependent person and that the persons concerned expressed their desire in writing . when the applicant is affected by a serious disease or inability and it is not possible to determine a member state responsible according to the criteria set out in chapters iii and iv of this regulation , member states shall normally keep the applicant on the territory of the member state in which the applicant is present , if the person concerned expressed his desire in writing .


### before transferring an unaccompanied minor to the member state responsible or , where applicable , to the member state of allocation , the transferring member state shall make sure that the member state responsible or the member state of allocation takes the measures referred to in articles 14 and 24 of directive 2013 / 33 / eu and article 25 of directive 2013 / 32 / eu 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 3 . 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 . ### any decision on the member state responsible or , where applicable , on the member state of allocation concerning an unaccompanied minor shall be preceded by a multidisciplinary assessment of his / her best interests . the assessment shall be based on the factors listed in paragraph 3 and the conclusions of the assessment on each of the factors shall be clearly stated in the decision on responsibility . the multidisciplinary assessment shall involve competent staff with expertise in child rights , psychology and development and shall involve , at a minimum , the minor ' s guardian and legal advisor or counsellor . before any transfer of an unaccompanied minor takes place , the transferring member state shall obtain individual guarantees that the member state responsible or the member state of allocation takes the measures referred to in articles 14 and 24 of directive 2013 / 33 / eu and article 25 of directive 2013 / 32 / eu without delay . any decision to transfer an unaccompanied minor to another member state shall be preceded by an assessment of his or her best interests , carried out by the competent judicial or administrative authority according to the national law of the member state .


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


### a key based on the size of the population and of the economy of the member states should be applied as a point of reference in the operation of the corrective allocation mechanism in conjunction with a threshold , so as to enable the mechanism to function as a means of assisting member states under disproportionate pressure . the application of the corrective allocation for the benefit of a member state should be triggered automatically where the number of applications for international protection for which a member state is responsible exceeds 150% of the figure identified in the reference key . in order to comprehensively reflect the efforts of each member state , the number of persons effectively resettled to that member state should be added to the number of applications for international protection for the purposes of this calculation . ### a reference key based on the size of the population and of the economy of the member states should be applied as a point of reference in the operation of the corrective allocation mechanism in conjunction with a threshold , so as to enable the mechanism to function as a means of assisting member states under disproportionate pressure . the application of the corrective allocation for the benefit of a member state should be triggered automatically where the number of applications for international protection for which a member state is responsible exceeds 100 % of the figure identified in the reference key . the corrective allocation should cease to apply when the number of applicants for which a member state is responsible drops below 75 % of the figure identified in the reference key . in order to comprehensively reflect the efforts of each member state , the number of persons effectively resettled to that member state should be added to the number of applications for international protection for the purposes of this calculation .


### where applicable , links to the applications of family members or relatives travelling together ; ### where applicable , links to the applications of family members , relatives or groups of applicants requesting to be registered as travelling together ;


### in order to provide for supplementary rules , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of the identification of family members or relatives of an unaccompanied minor ; the criteria for establishing the existence of proven family links ; the criteria for assessing the capacity of a relative to take care of an unaccompanied minor , including where family members , siblings or relatives of the unaccompanied minor stay in more than one member state ; the elements for assessing a dependency link ; the criteria for assessing the capacity of a person to take care of a dependent person and the elements to be taken into account in order to assess the inability to travel for a significant period of time . in exercising its powers to adopt delegated acts , the commission shall not exceed the scope of the best interests of the child as provided for under article 8 of this regulation . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law - making of 13 april 2016 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and council receive all documents at the same time as member states ' experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts . . ### in order to provide for supplementary rules , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of the periodicity and modalities for providing information to applicants on the status of the procedures under this regulation concerning them , the identification of family members , relatives or any other family relations of an unaccompanied minor ; the criteria for establishing the existence of proven family links ; the criteria for assessing the capacity of a relative to take care of an unaccompanied minor , including where family members , siblings or relatives of the unaccompanied minor stay in more than one member state ; the elements for assessing a dependency link ; the criteria for assessing the capacity of a person to take care of a dependent person ; and the elements to be taken into account in order to assess the inability to travel for a significant period of time . in exercising its powers to adopt delegated acts , the commission shall not exceed the scope of the best interests of the child as provided for under article 8 of this regulation . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law - making of 13 april 2016 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and council receive all documents at the same time as member states ' experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts .


### 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 . where necessary , member states shall have recourse to an interpreter who is able to ensure appropriate communication between the applicant and the person conducting the personal interview . ### 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 and , when the applicant is a minor , in a child - friendly manner . where necessary , member states shall have recourse to an interpreter who is able to ensure appropriate communication between the applicant and the person conducting the personal interview .


### that the right to apply for international protection does not encompass any choice of the applicant which member state shall be responsible for examining the application for international protection ; ### that the right to apply for international protection does not encompass a choice of the applicant which member state shall be responsible for examining the application for international protection , except when provided within the allocation mechanism under the terms of chapter vii .


### of the personal interview pursuant to article 7 and the obligation of submitting and substantiating information regarding the presence of family members , relatives or any other family relations in the member states , including the means by which the applicant can submit such information ; ### of the purpose of the personal interview pursuant to article 7 as well as what information the applicant will be asked to submit during the interview ;


### where no transfer decision referred to in paragraph 1 is taken , member states shall provide for an effective remedy before a court or tribunal , where the applicant claims that a family member or , in the case of unaccompanied minors , a relative is legally present in a member state other than the one which is examining his or her application for international protection , and considers therefore that other member state as member state responsible for examining the application . ### where no transfer decision referred to in paragraph 1 is taken , member states shall provide for an effective remedy before a court or tribunal , where the applicant claims that another member state is responsible for examining the application .


### the authorities referred to in paragraph 1 shall receive the necessary training with respect to the application of this regulation . ### the authorities referred to in paragraph 1 shall receive the necessary regular training with respect to the application of this regulation , including as regards the operating procedures for gathering relevant information and assessing the best interests of the child . member states shall ensure the availability of specially trained staff , or specialized support services for staff , dedicated to the assessment of the best interests of the child in cases involving unaccompanied minors .


### in order to guarantee effective protection of the rights of the persons concerned , legal safeguards and the right to an effective remedy in respect of decisions regarding transfers to the member state responsible should be established , in accordance , in particular , with article 47 of the charter of fundamental rights of the european union . an effective remedy should also be provided in situations when no transfer decision is taken but the applicant claims that another member state is responsible on the basis that he has a family member or , for unaccompanied minors , a relative in another member state . in order to ensure that international law is respected , an effective remedy against such decisions should cover both the examination of the application of this regulation and of the legal and factual situation in the member state to which the applicant is transferred . the scope of the effective remedy should be limited to an assessment of whether applicants ' fundamental rights to respect of family life , the rights of the child , or the prohibition of inhuman and degrading treatment risk to be infringed upon . ### in order to guarantee effective protection of the rights of the persons concerned , legal safeguards and the right to an effective remedy in respect of decisions regarding transfers to the member state responsible should be established , in accordance , in particular , with article 47 of the charter of fundamental rights of the european union . an effective remedy should also be provided in situations when no transfer decision is taken but the applicant claims that another member state is responsible on the basis that he has a family member or , for unaccompanied minors , a relative in another member state , provided that such a transfer is in the best interests of the child . in order to ensure that international law is respected , an effective remedy against such decisions should cover both the examination of the application of this regulation and of the legal and factual situation in the member state to which the applicant is transferred .


### the 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 leaflet drawn up pursuant to paragraph 3 for that purpose . ### the information referred to in paragraph 1 shall be provided in writing in a language that the applicant understands , in a concise , transparent , intelligible and easily accessible form , using clear and plain language . with regard to minors and , in particular , to unaccompanied minors the information shall be provided in a child - friendly manner by appropriately trained staff . member states shall use the common information material drawn up pursuant to paragraph 3 for that purpose .


### 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 lodged shall be responsible for examining it . ### where no member state responsible can be designated on the basis of the criteria listed in this regulation , the member state responsible for examining the application for international protection shall be determined in accordance with the procedure laid down in article 24a .


### the allocation mechanism referred to in this chapter shall be applied for the benefit of a member state , where that member state is confronted with a disproportionate number of applications for international protection for which it is the member state responsible under this regulation . ### the allocation mechanism referred to in this chapter shall be applied for all the applications for which a member state responsible could not be determined according to the criteria set out in chapter iii and iv of this regulation , and also in the cases in which article 24a applies .


### the commission shall , by means of implementing acts , draw up a common leaflet , as well as a specific leaflet for unaccompanied minors , containing at least the information referred to in paragraph 1 of this article . this common leaflet shall also include information regarding the application of regulation [ proposal for a regulation recasting regulation no 603 / 2013 ] and , in particular , the purpose for which the data of an applicant may be processed within eurodac . the common leaflet shall be established in such a manner as to enable member states to complete it with additional member state - specific information . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 56 of this regulation . ### the european union agency for asylum shall , in close cooperation with the responsible national agencies , draw up common information material containing at least the information referred to in paragraph 1 of this article . that common information material shall also include information regarding the application of regulation [ proposal for a regulation recasting regulation no 603 / 2013 ] and , in particular , the purpose for which the data of an applicant may be processed within eurodac . the common information material shall be established in such a manner as to enable member states to complete it with additional member state - specific information . the european union agency for asylum shall create specific information material intended particularly for the following target groups : adult applicants ; unaccompanied minors ; accompanied minors . specific information material should be developed for cases where the corrective allocation mechanism applies and when the ordinary procedures under this regulation apply .


### the competent asylum authorities of the member states referred to in article 47 shall have access to the automated system referred to in article 44 for entering the information referred to in article 20 , article 22 , and , article 37 and point of article 39 . ### the competent asylum authorities of the member states referred to in article 47 shall have access to the automated system referred to in article 44 for entering the information referred to in article 20 , article 22 , and and point of article 39 .


### ‘ resettled person’ means a person subject to the process of resettlement whereby , on a request from the united nations high commissioner for refugees based on a person’s need for international protection , third - country nationals are transferred from a third country and established in a member state where they are permitted to reside with one of the following statuses : ### ' resettled person ' means a person subject to a process of resettlement whereby , on a request based on a person ' s need for international protection and coming from the united nations high commissioner for refugees , third - country nationals are transferred from a third country and established in a member state where they are permitted to reside with one of the following statuses :


### where the applicant is in possession of a valid visa or a visa expired less than six months before lodging the first application , the member state which issued the visa shall be responsible for examining the application for international protection , unless the visa was issued on behalf of another member state under a representation arrangement as provided for in article 8 of regulation no 810 / 2009 of the european parliament and of the council25 . in such a case , the represented member state shall be responsible for examining the application for international protection . _________________ 25 regulation no 810 / 2009 of the european parliament and of the council , of 13 july 2009 , establishing a community code on visas . ### where the applicant is in possession of a valid visa or a visa expired before lodging the first application , the member state which issued the visa shall be responsible for examining the application for international protection , unless the visa was issued on behalf of another member state under a representation arrangement as provided for in article 8 of regulation no 810 / 2009 of the european parliament and of the council25 . in such a case , the represented member state shall be responsible for examining the application for international protection . _________________ 25 regulation no 810 / 2009 of the european parliament and of the council , of 13 july 2009 , establishing a community code on visas .


### member states shall ensure that the person concerned has access to legal assistance and , where necessary , to linguistic assistance . ### without prejudice to the applicant ' s right to choose his or her own legal adviser or other counsellor at his or her own cost , member states shall ensure that the person concerned has access to legal assistance and representation and , where necessary , to linguistic assistance at all stages of the procedures provided for in this regulation .


### the commission shall , by means of implementing acts , draw up a common leaflet , as well as a specific leaflet for unaccompanied minors , containing at least the information referred to in paragraph 1 of this article . this common leaflet shall also include information regarding the application of regulation [ proposal for a regulation recasting regulation no 603 / 2013 ] and , in particular , the purpose for which the data of an applicant may be processed within eurodac . the common leaflet shall be established in such a manner as to enable member states to complete it with additional member state - specific information . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 56 of this regulation . ### the asylum agency shall , in cooperation with the relevant national authorities draw up common information material containing at least the information referred to in paragraph 1 of this article . that common information material shall also include information regarding the application of regulation [ proposal for a regulation recasting regulation no 603 / 2013 ] and , in particular , the purpose for which the data of an applicant may be processed within eurodac . the common information material shall be established in such a manner as to enable member states to complete it with additional member state - specific information . the asylum agency shall create specific information material intended particularly for the following target groups : adult applicants ; unaccompanied minors ; accompanied minors ; women ; other persons in vulnerable situation . specific information material should be developed for cases where the corrective allocation mechanism applies and when the ordinary procedures under this regulation apply .


### each member state where an unaccompanied minor is obliged to be present shall ensure that a representative represents and / or assists the unaccompanied minor with respect to the relevant procedures provided for in this regulation . the representative shall have the qualifications 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 leaflet for unaccompanied minors . ### each member state where an unaccompanied minor is present shall ensure that a guardian represents and / or assists the unaccompanied minor with respect to all procedures provided for in this regulation . the guardian shall have the qualifications and expertise to ensure that the best interests of the minor are taken into consideration during the procedures carried out under this regulation . such a guardian shall have access to the content of the relevant documents in the applicant’s file including the specific information material for unaccompanied minors . the guardian shall be appointed as soon as possible , but at the latest within five days from the date of the making of the application .


### 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 . this summary may either take the form of a report or a standard form . the member state shall ensure that the applicant and / or the legal advisor or other counsellor who is representing the applicant have timely access to the summary . ### 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 information in the summary shall be verified with the applicant and , where relevant , the guardian and / or legal advisor or counsellor , during the interview . this summary may either take the form of a report or a standard form . the member state shall ensure that the applicant and / or the guardian , the legal advisor or counsellor who is representing the applicant have access to the summary as soon as possible after the interview , and in any case before a transfer decision is taken .


### in order to ensure that the aims of this regulation are achieved and obstacles to its application are prevented , in particular in order to avoid absconding and secondary movements between member states , it is necessary to establish clear obligations to be complied with by the applicant in the context of the procedure , of which he or she should be duly informed in a timely manner . violation of those legal obligations should lead to appropriate and proportionate procedural consequences for the applicant and to appropriate and proportionate consequences in terms of his or her reception conditions . in line with the charter of fundamental rights of the european union , the member state where such an applicant is present should in any case ensure that the immediate material needs of that person are covered . ### in order to ensure that the aims of this regulation are achieved and its swift implementation , procedures should be put in place to ensure the cooperation of applicants and member states , with a clear system of incentives and disincentives to ensure compliance . it is also necessary to ensure that all applicants are appropriately informed of the application of this regulation . the support and protection of minors , in particular unaccompanied minors , should be strengthened


### the applicant shall submit as soon as possible and at the latest during the interview pursuant to article 7 , all the elements and information relevant for determining the member state responsible and cooperate with the competent authorities of the member states . ### the applicant shall submit as soon as possible all the available elements and information relevant for determining the member state responsible and cooperate with the competent authorities of the member states . the competent authorities shall take into account the elements and information relevant for determining the member state responsible only insofar as they have been submitted before the final decision determining the member state responsible .


### 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 . this summary may either take the form of a report or a standard form . the member state shall ensure that the applicant and / or the legal advisor or other counsellor who is representing the applicant have timely access to the summary . ### 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 . this summary may either take the form of a report or a standard form . the member state shall ensure that the applicant and / or the guardian , the legal advisor or counsellor who is representing the applicant have access to the summary as soon as possible after the interview , and in any case before a transfer decision is taken .


### for the costs to transfer an applicant to the member state of allocation , the benefitting member state shall be refunded by a lump sum of eur 500 for each person transferred pursuant to article 38 . this financial support shall be implemented by applying the procedures laid down in article 18 of regulation no 516 / 2014 . ### the costs to transfer an applicant to the member state of allocation by the european union agency for asylum shall be met by the general budget of the union and be refunded by a lump sum of eur 300 for each person transferred pursuant to article 38 .


### the member state which is determined as responsible under this regulation should remain responsible for examination of each and every application of that applicant , including any subsequent application , in accordance with article 40 , 41 and 42 of directive 2013 / 32 / eu , irrespective of whether the applicant has left or was removed from the territories of the member states . provisions in regulation 604 / 2013 which had provided for the cessation of responsibility in certain circumstances , including when deadlines for the carrying out of transfers had elapsed for a certain period of time , had created an incentive for absconding , and should therefore be removed . ### the member state which is determined as responsible under this regulation should remain responsible for examination of each and every application of that applicant , including any subsequent application , within a 24 month period , in accordance with article 40 , 41 and 42 of directive 2013 / 32 / eu , and provided that the applicant has not left to the country of origin or has not been removed from the territory of the member state .


### when the allocation mechanism applies , the applicants who lodged their applications in the benefitting member state should be allocated to member states which are below their share of applications on the basis of the reference key as applied to those member states . appropriate rules should be provided for in cases where an applicant may for serious reasons be considered a danger to national security or public order , especially rules as regards the exchange of information between competent asylum authorities of member states . after the transfer , the member state of allocation should determine the member state responsible , and should become responsible for examining the application , unless the overriding responsible criteria , related in particular to the presence of family members , determine that a different member state should be responsible . ### when the allocation mechanism applies , the applicants who lodged their applications in the determining member state should be allocated to member states which are below their share of applications on the basis of the reference key as applied to those member states . appropriate rules should be provided for in cases where an applicant may for serious reasons be considered a danger to national security or public order , especially rules as regards the exchange of information between competent asylum authorities of member states . after the transfer the member state of allocation should examine the application , unless new elements demonstrates that another member state should be responsible according to the criteria set out in chapter iii and iv of this regulation , and in particular those related to the presence of family members .


### in a situation referred to in point of paragraph 1 , the decision taken by the responsible authority of the member state responsible to reject the application shall no longer be subject to a remedy within the framework of chapter v of directive 2013 / 32 / eu . ### in a situation referred to in point of paragraph 1 , where the application has been rejected at first instance only , the member state responsible shall ensure that the person concerned has or has had the opportunity to seek an effective remedy pursuant to article 46 of directive 2013 / 32 / eu .


### in order to ensure full respect for the principle of family unity and for the best interests of the child , the existence of a relationship of dependency between an applicant and his or her child , sibling or parent on account of the applicant’s pregnancy or maternity , state of health or old age , should become a binding responsibility criterion . when the applicant is an unaccompanied minor , the presence of a family member or relative on the territory of another member state who can take care of him or her should also become a binding responsibility criterion . in order to discourage secondary movements of unaccompanied minors , which are not in their best interests , in the absence of a family member or a relative , the member state responsible should be that where the unaccompanied minor first has lodged his or her application for international protection , unless it is demonstrated that this would not be in the best interests of the child . before transferring an unaccompanied minor to another member state , the transferring member state should make sure that that member state will take all necessary and appropriate measures to ensure the adequate protection of the child , and in particular the prompt appointment of a representative or representatives tasked with safeguarding respect for all the rights to which they are entitled . any decision to transfer an unaccompanied minor should be preceded by an assessment of his / her best interests by staff with the necessary qualifications and expertise . ### in order to ensure full respect for the principle of family unity and for the best interests of the child , the existence of a relationship of dependency between an applicant and his or her child , sibling or parent on account of the applicant ' s pregnancy or maternity , state of health or old age , should become a binding responsibility criterion . when the applicant is an unaccompanied minor , the presence of a family member or relative on the territory of another member state who can take care of him or her should also become a binding responsibility criterion . in order to discourage secondary movements of unaccompanied minors , which are not in their best interests , in the absence of a family member or a relative , the member state responsible should be that where the unaccompanied minor first has lodged his or her application for international protection , unless it is demonstrated that this would not be in the best interests of the child . before transferring an unaccompanied minor to another member state , the transferring member state should make sure that that member state will take all necessary and appropriate measures to ensure the adequate protection of the child , and in particular the prompt appointment of a representative or representatives tasked with safeguarding respect for all the rights to which they are entitled . any decision to transfer an unaccompanied minor should be preceded by an assessment of his / her best interests by staff with the necessary qualifications and expertise . if for any reason the age of the applicant is not clearly over 18 years of age the member state have the full right to medically investigate the applicant to establish the age of the applicant .


### in order to ensure full respect for the principle of family unity and for the best interests of the child , the existence of a relationship of dependency between an applicant and his or her child , sibling or parent on account of the applicant’s pregnancy or maternity , state of health or old age , should become a binding responsibility criterion . when the applicant is an unaccompanied minor , the presence of a family member or relative on the territory of another member state who can take care of him or her should also become a binding responsibility criterion . in order to discourage secondary movements of unaccompanied minors , which are not in their best interests , in the absence of a family member or a relative , the member state responsible should be that where the unaccompanied minor first has lodged his or her application for international protection , unless it is demonstrated that this would not be in the best interests of the child . before transferring an unaccompanied minor to another member state , the transferring member state should make sure that that member state will take all necessary and appropriate measures to ensure the adequate protection of the child , and in particular the prompt appointment of a representative or representatives tasked with safeguarding respect for all the rights to which they are entitled . any decision to transfer an unaccompanied minor should be preceded by an assessment of his / her best interests by staff with the necessary qualifications and expertise . ### in order to ensure full respect for the principle of family unity and for the best interests of the child , the existence of a relationship of dependency between an applicant and his or her child , sibling or parent on account of the applicant ' s pregnancy or maternity , state of health or old age , should become a binding responsibility criterion . when the applicant is an unaccompanied minor , the presence of a family member or relative on the territory of another member state who can take care of him or her should also become a binding responsibility criterion . when the applicant is a minor who is accompanied by a parent , an adult sibling or another adult responsible for the minor , the legal presence of another parent or adult responsible for him or her in a member state should also become a binding responsibility criterion . before transferring an unaccompanied minor to another member state , the transferring member state should obtain individualised guarantees from the member state where the minor will be transferred that it will take all necessary and appropriate measures to ensure the adequate protection of the child , and in particular the prompt appointment of a guardian tasked with safeguarding respect for all the rights to which they are entitled . any decision on responsibility in accordance with this regulation concerning an unaccompanied minor should be preceded by a multidisciplinary assessment of his / her best interests which shall involve , at a minimum , his or her guardian and legal advisor or counsellor


### the examination procedure should be used for the adoption of a common leaflet on dublin / eurodac , as well as a specific leaflet for unaccompanied minors ; of a standard form for the exchange of relevant information on unaccompanied minors ; of uniform conditions for the consultation and exchange of information on minors and dependent persons ; of uniform conditions on the preparation and submission of take charge requests and take back notifications ; of two lists of relevant elements of proof and circumstantial evidence , and the periodical revision thereof ; of a laissez passer ; of uniform conditions for the consultation and exchange of information regarding transfers ; of a standard form for the exchange of data before a transfer ; of a common health certificate ; of uniform conditions and practical arrangements for the exchange of information on a person’s health data before a transfer , and of secure electronic transmission channels for the transmission of requests . ### the examination procedure should be used for the adoption of a standard form for the exchange of relevant information on unaccompanied minors ; of uniform conditions for the consultation and exchange of information on minors and dependent persons ; of uniform conditions on the preparation and submission of take charge requests and take back notifications ; of two lists of relevant elements of proof and circumstantial evidence , and the periodical revision thereof ; of a laissez passer ; of uniform conditions for the consultation and exchange of information regarding transfers ; of a standard form for the exchange of data before a transfer ; of a common health certificate ; of a common vulnerability certificate , including relevant information on the follow - up of cases with traumatic background ; of uniform conditions and practical arrangements for the exchange of information on a person’s health data before a transfer , and of secure electronic transmission channels for the transmission of requests .


### member states shall provide for a period of 7 days after the notification of a transfer decision within which the person concerned may exercise his or her right to an effective remedy pursuant to paragraph 1 . ### member states shall provide for a reasonable period , of no less than 15 days , after the notification of a transfer decision within which the person concerned may exercise his or her right to an effective remedy pursuant to paragraph 1 .


### of the possibility to challenge a transfer decision within 7 days after notification and of the fact that this challenge shall be limited to an assessment of whether articles 3 in relation to the existence of a risk of inhuman or degrading treatment or articles 10 to 13 and 18 are infringed upon ; ### of the possibility and modalities to challenge a transfer decision and the right to have an effective remedy before a court or tribunal in accordance with article 28 , including in a situation where no transfer decision is taken .


### by way of derogation from article 34 , during the first three months after entry into force of this regulation , the corrective allocation mechanism shall not be triggered . by way of derogation from article 34 , after the expiry of the three month period following the entry into force of this regulation and until the expiry of one year following the entry into force of this regulation , the reference period shall be the period which has elapsed since the entry into force of this regulation . ### by way of derogation from article 34 , after the entry into force of this regulation and until the expiry of one year following the entry into force of this regulation , the reference period shall be the period which has elapsed since the entry into force of this regulation .


### the allocation mechanism referred to in this chapter shall be applied for the benefit of a member state , where that member state is confronted with a disproportionate number of applications for international protection for which it is the member state responsible under this regulation . ### the allocation mechanism referred to in this chapter shall be applied for all the applications for which a member state responsible could not be determined according to the criteria set out in chapter iii and iv of this regulation , and also in the cases in which article 24a applies .


### the commission shall , by means of implementing acts , draw up a common leaflet , as well as a specific leaflet for unaccompanied minors , containing at least the information referred to in paragraph 1 of this article . this common leaflet shall also include information regarding the application of regulation [ proposal for a regulation recasting regulation no 603 / 2013 ] and , in particular , the purpose for which the data of an applicant may be processed within eurodac . the common leaflet shall be established in such a manner as to enable member states to complete it with additional member state - specific information . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 56 of this regulation . ### the european union agency for asylum shall , in close cooperation with the responsible national agencies , draw up common information material containing at least the information referred to in paragraph 1 of this article . that common information material shall also include information regarding the application of regulation [ proposal for a regulation recasting regulation no 603 / 2013 ] and , in particular , the purpose for which the data of an applicant may be processed within eurodac . the common information material shall be established in such a manner as to enable member states to complete it with additional member state - specific information . the european union agency for asylum shall create specific information material intended particularly for the following target groups : adult applicants ; unaccompanied minors ; accompanied minors . specific information material should be developed for cases where the corrective allocation mechanism applies and when the ordinary procedures under this regulation apply .


### 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 first has lodged his or her application for international protection , unless it is demonstrated that this is not in the best interests of the minor . ### 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 not in the best interests of the minor on the basis of the multidisciplinary best interests assessment conducted in accordance with article 8 . prior to such a determination the applicant shall be allowed to avail himself or herself of the procedures referred to in article 19 .


### where the outcome of the security verification confirms that the applicant may for serious reasons be considered a danger to the national security or public order , the benefitting member state of application shall be the member state responsible and shall examine the application in accelerated procedure pursuant to article 31 of directive 2013 / 32 / eu . ### where the outcome of the security verification confirms that the applicant may for serious reasons be considered a danger to the national security or public order , the benefitting member state of application shall be the member state responsible and may examine the application in accelerated procedure pursuant to article 31 of directive 2013 / 32 / eu .


### by [ 18 months after entry into force ] and from then on annually , the commission shall review the functioning of the corrective allocation mechanism set out in chapter vii of this regulation and in particular the thresholds set out in article 34 and article 43 thereof . ### by [ 18 months after entry into force ] and from then on annually , the commission shall review the functioning of the allocation mechanism set out in chapter vii of this regulation .


### each member state where an unaccompanied minor is obliged to be present shall ensure that a representative represents and / or assists the unaccompanied minor with respect to the relevant procedures provided for in this regulation . the representative shall have the qualifications 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 leaflet for unaccompanied minors . ### each member state where an unaccompanied minor is present shall ensure that a guardian represents and / or assists the unaccompanied minor with respect to all procedures provided for in this regulation . the guardian shall have the qualifications , expertise and independence to ensure that the best interests of the minor are taken into consideration during the procedures carried out under this regulation . such a guardian shall have access to the content of the relevant documents in the applicant ' s file including the specific information materials for unaccompanied minors . the guardian shall be appointed as soon as possible , but at the latest within five days from the making of the application .


### in order to facilitate the process of determining the member state responsible , the determining member state shall conduct a personal interview with the applicant , unless the applicant has absconded or the information provided by the applicant pursuant to article 4 is sufficient for determining the member state responsible . the interview shall also allow the proper understanding of the information supplied to the applicant in accordance with article 6 . ### in order to facilitate the process of determining the member state responsible , the determining member state shall conduct a personal interview with the applicant . the interview shall also allow the proper understanding of the information supplied to the applicant in accordance with article 6 .


### in accordance with article 80 of the treaty , union acts should , whenever necessary , contain appropriate measures to give effect to the principle of solidarity . a corrective allocation mechanism should be established in order to ensure a fair sharing of responsibility between member states and a swift access of applicants to procedures for granting international protection in situations when a member state is confronted with a disproportionate number of applications for international protection for which it is responsible under this regulation . ### in accordance with article 80 of the treaty , union acts should , whenever necessary , contain appropriate measures to give effect to the principle of solidarity . a voluntary corrective allocation mechanism should be established in order to ensure a fair sharing of responsibility between member states and a swift access of applicants to procedures for granting international protection in situations when a member state is confronted with a disproportionate number of applications for international protection for which it is responsible under this regulation .


### the member state with which the application is lodged shall search the vis pursuant to article 21 of regulation 767 / 2008 . where a hit in the vis indicates that the applicant is in possession of a valid visa or a visa expired less than six months before lodging the first application , the member state shall indicate the visa application number and the member state , the authority of which issued or extended the visa and whether the visa has been issued on behalf of another member state . ### the member state with which the application is lodged shall search the vis pursuant to article 21 of regulation 767 / 2008 . where a hit in the vis indicates that the applicant is in possession of a valid visa before lodging the first application , the member state shall indicate the visa application number and the member state , the authority of which issued or extended the visa and whether the visa has been issued on behalf of another member state .


### before transferring an unaccompanied minor to the member state responsible or , where applicable , to the member state of allocation , the transferring member state shall make sure that the member state responsible or the member state of allocation takes the measures referred to in articles 14 and 24 of directive 2013 / 33 / eu and article 25 of directive 2013 / 32 / eu 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 3 . 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 . ### any decision on the member state responsible or , where applicable , on the member state of allocation concerning an unaccompanied minor shall be preceded by a multidisciplinary assessment of his / her best interests , carried out by the competent judicial or administrative authorities according to the national law of the member state . the assessment shall be based on the factors listed in paragraph 3 and the conclusions of the assessment on each of the factors shall be clearly stated in the decision on responsibility . the multidisciplinary assessment shall involve competent staff with expertise in child rights , psychology and development and shall involve , at a minimum , the minor ' s guardian and legal advisor or counsellor . before any transfer of an unaccompanied minor , the transferring member state shall make sure that the member state responsible or the member state of allocation takes the measures referred to in articles 14 and 24 of directive 2013 / 33 / eu and article 25 of directive 2013 / 32 / eu without delay .


### 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 . this summary may either take the form of a report or a standard form . the member state shall ensure that the applicant and / or the legal advisor or other counsellor who is representing the applicant have timely access to the summary . ### 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 . this summary may either take the form of a report or a standard form . the member state shall ensure that the applicant and / or the guardian , the legal advisor or counsellor who is representing the applicant have access to the summary as soon as possible after the interview , and in any case before a transfer decision is taken .


### in a situation referred to in point of paragraph 1 , the member state responsible shall examine or complete the examination of the application for international protection . ### in a situation referred to in point or of paragraph 1 , the member state responsible shall examine or complete the examination of the application for international protection .


### 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 first has lodged his or her application for international protection , unless it is demonstrated that this is not in the best interests of the minor . ### in the absence of a family member or a relative as referred to in paragraphs 2 and 3 , and if no other criteria set out in chapter iii and iv apply , including articles 19 and 20 , the member state responsible shall be determined by the allocation mechanism set out in chapter vii , provided that the minor should be always granted the choice among the member states of possible allocation according to article 36c . any decision on the member state responsible should be preceded by a multidisciplinary assessment of the best interests of the minor , including in case of allocation .


### for the purpose of applying article 10 , the member state where the unaccompanied minor lodged an application for international protection 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 . ### for the purpose of applying articles 10 and 19 , the member state where the unaccompanied minor made an application for international protection shall , as soon as possible , take appropriate action to identify the family members , relatives or any other family relations of the unaccompanied minor on the territory of member states , whilst protecting the best interests of the child .


### - 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 , ### - the sons and daughters 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 ,


### the costs necessary to transfer an applicant or another person as referred to in article 20 , or to the member state responsible shall be met by the transferring member state . ### the costs necessary to transfer an applicant or another person as referred to in article 20 , or to the member state responsible shall be met by the general budget of the union .


### in order to assess whether the corrective allocation mechanism in this regulation is meeting the objective of ensuring a fair sharing of responsibility between member states and of relieving disproportionate pressure on certain member states , the commission should review the functioning of the corrective allocation mechanism and in particular verify that the threshold for the triggering and cessation of the corrective allocation effectively ensures a fair sharing of responsibility between the member states and a swift access of applicants to procedures for granting international protection in situations when a member state is confronted with a disproportionate number of applications for international protection for which it is responsible under this regulation . ### in order to assess whether the allocation mechanism in this regulation is meeting the objective of ensuring a fair sharing of responsibility between member states and of relieving disproportionate pressure on certain member states , the commission should review the functioning of the allocation mechanism and in particular verify that the allocation effectively ensures a fair sharing of responsibility between the member states and a swift access of applicants to procedures for granting international protection .


### assuming responsibility by a member state for examining an application lodged with it in cases when such examination is not its responsibility under the criteria laid down in this regulation may undermine the effectiveness and sustainability of the system and should be exceptional . therefore , a member state should be able to derogate from the responsibility criteria only on humanitarian grounds , in particular for family reasons , before a member state responsible has been determined and examine an application for international protection lodged with it or with another member state , even if such examination is not its responsibility under the binding criteria laid down in this regulation . ### a member state should be able to derogate from the responsibility criteria and examine an application for international protection lodged with it or with another member state , even if such examination is not its responsibility under the binding criteria laid down in this regulation . in order to counter the phenomenon of secondary movements and encourage asylum seekers to apply promptly in the first member state of arrival , an applicant should be allowed to make a written , duly motivated request , in particular on the basis of his or her extended family , cultural or social ties or language skills which would facilitate his or her integration into a specific member state , for his or her application to be examined by the member state where the application was lodged , or for that member state to request another member state to assume responsibility .


### the member state responsible shall be that where a family member of the unaccompanied minor is legally present , provided that it 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 . ### the member state responsible shall be that where a family member of the unaccompanied minor is legally present , unless it is demonstrated that this is not in the best interests of the minor . where the applicant is a minor , the member state responsible shall be the member state where the father , mother , grandparent or other adult responsible for the minor , whether by law or by the practice of that member state , or sibling is legally present .


### the commission shall , by means of implementing acts , draw up a common leaflet , as well as a specific leaflet for unaccompanied minors , containing at least the information referred to in paragraph 1 of this article . this common leaflet shall also include information regarding the application of regulation [ proposal for a regulation recasting regulation no 603 / 2013 ] and , in particular , the purpose for which the data of an applicant may be processed within eurodac . the common leaflet shall be established in such a manner as to enable member states to complete it with additional member state - specific information . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 56 of this regulation . ### the european union agency for asylum shall , in close cooperation with the responsible national agencies , draw up common information material containing at least the information referred to in paragraph 1 of this article . that common information material shall also include information regarding the application of regulation [ proposal for a regulation recasting regulation no 603 / 2013 ] and , in particular , the purpose for which the data of an applicant may be processed within eurodac . the common information material shall be established in such a manner as to enable member states to complete it with additional member state - specific information . the european union agency for asylum shall create specific information material intended particularly for the following target groups : adult applicants ; unaccompanied minors ; accompanied minors . specific information material should be developed for cases where the corrective allocation mechanism applies and when the ordinary procedures under this regulation apply .


### 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 iii indicate is responsible . ### 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 member state , which shall be the one which the criteria set out in chapter iii , iv and vii indicate is responsible .


### an applicant who is present in another member state without a residence document or who there lodges an application for international protection after withdrawing his or her first application made in a different member state during the process of determining the member state responsible shall be taken back , under the conditions laid down in articles 26 and 30 , by the member state with which that application for international protection was first lodged . ### an applicant who is present in another member state without a residence document or who there lodges an application for international protection after withdrawing his or her first application made in a different member state during the process of determining the member state responsible shall be taken back , under the conditions laid down in articles 26 and 30 , by the member state with which that application for international protection was first lodged , with a view to completing the process of determining the member state responsible . that obligation shall cease where the member state requested to complete the process of determining the member state responsible can establish that the applicant has in the meantime left the territory of the member states for a period of at least three months or has obtained a residence document from another member state . an application lodged after the period of absence referred to in the second subparagraph shall be regarded as a new application giving rise to a new procedure for determining the member state responsible .


### when the allocation mechanism applies , the applicants who lodged their applications in the benefitting member state should be allocated to member states which are below their share of applications on the basis of the reference key as applied to those member states . appropriate rules should be provided for in cases where an applicant may for serious reasons be considered a danger to national security or public order , especially rules as regards the exchange of information between competent asylum authorities of member states . after the transfer , the member state of allocation should determine the member state responsible , and should become responsible for examining the application , unless the overriding responsible criteria , related in particular to the presence of family members , determine that a different member state should be responsible . ### when the allocation mechanism applies , the applicants who lodged their applications in the determining member state should be allocated to member states which are below their share of applications on the basis of the reference key as applied to those member states . appropriate rules should be provided for in cases where an applicant may for serious reasons be considered a danger to national security or public order , especially rules as regards the exchange of information between competent asylum authorities of member states . after the transfer the member state of allocation should examine the application , unless new elements demonstrates that another member state should be responsible according to the criteria set out in chapter iii and iv of this regulation , and in particular those related to the presence of family members .


### in order to assess whether the corrective allocation mechanism in this regulation is meeting the objective of ensuring a fair sharing of responsibility between member states and of relieving disproportionate pressure on certain member states , the commission should review the functioning of the corrective allocation mechanism and in particular verify that the threshold for the triggering and cessation of the corrective allocation effectively ensures a fair sharing of responsibility between the member states and a swift access of applicants to procedures for granting international protection in situations when a member state is confronted with a disproportionate number of applications for international protection for which it is responsible under this regulation . ### in order to assess whether the corrective allocation mechanism in this regulation is meeting the objective of ensuring a fair sharing of responsibility between member states and of relieving disproportionate pressure on certain member states , the commission should review the functioning of the corrective allocation mechanism and in particular verify that the mechanism effectively ensures a fair sharing of responsibility between the member states and a swift access of applicants to procedures for granting international protection .


### of the personal interview pursuant to article 7 and the obligation of submitting and substantiating information regarding the presence of family members , relatives or any other family relations in the member states , including the means by which the applicant can submit such information ; ### of the purpose of the personal interview pursuant to article 7 as well as what information the applicant will be asked to submit for the purpose of determining responsibility , including for the application of the discretionary clause ;


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


### where the transfer cannot be made pursuant to this paragraph to any member state designated on the basis of the criteria set out in chapter iii or to the first member state with which the application was lodged , the determining member state shall become the member state responsible . ### where the transfer cannot be made pursuant to this paragraph to any member state designated on the basis of the criteria set out in chapter iii , the member state responsible shall be determined by the allocation mechanism pursuant to chapter vii .


### 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 . this summary may either take the form of a report or a standard form . the member state shall ensure that the applicant and / or the legal advisor or other counsellor who is representing the applicant have timely access to the summary . ### 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 . this summary may either take the form of a report or a standard form . the member state shall ensure that the applicant and / or the guardian , the legal advisor or counsellor who is representing the applicant have access to the summary as soon as possible after the interview , and in any case before a transfer decision is taken .


### where the applicant is in possession of a valid residence document or a residence document which has expired less than two years before lodging the first application , the member state which issued the document shall be responsible for examining the application for international protection . ### where the applicant is in possession of a valid residence document or a residence document which has expired before lodging the first application , the member state which issued the document shall be responsible for examining the application for international protection .


### 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 . where necessary , member states shall have recourse to an interpreter who is able to ensure appropriate communication between the applicant and the person conducting the personal interview . ### the personal interview shall be conducted in a language that the applicant understands and in which he or she is able to communicate . interviews with minors shall be conducted in a child - friendly manner in the presence of the guardian and , where applicable , the legal advisor or counsellor . where necessary , member states shall have recourse to a qualified interpreter who is able to ensure appropriate communication between the applicant and the person conducting the personal interview .


### each member state where an unaccompanied minor is obliged to be present shall ensure that a representative represents and / or assists the unaccompanied minor with respect to the relevant procedures provided for in this regulation . the representative shall have the qualifications 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 leaflet for unaccompanied minors . ### each member state where an unaccompanied minor is present shall ensure that a guardian represents and / or assists the unaccompanied minor with respect to all procedures provided for in this regulation . the guardian shall have the qualifications and expertise to ensure that the best interests of the minor are taken into consideration during the procedures carried out under this regulation . such a guardian shall have access to the content of the relevant documents in the applicant’s file including the specific information material for unaccompanied minors . the guardian shall be appointed as soon as possible , but at the latest within five days from the date of the making of the application .


### in order to guarantee effective protection of the rights of the persons concerned , legal safeguards and the right to an effective remedy in respect of decisions regarding transfers to the member state responsible should be established , in accordance , in particular , with article 47 of the charter of fundamental rights of the european union . an effective remedy should also be provided in situations when no transfer decision is taken but the applicant claims that another member state is responsible on the basis that he has a family member or , for unaccompanied minors , a relative in another member state . in order to ensure that international law is respected , an effective remedy against such decisions should cover both the examination of the application of this regulation and of the legal and factual situation in the member state to which the applicant is transferred . the scope of the effective remedy should be limited to an assessment of whether applicants ' fundamental rights to respect of family life , the rights of the child , or the prohibition of inhuman and degrading treatment risk to be infringed upon . ### in order to guarantee effective protection of the rights of the persons concerned , legal safeguards and the right to an effective remedy in respect of decisions regarding transfers to the member state responsible should be established , in accordance , in particular , with article 47 of the charter of fundamental rights of the european union . an effective remedy should also be provided in situations when no transfer decision is taken but the applicant claims that another member state is responsible on the basis that he has a family member or , for unaccompanied minors , a relative in another member state , provided that such a transfer is in the best interests of the child . in order to ensure that international law is respected , an effective remedy against such decisions should cover both the examination of the application of this regulation and of the legal and factual situation in the member state to which the applicant is transferred .


### by way of derogation from article 34 , during the first three months after entry into force of this regulation , the corrective allocation mechanism shall not be triggered . by way of derogation from article 34 , after the expiry of the three month period following the entry into force of this regulation and until the expiry of one year following the entry into force of this regulation , the reference period shall be the period which has elapsed since the entry into force of this regulation . ### by way of derogation from article 34 , after the entry into force of this regulation and until the expiry of one year following the entry into force of this regulation , the reference period shall be the period which has elapsed since the entry into force of this regulation .


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


### in order to ensure that the aims of this regulation are achieved and obstacles to its application are prevented , in particular in order to avoid absconding and secondary movements between member states , it is necessary to establish clear obligations to be complied with by the applicant in the context of the procedure , of which he or she should be duly informed in a timely manner . violation of those legal obligations should lead to appropriate and proportionate procedural consequences for the applicant and to appropriate and proportionate consequences in terms of his or her reception conditions . in line with the charter of fundamental rights of the european union , the member state where such an applicant is present should in any case ensure that the immediate material needs of that person are covered . ### in order to ensure that the aims of this regulation are achieved and its swift implementation , procedures should be put in place to ensure the cooperation of applicants and member states , with a clear system of incentives and disincentives to ensure compliance . it is also necessary to ensure that all applicants are appropriately informed of the application of this regulation . the support and protection of minors , in particular unaccompanied minors , should be strengthened


### ‘ resettled person’ means a person subject to the process of resettlement whereby , on a request from the united nations high commissioner for refugees based on a person’s need for international protection , third - country nationals are transferred from a third country and established in a member state where they are permitted to reside with one of the following statuses : ### ' resettled person ' means a person subject to a process of resettlement whereby , on a request based on a person ' s need for international protection by the united nations high commissioner for refugees or by other entities or sponsors having concluded a dedicated agreement with the relevant members state ' s authorities , third - country nationals are transferred from a third country and established in a member state where they are permitted to reside with one of the following statuses :


### in order to provide for supplementary rules , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of the identification of family members or relatives of an unaccompanied minor ; the criteria for establishing the existence of proven family links ; the criteria for assessing the capacity of a relative to take care of an unaccompanied minor , including where family members , siblings or relatives of the unaccompanied minor stay in more than one member state ; the elements for assessing a dependency link ; the criteria for assessing the capacity of a person to take care of a dependent person and the elements to be taken into account in order to assess the inability to travel for a significant period of time . in exercising its powers to adopt delegated acts , the commission shall not exceed the scope of the best interests of the child as provided for under article 8 of this regulation . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law - making of 13 april 2016 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and council receive all documents at the same time as member states ' experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts . . ### in order to provide for supplementary rules , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of the periodicity and modalities for providing information to applicants on the status of the procedures under this regulation concerning them , the identification of family members , relatives or any other family relations of an unaccompanied minor ; the criteria for establishing the existence of proven family links ; the criteria for assessing the capacity of a relative to take care of an unaccompanied minor , including where family members , siblings or relatives of the unaccompanied minor stay in more than one member state ; the elements for assessing a dependency link ; the criteria for assessing the capacity of a person to take care of a dependent person ; and the elements to be taken into account in order to assess the inability to travel for a significant period of time . in exercising its powers to adopt delegated acts , the commission shall not exceed the scope of the best interests of the child as provided for under article 8 of this regulation . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law - making of 13 april 2016 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and council receive all documents at the same time as member states ' experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts .


### in order to ensure that the aims of this regulation are achieved and obstacles to its application are prevented , in particular in order to avoid absconding and secondary movements between member states , it is necessary to establish clear obligations to be complied with by the applicant in the context of the procedure , of which he or she should be duly informed in a timely manner . violation of those legal obligations should lead to appropriate and proportionate procedural consequences for the applicant and to appropriate and proportionate consequences in terms of his or her reception conditions . in line with the charter of fundamental rights of the european union , the member state where such an applicant is present should in any case ensure that the immediate material needs of that person are covered . ### in order to ensure that the aims of this regulation are achieved and obstacles to its application are prevented , in particular in order to avoid absconding and secondary movements between member states , it is necessary to establish clear obligations to be complied with by the applicant in the context of the procedure , of which he or she should be duly informed in a timely manner . violation of those legal obligations should lead to appropriate and proportionate procedural consequences for the applicant and to appropriate and proportionate consequences in terms of his or her reception conditions . in line with the charter of fundamental rights of the european union , the member state where such an applicant is present should in any case ensure that the immediate material needs of that person are covered . such restrictions in the reception conditions shall not apply to vulnerable groups , such as unaccompanied minors and families with children .


### by [ 18 months after entry into force ] and from then on annually , the commission shall review the functioning of the corrective allocation mechanism set out in chapter vii of this regulation and in particular the thresholds set out in article 34 and article 43 thereof . ### by [ 18 months after entry into force ] and from then on annually , the commission shall review the functioning of the allocation mechanism set out in chapter vii of this regulation .


### - when 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 , ### - if the applicant or beneficiary of international protection is a minor , the mother , the father or another adult responsible for him or her whether by law or by the practice of the member state where the adult or beneficiary of international protection is present ,


### each member state where an unaccompanied minor is obliged to be present shall ensure that a representative represents and / or assists the unaccompanied minor with respect to the relevant procedures provided for in this regulation . the representative shall have the qualifications 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 leaflet for unaccompanied minors . ### each member state where an unaccompanied minor is present shall ensure that a guardian represents and / or assists the unaccompanied minor with respect to all procedures provided for in this regulation . the guardian shall have the qualifications , expertise and independence to ensure that the best interests of the minor are taken into consideration during the procedures carried out under this regulation . such a guardian shall have access to the content of the relevant documents in the applicant ' s file including the specific information materials for unaccompanied minors . the guardian shall be appointed as soon as possible , but at the latest within five days from the making of the application .


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


### safety and security considerations , in particular where there is a risk of the minor being a victim of human trafficking ; ### 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 ;


### the authorities referred to in paragraph 1 shall receive the necessary training with respect to the application of this regulation . ### the authorities referred to in paragraph 1 shall receive the necessary regular training with respect to the application of this regulation , including as regards the operating procedures for gathering relevant information and assessing the best interests of the child . member states shall ensure the availability of specially trained staff , or specialized support services for staff , dedicated to the assessment of the best interests of the child in cases involving unaccompanied minors .