### 1. urges the eu institutions to address intersectional forms of discrimination in eu anti-discrimination and gender equality legislation and policies; ### 1. urges the eu institutions to address intersectional forms of discrimination in eu anti-discrimination and gender equality legislation and policies; suggests to the european court of justice to take in due consideration in its reasoning the intersectional approach , in order to better protect those who are particularly at risk;


### 2. stresses the importance of taking into account the specific experience of women victims of intersectional discrimination in the design , implementation and evaluation of asylum , migration and integration policies; ### 2. stresses the importance of taking into account the specific experience of women victims of intersectional discrimination in the design , implementation and evaluation of asylum , migration and integration policies; calls on the eu’s anti-racism coordinator and other coordinators active in this field to implement this task , in close cooperation with civil society organisations , academia and research while exploring new perspectives on the topic; asks for best practices and specific training in this area to be disseminated in all public and private institutions in order to reach a wider public , and enforced , whenever possible; welcomes the different recent strategies from the commission in this field , and in particular both the eu lgbtiq equality strategy 2020-2025 and the eu gender equality strategy 2020-2025 , which take into consideration this problematic;


### 3. calls on forthcoming presidencies of the council to make equal treatment and the fight against discrimination a key priority and to adopt without delay the anti-discrimination directive; stresses that this directive presents a unique opportunity to address intersectional discrimination in fields other than employment and occupation; ### 3. calls on forthcoming presidencies of the council to make equal treatment and the fight against discrimination a key priority and to adopt without delay the horizontal anti-discrimination directive; stresses that this directive presents a unique opportunity to address intersectional discrimination in fields other than employment and occupation; calls on the council to establish a council configuration on gender equality and equality to properly discuss the abovementioned topics in a permanent forum;


### 4. calls on the member states to collect equality data disaggregated by gender , racial and ethnic origin , sexual orientation and identity based on voluntary participation , self-identification and informed consent , while protecting anonymity and confidentiality and respecting the key principles of data protection and fundamental rights. ### 4. calls on the member states to collect equality data disaggregated by gender , racial and ethnic origin , sexual orientation and identity based on voluntary participation , self-identification and informed consent , while protecting anonymity and confidentiality and respecting the key principles of data protection and fundamental rights; supports the work of the fundamental rights agency in analysing this data and welcomes further developments in this field , in line with its new mandate;


### (16) it is particularly important that the protection of personal data , in accordance with union law , is ensured in connection to all exchanges of information under this directive. to that aim , the rules of this directive should be aligned with directive (eu) 2016/680 of the european parliament and of the council60 . in particular , it should be specified that any personal data exchanged by single points of contacts and law enforcement authorities is to remain limited to the categories of data listed in section b point 2 , of annex ii to regulation (eu) 2016/794 of the european parliament and of the council61 . furthermore , as far as possible , any such personal data should be distinguished according to their degree of accuracy and reliability , whereby facts should be distinguished from personal assessments , in order to ensure both the protection of individuals and the quality and reliability of the information exchanged. if it appears that the personal data are incorrect , they should be rectified or erased without delay. such rectification or erasure , as well as any other processing of personal data in connection to the activities under this directive , should be carried out in compliance with the applicable rules of union law , in particular directive (eu) 2016/680 and regulation (eu) 2016/679 of the european parliament and of the council62 , which rules this directive leaves unaffected. ### (16) it is particularly important that the protection of personal data , in accordance with union law , is ensured in connection to all exchanges of information under this directive. to that aim , the rules of this directive should be aligned with directive (eu) 2016/680 of the european parliament and of the council60 . in particular , it should be specified that any personal data exchanged by single points of contacts and law enforcement authorities is to remain limited to the categories of data listed in section b point 2 , of annex ii to regulation (eu) 2016/794 of the european parliament and of the council61 , while also taking into consideration the different categories of data subjects. furthermore , as far as possible , any such personal data should be distinguished according to their degree of accuracy and reliability , whereby facts should be distinguished from personal assessments , in order to ensure both the protection of individuals and the quality and reliability of the information exchanged. if it appears that the personal data are incorrect , they should be rectified or erased without delay. such rectification or erasure , as well as any other processing of personal data in connection to the activities under this directive , should be carried out in compliance with the applicable rules of union law , in particular directive (eu) 2016/680 , which rules this directive leaves unaffected.


### (18) the further development of the european union agency for law enforcement cooperation (europol) as the union’s criminal information hub is a priority. that is why , when information or any related communications are exchanged , irrespective of whether that is done pursuant to a request for information submitted to a single point of contact or law enforcement authority , or on their own-imitative , a copy should be sent to europol , however only insofar as it concerns offences falling within the scope of the objectives of europol. in practice , this can be done through the ticking by default of the corresponding siena box. ### (18) the further development of the european union agency for law enforcement cooperation (europol) as the union’s criminal information hub is a priority. that is why , when information or any related communications are exchanged , irrespective of whether that is done pursuant to a request for information submitted to a single point of contact or law enforcement authority , or on their own-imitative , a copy should be sent to europol , however only insofar as it concerns offences falling within the scope of the objectives of europol.


### 1. this directive establishes rules for the exchange of information between the law enforcement authorities of the member states where necessary for the purpose of preventing , detecting or investigating criminal offences. ### 1. this directive establishes rules for the exchange of information between the competent law enforcement authorities of the member states , where necessary and proportionate , for the purpose of preventing , detecting or investigating criminal offences.


### requests for information submitted to the single points of contact established or designated by the member states , in particular on the content of such requests , mandatory time limits for providing the requested information , reasons for refusals of such requests and the channel of communication to be used in connection to such requests; ### requests for information submitted to the single points of contact established or designated by the member states , in particular on the content of such requests , mandatory time limits for providing the requested information , reasons for refusals of such requests and the channel of communication to be used;


### the own-initiative provision of relevant information to single points of contact or to the law enforcement authorities of other member states , in particular the situations and the manner in which such information is to be provided; ### the own-initiative provision of relevant information to single points of contact or to the competent law enforcement authorities of other member states , in particular the situations and the manner in which such information is to be provided;


### the channel of communication to be used for all exchanges of information and the information to be provided to the single points of contact in relation to exchanges of information directly between the law enforcement authorities of the member states; ### the channel of communication to be used for all exchanges of information and the information to be provided to the single points of contact in relation to exchanges of information directly between the competent law enforcement authorities of the member states;


### the establishment , tasks , composition and capabilities of the single point of contact , including on the deployment of a single electronic case management system for the fulfilment of its tasks. ### the establishment , tasks , composition and capabilities of the single point of contact , including on the deployment of a single electronic case management system for the fulfilment of its tasks under this directive.


### 2. this directive shall not apply to exchanges of information between the law enforcement authorities of the member states for the purpose of preventing , detecting or investigating criminal offences that are specifically regulated by other acts of union law. ### 2. this directive shall not apply to exchanges of information between the competent law enforcement authorities of the member states for the purpose of preventing , detecting or investigating criminal offences that are specifically regulated by other acts of union law.


### obtain information by means of coercive measures , taken in accordance with national law , for the purpose of providing it to the law enforcement authorities of other member states; ### obtain information by means of coercive measures for the purpose of providing it to the competent law enforcement authorities of other member states;


### store information for the purpose referred to in point (a); ### store any information for the purpose referred to in point (a);


### provide information to the law enforcement authorities of other member states to be used as evidence in judicial proceedings ### provide information to the competent law enforcement authorities of other member states to be used as evidence in judicial proceedings


### (1) 'law enforcement authority' means any authority of the member states competent under national law for the purpose of preventing , detecting or investigating criminal offences; ### (1) 'competent law enforcement authority' means any authority of the member states competent under national law to enforce the law and to take coercive measures , for the purpose of preventing , detecting or investigating criminal offences;


### (6) ‘personal data’ means personal data as defined in article 4 , point (1) of regulation (eu) 2016/679. ### (6) ‘personal data’ means personal data as defined in article 3 , point (1) of directive (eu) 2016/680.


### necessary in order to protect a person’s vital interests which are at imminent risk; ### necessary in order to prevent an imminent threat to life of a person;


### at imminent risk of losing relevance if not provided urgently. ### in exceptional cases , at imminent risk of losing relevance if not provided urgently and the information is considered vitally important.


### 3. member states shall ensure that their single point of contact immediately requests additional clarifications needed to process a request for information that otherwise would have to be refused from the single point of contact or , where applicable , the law enforcement authority of the requesting member state. ### 3. member states shall ensure that their single point of contact immediately requests additional clarifications , where needed , in order to be able to process a request for information that otherwise would have to be refused from the single point of contact or , where applicable , the law enforcement authority of the requesting member state.


### the categories of personal data provided remain limited to those listed in section b , point 2 , of annex ii to regulation (eu) 2016/794; ### the categories of personal data provided per category of data subject , remain limited to those listed in section b , point 2 , of annex ii to regulation (eu) 2016/794 , and limited to what is necessary and proportionate to respond to the request;


### member states shall ensure that , where their single point of contact or their law enforcement authorities send requests for information , provide information pursuant to such requests , provide information on their own initiative or send other communications relating thereto under chapters ii and iii , they also send , at the same time , a copy thereof to europol , insofar as the information to which the communication relates concerns offences falling within the scope of the objectives of europol in accordance with regulation (eu) 2016/794. ### member states shall ensure that , where their single point of contact or their law enforcement authorities send requests for information , provide information pursuant to such requests , provide information on their own initiative or send other communications relating thereto under chapters ii and iii , they also assess , on a case-by-case basis , whether to send a copy thereof to europol , insofar as the information to which the communication relates concerns offences falling within the scope of the objectives of europol in accordance with regulation (eu)2016/794. member states shall also ensure that any possible restrictions pursuant to article 19 of regulation (eu)2016/794 , are duly communicated to europol.


### 3. member states shall ensure that any personal data processed by their single point of contact are contained in the case management system only for as long as is necessary and proportionate for the purposes for which the personal data are processed and are subsequently irrevocably deleted. ### 3. member states shall ensure that any personal data processed by their single point of contact is processed according to directive(eu) 2016/680 and the personal data contained in the case management system is processed only for the time necessary to provide the information as stipulated by article 5 and are subsequently irrevocably deleted.


### — having regard to the establishment in june 2016 of the eu high level group on combating racism , xenophobia and other forms of intolerance , ### — having regard to the establishment in june 2016 of the eu high level group on combatting hate speech and hate crime;


### — having regard to the commission communication of 3 march 2021 entitled ‘union of equality: strategy for the rights of persons with disabilities 2021-2030’ (com(2021)0101) , ### — having regard to the commission communication of 3 march 2021 entitled ‘union of equality: strategy for the rights of persons with disabilities 2021-2030’ (com(2021)0101) , and the united nations convention on the rights of persons with disabilities ratified by the eu and all its member states;


### e. whereas there are barriers to access justice for victims of racial discrimination; whereas equality bodies in the member states lack the human and financial resources and/or political will and independence to bridge this gap; ### e. whereas there are barriers to access justice for victims of racial discrimination; whereas equality bodies in many member states lack the human and financial resources and/or the necessary independence to bridge this gap , including because of insufficient political will;


### h. whereas the eu institutions need to take concrete steps to ensure sustainable changes towards a fully inclusive and respectful workplace; whereas discrimination is often multidimensional and only an intersectional approach can pave the way to sustainable changes; ### h. whereas the eu institutions need to take concrete steps to ensure sustainable changes towards a fully inclusive and respectful workplace; whereas discrimination is often multidimensional and only an intersectional approach can pave the way to sustainable changes , stemming from histories , policies and practices of racism deeply embedded in societal structures;


### 2. calls on the commission to assess the implementation of the current eu legal framework for combating discrimination , racism , xenophobia and other types of intolerance in order to determine how to improve it where needed , and to take part in a regular dialogue and exchange of best practices with member states and stakeholders; ### 2. calls on the commission to regularly assess the implementation of the current eu legal framework for combating discrimination , racism , xenophobia and other types of intolerance in order to determine how to improve it where needed , and to take part in a regular dialogue and exchange of best practices with member states and stakeholders;


### 4. calls on the member states to ensure the full implementation of the racial equality directive; condemns the fact that racial , ethnic , linguistic and religious minorities face structural racism , discrimination , hate crime and hate speech , a lack of access to justice , and sustained socioeconomic inequalities in areas such as housing , healthcare , employment and education , which need to be acknowledged as major barriers to full enjoyment of fundamental rights and key barriers to inclusion and equality; ### 4. calls on the member states to ensure the full implementation of the racial equality directive;


### 5. regrets that 14 years after the adoption of the framework decision on racism and xenophobia , several member states have not yet fully and correctly transposed its provisions into national law; calls on the member states to put measures in place that encourage victims and witnesses to come forward and report hate crime , and strengthen the ability of national law enforcement systems to correctly identify and record it; ### 5. regrets that 14 years after the adoption of the framework decision on racism and xenophobia , several member states have not yet fully and correctly transposed its provisions into national law;


### 11. calls on all member states to adopt national action plans against racism and discrimination by the end of 2022 , as provided for in the eu anti-racism action plan; highlights the need to continue this eu action plan beyond 2025 and encourages the commission to begin this work before the end of its current mandate; ### 11. calls on all member states to adopt national action plans against racism and discrimination by the end of 2022 which take into account the historical roots of racism , as provided for in the eu anti-racism action plan; highlights the need to continue this eu action plan beyond 2025 and encourages the commission to begin this work before the end of its current mandate;


### 15. welcomes the commission’s appointment of the first anti-racism coordinator in 2021 and the continuous re-appointment since 2015 of the coordinator on combating anti-semitism and fostering jewish life; but deplores that the position of anti-muslim hatred coordinator has been left vacant since july 2021; ### 15. welcomes the commission’s appointment of the first anti-racism coordinator in 2021 and the continuous re-appointment since 2015 of the coordinator on combating anti-semitism and fostering jewish life; but deplores that the position of anti-muslim hatred coordinator has been left vacant since july 2021; demands the immediate appointment and reminds that these positions should be permanent and therefore coordinators should be sustained and supported financially;


### 16. underlines the need for a monitoring and accountability mechanism to ensure the effective application of eu anti-racism legislation and policy; ### 16. underlines the need for a monitoring and accountability mechanism to ensure the effective application of eu anti-racism legislation and policy; calls for the commission to initiate infringement proceedings swiftly against member states that are shown to be in breach;


### 17. calls for the systematic integration of issues related to anti-racism , discrimination and intersectionality into its annual reports on fundamental rights and the rule of law; calls for this dimension to be fully integrated and reflected in the final report of the panel of independent experts to be set up through the public procurement procedure requested by parliament’s bureau as part of the rule of law report; ### 17. calls for the systematic integration of issues related to anti-racism , discrimination and intersectionality into its annual reports on fundamental rights and the rule of law; including a summary of the situation of each member state as regards the implementation of the eu antiracism action plan; calls for this dimension to be fully integrated and reflected in the final report of the panel of independent experts to be set up through the public procurement procedure requested by parliament’s bureau as part of the rule of law report;


### 6. notes the budget implementation of 97% of commitment appropriations and of 71% of payment appropriations; underlines the carry over of 26% of the payment appropriations to 2022; observes that 83% of the payment transactions were carried out within the statutory time limit and that the average payment time was 21.1 days; ### 6. notes the budget implementation of 97% of commitment appropriations and of 71% of payment appropriations; underlines the carry over of 26% of the payment appropriations to 2022; observes that 83% of the payment transactions were carried out within the statutory time limit and that the average payment time was 21.1 days; underlines that 34% of the late payments were one day late and that 75% of the late payments were less than five days late; encourages eppo to reduce the delay for payments with the fully efficient use of electronic solutions which also would contribute to make the institutions more transparent and sustianable;


### 15. is aware that , in the context of the budgetary procedure , the eppo’s needs are communicated to the commission by 31 january for the following year; remarks that the outcome of the forecast exercise , material to the quantification of such needs , duly considers the estimated caseload (average number of incoming crime reports and of the investigations being launched , and level of maturity of the ongoing investigations); observes , however , that this forecast does not factor-in the impact of the deployment of the recovery and resilience facility (rrf) , which has brought an increase in the amount of available resources and of the risk of fraud and mismanagement; points out that an additional element of complexity in the quantification of the budgetary needs stems both from the mandatory nature of the eppo’s competence , which has no power of discretion when it comes to the expediency of investigations and prosecutions , and from the lack of fixed correlation between the number of investigations and their costs , that are very difficult to predict; ### 15. is aware that , in the context of the budgetary procedure , the eppo’s needs are communicated to the commission by 31 january for the following year; remarks that the outcome of the forecast exercise , material to the quantification of such needs , duly considers the estimated caseload (average number of incoming crime reports and of the investigations being launched , and level of maturity of the ongoing investigations); observes , however , that this forecast does not factor-in the impact of the deployment of the recovery and resilience facility (rrf) , which has brought an increase in the amount of available resources and of the risk of fraud and mismanagement; points out that an additional element of complexity in the quantification of the budgetary needs stems both from the mandatory nature of the eppo’s competence , which has no power of discretion when it comes to the expediency of investigations and prosecutions , and from the lack of fixed correlation between the number of investigations and their costs , that are very difficult to predict; underlines the need for eppo to be provided with sufficient resources and the required prerogatives to be able to perform its tasks successfully;


### 22. welcomes the fact that eppo is on the process of adopting a comprehensive business continuity plan; ### 22. welcomes the fact that eppo is on the process of adopting a comprehensive business continuity plan; stresses the importance of adopting as soon as possible the business continuity plan in order to avoid any disruptions in its business but also to be prepared against future tumultous events;


### 52. calls on the commission to promote the extension of the participation to the eppo by the other still non-participating member states and invites these countries to depart from approaches that could result in the creation of areas of immunity and privilege , and to adopt at least cooperation agreements that facilitate effectively the execution of the eppo’s activities; ### 52. calls on the commission to promote the extension of the participation to the eppo by the other still non-participating member states and invites these countries to depart from approaches that could result in the creation of areas of immunity and privilege , and to adopt at least cooperation agreements that facilitate effectively the execution of the eppo’s activities; encourages also eppo to find efficient and effective working arrangments with the five non-participating eu member states and to define how eppo can better cooperate with them;


### (1) the schengen area without border control at internal borders relies on the effective and efficient application by the member states of the schengen acquis. that acquis comprises measures in the area of external borders , compensatory measures for the absence of controls at internal borders and a strong monitoring framework , which together facilitate free movement and ensures a high level of security , justice and protection of fundamental rights , including the protection of personal data. ### (1) the schengen area without border control at internal borders relies on the effective and efficient application by the member states of the schengen acquis. that acquis comprises measures in the area of external borders , compensatory measures for the absence of controls at internal borders and a strong monitoring framework , which together ensure free movement and a high level of security , justice and protection of fundamental rights , including the protection of personal data.


### (4) in order to increase its effectiveness and efficiency , the schengen evaluation and monitoring mechanism should be enhanced. the revised evaluation and monitoring mechanism should aim at maintaining a high level of mutual trust among member states by guaranteeing that member states apply the schengen acquis effectively following the agreed common standards , fundamental principles and norms , thereby contributing to a well-functioning schengen area. ### (4) in order to increase its effectiveness and efficiency , the schengen evaluation and monitoring mechanism should be enhanced. the revised evaluation and monitoring mechanism should aim at maintaining a high level of mutual trust among member states by guaranteeing that member states apply the schengen acquis effectively following the agreed common standards , fundamental principles and norms , in order to ensure a well-functioning schengen area without internal border controls , in full respect for fundamental rights.


### (6) the evaluation and monitoring mechanism may cover all areas of the schengen acquis - present and future - except those where a specific evaluation mechanism already exists under union law. the evaluation and monitoring mechanism should encompass all relevant legislation and operational activities contributing to the functioning of schengen area. ### (6) the evaluation and monitoring mechanism should cover all areas of the schengen acquis - present and future - except those where a specific evaluation mechanism already exists under union law. as regards the issue of borders , the evaluation and monitoring mechanism should cover both the efficiency of border controls at external borders and the absence of border controls at internal borders. the evaluation and monitoring mechanism should encompass all relevant legislation and operational activities contributing to the functioning of an area without border control at internal borders.


### (7) the correct functioning of the authorities that apply the schengen acquis should be taken into account in all the evaluations in line with the european council conclusions of 1 and 2 march 2012. the evaluation should also cover the practices of private entities , such as airlines or external service providers , as far as they are involved in or affected by the implementation of the schengen acquis while cooperating with the member states. equally , given the increasing role of union bodies , offices and agencies in the implementation of the schengen acquis , the evaluation and monitoring mechanism should support the verification of the activities of these union bodies , offices and agencies in so far as they perform functions on behalf of the member states to assist in the operational application of provisions of the schengen acquis. verification of these activities in this regard should be embedded into the evaluation of the member states and carried out without prejudice to and in full respect of the responsibilities attributed to the commission and to the relevant governing bodies of the agencies , offices and bodies concerned by their establishing regulations and their own evaluation and monitoring procedures therein. should evaluations identify deficiencies in relation to functions fulfilled or supported by union bodies , offices and agencies , the commission should inform their relevant governing bodies. ### (7) the correct functioning of the authorities that apply the schengen acquis should be taken into account in all the evaluations in line with the european council conclusions of 1 and 2 march 2012. the evaluation should also cover the practices of private entities , such as airlines or external service providers , as far as they are involved in or affected by the implementation of the schengen acquis while cooperating with the member states. equally , given the increasing role of union bodies , offices and agencies in the implementation of the schengen acquis , the evaluation and monitoring mechanism should support the verification of the activities of these union bodies , offices and agencies in so far as they perform functions on behalf of the member states to assist in the operational application of provisions of the schengen acquis. verification of these activities in this regard should be embedded into the evaluation of the member states and carried out without prejudice to and in full respect of the responsibilities attributed to the commission and to the relevant governing bodies of the agencies , offices and bodies concerned by their establishing regulations and their own evaluation and monitoring procedures therein. should evaluations identify deficiencies in relation to functions fulfilled or supported by union bodies , offices and agencies , the commission should include this in the evaluation report and inform their relevant governing bodies.


### (14) unannounced visits , being one of the most effective tools to verify member states practices should , depending on their purpose , take place without prior notification to the member state concerned or with only short prior notification. unannounced visits without prior notification should take place for ‘investigative’ purposes in order to verify compliance with obligations under the schengen acquis , including , in response to indications as regards the emergence of systemic problems that could potentially have a significant impact on the functioning of the schengen area or to fundamental rights violations , in particular allegations of serious violations of fundamental rights at the external borders. in such cases , the provision of advance notice would defeat the objective of the visit. unannounced visits with a 24-hour advance notice should take place if the main purpose of the visit is to carry out a random check of the member state’s implementation of the schengen acquis. ### (14) unannounced visits , being one of the most effective tools to verify member states practices should , depending on their purpose , take place without prior notification to the member state concerned. unannounced visits without prior notification should take place for ‘investigative’ purposes in order to verify compliance with obligations under the schengen acquis , including , in response to indications as regards the emergence of systemic problems that could potentially have a significant impact on the functioning of the schengen area or to fundamental rights violations , in particular allegations of serious violations of fundamental rights at the external borders. in such cases , the provision of advance notice would defeat the objective of the visit. visits or evaluations at short-notice , with a 24-hour advance notice , should take place if the main purpose of the visit is to carry out a random check of the member state’s implementation of the schengen acquis.


### (16) evaluation and monitoring activities should be carried out by teams consisting of commission representatives and experts designated by member states. these representatives and experts should have appropriate qualifications , including a solid theoretical knowledge and practical experience. in order to ensure the participation of sufficient number of experienced experts in a faster and less burdensome way , a pool of experts should be established and maintained by the commission in close cooperation with the member states. the pool should be the primary source of experts for evaluation and monitoring activities. ### (16) evaluation and monitoring activities should be carried out by teams consisting of commission representatives and experts designated by member states. these representatives and experts should have appropriate qualifications , including a solid theoretical knowledge and practical experience , and have undertaken the appropriate training. in order to ensure the participation of sufficient number of experienced experts in a faster and less burdensome way , a pool of experts should be established and maintained by the commission in close cooperation with the member states. the pool should be the primary source of experts for evaluation and monitoring activities.


### (17) more flexibility should be provided as regards the size of the evaluation and monitoring teams in order to increase the efficiency and to reduce administrative burden. therefore , the commission should define and adapt the size of the teams depending on the needs and challenges related to each evaluation and monitoring activity. when setting up the teams , geographical balance and rotation should , to the extent possible , be ensured by the commission and account should be taken of the capacity of national administrations and the need for a variety of profiles. the principle of shared responsibility , predictability and the commitment taken when nominating experts to the pool implies that the experts invited for specific evaluations and their national authorities should respond positively to invitations; turning the invitations down should be duly justified on serious professional or personal grounds only. ### (17) more flexibility should be provided as regards the size of the evaluation and monitoring teams in order to increase the efficiency and to reduce administrative burden. therefore , the commission should define and adapt the size of the teams depending on the needs and challenges related to each evaluation and monitoring activity. when setting up the teams , geographical balance and rotation , and gender balance should , to the extent possible , be ensured by the commission and account should be taken of the capacity of national administrations and the need for a variety of profiles. the principle of shared responsibility , predictability and the commitment taken when nominating experts to the pool implies that the experts invited for specific evaluations and their national authorities should respond positively to invitations; turning the invitations down should be duly justified on serious professional or personal grounds only.


### (22) in addition , where evaluations identify a serious deficiency , specific provisions should apply to ensure the prompt adoption of remedial measures. given the risk posed by such deficiency , as soon as the evaluated member state is informed about a serious deficiency , the evaluated member state should start immediately implementing actions to remedy the deficiency including , where necessary , mobilising all available operational and financial means. remedial action should be subject to tighter deadlines and closer political scrutiny and monitoring throughout the process. in this regard , the commission should immediately inform the council and the european parliament when an evaluation establishes the existence of a serious deficiency and organise a ‘serious deficiency’ revisit no later than one year from the date of the evaluation to verify whether the member state has remedied the shortcomings concerned. the commission should present a revisit report to the council following the revisit. ### (22) in addition , where evaluations identify a serious deficiency , specific provisions should apply to ensure the prompt adoption of remedial measures. given the risk posed by such deficiency , as soon as the evaluated member state is informed about a serious deficiency , the evaluated member state should start immediately implementing actions to remedy the deficiency including , where necessary , mobilising all available operational and financial means. remedial action should be subject to tighter deadlines and closer political scrutiny and monitoring throughout the process. in this regard , the commission should immediately inform the council and the european parliament when an evaluation establishes the existence of a serious deficiency and report on any infringement proceedings that are ongoing or to be brought against the evaluated member state. the commission should also organise a ‘serious deficiency’ revisit no later than six months from the date of the evaluation to verify whether the member state has remedied the shortcomings concerned. the commission should present a revisit report to the council and the parliament following the revisit.


### (23) the identification of a serious deficiency requires a thorough case-by-case assessment on the basis of clear criteria regarding the nature , scale and potential impact of the problems , which may be different for each policy area. different key elements for the effective implementation of the schengen acquis and different combination of factors could lead to the classification of a finding as a serious deficiency. however , if it is considered that a shortcoming identified is or in a short-term has the potential of putting the overall functioning of the area without internal border control at risk , or have a significant negative impact on the rights of individuals , such shortcoming is to be regarded as a serious deficiency. where a serious deficiency in the carrying out of external border control is identified in an evaluation report , articles 21 and 29 of regulation (eu) 2016/399 of the european parliament and of the council37 may apply. ### (23) the identification of a serious deficiency requires a thorough case-by-case assessment on the basis of clear criteria regarding the nature , scale and potential impact of the problems , which may be different for each policy area. different key elements for the effective implementation of the schengen acquis and different combination of factors could lead to the classification of a finding as a serious deficiency. however , if it is considered that a shortcoming identified is or in a short-term has the potential of putting the overall functioning of the area without internal border control at risk , or have a significant negative impact on fundamental rights or the rights of individuals , such shortcoming is to be regarded as a serious deficiency. where a serious deficiency in the carrying out of external border control is identified in an evaluation report , articles 21 and 29 of regulation (eu) 2016/399 of the european parliament and of the council37 may apply.


### (26) it is essential and desirable that the european parliament and the council regularly hold discussions at political level in order to raise awareness of the importance of the implementation of the schengen acquis , hold member states who persistently breach the common rules accountable , and increase pressure on them to remedy the deficiencies identified. the commission should provide adequate input to facilitate these discussions including through the adoption of a comprehensive annual report covering the evaluations carried out during the previous year and state of implementation of recommendations , which would be part of the ‘state of schengen’ report. the european parliament is encouraged to adopt resolutions and the council should adopt conclusions to increase pressure on member states making insufficient progress. the ‘schengen forum’ , as a unique stage to discuss schengen at high level with representatives of the european parliament , member states and the commission should provide a platform for informal discussions aiming at better implementation of the schengen acquis. ### (26) it is essential and desirable that the european parliament and the council regularly hold discussions at political level in order to raise awareness of the importance of the implementation of the schengen acquis , hold member states who persistently breach the common rules accountable , and increase pressure on them to remedy the deficiencies identified. to that end , it is imperative that both institutions are fully and equally informed of all developments in the implementation of the schengen acquis in the member states. the commission should provide adequate input to facilitate these discussions including through the adoption of a comprehensive annual report covering the evaluations carried out during the previous year and state of implementation of recommendations , which would be part of the ‘state of schengen’ report. the european parliament is encouraged to adopt resolutions and the council should adopt conclusions to increase pressure on member states making insufficient progress. the ‘schengen forum’ , as a unique stage to discuss schengen at high level with representatives of the european parliament , member states and the commission should provide a platform for informal discussions aiming at better implementation of the schengen acquis.


### (28) the classification status of the evaluation and revisit reports should be determined in accordance with the applicable security rules set out in commission decision (eu , euratom) 2015/44438 . the evaluated member state should nevertheless retain the possibility to request the classification of all or parts of the report in accordance with the applicable security rules. ### (28) the classification status of the evaluation and revisit reports should be determined in accordance with the applicable security rules set out in commission decision (eu , euratom) 2015/44438 . the evaluated member state should in exceptional cases only retain the possibility to request the classification of all or parts of the report in accordance with the applicable security rules.


### 1. this regulation establishes an evaluation and monitoring mechanism for the purpose of ensuring that member states apply the schengen acquis effectively , thereby contributing to a well-functioning area without internal border controls. ### 1. this regulation establishes an evaluation and monitoring mechanism for the purpose of ensuring that member states apply the schengen acquis effectively , in order to ensure a well-functioning area without internal border controls , in full respect for fundamental rights.


### 1. this regulation establishes an evaluation and monitoring mechanism for the purpose of ensuring that member states apply the schengen acquis effectively , thereby contributing to a well-functioning area without internal border controls. ### 1. this regulation establishes a uniform evaluation and monitoring mechanism for the purpose of ensuring that member states apply the schengen acquis effectively , thereby contributing to a well-functioning area without internal border controls.


### 3. evaluations may cover all aspects of the schengen acquis and take into account the functioning of the authorities that apply the schengen acquis. ### 3. evaluations may cover all aspects of the schengen acquis , shall always include a fundamental rights assessment , and may take into account the functioning of the authorities that apply the schengen acquis.


### ‘unannounced evaluation’ means an evaluation , which is not included in the multiannual and annual evaluation programmes , to verify the application of the schengen acquis by one or more member states in one or more policy fields; ### ‘unannounced evaluation’ means an evaluation , which is not included in the multiannual and annual evaluation programmes , and which is carried out without any prior notice , to verify the application of the schengen acquis by one or more member states in one or more policy fields;


### ‘serious deficiency’ means one or more deficiencies which concern the effective application of key elements of the schengen acquis and which individually or in combination , have , or risk to have over time , a significant negative impact on the rights of individuals or on the functioning of the schengen area; ### ‘serious deficiency’ means one or more deficiencies which concern the effective application of key elements of the schengen acquis , including upholding the charter of fundamental rights of the european union , and which individually or in combination , have , or risk to have over time , a significant negative impact on freedom of movement , the rights of individuals , or on the functioning of the schengen area;


### 3. the member states and the commission shall cooperate fully at all stages of evaluations in order to ensure the effective implementation of this regulation. ### 3. the member states and the commission shall cooperate fully at all stages of evaluations in order to ensure the effective implementation of this regulation , while ensuring that the european parliament is kept fully informed of all substantive developments.


### they shall ensure that the commission and the teams carrying out evaluation and monitoring activities are able to perform their tasks effectively , in particular by granting the possibility to the commission and the teams to address directly relevant persons and by providing full and unimpeded access to all areas , premises and documents to which access has been requested , including national and internal guidelines and instructions , also classified ones. ### they shall ensure that the commission and the teams carrying out evaluation and monitoring activities are able to perform their tasks effectively , in particular by granting the possibility to the commission and the teams to address individually and directly relevant persons and by providing full and unimpeded access to all areas , premises and documents to which access has been requested , including national and internal guidelines and instructions , also classified ones.


### they shall ensure that the commission and the teams carrying out evaluation and monitoring activities are able to perform their tasks effectively , in particular by granting the possibility to the commission and the teams to address directly relevant persons and by providing full and unimpeded access to all areas , premises and documents to which access has been requested , including national and internal guidelines and instructions , also classified ones. ### they shall ensure that the commission and the teams carrying out evaluation and monitoring activities are able to perform their tasks effectively , in particular by granting the possibility to the commission and the teams to address directly relevant and responsible persons and by providing full and unimpeded access to all areas , premises and documents to which access has been requested , including national and internal guidelines and instructions , also classified ones.


### to evaluate practices at internal borders; ### to evaluate practices at internal borders , in particular where internal border controls have been in place for longer than four months;


### when it has grounds to consider that a member state is seriously neglecting its obligations under the schengen acquis including allegations of serious fundamental rights violations at the external borders. ### when it has grounds to consider that a member state is seriously neglecting its obligations under the schengen acquis , in particular allegations of serious fundamental rights violations at the external borders.


### evaluations and monitoring activities referred to in articles 4 and 5 may be carried out by means of announced or unannounced visits , and questionnaires or other remote methods. ### evaluations and monitoring activities referred to in articles 4 and 5 may be carried out by means of announced or unannounced visits , or visits at short-notice , and questionnaires or other remote methods where physical visits are not feasible or are unnecessary.


### 1. by 31 august each year , frontex shall submit to the commission and the member states a risk analysis in view to the annual evaluation programme referred to in article 13 of this regulation. ### 1. by 31 august each year , frontex shall submit to the commission , the member states , and the european parliament a risk analysis in view to the annual evaluation programme referred to in article 13 of this regulation.


### 2. the risk analysis referred to in paragraph 1 shall cover all relevant aspects related to integrated border management and it shall also contain recommendations for unannounced visits in the following year , irrespective of the order of member states to be evaluated each year , as established in the multiannual evaluation programme in accordance with article 12. ### 2. the risk analysis referred to in paragraph 1 shall cover all aspects of european integrated border management , as laid down in article 3(1) of regulation (eu) 2019/1896 , and include a fundamental rights component , and it shall also contain recommendations for unannounced visits in the following year , irrespective of the order of member states to be evaluated each year , as established in the multiannual evaluation programme in accordance with article 12.


### 1. the commission shall use the results of relevant mechanisms and instruments , including evaluation and monitoring activities of union bodies , offices and agencies which are involved in the implementation of the schengen acquis and of the european union agency for fundamental rights as well as of independent national monitoring mechanisms and bodies and other national quality control mechanisms in preparing the evaluation and monitoring activities , to improve awareness on the functioning of the schengen area and to avoid the duplication of efforts and conflicting measures. ### 1. the commission shall use the results of relevant mechanisms and instruments , including evaluation and monitoring activities of union bodies , offices and agencies which are involved in the implementation of the schengen acquis and of the european union agency for fundamental rights as well as of independent national monitoring mechanisms and bodies and other national quality control mechanisms in preparing the evaluation and monitoring activities , in determining the need for unannounced evaluation or evaluations at short-notice , to improve awareness on the functioning of the schengen area and to avoid the duplication of efforts and conflicting measures.


### 3. the commission may share with relevant national and union bodies , offices and agencies referred to in paragraph 1 in a secure and timely manner details of evaluation reports , action plans and updates on the implementation of the action plans. ### 3. the commission shall share with relevant national and union bodies , offices and agencies referred to in paragraph 1 in a secure and timely manner details of evaluation reports , action plans and updates on the implementation of the action plans.


### in the programming and implementation of the evaluations and monitoring activities , the commission shall take into account information provided by third parties , including independent authorities , non-governmental organisations and international organisations. ### in the programming and implementation of the evaluations and monitoring activities , in particular in determining the need for unannounced evaluations in accordance with article 4(2) and article 4(2a) , the commission shall take into account information provided by third parties , including independent authorities , non-governmental organisations and international organisations.


### 1. the commission , where appropriate after consulting the relevant union bodies , offices and agencies , shall establish a multiannual evaluation programme covering a period of seven years at least six months before the beginning of the following seven-year period. ### 1. the commission , after consulting the relevant union bodies , offices and agencies , shall establish a multiannual evaluation programme covering a period of seven years at least six months before the beginning of the following seven-year period.


### 3. the multiannual evaluation programme shall identify the specific priority areas to be covered by the periodic evaluations and shall include a provisional time-schedule of those evaluations. ### 3. the multiannual evaluation programme shall identify , in accordance with article 4(2b) , those aspects of the schengen acquis to be covered by the periodic evaluations and shall include a provisional time-schedule of those evaluations.


### the commission shall make the replies available to the other member states. ### the commission shall make the replies available to the other member states and to the european parliament.


### 1. the member state experts participating in evaluation and monitoring activities shall have appropriate qualifications , including a solid theoretical knowledge and practical experience in the areas covered by the evaluation and monitoring mechanism , along with sound knowledge of evaluation principles , procedures and techniques , and shall be able to communicate effectively in a common language. ### 1. the member state experts participating in evaluation and monitoring activities shall have appropriate qualifications , including a solid theoretical knowledge and at least five years' practical experience in the areas covered by the evaluation and monitoring mechanism , along with sound knowledge of evaluation principles , procedures and techniques , and shall be able to communicate effectively in a common language.


### 1. the member states and the commission , in cooperation with relevant union bodies , offices or agencies , shall ensure that member state experts and commission representatives receive adequate training to become schengen evaluators. ### 1. the member states and the commission , in cooperation with relevant union bodies , offices or agencies , shall ensure that member state experts and commission representatives receive adequate training to become schengen evaluators. completion of this training shall be mandatory for all experts participating in a team carrying out an evaluation in accordance with article 18.


### 1. the commission , in cooperation with the member states , shall establish every year a pool of experts whose professional background cover the specific priority areas set out in the multiannual evaluation programme. ### 1. the commission , in cooperation with the member states , shall establish every year a pool of experts whose professional background cover those aspects of the schengen acquis to be covered in accordance with the multiannual evaluation programme.


### 2. in parallel to the establishment of the annual evaluation programme in accordance with article 13(1) , on the invitation of the commission , member states shall designate at least one qualified expert per each specific area determined in the multiannual evaluation programme for next year’s pool of experts. ### 2. in parallel to the establishment of the annual evaluation programme in accordance with article 13(1) , on the invitation of the commission , member states shall designate at least one qualified expert per each specific aspect of the schengen acquis to be evaluated as laid down in the multiannual evaluation programme for next year’s pool of experts.


### 11. the commission shall keep the list of experts of the pool up to date and inform member states about the number of experts and their profiles designated per member state. ### 11. the commission shall keep the list of experts of the pool up to date and inform member states and the european parliament about the number of experts and their profiles designated per member state.


### 1. the commission shall define the number of member state experts and commission representatives participating in a team based on the particularities and needs of the evaluation or monitoring activity. the commission shall select experts from the pool of experts to become members of a team. ### 1. the commission shall define the number of member state experts and commission representatives participating in a team based on the particularities and needs of the evaluation or monitoring activity. the commission shall select experts from the pool of experts to become members of a team. all members of the team , with the exception of observers or union observers , shall have undergone the training in accordance with article 16(1).


### 2. in selecting experts , the commission shall have regard to the profiles needed for a particular evaluation or monitoring activity taking account of the need to ensure geographical balance , balance as regards professional experience and the capacity of national administrations. ### 2. in selecting experts , the commission shall have regard to the profiles needed for a particular evaluation or monitoring activity taking account of the need to ensure geographical balance , gender balance , balance as regards professional experience and the capacity of national administrations.


### member state experts shall not participate in a team carrying out an evaluation or monitoring activity of the member state where they are employed. ### member state experts shall not participate in a team carrying out an evaluation or monitoring activity of the member state where they are employed. moreover , where the activities of an union body , office or agency present in the member state are being evaluated as part of that member state's evaluation , no expert or observer from that union body , office or agency shall participate in the evaluation.


### 4. in the case of unannounced visits , the commission shall send the invitations no later than two weeks before the visit is scheduled to commence. experts shall respond within 72 hours of receiving the invitation , in agreement with their designating authorities. ### 4. in the case of unannounced visits , or visits at short-notice , the commission shall send the invitations no later than two weeks before the visit is scheduled to commence. experts shall respond within 72 hours of receiving the invitation , in agreement with their designating authorities.


### the commission shall designate a commission lead expert and propose the member state lead expert. the member state lead expert shall be appointed by the members of the team as soon as possible after the team has been set up. ### the commission shall designate a commission lead expert and propose the member state lead expert. the member state lead expert shall be appointed by the members of the team as soon as possible after the team has been set up. the commission shall also designate an expert responsible for the fundamental rights elements of the visit or evaluation.


### 4. unannounced visits shall take place without prior notification to the member state concerned. by way of exception , the commission may notify the member state concerned at least 24 hours before such visit is to take place when the main purpose of the unannounced visit is a random verification of the implementation of the schengen acquis. ### 4. unannounced visits shall take place without prior notification to the member state concerned.


### the commission , in cooperation with the member states , may establish guidelines for conducting evaluation and monitoring activities by questionnaire or other remote methods. ### the commission , in cooperation with the member states , may establish guidelines for conducting evaluation and monitoring activities by questionnaire or other remote methods. remote methods shall be used only where physical visits are not feasible or unnecessary.


### 7. to verify the progress made in the implementation of the recommendations related to the serious deficiency , the commission shall organise a revisit that is to take place no later than one year from the date of the evaluation activity. ### 7. to verify the progress made in the implementation of the recommendations related to the serious deficiency , the commission shall organise a revisit that is to take place no later than six months from the date of the evaluation activity.


### 10. if the serious deficiency is deemed to constitute a serious threat to public policy or internal security within the area without internal border controls , or a serious and systematic fundamental rights violation , the commission , on its own initiative or at the request of the european parliament or of a member state , shall immediately inform thereof the european parliament and the council. ### 10. if the serious deficiency is deemed to constitute a serious threat to public policy or internal security within the area without internal border controls , or a serious and systematic fundamental rights violation , the commission , on its own initiative or at the request of the european parliament or of a member state , shall immediately inform the european parliament and the council thereof including information on infringement proceedings that are underway or will be brought against the evaluated member state .


### 2. the classification status of the reports shall be determined in accordance with decision (eu , euratom) 2015/444. they may also be classified as ‘eu restricted/restreint ue’ on a duly justified request of the evaluated member state. ### 2. the classification status of the reports shall be determined in accordance with decision (eu , euratom) 2015/444. in exceptional cases , parts of the reports may also be classified as ‘eu restricted/restreint ue’ on a duly justified request of the evaluated member state.


### the commission shall undertake a review of the application of this regulation and submit a report to the council within six months of the adoption of all evaluation reports regarding the evaluations covered by the first multiannual evaluation programme adopted in accordance with this regulation. such review shall cover all the elements of this regulation , including the functioning of the procedures for adopting acts under the evaluation mechanism. the commission shall submit that report to the european parliament. ### the commission shall undertake a review of the application of this regulation and submit a report to the council within six months of the adoption of all evaluation reports regarding the evaluations covered by the first multiannual evaluation programme adopted in accordance with this regulation. such review shall cover all the elements of this regulation , including the functioning of the procedures for adopting acts under the evaluation mechanism. the commission shall submit that report to the european parliament without delay.


### 12. notes the agency’s existing measures and ongoing efforts to secure transparency and prevention and management of conflicts of interest; expresses satisfaction that the agency has set up and implemented a code of administrative behaviour in 2019 and that declarations of interest and the cv’s of management board members and senior management are published on the website; ### 12. notes the agency’s existing measures and ongoing efforts to secure transparency and prevention and management of conflicts of interest , and to ensure the protection of whistleblowers; expresses satisfaction that the agency has set up and implemented a code of administrative behaviour and guidelines on whistleblowing in 2019 and that declarations of interest and the cv’s of management board members and senior management are published on the website;


### 21. notes that the agency does not have a policy regarding cyber security and protection of digital records in its possession which in current times is very important; acknowledges that in 2020 the agency initiated the process to implement the advanced records management system (ares) as a document management system together with the partner agency eit; calls on the agency to report to the discharge authority regarding the progress of implementation; ### 21. notes with concern that the agency does not have a policy regarding cyber security and protection of digital records in its possession which in current times is very important; acknowledges that in 2020 the agency initiated the process to implement the advanced records management system (ares) as a document management system together with the partner agency eit; calls on the agency to report to the discharge authority regarding the progress of implementation;


### (7) this regulation should apply to all applications for international protection made in the territory of the member states , including those made at the external border , on the territorial sea or in the transit zones of member states , and the withdrawal of international protection. persons seeking international protection who are present on the territorial sea of a member state should be disembarked on land and have their applications examined in accordance with this regulation. ### (7) this regulation should apply to all applications for international protection made in the territory of the member states , including those made at the external border , on the territorial sea or in the transit zones of member states and in representations of member states , and the withdrawal of international protection. persons seeking international protection who are present on the territorial sea of a member state should be disembarked on land and have their applications examined in accordance with this regulation.


### (31) ‘in order to guarantee the rights of the applicant , a decision concerning his or her application should be given in writing. where the decision does not grant international protection , the applicant should be given reasons in fact and in law , information on the consequences of the decision and the modalities for challenging it. ### (31) in order to guarantee the rights of the applicant , a decision concerning his or her application should be given in writing. where the decision does not grant international protection , the applicant should be given reasons in fact and in law , information on the consequences of the decision and the modalities for challenging it. without prejudice to the applicant’s right to remain and to the principle of non-refoulement , such a decision may include , or may be issued together with , a return decision issued in accordance with article 6 of directive 2008/115/ec of the european parliament and of the council.


### (31a) in order to increase the efficiency of procedures and to reduce the risk of absconding and the likelihood of unauthorised movements , there should be no procedural gaps between the issuance of a negative decision on an application for international protection and of a return decision. a return decision should immediately be issued to applicants whose applications are rejected. without prejudice to the right to an effective remedy , the return decision should either be part of the negative decision on an application for international protection or , if it is a separate act , be issued at the same time and together with the negative decision.’ ### (31a) where a member state considers that it would increase the efficiency of procedures and reduce the risk of absconding and the likelihood of unauthorised movements , if there are no procedural steps between the issuance of a negative decision on an application for international protection and of a return decision , it may issue a return decision to applicants whose applications are rejected. this possibility should in no way restrict member states’ discretion as regards the use of article 6(5) of regulation (eu) 2016/399 1a or their discretion to issue residence permits or other authorisations under national law granting a right to stay on the territory.


### 2. this regulation does not apply to applications for international protection and to requests for diplomatic or territorial asylum submitted to representations of member states. ### 2. this regulation applies to applications for international protection and to requests for diplomatic or territorial asylum submitted to representations of member states.


### 3. ‘for third-country nationals subject to the screening referred to in article 3(1) of regulation (eu) xxx/xxx [screening regulation] , paragraphs 1 and 2 shall apply only after the screening has ended.’ ### deleted


### 5. ‘for third-country nationals subject to the screening referred to in article 3(1) of regulation (eu) no xxx/xxx [screening regulation] , paragraphs 1 to 4 shall apply only after the screening has ended. ### deleted


### article 35a ### deleted


### where an application is rejected as inadmissible , unfounded or manifestly unfounded with regard to both refugee status and subsidiary protection status , or as implicitly or explicitly withdrawn , member states shall issue a return decision that respects directive xxx/xxx/eu [return directive]. the return decision shall be issued as part of the decision rejecting the application for international protection or , in a separate act. where the return decision is issued as a separate act , it shall be issued at the same time and together with the decision rejecting the application for international protection.’ ### where an application is rejected as inadmissible , unfounded or manifestly unfounded with regard to both refugee status and subsidiary protection status , or as implicitly or explicitly withdrawn , member states may issue a return decision that respects directive xxx/xxx/eu [return directive]. as it is a separate decision , the return decision shall be issued as a separate act. the return decision may be issued at the same time and together with the decision rejecting the application for international protection.


### ‘the applicant is of a nationality or , in the case of stateless persons , a former habitual resident of a third country for which the proportion of decisions by the determining authority granting international protection is , according to the latest available yearly union-wide average eurostat data , 20% or lower , unless a significant change has occurred in the third country concerned since the publication of the relevant eurostat data or the applicant belongs to a category of persons for whom the proportion of 20% or lower cannot be considered as representative for their protection needs;’ ### the applicant is of a nationality or , in the case of stateless persons , a former habitual resident of a third country for which the proportion of decisions by the determining authority granting international protection is , according to the latest available yearly union-wide average eurostat data , 20% or lower , unless applicants are unaccompanied minors , families with children , and other vulnerable applicants including those with special procedural or reception needs or a significant change has occurred in the third country concerned since the publication of the relevant eurostat data or the applicant belongs to a category of persons for whom the proportion of 20% or lower cannot be considered as representative for their protection needs;


### ‘the applicant is of a nationality or , in the case of stateless persons , a former habitual resident of a third country for which the proportion of decisions by the determining authority granting international protection is , according to the latest available yearly union-wide average eurostat data , 20% or lower , unless a significant change has occurred in the third country concerned since the publication of the relevant eurostat data or the applicant belongs to a category of persons for whom the proportion of 20% or lower cannot be considered as representative for their protection needs;’ ### ‘ the applicant is of a nationality for which the proportion of decisions by the relevant national determining authority granting international protection is , according to the latest available eurostat data , 10% or lower , unless the applicant is an unaccompanied minor , a minor , an accompanying family member of a minor , or a vulnerable applicant , including those with special procedural or reception needs , or unless a significant change has occurred in the third country concerned since the publication of the relevant eurostat data or the applicant belongs to a category of persons for whom the proportion of 10% or lower cannot be considered as representative for their protection needs;’


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


### 1. following the screening procedure carried out in accordance with regulation (eu) no xxx/xxx [screening regulation] , and provided that the applicant has not yet been authorised to enter member states’ territory , a member state may examine an application in a border procedure where that application has been made by a third-country national or stateless person who does not fulfil the conditions for entry in the territory of a member state as set out in article 6 of regulation (eu) 2016/399. the border procedure may take place: ### 1. a member state may examine an application in a border procedure where that application has been made by a third-country national who does not fulfil the conditions for entry in the territory of a member state as set out in article 6 of regulation (eu) 2016/399. the border procedure may take place:


### following apprehension in connection with an unauthorised crossing of the external border; ### following apprehension in direct connection with an irregular border crossing;


### the inadmissibility of an application in accordance with article 36; ### deleted


### 3. member state shall examine an application in a border procedure in the cases referred to in paragraph 1 where the circumstances referred to in article 40(1) , point (c) , (f) or (i) , apply. ### deleted


### 4. a member state may decide not to apply paragraph 3 to nationals or stateless persons who are habitual residents of third countries for which that member state has submitted a notification to the commission in accordance with article 25a(3) of regulation (ec) no 810/2009. ### 4. a member state shall not apply a border procedure to nationals or stateless persons who are habitual residents of third countries for which that member state has submitted a notification to the commission in accordance with article 25a(3) of regulation (ec) no 810/2009.


### where , following the examination carried out in accordance with article 25a(4) of regulation (ec) no 810/2009 , the commission considers that the third country is cooperating sufficiently , the member state shall again apply the provisions of paragraph 3. ### where , following the examination carried out in accordance with article 25a(4) of regulation (ec) no 810/2009 , the commission considers that the third country is cooperating sufficiently , the member state may again apply the provisions of paragraph 3.


### where the commission considers that the third country concerned is not cooperating sufficiently , the member state may continue not to apply paragraph 3: ### deleted


### 5. the border procedure may only be applied to unaccompanied minors and to minors below the age of 12 and their family members in the cases referred to in article 40(5) (b). ### 5. the border procedure shall not be applied to unaccompanied minors and to minors and their family members


### 5. the border procedure may only be applied to unaccompanied minors and to minors below the age of 12 and their family members in the cases referred to in article 40(5) (b). ### 5. the border procedure shall not be applied to unaccompanied minors and to minors with their family members.


### 6. applicants subject to the border procedure shall not be authorised to enter the territory of the member state , without prejudice to paragraphs 9 and 11. ### deleted


### 6. notes that the commission’s report of 14 may 2019 on the evaluation of the centre2 concluded that the centre is working well; welcomes the report’s other conclusions that the centre is recognised as a hub of excellence in europe and internationally , that the information produced by the centre is factual , objective , reliable and robust , that the centre’s activities are relevant at union level and to a varying extent at national level , that the centre’s work is coherent with the work of the union institutions , other union agencies and international organisations , and that the union added value of the centre’s work is high; notes the recommendations made in the report and the action plan put in place by the centre; calls on the centre to keep the discharge authority informed about the implementation of the recommendations; ### 6. notes with appreciation that the commission’s report of 14 may 2019 on the evaluation of the centre2 concluded that the centre is working well; welcomes the report’s other conclusions that the centre is recognised as a hub of excellence in europe and internationally , that the information produced by the centre is factual , objective , reliable and robust , that the centre’s activities are relevant at union level and to a varying extent at national level , that the centre’s work is coherent with the work of the union institutions , other union agencies and international organisations , and that the union added value of the centre’s work is high; notes the recommendations made in the report and the action plan put in place by the centre; calls on the centre to keep the discharge authority informed about the implementation of the recommendations;


### 2. points out that the concentration of agricultural income support is mainly driven by area-based direct payments; underlines the need for more targeted support and a better balance between large and small beneficiaries at member state level; ### 2. points out that the concentration of agricultural income support is mainly driven by area-based direct payments; underlines the need for more targeted support and a better balance between large and small beneficiaries at member state level; points out that the actual distribution of land and subsidies could be even more unequal , as the statistics available do allow any assertion to be made about the ownership and control of farms , for example by holding companies; underlines the potential for abuse where payment entitlements lie far above the national average in member states without internal convergence of european direct payments;


### 3. highlights that the member states are responsible for the eu agricultural funds under shared management with the commission; considers the new delivery model and the new national strategic plans to be a great opportunity to reinforce member states’ and the commission’s controls pertaining to the distribution and management of funds; ### 3. highlights that the member states are responsible for the eu agricultural funds under shared management with the commission; considers the new delivery model and the new national strategic plans to be a great opportunity to reinforce member states’ and the commission’s controls pertaining to the distribution and management of funds and to raise awareness among the authorities responsible for awarding grants of the opportunities for fraud; stresses , in this context , the importance of exchanges between european law enforcement actors and funding release authorities in order to ensure the highest possible level of prior awareness of possible fraud;


### 6. insists on greater resources for investigation , as well as on stronger coordination between the member states and eu bodies , to ensure that the fight against fraud in agricultural funds is effective; emphasises the need for a comprehensive fraud strategy with a robust fraud risk analysis. ### 6. insists on greater resources for equipment and investigations by olaf , eurojust and eppo , as well as on stronger coordination between the member states and eu bodies , to ensure that the fight against fraud in agricultural funds is effective; emphasises the need for a comprehensive fraud strategy with a robust fraud risk analysis. underlines , in this context , that the budget allocated to eurojust under the multiannual financial framework 2021-2027 was frozen at the 2019 level , whereas the workload increased as a result of a greater number of cases and the corresponding additional effort required to prosecute crimes and liaise with the prosecution services of other member states.


### 2. where no member state responsible can be designated on the basis of the criteria listed in this regulation , the first member state in which the application for international protection was registered shall be responsible for examining it. ### 2. where no member state responsible can be designated on the basis of the criteria listed in this regulation , the member state responsible for examining the application for international protection shall be determined in accordance with the procedure laid down in article 45.


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


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


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


### 5. each member state shall retain the right to send an applicant to a safe third country , subject to the rules and safeguards laid down in regulation (eu) xxx/xxx [asylum procedure regulation]. ### deleted


### article 9 ### deleted


### article 10 ### deleted


### right to information ### right to information and cooperation


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


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


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


### of the criteria and the procedures for determining the member state responsible , the hierarchy of such criteria in the different steps of the procedure and their duration; ### of the objectives of this regulation , the criteria and the procedures for determining the member state responsible , the hierarchy of such criteria in the different steps of the procedure and their duration , including the specific criteria applied by member states requested or notified in the individual case;


### of the aim of the personal interview pursuant to article 12 and the obligation to submit and substantiate orally or through the provision of documents information as soon as possible in the procedure any relevant information that could help to establish 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 , as well as any assistance that the member state can offer with regard to the tracing of family members or relatives; ### of the aim of the personal interview pursuant to article 12 and the obligation to submit orally or through the provision of documents information as soon as possible in the procedure any relevant information that could help to establish 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 , as well as any assistance that the member state can offer with regard to the tracing of family members or relatives;


### of the obligation for the applicant to disclose , as soon as possible in the procedure any relevant information that could help to establish any prior residence permits , visas or educational diplomas; ### of the obligation for the applicant to disclose , in the procedure any relevant information that could help to establish any prior residence permits , visas or educational diplomas. the competent authorities shall take into account the elements and information relevant for determining the member state responsible submitted at any stage of the procedure , provided they have been submitted before the final decision determining the member state responsible. in the period between the final decision and the actual transfer to a designated member state , other relevant elements provided by the applicant shall be taken into consideration if the delay in submitting them is due to justified reasons.


### of the possibility to challenge a transfer decision within the time limit set out in article 33(2) and of the fact that the scope of that challenge is limited as laid down in article 33(1); ### of the possibility to challenge a transfer decision within the time limit set out in article 33(2) and of the existence of the rights to have an effective remedy with automatic suspensive effect before a court or a tribunal in accordance with article 47 of the charter of fundamental rights , including in a situation where no transfer decision is taken;


### of the right to be granted , on request , legal assistance free of charge where the person concerned cannot afford the costs involved; ### of the right to be granted , on request , legal and linguistic assistance free of charge at all stages of the procedure , where the person concerned cannot afford the costs involved;


### in the case of an unaccompanied minor , of the role and responsibilities of the representative and of the procedure to file complaints against a representative in confidence and safety and in full respect of the child's right to be heard in this respect; ### in the case of an unaccompanied minor , of the role and responsibilities of the guardian and of the procedure to file complaints against a guardian in confidence and safety and in full respect of the child's right to be heard in this respect;


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


### 2. the information referred to in paragraph 1 shall be provided in writing in a language that the applicant understands or is reasonably supposed to understand. member states shall use the common information material drawn up in clear and plain language pursuant to paragraph 3 for that purpose. ### 2. the information referred to in paragraph 1 shall be provided in the mother tongue of the applicant or , if not possible , in a language the applicant understands. in both cases the information shall be provided in a concise , transparent , intelligible and easily accessible form , using clear and plain language. member states shall use the common information material drawn up in clear and plain language pursuant to paragraph 3 for that purpose. the information shall be provided in writing and orally , where appropriate with the support of multimedia equipment. oral information may be given either in individual or group sessions and applicants shall have the possibility to ask questions about the procedural steps they are expected to follow with regard to the process of determining a member state responsible in accordance with this regulation. when the applicant is a minor , information shall be provided in a child-friendly manner , including in both written and oral forms by appropriately trained staff and with the involvement of the guardian , notably about the process to identify family members or relatives in accordance with article 15 of this regulation.


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


### where necessary for the applicant’s proper understanding , the information shall also be supplied orally , where appropriate in connection with the personal interview as referred to in article 12. ### deleted


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


### 1. in order to facilitate the process of determining the member state responsible , the determining member state shall conduct a personal interview with the applicant. the interview shall also allow the proper understanding of the information supplied to the applicant in accordance with article 11. ### 1. in order to facilitate the process of determining the member state responsible , the competent authorities of the determining member state , assisted by the asylum agency , shall conduct a personal interview with the applicant. the interview shall also allow the proper understanding of the specific individual situation of the applicant and of the information he or she supplied in accordance with article 11. the determining member state shall proactively ask questions on all aspects of the claim that would allow for the determination of the member states responsible. in any case , the presence of the legal representative of the applicant or of a representative of an institution for the protection and assistance of asylum seekers registered in the member state shall be allowed at the interview.


### 2. the personal interview may be omitted where: ### deleted


### 3. the personal interview shall take place in a timely manner and , in any event , before any take charge request is made pursuant to article 29. ### 3. the personal interview shall take place in a timely manner and , in any event , before any take charge request is made pursuant to article 29 or take back request pursuant to article 31.


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


### 6. the member state conducting the personal interview shall make a written summary thereof which shall contain at least the main information supplied by the applicant at the interview. the summary may either take the form of a report or a standard form. the member state shall ensure that the applicant or the legal advisor or other counsellor who is representing the applicant have timely access to the summary. ### 6. the member state conducting the personal interview shall draft written minutes. the main elements to be included in the minutes shall , by the end of the interview , be verified by the applicant , and , where relevant , by the guardian and the legal representative. the member state shall ensure that the applicant or the legal advisor or other counsellor who is representing the applicant have access to the minutes as soon as possible after the interview , and in any event before a transfer decision is taken.