Article 1 Subject matter
In accordance with the principle of solidarity and fair sharing of responsibility, as enshrined in Article 80 TFEU, and with the objective of reinforcing mutual trust, this Regulation: (a) sets out a common framework for the management of asylum and migration in the Union, and for the functioning of the Common European Asylum System; (b) establishes a mechanism for solidarity; (c) lays down the criteria and mechanisms for determining the Member State responsible for examining an application for international protection.
Article 2 Definitions
For the purposes of this Regulation, the following definitions apply: (1) ‘third-country national’ means a person who is not a citizen of the Union within the meaning of Article 20(1) TFEU and who is not a person enjoying the right to free movement under Union law as defined in Article 2, point (5), of Regulation (EU) 2016/399 of the European Parliament and of the Council ( 25 ) ; (2) ‘stateless person’ means a person who is not considered to be a national by any State under the operation of its law; (3) ‘application for international protection’ or ‘application’ means a request for protection from a Member State made by a third-country national or a stateless person, who can be understood to be seeking refugee status or subsidiary protection status; (4) ‘applicant’ means a third-country national or a stateless person who has made an application for international protection in respect of which a final decision has not yet been taken; (5) ‘examination of an application for international protection’ means examination of the admissibility or the merits of an application for international protection in accordance with Regulations (EU) 2024/1348 and (EU) 2024/1347, excluding procedures for determining the Member State responsible in accordance with this Regulation; (6) ‘withdrawal of an application for international protection’ means either the explicit or implicit withdrawal of an application for international protection in accordance with Regulation (EU) 2024/1347; (7) ‘beneficiary of international protection’ means a third-country national or a stateless person who has been granted international protection as defined in Article 3, point (4), of Regulation (EU) 2024/1347; (8) ‘family member’ means, insofar as the family already existed before the applicant or the family member arrived on the territory of the Member States, the following members of the applicant’s family who are present on the territory of a Member State: (a) the spouse of the applicant or the applicant’s unmarried partner in a stable relationship, where the law or practice of the Member State concerned treats unmarried couples in a way comparable to married couples under its law relating to third-country nationals; (b) a minor child of couples referred to in point (a) or of the applicant, provided that that child is unmarried and regardless of whether that child was born in or out of wedlock or adopted as defined under national law; (c) where the applicant is a minor and unmarried, the father, mother or another adult responsible for the applicant, whether by law or by the practice of the Member State where the adult is present; (d) where the beneficiary of international protection is a minor and unmarried, the father, mother or another adult responsible for that beneficiary, whether by law or by the practice of the Member State where the beneficiary is present; (9) ‘relative’ means the applicant’s adult aunt or uncle or grandparent who is present in the territory of a Member State, regardless of whether the applicant was born in or out of wedlock or adopted as defined under national law; (10) ‘minor’ means a third-country national or a stateless person below the age of 18 years; (11) ‘unaccompanied minor’ means a minor who arrives on the territory of the Member States unaccompanied by an adult responsible for him or her, whether by law or practice of the Member State concerned, and for as long as that minor is not effectively taken into the care of such an adult, including a minor who is left unaccompanied after he or she has entered the territory of the Member States; (12) ‘representative’ means a person or an organisation appointed by the competent bodies in order to assist and represent an unaccompanied minor in procedures provided for in this Regulation with a view to ensuring the best interests of the child and exercising legal capacity for the minor where necessary; (13) ‘residence document’ means an authorisation issued by the authorities of a Member State authorising a third-country national or a stateless person to stay on its territory, including the documents substantiating the authorisation to remain on the territory under temporary protection arrangements or until the circumstances preventing a removal order from being carried out no longer apply, with the exception of visas and residence authorisations issued during the period required to determine the Member State responsible according to this Regulation or during the examination of an application for international protection or an application for a residence permit; (14) ‘visa’ means the authorisation or decision of a Member State required for transit or entry for an intended stay in that Member State or in several Member States, including: (a) an authorisation or decision issued in accordance with Union law or national law required for entry for an intended stay in that Member State of more than 90 days; (b) an authorisation or decision issued in accordance with Union law or national law required for entry for transit through or an intended stay in that Member State not exceeding 90 days in any 180-day period; (c) an authorisation or decision valid for transit through the international transit areas of one or more airports of the Member States; (15) ‘diploma or qualification’ means a diploma or qualification which is obtained and attested in a Member State after a period of at least one academic year of study on the territory of a Member State in a recognised state or regional programme of education or vocational training at least equivalent to level 2 of the International Standard Classification of Education, operated by an education establishment pursuant to the legislative, regulatory or administrative provisions of that Member State and excluding online training or other forms of distance learning; (16) ‘education establishment’ means a public or private education or vocational training establishment established in and recognised by a Member State in accordance with its national law or administrative practice on the basis of transparent criteria; (17) ‘absconding’ means the action by which a person concerned does not remain available to the competent administrative or judicial authorities such as by: (a) leaving the territory of a Member State without permission from the competent authorities for reasons which are not beyond the person's control; (b) failing to notify absence from a particular accommodation centre, or assigned area of residence, where so required by a Member State; or (c) failing to present him- or herself to the competent authorities, where so required by those authorities; (18) ‘risk of absconding’ means the existence of specific reasons and circumstances in an individual case, which are based on objective criteria defined by national law, to believe that a person concerned who is subject to procedures set out in this Regulation might abscond; (19) ‘benefitting Member State’ means a Member State benefitting from solidarity contributions as set out in Part IV of this Regulation; (20) ‘contributing Member State’ means a Member State that provides or is obliged to provide solidarity contributions to a benefitting Member State as set out in Part IV of this Regulation; (21) ‘transfer’ means the implementation of a decision taken pursuant to Article 42; (22) ‘relocation’ means the transfer of an applicant or a beneficiary of international protection from the territory of a benefitting Member State to the territory of a contributing Member State; (23) ‘search and rescue operations’ means operations of search and rescue as referred to in the 1979 International Convention on Maritime Search and Rescue adopted in Hamburg on 27 April 1979; (24) ‘migratory pressure’ means a situation brought about by arrivals by land, sea or air or applications of third-country nationals or stateless persons, that are of such a scale that they create disproportionate obligations on a Member State, taking into account the overall situation in the Union, even on a well-prepared asylum, reception and migration system and require immediate action, in particular solidarity contributions pursuant to Part IV of this Regulation; taking into account the specificities of the geographical location of a Member State, ‘migratory pressure’ covers situations where there is a large number of arrivals of third-country nationals or stateless persons or a risk of such arrivals, including where such arrivals stem from recurring disembarkations following search and rescue operations, or from unauthorised movements of third-country nationals or stateless persons between the Member States; (25) ‘significant migratory situation’ means a situation different from migratory pressure where the cumulative effect of current and previous annual arrivals of third-country nationals or stateless persons leads a well-prepared asylum, reception and migration system to reach the limits of its capacity; (26) ‘reception conditions’ means reception conditions as defined in Article 2, point (6), of Directive (EU) 2024/1346; (27) ‘admitted person’ means a person whom a Member State has accepted for admission pursuant to Regulation (EU) 2024/1350 or under a national resettlement scheme outside the framework of that Regulation; (28) ‘EU Solidarity Coordinator’ means the person appointed by the Commission pursuant to and with the mandate defined in Article 15 of this Regulation.
Article 3 Comprehensive approach to asylum and migration management
1. The common actions taken by the Union and the Member States in the field of asylum and migration management, within their respective competences, shall be based on the principle of solidarity and fair sharing of responsibility as enshrined in Article 80 TFEU on the basis of a comprehensive approach, and be guided by the principle of integrated policymaking, in compliance with international and Union law, including fundamental rights. With the overall aim of effectively managing asylum and migration within the framework of the applicable Union law, those actions shall have the following objectives: (a) to ensure consistency between asylum and migration management policies in managing migration flows to the Union; (b) to address the relevant migratory routes, and unauthorised movements between the Member States. 2. The Commission, the Council and the Member States shall ensure the consistent implementation of asylum and migration management policies, including both the internal and external components of those policies, in consultation with institutions and bodies, offices and agencies responsible for external policies.
Article 4 Internal components of the comprehensive approach
With a view to achieving the objectives set out in Article 3 of this Regulation, the internal components of the comprehensive approach shall consist of the following elements: (a) close cooperation and mutual partnership among Union institutions, bodies, offices and agencies, Member States and international organisations; (b) effective management of the external borders of Member States, based on the European integrated border management as set out in Article 3 of Regulation (EU) 2019/1896 of the European Parliament and of the Council ( 26 ) ; (c) full respect for the obligations laid down in international and Union law with regard to persons rescued at sea; (d) swift and effective access to a fair and efficient procedure for international protection on the territory of the Member States, including at the external borders of Member States, in the territorial sea or in the transit zones of the Member States and recognition of third-country nationals or stateless persons as refugees or beneficiaries of subsidiary protection, in accordance with Regulation (EU) 2024/1348 and Regulation (EU) 2024/1347; (e) determination of the Member State responsible for the examination of an application for international protection; (f) effective measures to reduce incentives for and to prevent unauthorised movements of third-country nationals and stateless persons between Member States; (g) access for applicants to adequate reception conditions, in accordance with Directive (EU) 2024/1346; (h) effective management of the return of illegally staying third-country nationals in accordance with Directive 2008/115/EC of the European Parliament and of the Council ( 27 ) ; (i) effective measures to provide incentives and support for the integration of beneficiaries of international protection in the Member States; (j) measures aimed at fighting exploitation and reducing illegal employment in line with Directive 2009/52/EC of the European Parliament and of the Council ( 28 ) ; (k) where applicable, deployment and use of the operational tools set up at Union level, including by the European Border and Coast Guard Agency and the European Union Agency for Asylum (the ‘Asylum Agency’), and the Union information systems operated by the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA).
Article 5 External components of the comprehensive approach
With a view to achieving the objectives set out in Article 3, the Union and the Member States shall, within their respective competences, promote and build tailor-made and mutually beneficial partnerships, in full compliance with international and Union law and on the basis of full respect for human rights, and foster close cooperation with relevant third countries at bilateral, regional, multilateral and international levels, including to: (a) promote legal migration and legal pathways for third-country nationals in need of international protection and for those otherwise admitted to reside legally in the Member States; (b) support partners hosting large numbers of migrants and refugees in need of protection and build their operational capacities in migration, asylum and border management in full respect of human rights; (c) prevent irregular migration and combat migrant smuggling and trafficking in human beings, including reducing the vulnerabilities caused by them, while ensuring the right to apply for international protection; (d) address the root causes and drivers of irregular migration and forced displacement; (e) enhance effective return, readmission and reintegration; (f) ensure full implementation of the common visa policy.
Article 6 Principle of solidarity and fair sharing of responsibility
1. In implementing their obligations under this Regulation, the Union and the Member States shall observe the principle of solidarity and fair sharing of responsibility as enshrined in Article 80 TFEU, and shall take into account their shared interest in the effective functioning of the Union’s asylum and migration management policies. 2. In fulfilling their obligations under this Regulation, Member States shall cooperate closely and shall: (a) establish and maintain national asylum and migration management systems that provide effective access to international protection procedures, grant international protection to applicants who are in need, and ensure the effective and dignified return of third-country nationals who are illegally staying, in accordance with Directive 2008/115/EC, and provide and invest in the adequate reception of applicants for international protection, in accordance with Directive (EU) 2024/1346; (b) ensure that necessary resources and sufficient competent personnel are allocated for the implementation of this Regulation and, where Member States consider it necessary or where applicable, request support from relevant Union bodies, offices and agencies for that purpose; (c) take all measures necessary and proportionate, in full compliance with fundamental rights, to prevent and reduce irregular migration to the territories of the Member States, including to prevent and combat migrant smuggling and trafficking in human beings and to protect the rights of smuggled migrants and trafficked human beings; (d) correctly and expeditiously apply the rules on the determination of the Member State responsible for examining an application for international protection and, where necessary, carry out the transfer to the Member State responsible pursuant to Chapters I to VI of Part III and Chapter I of Part IV; (e) provide effective support to other Member States in the form of solidarity contributions on the basis of needs set out in Part II or IV; (f) take effective measures to reduce incentives for and to prevent unauthorised movements of third-country nationals and stateless persons between the Member States. 3. To support Member States in fulfilling their obligations, the Permanent EU Migration Support Toolbox shall include at least: (a) operational and technical assistance by the relevant Union bodies, offices and agencies in accordance with their mandates, in particular by the Asylum Agency in accordance with Regulation (EU) 2021/2303 of the European Parliament and of the Council ( 29 ) , the European Border and Coast Guard Agency in accordance with Regulation (EU) 2019/1896 and the European Union Agency for Law Enforcement Cooperation (Europol) in accordance with Regulation (EU) 2016/794 of the European Parliament and of the Council ( 30 ) . (b) support provided by the Union funds for the implementation of the common framework set out in this Part in accordance with Regulation (EU) 2021/1147 and, where relevant, Regulation (EU) 2021/1148 of the European Parliament and of the Council ( 31 ) ; (c) derogations in the Union acquis providing Member States with the necessary tools to react to specific migratory challenges as referred to in Regulations (EU) 2024/1359 and (EU) 2024/1348 and Regulation (EU) 2024/1349 of the European Parliament and of the Council ( 32 ) ; (d) activation of the Union Civil Protection Mechanism in accordance with Regulation (EU) 2021/836 of the European Parliament and of the Council ( 33 ) ; (e) measures to facilitate return and reintegration activities, including through cooperation with third countries, and in full compliance with fundamental rights; (f) strengthened actions and cross-sectoral activities in the external dimension of migration; (g) enhanced diplomatic and political outreach; (h) coordinated communication strategies; (i) supporting effective and human rights-based migration policies in third countries; (j) promoting legal migration and well-managed mobility, including by strengthening bilateral, regional and international partnerships on migration, forced displacement, legal pathways and mobility partnerships.
Article 7 Strategic approach to managing asylum and migration at national level
1. Member States shall have national strategies in place that establish a strategic approach to ensure they have the capacity to effectively implement their asylum and migration management system, in full compliance with their obligations under Union and international law, taking into account their specific situation, in particular their geographical location. When establishing their national strategies, Member States may consult the Commission and relevant Union bodies, offices and agencies, in particular the Asylum Agency, as well as local and regional authorities, as appropriate and in accordance with national law. Those strategies shall include at least: (a) preventive measures to reduce the risk of migratory pressure and contingency planning, taking into account the contingency planning pursuant to Regulations (EU) 2019/1896 and (EU) 2021/2303 and Directive (EU) 2024/1346 and the reports of the Commission issued pursuant to Recommendation (EU) 2020/1366; (b) information on how the principles set out in this Part are implemented by Member States and on how legal obligations stemming therefrom are fulfilled at national level; (c) information on how the results of the monitoring undertaken by the Asylum Agency and the European Border and Coast Guard Agency, and the evaluation carried out in accordance with Regulation (EU) 2022/922 as well as of the monitoring carried out in accordance with Article 10 of Regulation (EU) 2024/1356 have been taken into account. 2. The national strategies shall take into account other relevant strategies and existing support measures, in particular support measures under Regulations (EU) 2021/1147 and (EU) 2021/2303, and be consistent with and complementary to the national strategies for European integrated border management established in accordance with Article 8(6) of Regulation (EU) 2019/1896. 3. Member States shall transmit their national asylum and migration management strategies to the Commission six months before the adoption of the Strategy referred to in Article 8. 4. Financial and operational support by the Union, including operational support from its bodies, offices and agencies, for the fulfilment of the obligations shall be provided in accordance with Regulations (EU) 2019/1986, (EU) 2021/1147, (EU) 2021/2303 and, where relevant, (EU) 2021/1148. 5. The Commission shall monitor and provide information on the migratory situation through regular reports based on data and information provided by the European External Action Service, the Asylum Agency, the European Border and Coast Guard Agency, Europol and the European Union Agency for Fundamental Rights and in particular the information gathered pursuant to Recommendation (EU) 2020/1366 and within the framework of the EU Migration Preparedness and Crisis Management Mechanism Network and, where necessary, information provided by Member States. 6. The Commission shall, by means of implementing acts, establish a template to be used by Member States to ensure that their national strategies are comparable on specific core elements, such as contingency planning. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 77(2).
Article 8 A long-term European Asylum and Migration Management Strategy
1. The Commission, after consulting the Member States, taking into account relevant reports and analyses from Union bodies, offices and agencies and building upon the national strategies referred to in Article 7, shall draw up a five-year European Asylum and Migration Management Strategy (the ‘Strategy’) setting out the strategic approach to ensure the consistent implementation of national strategies. The Commission shall transmit the Strategy to the European Parliament and the Council. The Strategy shall not be legally binding. 2. The first Strategy shall be adopted by 12 December 2025 and every five years thereafter. 3. The Strategy shall include the components listed in Articles 4 and 5, give a prominent role to the case-law of the Court of Justice of the European Union and the European Court of Human Rights and also take into account: (a) the implementation of the national asylum and migration management strategies of the Member States, referred to in Article 7, and their compliance with Union and international law; (b) relevant information gathered by the Commission pursuant to Recommendation (EU) 2020/1366; (c) information collected by the Commission and the Asylum Agency on the implementation of the Union asylum acquis ; (d) information gathered from the European External Action Service and relevant Union bodies, offices and agencies, in particular reports by the Asylum Agency, the European Border and Coast Guard Agency and the European Union Agency for Fundamental Rights; (e) any other relevant information, including from Member States, monitoring authorities, international organisations, and other relevant bodies, offices, agencies or organisations.
Article 9 The European Annual Asylum and Migration Report
1. The Commission shall adopt a European Annual Asylum and Migration Report on an annual basis assessing the asylum, reception and migratory situation over the previous 12-month period and any possible developments, and providing a strategic situational picture of the area of migration and asylum that also serves as an early warning and awareness tool for the Union (the ‘Report’). 2. The Report shall be based on relevant quantitative and qualitative data and information provided by the Member States, the European External Action Service, the Asylum Agency, the European Border and Coast Guard Agency, Europol and the European Union Agency for Fundamental Rights. It may also take into account information provided by other relevant bodies, offices, agencies or organisations. 3. The Report shall contain the following elements: (a) an assessment of the overall situation, covering all migratory routes to the Union and in all the Member States, in particular: (i) the number of applications for international protection and the nationalities of the applicants; (ii) the number of identified unaccompanied minors and where available, persons with special reception or procedural needs; (iii) the number of third-country nationals or stateless persons who have been granted international protection, in accordance with Regulation (EU) 2024/1347; (iv) the number of first instance and final asylum decisions; (v) the reception capacity of the Member States; (vi) the number of third-country nationals who have been detected by Member States authorities while not fulfilling or no longer fulfilling the conditions for entry, stay or residence in the Member State, including overstayers as defined in Article 3(1), point (19), of Regulation (EU) 2017/2226 of the European Parliament and of the Council ( 34 ) ; (vii) the number of return decisions issued by the Member States and the number of third-country nationals who left the territory of the Member States in accordance with a return decision that complies with Directive 2008/115/EC; (viii) the number of third-country nationals or stateless persons admitted by the Member States through Union and national resettlement or humanitarian admission schemes; (ix) the number of third-country nationals subject to the border procedure provided for in Regulations (EU) 2024/1348 and (EU) 2024/1349 as well as their nationalities; (x) the number of incoming and outgoing take charge requests or take back notifications in accordance with Articles 39 and 41; (xi) the number of transfer decisions and the numbers of transfers carried out in accordance with this Regulation; (xii) the number and nationality of third-country nationals disembarked following search and rescue operations, and the number of applications for international protection lodged by those third-country nationals; (xiii) the Member States which experienced recurring arrivals by sea, in particular through disembarkations following search and rescue operations; (xiv) the number of third-country nationals or stateless persons refused entry in accordance with Article 14 of Regulation (EU) 2016/399; (xv) the number of third-country nationals or stateless persons enjoying temporary protection in accordance with Council Directive 2001/55/EC ( 35 ) ; (xvi) the number of persons apprehended in connection with an irregular crossing of an external land, sea or air border and, provided that the data is available and verifiable, the number of attempted irregular border crossings; (xvii) the support provided by Union bodies, offices and agencies to the Member States; (b) a projection for the coming year, including the number of anticipated arrivals by sea, based on the overall migratory situation in the previous year and considering the current situation, while also reflecting previous pressure; (c) information about the level of preparedness in the Union and in the Member States and the possible impact of the anticipated situations; (d) information on the capacity of the Member States, in particular on the reception capacity; (e) the result of the monitoring undertaken by the Asylum Agency and the European Border and Coast Guard Agency, and the evaluation carried out in accordance with Regulation (EU) 2022/922 as well as the monitoring carried out in accordance with Article 10 of Regulation (EU) 2024/1356, as referred to in Article 7(1), second subparagraph, point (c), of this Regulation; (f) an assessment of whether solidarity measures and measures under the Permanent EU Migration Toolbox are needed to support the Member State or Member States concerned. 4. The Commission shall adopt the Report by 15 October each year and transmit it to the European Parliament and to the Council. 5. The Report shall provide the basis for decisions at Union level on the measures needed for the management of migratory situations. 6. The first Report shall be issued by 15 October 2025. 7. For the purposes of the Report, the Member States, the Asylum Agency, the European Border and Coast Guard Agency, Europol and the European Union Agency for Fundamental Rights shall provide the information referred to in Article 10 by 1 June each year. 8. The Commission shall convene a meeting of the EU mechanism for preparedness and management of crisis related to migration during the first half of July each year to present the initial assessment of the situation and exchange information with members of that mechanism. The composition and mode of operation of the EU mechanism for preparedness and management of crisis related to migration shall be as set out in Recommendation (EU) 2020/1366 in its original version. 9. The Member States and the relevant Union bodies, offices and agencies shall provide the Commission with updated information by 1 September each year. 10. The Commission shall convene a meeting of the EU mechanism for preparedness and management of crisis related to migration by 30 September each year to present the consolidated assessment of the situation. The composition and mode of operation of the EU mechanism for preparedness and management of crisis related to migration shall be as set out in Recommendation (EU) 2020/1366 in its original version.
Article 10 Information for assessing the overall migratory situation, migratory pressure, risk of migratory pressure or significant migratory situation
1. When the Commission assesses the overall migratory situation, or whether a Member State is under migratory pressure, at risk of migratory pressure or confronted with a significant migratory situation, it shall use the Report referred to in Article 9 and take into account any further information pursuant to Article 9(3), point (a). 2. The Commission shall also take into account the following: (a) the information presented by the Member State concerned, including the estimation of its needs and capacity and its preparedness measures and any additional relevant information provided in the national strategy referred to in Article 7; (b) the level of cooperation on migration as well as in the area of return and readmission, including by taking into account the annual report in accordance with Article 25a of Regulation (EC) No 810/2009 of the European Parliament and of the Council ( 36 ) , with third countries of origin and transit, first countries of asylum, and safe third countries as defined in Regulation (EU) 2024/1348; (c) the geopolitical situation in relevant third countries as well as the root causes of migration and possible situations of instrumentalisation of migrants and possible developments in the area of irregular arrivals through external borders of Member States that might affect migratory movements; (d) the relevant recommendations provided for in Article 20 of Regulation (EU) 2022/922, Article 15 of Regulation (EU) 2021/2303 and Article 32(7) of Regulation (EU) 2019/1896; (e) information gathered pursuant to Recommendation (EU) 2020/1366; (f) the Integrated Situational Awareness and Analysis reports under Council Implementing Decision (EU) 2018/1993 ( 37 ) , provided that the Integrated Political Crisis Response is activated or the Migration Situational Awareness and Analysis report issued under the first stage of the EU mechanism for preparedness and management of crises related to migration, when the Integrated Political Crisis Response is not activated; (g) information from the visa liberalisation reporting process and dialogues with third countries; (h) quarterly bulletins on migration, and other reports, of the European Union Agency for Fundamental Rights; (i) the support provided by Union bodies, offices and agencies to the Member States; (j) relevant parts of the vulnerability assessment report referred to in Article 32 of Regulation (EU) 2019/1896; (k) scale and trends of unauthorised movements of third-country nationals or stateless persons between Member States building on the available information from the relevant Union bodies, offices and agencies and data analysis from relevant information systems. 3. In addition, in order to assess whether a Member State is facing a significant migratory situation, the Commission shall take into account the cumulative effect of current and previous annual arrivals of third-country nationals or stateless persons.
Article 11 Commission implementing decision on determining Member States under migratory pressure, at risk of migratory pressure or facing a significant migratory situation
1. Together with the Report referred to in Article 9, the Commission shall adopt an implementing decision determining whether a particular Member State is under migratory pressure, at risk of migratory pressure during the upcoming year, or is facing a significant migratory situation. For that purpose, the Commission shall consult the Member States concerned. The Commission may set a time limit for such consultations. 2. For the purposes of paragraph 1, the Commission shall use the information gathered pursuant to Article 10, taking into account all elements of the Report referred to in Article 9, all migratory routes, including the specificities of the structural phenomenon of disembarkations after search and rescue operations and unauthorised movements of third country-nationals and stateless persons between the Member States, as well as previous pressure on the Member State concerned and the current situation. 3. Where during the past 12 months a Member State has faced large number of arrivals due to recurring disembarkations following search and rescue operations, the Commission shall consider that Member State to be under migratory pressure provided those arrivals are of such a scale that they create disproportionate obligations on even the well-prepared asylum, reception and migration system of the Member State concerned. 4. The Commission shall adopt its implementing decision by 15 October each year and transmit it to the European Parliament and to the Council.
Article 12 Commission proposal for a Council implementing act establishing the Annual Solidarity Pool
1. Each year, on the basis of and together with the Report referred to in Article 9, the Commission shall submit a proposal for a Council implementing act establishing the Annual Solidarity Pool necessary to address the migratory situation in the upcoming year in a balanced and effective manner. That proposal shall reflect the annual projected solidarity needs of the Member States under migratory pressure. 2. The Commission proposal referred to in paragraph 1 shall identify the total annual numbers of required relocations and financial contributions for the Annual Solidarity Pool at Union level, which shall be at least: (a) 30 000 for relocations; (b) EUR 600 million for financial contributions. The Commission proposal referred to in paragraph 1 of this Article shall also set out annual indicative contributions for each Member State by applying the reference key set out in Article 66 with a view to facilitating the exercise to pledge its solidarity contributions (the ‘pledging exercise’) pursuant to Article 13. 3. When identifying the level of the Union-wide responsibility to be shared by all Member States and the consequent level of solidarity, the Commission shall take into account relevant qualitative and quantitative criteria, including, for the relevant year, the overall number of arrivals, the average recognition rates as well as the average return rates. The Commission shall also take into account that the Member States which will become benefitting Member States pursuant to Article 58(1) are not obliged to implement their pledged solidarity contributions. The Commission may identify a higher number for relocations and financial contributions than those provided for in paragraph 2 of this Article and may identify other forms of solidarity as set out in Article 56(2), point (c), depending on the need for such measures arising from the specific challenges in the area of migration in the Member State concerned. In order to preserve the equal value of the different types of solidarity measures, the ratio between the numbers set out in paragraph 2, points (a) and (b), of this Article shall be maintained. 4. Notwithstanding paragraph 2 of this Article, in exceptional situations, where the information provided by the Member States and the relevant Union bodies, offices and agencies pursuant to Article 9(2), or the consultations carried out by the Commission pursuant to Article 11(1) do not indicate a need for solidarity measures for the upcoming year, the Commission proposal referred to in paragraph 1 of this Article shall take this duly into account. 5. Where the Commission has identified in an implementing decision as referred to in Article 11 that one or more Member States are under migratory pressure as a result of large numbers of arrivals stemming from recurring disembarkations following search and rescue operations, taking into account the specificities of the Member States concerned, the Commission shall set out the indicative percentage of the Annual Solidarity Pool to be made available to those Member States. 6. The Commission shall adopt the proposal referred to in paragraph 1 of this Article by 15 October each year and transmit it to the Council. The Commission shall simultaneously transmit that proposal to the European Parliament. Until the adoption of the Council implementing act referred to in Article 57, the Commission proposal referred to in paragraph 1 of this Article shall not be made public. It shall be classified ‘RESTREINT UE/EU RESTRICTED’ and shall be handled as such in accordance with Council Decision 2013/488/EU ( 38 ) .
Article 13 The High-Level EU Solidarity Forum
1. In order to ensure the effective implementation of Part IV of this Regulation, a High-Level EU Solidarity Forum (the ‘High-Level Forum’) shall be established, consisting of the representatives of the Member States and chaired by the Member State holding the Presidency of the Council. Member States shall be represented at the level of responsibility and decision-making power that is appropriate in order to carry out the tasks conferred on the High-Level Forum. Third countries that have concluded with the Union an agreement on the criteria and mechanisms for establishing the State responsible for examining an application for international protection lodged in a Member State or in that third country may, for the purpose of contributing to solidarity on an ad hoc basis be invited to participate in the High-Level Forum as appropriate. 2. The Council shall convene the High-Level Forum within 15 days following the adoption of the Report referred to in Article 9, the decision referred to in Article 11 and the Commission proposal referred to in Article 12. 3. In the meeting referred to in paragraph 2, the High-Level Forum shall consider the Report referred to in Article 9, the decision referred to in Article 11 and the Commission proposal referred to in Article 12 and examine the overall situation. It shall also come to a conclusion on the solidarity measures and the level of contribution needed pursuant to the procedure set out in Article 57 and, where deemed necessary, on other migratory response measures in the areas of responsibility, preparedness and contingency, as well as on the external dimension of migration. During that High-Level Forum meeting, Member States shall pledge their solidarity contributions for the creation of the Annual Solidarity Pool pursuant to Article 57. 4. Where the Council, at the initiative of a Member State or upon invitation from the Commission, considers that the solidarity contributions to the Annual Solidarity Pool are insufficient in relation to the needs identified, including where significant deductions have been granted in accordance with Articles 61 and 62, or one or more Member States under migratory pressure have higher needs than anticipated, or the overall situation requires additional solidarity support, the Council shall by simple majority reconvene the High-Level Forum to request Member States to provide additional solidarity contributions. Any pledging exercise shall follow the procedure set out in Article 57.
Article 14 The Technical-Level EU Solidarity Forum
1. In order to ensure the smooth functioning of Part IV of this Regulation, a Technical-Level EU Solidarity Forum (the ‘Technical-Level Forum’) shall be established and the EU Solidarity Coordinator shall, on behalf of the Commission, convene and chair it. 2. The Technical-Level Forum shall comprise representatives of the relevant authorities of the Member States at a level sufficiently senior to carry out the tasks conferred on it. 3. Third countries that have concluded with the Union an agreement on the criteria and mechanisms for establishing the State responsible for examining an application for international protection lodged in a Member State or in that third country may, for the purpose of contributing to solidarity on an ad hoc basis be invited to participate in the Technical-Level Forum as appropriate. 4. The Asylum Agency shall participate in the Technical-Level Forum. The European Border and Coast Guard Agency and the European Union Agency for Fundamental Rights shall, where appropriate and when invited by the EU Solidarity Coordinator, participate in the Technical-Level Forum. United Nations agencies may, depending on their involvement in the solidarity mechanism, also be invited to participate. 5. Following the adoption of the Council implementing act referred to in Article 57, the EU Solidarity Coordinator shall convene a first meeting of the Technical-Level Forum. Following that first meeting, the Technical-Level Forum shall meet on a regular basis and as frequently as necessary, in particular pursuant to Articles 58(3) and 59(6), in order to operationalise the solidarity mechanism between the Member States and address the solidarity needs with the contributions identified.
Article 15 The EU Solidarity Coordinator
1. The Commission shall appoint an EU Solidarity Coordinator to coordinate at technical level the implementation of the solidarity mechanism in accordance with Part IV of this Regulation. 2. The EU Solidarity Coordinator shall: (a) support the relocation activities from the benefitting Member State to the contributing Member State; (b) coordinate and support communication between the Member States, bodies, offices, agencies and entities that are involved in the implementation of the solidarity mechanism; (c) keep an overview of the needs of the benefitting Member States and the contributions of the contributing Member States and follow up on the ongoing implementation of solidarity measures; (d) organise, at regular intervals, meetings between the authorities of the Member States to ensure the effective and efficient operationalisation of the Annual Solidarity Pool, in order to facilitate the best interaction and cooperation among Member States; (e) promote best practices in the implementation of the solidarity mechanism; (f) convene and chair the Technical-Level Forum; (g) carry out the tasks referred to in Article 7 of Regulation (EU) 2024/1359. 3. For the purposes of paragraph 2, the EU Solidarity Coordinator shall be assisted by an office and provided with the necessary financial and human resources to effectively carry out its tasks. The EU Solidarity Coordinator shall coordinate closely with the Asylum Agency, including in relation to the practical details of relocation under this Regulation. 4. The Report referred to in Article 9 shall present the state of implementation and functioning of the solidarity mechanism. 5. Member States shall provide the EU Solidarity Coordinator with the necessary data and information for the EU Solidarity Coordinator to effectively carry out its tasks.
Article 16 Access to the procedure for examining an application for international protection
1. Member States shall examine an application for international protection by a third-country national or a stateless person who applies on the territory of any one of them, including at the border or in the transit zones. The application shall be examined by a single Member State which shall be the Member State responsible on the basis of the criteria set out in Chapter II or the clauses set out in Chapter III of this Part. 2. Without prejudice to the rules set out in Part IV of this Regulation, where no Member State can be determined responsible for examining the application for international protection 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. 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 the applicant, because of the transfer to that Member State, would face a real risk of violation of the applicant’s fundamental rights that amounts to inhuman or degrading treatment within the meaning of Article 4 of the Charter, the determining Member State shall continue to examine the criteria set out in Chapter II or the clauses set out in Chapter III of this Part 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 of this paragraph to any Member State designated on the basis of the criteria set out in Chapter II or the clauses set out in Chapter III of this Part or to the first Member State with which the application was registered, and cannot establish whether another Member State can be designated as responsible, that Member State shall become the Member State responsible for examining the application for international protection. 4. If a security check provided for in Article 15 of Regulation (EU) 2024/1356 has not been carried out pursuant to that Regulation, the first Member State in which the application for international protection was registered shall examine whether there are reasonable grounds to consider that the applicant poses a threat to internal security 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 this Part. If a security check provided for in Article 15 of Regulation (EU) 2024/1356 has been carried out, but the first Member State in which the application for international protection was registered has justified reasons to examine whether there are reasonable grounds to consider that the applicant poses a threat to internal security, that Member State shall carry out the examination as soon as possible after the registration of the application, before applying the criteria for determining the Member State responsible pursuant to Chapter II or the clauses set out in Chapter III of this Part. Where the security check carried out in accordance with Article 15 of Regulation (EU) 2024/1356 or in accordance with the first and second subparagraphs of this paragraph shows that there are reasonable grounds to consider that the applicant poses a threat to internal security, the Member State carrying out the security check shall be the Member State responsible, and Article 39 of this Regulation shall not apply. 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) 2024/1348.
Article 17 Obligations of the applicant and cooperation with the competent authorities
1. An application for international protection shall be made and registered in the Member State of first entry. 2. By way of derogation from paragraph 1, where a third-country national or stateless person is in possession of a valid residence document or a valid visa, the application for international protection shall be made and registered in the Member State that issued the residence document or visa. Where a third-country national or stateless person is in possession of a residence document or visa which has expired or was annulled, withdrawn or revoked, the application for international protection shall be made and registered in the Member State where he or she is present. 3. The applicant shall fully cooperate with the competent authorities of the Member States in collecting the biometric data in accordance with Regulation (EU) 2024/1358 and in matters covered by this Regulation, in particular by submitting and disclosing, as soon as possible and at the latest during the interview referred to in Article 22 of this Regulation, all the elements and information available to him or her that are relevant for determining the Member State responsible, including by submitting his or her identity documents if the applicant is in possession of such documents. Where the applicant is not in a position at the time of the interview to submit evidence to substantiate the elements and information provided, or to complete the template referred to in Article 22(1) of this Regulation, the competent authority shall set a reasonable time limit for submitting such evidence, taking into account the individual circumstances of the case, within the period referred to in Article 39(1) of this Regulation. 4. The applicant shall be required to be present in: (a) the Member State referred to in paragraphs 1 and 2 pending the determination of the Member State responsible and, where applicable, the implementation of the transfer procedure; (b) the Member State responsible; (c) the Member State of relocation following a transfer pursuant to Article 67(11). 5. Where a transfer decision is notified to the applicant in accordance with Article 42(2) and Article 67(10), the applicant shall cooperate with the competent authorities and comply with that decision.
Article 18 Consequences of non-compliance
1. Provided that the applicant has been informed of his or her obligations and the consequences of non-compliance therewith in accordance with Article 11(1), point (b), of Regulation (EU) 2024/1356 or Article 5(1) and 21 of Directive (EU) 2024/1346, the applicant shall not be entitled to the reception conditions set out in Articles 17 to 20 of that Directive in any Member State other than the one in which he or she is required to be present pursuant to Article 17(4) of this Regulation from the moment he or she has been notified of a decision to transfer him or her to the Member State responsible. The first subparagraph shall be without prejudice to the need to ensure a standard of living in accordance with Union law, including the Charter, and international obligations. 2. Elements and information relevant for determining the Member State responsible submitted after expiry of the time limit shall be taken into account only if they provide evidence that is decisive for the correct application of this Regulation, in particular regarding unaccompanied minors and family reunification. 3. Paragraph 1 shall not apply where the applicant is not in the Member State where he or she is required to be present and the competent authorities of the Member State in which the applicant is present have reasonable grounds to believe that the applicant might have been subjected to any of the offences referred to in Articles 2 and 3 of Directive 2011/36/EU of the European Parliament and of the Council ( 39 ) . 4. When applying this Article, Member States shall take into account the individual circumstances of the applicant, including any real risk of violations of fundamental rights in the Member State where the applicant is required to be present. Any measures taken by the Member States shall be proportionate.
Article 19 Right to information
1. As soon as possible and in any event by the date when an application for international protection is registered in a Member State, the competent authority of that Member State shall provide the applicant with information on the application of this Regulation, on his or her rights pursuant to this Regulation, and on the obligations set out in Article 17 as well as the consequences of non-compliance set out in Article 18. That information shall include in particular information on: (a) the objectives of this Regulation; (b) the cooperation expected of the applicant with the competent authorities as set out in Article 17; (c) the fact that the right to apply for international protection does not encompass a choice by the applicant as to which Member State is responsible for examining the application for international protection or as to which Member State is the Member State of relocation; (d) the consequences of making another application in a different Member State as well as the consequences of leaving the Member State where the applicant is required to be present pursuant to Article 17(4) and in particular that the applicant shall only be entitled to the reception conditions as set out in Article 18(1); (e) the criteria and procedure for determining the Member State responsible, the hierarchy of such criteria in the different steps of the procedure and the duration of the procedure; (f) the provisions relating to family reunification and, in that regard, the applicable definition of family members and relatives, the right to request and receive the template referred to in Article 22(1), including information on persons and entities that are able to provide assistance in completing the template, as well as information on national, international or other relevant organisations that are able to facilitate the identification and tracing of family members; (g) the right to and the aim of the personal interview in accordance with Article 22, the procedure and the obligation to submit, orally or through the provision of documents or other information, including where applicable through the template referred to in Article 22(1), 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 information on 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; (h) 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 documents, visas or educational diplomas; (i) the opportunity to present duly motivated reasons to the competent authorities in order for them to consider applying Article 35(1); (j) the obligation for the applicant to submit his or her identity documents where the applicant is in possession of such documents and to cooperate with the competent authorities in collecting the biometric data in accordance with Regulation (EU) 2024/1358; (k) the existence of the right to an effective remedy before a court or tribunal in order to challenge a transfer decision within the time limit set out in Article 43(2) and of the fact that the scope of such challenge is limited as laid down in Article 43(1); (l) the right to be granted legal counselling free of charge on matters relating to the application of the criteria set out in Chapter II or the clauses set out in Chapter III of this Part at all stages of the procedure for determining the Member State responsible, as set out in Article 21; (m) in the event of an appeal or review, the right to be granted, on request, legal assistance free of charge where the person concerned cannot afford the costs involved; (n) the fact that absconding will lead to an extension of the time limit in accordance with Article 46; (o) the fact that the competent authorities of Member States and the Asylum Agency will process personal data of the applicant including for the exchange of his or her data for the sole purpose of implementing their obligations under this Regulation and in full compliance with the requirements to protect natural persons with regard to the processing of personal data in accordance with Union and national law; (p) the categories of personal data concerned; (q) the right of access to data relating to the applicant and the right to request that such data be corrected if inaccurate or be deleted if unlawfully processed, as well as the procedures for exercising those rights, including the contact details of the authorities referred to in Article 52 and of the national data protection authorities responsible for hearing claims concerning the protection of personal data, and of the contact details of the data protection officer; (r) in the case of an unaccompanied minor, the guarantees and rights applicable to the applicant in that regard, the role and responsibilities of the representative and the procedure to file complaints against a representative in confidence and safety and in a manner that fully respects the child's right to be heard; (s) the fact that where the circumstantial evidence is not coherent, verifiable and sufficiently detailed to establish responsibility, the Member State may request a DNA or blood test to prove the existence of family links, or an assessment of the age of the applicant; (t) where applicable, the relocation procedure set out in Articles 67 and 68. 2. The applicant shall have the possibility to request information regarding the progress of the procedure and the competent authorities shall inform the applicant about that possibility. Where the applicant is a minor, the minor and the parent or representative shall have the possibility to request such information.
Article 20 Accessibility of information
1. The information referred to in Article 19 shall be provided in writing in a concise, transparent, intelligible and easily accessible form, using clear and plain language and in a language that the applicant understands or is reasonably supposed to understand. Member States shall use the common information material drawn up pursuant to paragraph 2 of this Article for that purpose. The common information material shall also be available online, on an open and easily accessible platform for applicants for international protection. Where necessary for the applicant’s proper understanding, the information shall also be provided orally, where appropriate in connection with the personal interview referred to in Article 22. For that purpose, the applicant shall have the opportunity to ask questions to clarify the information provided. Member States may use the support of multimedia equipment. 2. The Asylum Agency shall, in close cooperation with the responsible national authorities, draw up common information material, as well as specific information for unaccompanied minors and vulnerable applicants, where necessary for applicants with specific reception or procedural needs, containing at least the information referred to in Article 19. That common information material shall also include information regarding the application of Regulation (EU) 2024/1358 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. Where the applicant is a minor, the information referred to in Article 19 shall be provided in a child-friendly manner by appropriately trained staff and in the presence of the applicant’s representative.
Article 21 Right to legal counselling
1. Applicants shall have the right to consult, in an effective manner, a legal adviser or other counsellor, admitted or permitted as such under national law, on matters relating to the application of the criteria set out in Chapter II or the clauses set out in Chapter III of this Part at all stages of the procedure for determining the Member State responsible provided for in this Regulation. 2. Without prejudice to the applicant's right to choose his or her own legal adviser or other counsellor at his or her own cost, an applicant may request free legal counselling in the procedure for determining the Member State responsible. 3. Free legal counselling shall be provided by legal advisers or other counsellors admitted or permitted under national law to counsel, assist or represent applicants or by non-governmental organisations accredited under national law to provide legal services or representation to applicants. For the purposes of the first subparagraph, effective access to free legal counselling may be assured by entrusting a person with the provision of legal counselling in the administrative stage of the procedure to several applicants at the same time. 4. Member States may organise the provision of legal counselling in accordance with their national systems. 5. Member States shall lay down specific procedural rules concerning the arrangements for filing and processing requests for the provision of free legal counselling as provided for in this Article. 6. For the purposes of the procedure for determining the Member State responsible, the free legal counselling shall include the provision of: (a) guidance on and explanations of the criteria and procedures for determining the Member State responsible, including information on rights and obligations during all stages of that procedure; (b) guidance on and assistance in providing information that could help determine the Member State responsible in accordance with the criteria set out in Chapter II of this Part; (c) guidance and assistance on the template referred to in Article 22(1). 7. Without prejudice to paragraph 1, the provision of free legal counselling in the procedure for determining the Member State responsible may be excluded where the applicant is already assisted and represented by a legal adviser. 8. For the purpose of implementing this Article, Member States may request the assistance of the Asylum Agency. In addition, financial support may be provided through Union funds to the Member States, in accordance with the legal acts applicable to such funding.
Article 22 Personal interview
1. In order to facilitate the procedure for determining the Member State responsible, the competent authorities of the determining Member State referred to in Article 38(1) shall conduct a personal interview with the applicant for the purpose of applying Article 39. The interview shall also enable the applicant to properly understand the information received in accordance with Article 19. The competent authorities shall collect information on the specific applicant’s situation by proactively asking questions that would help determine the Member State responsible for the purpose of applying Article 39. Where there are indications that the applicant has family members or relatives in a Member State, the applicant shall receive a template, to be developed by the Asylum Agency. The applicant shall fill that template with the information available to him or her in order to facilitate the application of Article 39. Where possible, the applicant shall complete that template before the personal interview set out in this Article. The Asylum Agency shall develop the template referred to in the third subparagraph of this paragraph by 12 April 2025. The Asylum Agency shall also develop guidelines for the identification and tracing of family members to support the application of Articles 25–28 and 34 by the requesting and the requested Member State in accordance with Articles 39 and 40. The applicant shall have the opportunity to present duly motivated reasons to the competent authorities in order for them to consider applying Article 35(1). 2. The personal interview may be omitted where: (a) the applicant has absconded; (b) the applicant has not attended the personal interview and has not provided justified reasons for his or her absence; (c) the applicant, after having received the information referred to in Article 19, has already provided the information relevant to determine the Member State responsible by other means. For the purposes of the first subparagraph, point (c), of this paragraph, the Member State omitting the interview shall give the applicant the opportunity to present all further information which is relevant to correctly determine the Member State responsible within the period referred to in Article 39(1), including duly motivated reasons for the authority to consider the need for a personal interview. 3. The personal interview shall take place in a timely manner and, in any event, before any take charge request is made pursuant to Article 39. 4. The personal interview shall be conducted in the language preferred by the applicant unless there is another language which he or she understands and in which he or she is able to communicate clearly. Interviews of unaccompanied and, where applicable, accompanied minors shall be conducted by a person who has the necessary knowledge of the rights and special needs of minors, in a child-sensitive and context-appropriate manner, taking into consideration the age and maturity of the minor, in the presence of the representative and, where applicable, the minor’s legal adviser. Where necessary, an interpreter who is able to ensure appropriate communication between the applicant and the person conducting the personal interview shall be provided. The presence of a cultural mediator may be provided during the personal interview. Where requested by the applicant and where possible, the person conducting the interview and, where applicable, the interpreter shall be of the sex that the applicant prefers. 5. Where duly justified by the circumstances, Member States may conduct the personal interview by video conference. In such a case, the Member State shall ensure the necessary arrangements for the appropriate facilities, procedural and technical standards, legal assistance and interpretation, taking into account guidance from Asylum Agency. 6. The personal interview shall take place under conditions which ensure appropriate confidentiality. It shall be conducted by a person qualified under national law. Applicants who are identified as being in need of special procedural guarantees pursuant to Regulation (EU) 2024/1348, shall be provided with adequate support in order to create the conditions necessary for effectively presenting all elements allowing for the determination of the Member State responsible. Staff interviewing applicants shall also have acquired general knowledge of factors which could adversely affect the applicant’s ability to be interviewed, such as indications that the person has been tortured in the past or has been a victim of trafficking in human beings. 7. The Member State conducting the personal interview shall make an audio recording of the interview and make a written summary thereof which shall contain at least the main information supplied by the applicant at the interview. The applicant shall be informed in advance of the fact that such a recording is being made and the purpose thereof. Where there is doubt as to the statements made by the applicant during the personal interview, the audio recording shall prevail. The summary may take the form of either a report or a standard form. The Member State shall ensure that the applicant or the legal adviser or other counsellor, admitted or permitted as such under national law, who is legally representing the applicant has timely access to the summary, as soon as possible after the interview and in any event before the competent authorities take a decision on the Member State responsible. The applicant shall be given the opportunity to make comments or provide clarification orally or in writing with regard to any incorrect translations or misunderstandings or other factual mistakes appearing in the written summary at the end of the personal interview or within a specified time limit.
Article 23 Guarantees for minors
1. The best interests of the child shall be a primary consideration for Member States with respect to all procedures provided for in this Regulation. Procedures including minors shall be treated with priority. 2. Each Member State where an unaccompanied minor is present shall ensure that he or she is represented and assisted by a representative with respect to the relevant procedures provided for in this Regulation. The representative shall have the resources, qualifications, training, expertise and independence to ensure that the best interests of the child are taken into consideration during the procedures carried out under this Regulation. The representative shall have access to the content of the relevant documents in the applicant’s file including the specific information material for unaccompanied minors, and shall keep the unaccompanied minor informed about the progress of the procedures under this Regulation. Where an application is made by a person who claims to be a minor, or in relation to whom there are objective grounds to believe that he or she is a minor, and who is unaccompanied, the competent authorities shall: (a) designate as soon as possible and in any event in a timely manner, and for the purpose of assisting the minor in the procedure for determining the Member State responsible, a person with the necessary skills and expertise to provisionally assist the minor in order to safeguard his or her best interests and general well-being which enables the minor to benefit from the rights under this Regulation and, if applicable, act as a representative until a representative has been appointed; (b) appoint a representative as soon as possible and no later than fifteen working days from the date on which the application is made. In the case of a disproportionate number of applications made by unaccompanied minors or in other exceptional situations, the time limit for designating a representative pursuant to the second subparagraph, point (b), may be extended by ten working days. Where the competent authority concludes that an applicant who claims to be a minor is without any doubt above the age of eighteen years, it shall not be required to designate a representative in accordance with this paragraph. The duties of the representative or the person referred to in the second subparagraph, point (a), shall cease where the competent authorities, following the age assessment referred to in Article 25(1) of Regulation (EU) 2024/1348, do not assume that the applicant is a minor or consider that the applicant is not a minor, or where the applicant is no longer an unaccompanied minor. Where an organisation is appointed as a representative, it shall designate a person responsible for carrying out its duties in respect of the minor. The first subparagraph shall apply to that person. The representative provided for in the first subparagraph may be the same person or organisation as provided for in Article 23 of Regulation (EU) 2024/1348. 3. The Member States shall involve the representative of an unaccompanied minor throughout the entire procedure for determining the Member State responsible under this Regulation. The representative shall assist the unaccompanied minor in providing information relevant to the assessment of the best interests of the child in accordance with paragraph 4, including the exercise of the right to be heard, and shall support his or her engagement with other actors, such as family tracing organisations, where appropriate for that purpose, with due regard to confidentiality obligations towards the minor. 4. In assessing the best interests of the child, Member States shall closely cooperate with each other and shall, in particular, take due account of the following factors: (a) family reunification possibilities; (b) the minor’s well-being and social development in the short, medium and long term, including situations of additional vulnerabilities such as trauma, specific health needs or disability, taking into particular consideration the minor’s ethnic, religious, cultural and linguistic background, and having regard to the need for stability and continuity in the social and educational care; (c) safety and security considerations, in particular where there is a risk of the minor being a victim of any form of violence or exploitation, including trafficking in human beings; (d) the views of the minor, in accordance with his or her age and maturity; (e) where the applicant is an unaccompanied minor, the information provided by the representative in the Member State where the unaccompanied minor is present; (f) any other reasons relevant to the assessment of the best interests of the child. 5. Before transferring an unaccompanied minor, the transferring Member State shall notify the Member State responsible or the Member State of relocation, which shall confirm that all appropriate measures referred to in Articles 16 and 27 of Directive (EU) 2024/1346 and Article 23 of Regulation (EU) 2024/1348 will be taken without delay, including the appointment of a representative in the Member State responsible or the Member State of relocation. Any decision to transfer an unaccompanied minor shall be preceded by an individual assessment of the best interests of the child. The assessment shall be based on the relevant factors listed in paragraph 4 of this Article and the conclusions of the assessment of those factors shall be clearly stated in the transfer decision. The assessment shall be done without delay by appropriately trained staff with the necessary qualifications and expertise to ensure that the best interests of the child are taken into consideration. 6. For the purpose of applying Article 25, the Member State where the unaccompanied minor’s application for international protection was first registered shall immediately take appropriate action to identify any family members, siblings or relatives of the unaccompanied minor on the territory of Member States, while protecting the best interests of the child. To that end, that Member State may request the assistance of international or other relevant organisations, and may facilitate the minor’s access to the tracing services of such organisations. The staff of the competent authorities referred to in Article 52 who deal with requests concerning unaccompanied minors shall receive appropriate training concerning the specific needs of minors relevant for the application of this Regulation. 7. With a view to facilitating the appropriate action to identify the family members or relatives of an unaccompanied minor living in the territory of another Member State pursuant to paragraph 6 of this Article, the Commission shall adopt implementing acts including a standard form for the exchange of relevant information between Member States. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 77(2).
Article 24 Hierarchy of criteria
1. The criteria for determining the Member State responsible shall be applied in the order in which they are set out in this Chapter. 2. The Member State responsible in accordance with the criteria set out in this Chapter shall be determined on the basis of the situation when the application for international protection was first registered with a Member State.
Article 25 Unaccompanied minors
1. Where the applicant is an unaccompanied minor, only the criteria set out in this Article shall apply. Those criteria shall apply in the order in which they are set out in paragraphs 2 to 5. 2. The Member State responsible shall be the Member State where a family member or a sibling of the unaccompanied minor is legally present, unless it is demonstrated that it is not in the best interests of the child. Where the applicant is a married minor whose spouse is not legally present on the territory of the Member States, the Member State responsible shall be the Member State where the father, mother or other adult responsible for the minor, whether by law or by the practice of that Member State, or sibling is legally present, unless it is demonstrated that it is not in the best interests of the child. 3. Where the applicant is an unaccompanied minor who has a relative who is legally present in another Member State and where it is established, on the basis of an individual examination, that the relative can take care of him or her, that Member State shall unite the minor with his or her relative and shall be the Member State responsible, unless it is demonstrated that it is not in the best interests of the child. 4. Where family members, siblings or relatives as referred to in paragraphs 2 and 3 are staying in more than one Member State, the Member State responsible shall be determined on the basis of what is in the best interests of the child. 5. In the absence of a family member, sibling or relative as referred to in paragraphs 2 and 3, the Member State responsible shall be that where the unaccompanied minor’s application for international protection was first registered, if it is in the best interests of the child. 6. The Commission is empowered to adopt delegated acts in accordance with Article 78 concerning: (a) the identification of family members, siblings or relatives of unaccompanied minors; (b) the criteria for establishing the existence of proven family links; (c) the criteria for assessing the capacity of a relative to take care of an unaccompanied minor, including where family members, siblings or relatives of the unaccompanied minor are staying in more than one Member State. In exercising its power to adopt delegated acts, the Commission shall not exceed the scope of the best interests of the child as provided for under Article 23(4). 7. The Commission shall, by means of implementing acts, establish uniform methods for the consultation and the exchange of information between Member States for the purposes of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 77(2).
Article 26 Family members who legally reside in a Member State
1. Where the applicant has a family member who has been allowed to reside as a beneficiary of international protection in a Member State or who resides in a Member State on the basis of a long-term residence permit in accordance with Council Directive 2003/109/EC ( 40 ) or long-term residence permit granted in accordance with national law, where that Directive does not apply in the Member State concerned, that Member State shall be responsible for examining the application for international protection, provided that the persons concerned have expressed their desire to that effect in writing. 2. Where the family member had previously been allowed to reside as a beneficiary of international protection, but has later become a citizen of a Member State, that Member State shall be responsible for examining the application, provided that the persons concerned have expressed their desire to that effect in writing. 3. Paragraphs 1 and 2 shall also apply to children born after the family member arrived on the territory of the Member States.
Article 27 Family members who are applicants for international protection
Where the applicant has a family member whose application for international protection in a Member State has not yet been the subject of a first decision regarding the substance, that Member State shall be responsible for examining the application for international protection, provided that the persons concerned have expressed their desire to that effect in writing.
Article 28 Family procedure
Where applications for international protection by several family members or minor unmarried siblings are registered in the same Member State simultaneously or on dates close enough for the procedures for determining the Member State responsible to be conducted together, and where the application of the criteria set out in this Regulation would lead to those persons being separated, the Member State responsible for examining their applications shall be determined in the following order: (a) the Member State which the criteria indicate is responsible for taking charge of the largest number of them; (b) the Member State which the criteria indicate is responsible for examining the application of the oldest of them.
Article 29 Issue of residence documents or visas
1. Where the applicant holds a valid residence document, the Member State that issued that document shall be responsible for examining the application for international protection. 2. Where the applicant holds a valid visa, the Member State that issued that visa shall be responsible for examining the application for international protection, unless that visa was issued on behalf of another Member State under a representation arrangement as provided for in Article 8 of Regulation (EC) No 810/2009. In such a case, the represented Member State shall be responsible for examining the application for international protection. 3. Where the applicant holds more than one valid residence document or visa issued by different Member States, the Member State responsible for examining the application for international protection shall be determined in the following order: (a) the Member State that issued the residence document conferring the right to the longest period of residency or, where the periods of validity are identical, the Member State that issued the residence document having the latest expiry date; (b) where the various visas are of the same type, the Member State that issued the visa having the latest expiry date; (c) where the visas are of different types, the Member State that issued the visa having the longest period of validity or, where the periods of validity are identical, the Member State that issued the visa having the latest expiry date. 4. Where the applicant holds one or more residence documents the validity of which has expired or which were annulled, revoked or withdrawn less than three years before the application was registered, or one or more visas the validity of which has expired or which were annulled, revoked or withdrawn less than 18 months before the application was registered, paragraphs 1, 2 and 3 shall apply. 5. The fact that the residence document or visa was issued on the basis of a false or assumed identity or on the submission of forged, counterfeit or invalid documents shall not prevent responsibility being allocated to the Member State which issued that residence document or visa. However, the Member State that issued the residence document or visa shall not be responsible if it can establish that fraud was committed after the document or visa was issued.
Article 30 Diplomas or other qualifications
1. Where the applicant is in possession of a diploma or qualification issued by an education establishment established in a Member State, that Member State shall be responsible for examining the application for international protection, provided that the application is registered less than six years after the diploma or qualification was issued. 2. Where the applicant is in possession of more than one diploma or qualification issued by education establishments in different Member States, the responsibility for examining the application for international protection shall be assumed by the Member State which issued the diploma or qualification following the longest period of study or, where the periods of study are identical, by the Member State in which the most recent diploma or qualification was obtained.
Article 31 Visa-waived entry
1. If a third-country national or a stateless person enters the territory of the Member States through a Member State in which the need for him or her to have a visa is waived, that Member State shall be responsible for examining his or her application for international protection. 2. Paragraph 1 shall not apply if the application for international protection of the third-country national or the stateless person is registered in another Member State in which the need for him or her to have a visa for entry into the territory is also waived. In that case, that other Member State shall be responsible for examining the application for international protection.
Article 32 Application in an international transit area of an airport
Where the application for international protection is made in the international transit area of an airport of a Member State, that Member State shall be responsible for examining the application.
Article 33 Entry
1. Where it is established, on the basis of proof or circumstantial evidence as described in the lists referred to in Article 40(4) of this Regulation, including the data referred to in Regulation (EU) 2024/1358, that an applicant has irregularly crossed the border into a Member State by land, sea or air from a third country, the first Member State that the applicant enters shall be responsible for examining the application for international protection. That responsibility shall cease if the application is registered more than 20 months after the date on which that border crossing took place. 2. Notwithstanding the first paragraph of this Article, where it is established, on the basis of proof or circumstantial evidence as described in the lists referred to in Article 40(4) of this Regulation, including the data referred to in Regulation (EU) 2024/1358, that an applicant has been disembarked on the territory of a Member State following a search and rescue operation, that Member State shall be responsible for examining the application for international protection. That responsibility shall cease if the application is registered more than 12 months after the date on which that disembarkation took place. 3. Paragraphs 1 and 2 of this Article shall not apply if it can be established, on the basis of proof or circumstantial evidence as described in the lists referred to in Article 40(4) of this Regulation, including the data referred to in Regulation (EU) 2024/1358, that the applicant was relocated to another Member State pursuant to Article 67 of this Regulation after having crossed the border. In that case, that other Member State shall be responsible for examining the application for international protection.
Article 34 Dependent persons
1. Where, on account of pregnancy, having a new-born child, serious mental or physical illness, severe disability, severe psychological trauma or old age, an applicant is dependent on the assistance of his or her child, sibling or parent legally resident in one of the Member States, or his or her child, sibling or parent legally resident in one of the Member States is dependent on the assistance of the applicant, Member States shall normally keep or bring together the applicant with that child, sibling or parent, provided that family ties existed before the applicant arrived on the territory of the Member States, that the child, sibling or parent or the applicant is able to take care of the dependent person and that, having been informed of this possibility, the persons concerned expressed their desire to that effect in writing. Where there are indications that a child, sibling or parent is legally resident on the territory of the Member State where the dependent person is present, that Member State shall verify whether the child, sibling or parent can take care of the dependent person, before making a take charge request pursuant to Article 39. 2. Where the child, sibling or parent referred to in paragraph 1 is legally resident in a Member State other than the one where the applicant is present, the Member State responsible shall be the Member State where that child, sibling or parent is legally resident, unless the applicant’s health prevents him or her from travelling to that Member State for a significant period of time. In such a case, the Member State responsible shall be the Member State where the applicant is present. That Member State shall not be subject to the obligation to bring the child, sibling or parent of the applicant to its territory. 3. The Commission is empowered to adopt delegated acts in accordance with Article 78 concerning: (a) the elements to be taken into account in order to assess the dependency link; (b) the criteria for establishing the existence of proven family links; (c) the criteria for assessing the capacity of the person concerned to take care of the dependent person; (d) the elements to be taken into account in order to assess the inability of the person concerned to travel for a significant period of time. 4. The Commission shall, by means of implementing acts, establish uniform methods for the consultation and exchange of information between Member States for the purposes of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 77(2).
Article 35 Discretionary clauses
1. By way of derogation from Article 16(1), a Member State may decide to examine an application for international protection by a third-country national or a stateless person registered with it, even if such examination is not its responsibility according to the criteria laid down in this Regulation. 2. The Member State in which an application for international protection is registered and which is carrying out the procedure for determining the Member State responsible, or the Member State responsible, may, at any time before a first decision regarding the substance is taken, request another Member State to take charge of an applicant in order to bring together any family relations, on humanitarian grounds based in particular on meaningful links regarding family, social or cultural considerations, even where that other Member State is not responsible according to the criteria laid down in Articles 25 to 28 and 34. The persons concerned shall express their consent to that effect in writing. The take charge request shall contain all the material in the possession of the requesting Member State necessary to allow the requested Member State to assess the situation. The requested Member State shall carry out any necessary checks to examine the humanitarian grounds referred to in the request, and shall reply to the requesting Member State within two months of receipt of the request using the electronic communication network set up under Article 18 of Regulation (EC) No 1560/2003. A refusal of the request shall state the reasons on which the refusal is based.
Article 36 Obligations of the Member State responsible
1. The Member State responsible under this Regulation shall be obliged to: (a) take charge, under the conditions laid down in Articles 39, 40 and 46, of an applicant whose application was registered in a different Member State; (b) take back, under the conditions laid down in Articles 41 and 46 of this Regulation, an applicant or a third-country national or a stateless person in relation to whom that Member State has been indicated as the Member State responsible under Article 16(1) of Regulation (EU) 2024/1358; (c) take back, under the conditions laid down in Articles 41 and 46 of this Regulation, an admitted person who has made an application for international protection or who is irregularly staying in a Member State other than the Member State which accepted to admit him or her in accordance with Regulation (EU) 2024/1350, or which granted international protection or humanitarian status under a national resettlement scheme. 2. For the purposes of this Regulation, it shall not be possible to separate the situation of a minor who is accompanying the applicant and meets the definition of family member from that of his or her family member and the minor shall be taken charge of or taken back by the Member State responsible for examining the application for international protection of that family member, without the need for a written consent by the person concerned, even if the minor is not individually an applicant, unless it is demonstrated that this is not in the best interests of the child. The same shall apply to children born after the arrival of the applicant on the territory of the Member States, without the need to initiate a new procedure for taking charge of them. Notwithstanding the requirement for written consent provided for in Article 26, where a new procedure for taking charge of a minor is initiated with regard to a Member State which is indicated as the Member State responsible pursuant to Article 26, no written consent shall be required by the persons concerned, unless it is demonstrated that the transfer to the Member State responsible is not in the best interests of the child. 3. In the situations referred to in paragraph 1, points (a) and (b), of this Article the Member State responsible shall examine or complete the examination of the application for international protection in accordance with Regulation (EU) 2024/1348.
Article 37 Cessation of responsibilities
1. Where a Member State issues a residence document to the applicant, decides to apply Article 35, considers that it is not in the best interests of the child to transfer an unaccompanied minor to the Member State responsible, or does not transfer the person concerned to the Member State responsible within the time limits set out in Article 46, that Member State shall become the Member State responsible and the obligations laid down in Article 36 shall be transferred to that Member State. Where applicable, it shall inform the Member State previously responsible, the Member State conducting a procedure for determining the Member State responsible or the Member State that has been requested to take charge of the applicant or that has received a take back notification, using the electronic communication network set up under Article 18 of Regulation (EC) No 1560/2003. The Member State that becomes responsible pursuant to the first subparagraph of this paragraph shall indicate that it has become the Member State responsible pursuant to Article 16(3) of Regulation (EU) 2024/1358. 2. Following an examination of an application in the border procedure pursuant to Regulation (EU) 2024/1348, the obligations laid down in Article 36(1) of this Regulation shall cease 15 months after a decision rejecting an application as inadmissible, unfounded or manifestly unfounded with regard to refugee status or subsidiary protection status or a decision declaring an application as implicitly or explicitly withdrawn has become final. An application registered after the period referred to in the first subparagraph shall be regarded as a new application for the purposes of this Regulation, thereby giving rise to a new procedure for determining the Member State responsible. 3. Notwithstanding the first subparagraph of paragraph 2 of this Article, where the person applies for international protection in another Member State within the period of 15 months referred to in that subparagraph and a take back procedure is pending at the date of expiration of that period of 15 months, responsibility shall not cease until that take back procedure is completed or the time limits for the transferring Member State to carry out the transfer in accordance with Article 46 have expired. 4. The obligations laid down in Article 36(1) of this Regulation shall cease where the Member State responsible establishes, on the basis of data recorded and stored in accordance with Regulation (EU) 2017/2226 or other evidence, that the person concerned has left the territory of the Member States for at least nine months, unless the person concerned is in possession of a valid residence document issued by the Member State responsible. An application registered after the period of absence referred to in the first subparagraph shall be regarded as a new application for the purposes of this Regulation, thereby giving rise to a new procedure for determining the Member State responsible. 5. The obligation laid down in Article 36(1), point (b), of this Regulation to take back a third-country national or a stateless person shall cease where it is established, on the basis of the update of the data set referred to in Article 16(2), point (d), of Regulation (EU) 2024/1358, that the person concerned has left the territory of the Member States, on either a compulsory or a voluntary basis, in compliance with a return decision or removal order issued following the withdrawal or rejection of the application. An application registered after an effective removal or voluntary return has taken place shall be regarded as a new application for the purposes of this Regulation, thereby giving rise to a new procedure for determining the Member State responsible.
Article 38 Start of the procedure
1. The Member State where an application for international protection is first registered pursuant to Regulation (EU) 2024/1348 or, where applicable, the Member State of relocation shall start the procedure for determining the Member State responsible without delay. 2. If the applicant absconds, the Member State where an application is first registered or, where applicable, the Member State of relocation shall continue the procedure for determining the Member State responsible. 3. The Member State which has conducted the procedure for determining the Member State responsible, or which has become responsible pursuant to Article 16(4) of this Regulation, shall without delay indicate in Eurodac pursuant to Article 16(1) of Regulation (EU) 2024/1358: (a) its responsibility pursuant to Article 16(2); (b) its responsibility pursuant to Article 16(3); (c) its responsibility pursuant to Article 16(4); (d) its responsibility due to its failure to comply with the time limits laid down in Article 39; (e) the responsibility of the Member State which has accepted a request to take charge of the applicant pursuant to Article 40. (f) its responsibility pursuant to Article 68(3). Until such information has been added, the procedures in paragraph 4 of this Article shall apply. 4. An applicant who is present in another Member State without a residence document, or who in that Member State makes an application for international protection during the procedure for determining the Member State responsible, shall be taken back by the determining Member State under the conditions laid down in Articles 41 and 46. That obligation shall cease where the determining Member State establishes that the applicant has obtained a residence document from another Member State. 5. An applicant who is present in a Member State without a residence document, or who in that Member State makes an application for international protection, after another Member State has confirmed that the person concerned is to be relocated pursuant to Article 67(9), and before the transfer has been carried out to the Member State of relocation pursuant to Article 67(11), shall be taken back by that Member State under the conditions laid down in Articles 41 and 46. That obligation shall cease where the Member State of relocation establishes that the applicant has obtained a residence document from another Member State.
Article 39 Submitting a take charge request
1. If the Member State referred to in Article 38(1) considers that another Member State is responsible for examining the application, it shall, immediately and in any event within two months of the date on which the application was registered, request that other Member State to take charge of the applicant. Member States shall prioritise requests made on the basis of Articles 25 to 28 and 34. Notwithstanding the first subparagraph of this paragraph, in the case of a Eurodac hit with data recorded pursuant to Articles 22 and 24 of Regulation (EU) 2024/1358 or of a VIS hit with data recorded pursuant to Article 21 of Regulation (EC) No 767/2008, the request to take charge shall be sent within one month of receiving such hit. Where the request to take charge of an applicant is not made within the periods laid down in the first and second subparagraphs, responsibility for examining the application for international protection shall lie with the Member State where the application was registered. Where the applicant is an unaccompanied minor, the determining Member State shall, at any time before a first decision regarding the substance is taken, where it considers that it is in the best interests of the child, continue the procedure for determining the Member State responsible and request another Member State to take charge of the applicant, in particular if the request is based on Article 26, 27 or 34, notwithstanding the expiry of the time limits laid down in the first and second subparagraphs of this paragraph. 2. The requesting Member State may request an urgent reply where the application for international protection was registered after a decision to refuse entry or a return decision was issued. The request shall state the reasons that warrant an urgent reply and the period within which a reply is requested. That period shall be at least one week. 3. The take charge request shall include full and detailed reasons, based on all the circumstances of the case including the relevant elements from the applicant’s statement, relating to the relevant criteria set out in Chapter II and, where applicable, the template referred to in Article 22(1). It shall be submitted using a standard form and include proof or circumstantial evidence as described in the lists referred to in Article 40(4or any other documentation or information relevant for justifying the request, enabling the authorities of the requested Member State to check whether that Member State is responsible on the basis of the criteria laid down in this Regulation. The Commission shall, by means of implementing acts, establish uniform methods for the preparation and submission of take charge requests. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 77(2).
Article 40 Replying to a take charge request
1. The requested Member State shall carry out the necessary checks, and shall reply to the request to take charge of an applicant without delay and in any event within one month of receipt of the request. Member States shall prioritise requests made on the basis of Articles 25 to 28 and 34. To that end, the requested Member State may request assistance from national, international or other relevant organisations to verify the relevant elements of proof and circumstantial evidence submitted by the requesting Member State, in particular for the identification and tracing of family members. 2. Notwithstanding paragraph 1, in the case of a Eurodac hit with data recorded pursuant to Articles 22 and 24 of Regulation (EU) 2024/1358 or of a VIS hit with data recorded pursuant to Article 21(2) of Regulation (EC) No 767/2008, the requested Member State shall reply to the request within two weeks of receipt of the request. 3. In the procedure for determining the Member State responsible elements of proof and circumstantial evidence shall be used. 4. The Commission shall, by means of implementing acts, establish, and review periodically, two lists, indicating the relevant elements of proof and circumstantial evidence in accordance with the criteria set out in the second and third subparagraphs of this paragraph. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 77(2). For the purposes of the first subparagraph, proof refers to formal proof which determines responsibility pursuant to this Regulation, provided that it is not refuted by proof to the contrary. The Member States shall provide the Commission with models of the different types of administrative documents, in accordance with the typology established in the list of formal proof. For the purposes of the first subparagraph, circumstantial evidence refers to indicative elements which while being refutable may be sufficient according to the evidentiary value attributed to them. The evidentiary value of circumstantial evidence shall, in relation to the responsibility for examining the application for international protection, be assessed on a case-by-case basis. 5. The requirement of proof and circumstantial evidence shall not exceed what is necessary for the proper application of this Regulation. 6. The requested Member State shall acknowledge its responsibility provided that the circumstantial evidence is coherent, verifiable and sufficiently detailed to establish responsibility. Where the request is made on the basis of Articles 25 to 28 and 34, and the requested Member State does not consider that the circumstantial evidence is coherent, verifiable and sufficiently detailed to establish responsibility, it shall set out the reasons in the reply referred to in paragraph 8 of this Article. 7. Where the requesting Member State has asked for an urgent reply pursuant to Article 39(2), the requested Member State shall reply within the period requested or, failing that, within two weeks of receipt of the request. 8. Where the requested Member State does not object to the request within the one-month period set out in paragraph 1 of this Article, or where applicable within the two-week period set out in paragraphs 2 and 7 of this Article, by a reply which sets out substantiated reasons, based on all the circumstances of the case relating to the relevant criteria set out in Chapter II, that lack of objection shall be tantamount to accepting the request, and shall entail the obligation to take charge of the person, including the obligation to provide for proper arrangements for arrival. The substantiated reasons shall be supported by proof and circumstantial evidence where available. The Commission shall, by means of implementing acts, draw up a standard form for replies setting out substantiated reasons pursuant to this Article. Those implementing acts shall be adopted in accordance with the examination procedure laid down in Article 77(2).
Article 41 Submitting a take back notification
1. In a situation referred to in Article 36(1), point (b) or (c), the Member State where the person is present shall make a take back notification immediately and in any event within two weeks after receiving the Eurodac hit. Failure to make the take back notification within that time limit shall not affect the obligation of the Member State responsible to take back the person concerned. 2. A take back notification shall be made using a standard form and shall include proof or circumstantial evidence as described in the lists referred to in Article 40(4) or relevant elements from the statements of the person concerned. 3. The notified Member State shall confirm receipt of the notification to the Member State which made the notification within two weeks, unless the notified Member State demonstrates within that time limit that it is not responsible pursuant to Article 37 or that the take back notification is based on an incorrect indication of the Member State responsible pursuant to Regulation (EU) 2024/1358. 4. Failure to act within the two-week period set out in paragraph 3 shall be tantamount to confirming the receipt of the notification. 5. The Commission shall, by means of implementing acts, establish uniform methods for the preparation and submission of take back notifications. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 77(2).
Article 42 Notification of a transfer decision
1. The determining Member State whose take charge request as regards the applicant referred to in Article 36(1), point (a), has been accepted or that made a take back notification as regards persons referred to in Article 36(1), point (b) and (c), shall take a transfer decision within two weeks of the acceptance or confirmation. 2. Where the requested or notified Member State accepts to take charge of an applicant or confirms to take back a person referred to in Article 36(1), point (b) or (c), the transferring Member State shall notify the person concerned of the decision to transfer him or her to the Member State responsible in writing, in plain language and without delay as well as, where applicable, of the fact that it will not examine his or her application for international protection, the time limits for carrying out the transfer and the obligation to comply with the decision pursuant to Article 17(5). 3. Where a legal adviser or other counsellor, admitted or permitted as such under national law, is legally representing the person concerned, Member States may notify the decision referred to in paragraph 1 to such legal adviser or counsellor instead of to the person concerned and, where applicable, communicate the decision to the person concerned. 4. The decision referred to in paragraph 1 of this Article shall also include information on the legal remedies available pursuant to Article 43, including on the right to apply for suspensive effect, and on the time limits applicable for seeking such remedies and for carrying out the transfer, and shall, if necessary, contain information on the place where, and the date on which, the person concerned is required to appear, if that person is travelling to the Member State responsible by his or her own means. Member States shall ensure that information on persons or entities that are able to provide legal assistance to the person concerned is communicated to the person concerned together with the decision referred to in paragraph 1, unless that information has already been communicated. 5. Where the person concerned is not legally represented by a legal adviser or other counsellor, admitted or permitted as such under national law, Member States shall provide him or her with information on the main elements of the decision, which shall include information on the legal remedies available and the time limits applicable for seeking such remedies, in a language that the person concerned understands or is reasonably supposed to understand.
Article 43 Remedies
1. The applicant or another person as referred to in Article 36(1), points (b) and (c), shall have the right to an effective remedy, in the form of an appeal or a review, in fact and in law, against a transfer decision before a court or tribunal. The scope of such remedy shall be limited to an assessment of: (a) whether the transfer would, for the person concerned, result in a real risk of inhuman or degrading treatment within the meaning of Article 4 of the Charter; (b) whether there are circumstances subsequent to the transfer decision that are decisive for the correct application of this Regulation; (c) whether Articles 25 to 28 and 34 have been infringed, in the case of persons taken charge of pursuant to Article 36(1), point (a). 2. Member States shall provide for a period of at least one week but no more than three weeks after the notification of a transfer decision within which the person concerned may exercise his or her right to an effective remedy pursuant to paragraph 1. 3. The person concerned shall have the right to request, within a reasonable period of time from the notification of the transfer decision but in any event no longer than the period provided for by Member States pursuant to paragraph 2, a court or tribunal to suspend the implementation of the transfer decision pending the outcome of his or her appeal or review. Member States may provide in national law that the request to suspend the implementation of the transfer decision must be lodged together with the appeal pursuant to paragraph 1. Member States shall ensure that an effective remedy is in place by suspending the transfer until the decision on the first suspension request is taken. Any decision on whether to suspend the implementation of the transfer decision shall be taken within one month of the date when the competent court or tribunal received that request. Where the person concerned has not exercised his or her right to request suspensive effect, the appeal against, or review of, the transfer decision shall not suspend the implementation of the transfer decision. A decision not to suspend the implementation of the transfer decision shall state the reasons on which it is based. If suspensive effect is granted, the court or tribunal shall endeavour to decide on the substance of the appeal or review within one month of the decision to grant suspensive effect. 4. Member States shall ensure that the person concerned has access to legal assistance and, where necessary, to linguistic assistance. 5. Member States shall ensure that legal assistance and representation in the appeal procedure are granted on request free of charge where the person concerned cannot afford the costs involved. Member States may provide that, as regards fees and other costs, the treatment of persons subject to this Regulation shall not be more favourable than the treatment generally accorded to their nationals in matters pertaining to legal assistance and representation. Member States may provide that free legal assistance and representation is not to be granted where the appeal or review is considered by the competent authority or a court or tribunal to have no tangible prospect of success, provided that access to legal assistance and representation is not thereby arbitrarily restricted. Where a decision not to grant free legal assistance and representation pursuant to the second subparagraph is taken by an authority other than a court or tribunal, Member States shall provide for an effective remedy before a court or tribunal to challenge that decision. Where the decision is challenged, the remedy shall be an integral part of the remedy referred to in paragraph 1. Member States shall ensure that legal assistance and representation are not arbitrarily restricted and that effective access to justice for the person concerned is not hindered. Legal assistance shall include at least the preparation of the required procedural documents. Legal representation shall include at least the representation before a court or tribunal and may be restricted to legal advisers or counsellors specifically designated by national law to provide legal assistance and representation. Procedures for access to legal assistance and representation shall be laid down in national law.
Article 44 Detention
1. Member States shall not hold a person in detention for the sole reason that he or she is subject to the procedure established by this Regulation. 2. Where there is a risk of absconding or where the protection of national security or public order so requires, Member States may detain the person concerned in order to ensure transfer procedures in accordance with this Regulation, on the basis of an individual assessment of the person’s circumstances, and only in so far as detention is proportional and other less coercive alternative measures cannot be applied effectively. 3. Detention shall be as short as possible and for no longer than the time reasonably necessary to complete the required administrative procedures with due diligence until the transfer under this Regulation is carried out. 4. As regards the detention conditions and the guarantees applicable to applicants detained pursuant to this Article, Articles 11, 12 and 13 of Directive (EU) 2024/1346 shall apply. 5. Detention pursuant to this Article shall be ordered in writing by administrative or judicial authorities. The detention order shall state the reasons in fact and in law on which it is based. Where detention is ordered by an administrative authority, Member States shall provide for a speedy judicial review of the lawfulness of detention to be conducted ex officio or at the request of the applicant, or both.
Article 45 Time limits for detained applicants
1. By way of derogation from Articles 39 and 41, where a person is detained pursuant to Article 44, the period for submitting a take charge request or a take back notification shall not exceed two weeks from the registration of the application for international protection or two weeks from receiving the Eurodac hit where no new application has been registered in the notifying Member State. Where a person is detained at a later stage than the registration of the application, the period for submitting a take charge request or a take back notification shall not exceed one week from the date on which the person was placed in detention. 2. By way of derogation from Article 40(1), the requested Member State shall reply as soon as possible, and in any event within one week of receipt of the request. Failure to reply within the one-week period shall be tantamount to accepting the take charge request and shall entail the obligation to take charge of the person, including the obligation to provide for proper arrangements for arrival. 3. By way of derogation from Article 46, where a person is detained, the transfer of that person from the transferring Member State to the Member State responsible shall be carried out as soon as practically possible, and within five weeks of: (a) the date on which the request to take charge was accepted or the take back notification was confirmed; or (b) the date when the appeal or review no longer has suspensive effect in accordance with Article 43(3). 4. Where the transferring Member State fails to comply with the time limits for submitting a take charge request or take back notification or to take a transfer decision within the time limit laid down in Article 42(1) or where the transfer does not take place within the period of five weeks referred to in paragraph 3 of this Article, the person shall no longer be detained. Articles 39, 41 and 46 shall continue to apply accordingly.
Article 46 Detailed rules and time limits
1. The transfer of an applicant or of another person as referred to in Article 36(1), points (b) and (c), from the transferring Member State to the Member State responsible shall be carried out in accordance with the national law of the transferring Member State, after consultation between the Member States concerned, as soon as practically possible and within six months of the acceptance of the take charge request, of the confirmation of the take back notification by another Member State or of the final decision on an appeal or review of a transfer decision with suspensive effect in accordance with Article 43(3). Member States shall prioritise transfers of applicants following the acceptance of requests made on the basis of Articles 25 to 28 and 34. Where the transfer is carried out for the purposes of relocation, the transfer shall take place within the time limit set out in Article 67(11). If transfers to the Member State responsible are carried out by supervised departure or under escort, Member States shall ensure that they are carried out in a humane manner and in compliance with and with full respect for human dignity and other fundamental rights. If necessary, the transferring Member State shall supply the person concerned with a laissez-passer . The Commission shall, by means of implementing acts, establish the design of the laissez-passer . Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 77(2). The Member State responsible shall inform the transferring Member State, as appropriate, of the safe arrival of the person concerned or of the fact that he or she did not appear within the set time limit. 2. Where the transfer does not take place within the time limit set out in paragraph 1, first subparagraph, the Member State responsible shall be relieved of its obligations to take charge of or to take back the person concerned and responsibility shall be transferred to the transferring Member State. That time limit may be extended up to a maximum of one year if the transfer could not be carried out due to the imprisonment of the person concerned or up to a maximum of three years from when the requesting Member State informed the Member State responsible that the person concerned, or a family member to be transferred together with the person concerned, has absconded, is physically resisting the transfer, is intentionally making himself or herself unfit for the transfer, or is not complying with medical requirements for the transfer. Where the person concerned becomes available to the authorities again and the time remaining from the period referred to in paragraph 1 is less than three months, the transferring Member State shall have a period of three months to carry out the transfer. 3. Where a person has been transferred erroneously or a decision to transfer is overturned on appeal or review after the transfer has been carried out, the Member State which carried out the transfer shall promptly accept that person back. 4. The Commission shall, by means of implementing acts, establish uniform methods for the consultation and exchange of information between Member States for the purposes of this Article, in particular in the event of postponed or delayed transfers, transfers following acceptance by default, transfers of minors or dependent persons, and supervised transfers. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 77(2).
Article 47 Costs of transfer
1. In accordance with Article 20 of Regulation (EU) 2021/1147, a contribution shall be paid to the Member State carrying out the transfer of an applicant or another person as referred to in Article 36(1), point (b) or (c), of this Regulation pursuant to Article 46 of this Regulation. 2. Where the person concerned is to be transferred back to a Member State as a result of an erroneous transfer or of a transfer decision that has been overturned on appeal or review after the transfer has been carried out, the Member State which initially carried out the transfer shall be responsible for the costs of transferring the person concerned back to its territory. 3. Persons transferred pursuant to this Regulation shall not be required to meet the costs of such transfers.
Article 48 Exchange of relevant information before a transfer is carried out
1. The Member State carrying out the transfer of an applicant or of another person as referred to in Article 36(1), point (b) or (c), shall communicate to the Member State responsible personal data concerning the person to be transferred that are adequate, relevant and limited to what is necessary for the sole purposes of ensuring that the competent authorities, in accordance with national law of the Member State responsible, are in a position to provide that person with adequate assistance, including the provision of immediate health care required in order to protect his or her vital interests, to ensure continuity in the protection and rights afforded by this Regulation and by other applicable legal instruments in the field of asylum. Those data shall be communicated to the Member State responsible within a reasonable period of time before a transfer is carried out, in order to ensure that its competent authorities have sufficient time to take the necessary measures. 2. The transferring Member State shall transmit to the Member State responsible any information that is essential in order to safeguard the rights and any immediate special needs of the person to be transferred, and in particular: (a) information on any immediate measures which the Member State responsible is required to take in order to ensure that the special needs of the person to be transferred are adequately addressed, including any immediate health care required and, where necessary, any arrangements needed to protect the best interests of the child; (b) contact details of family members, relatives or any other family relations in the receiving Member State, where applicable; (c) in the case of minors, information on the assessment of the best interests of the child and on their education; (d) where applicable, an assessment of the age of an applicant; (e) where applicable, the screening form pursuant to Article 17 of Regulation (EU) 2024/1356, including any evidence referred to on the form; (f) any other relevant information. 3. The exchange of information under this Article shall only take place between the authorities notified to the Commission in accordance with Article 52 of this Regulation using the electronic communication network set up under Article 18 of Regulation (EC) No 1560/2003. The information exchanged shall be used only for the purposes set out in paragraph 1 of this Article and shall not be further processed. 4. With a view to facilitating the exchange of information between Member States, the Commission shall, by means of implementing acts, draw up a standard form for the transfer of the data required pursuant to this Article. Those implementing acts shall be adopted in accordance with the examination procedure laid down in Article 77(2). 5. Article 51(8) and (9) shall apply to the exchange of information pursuant to this Article.
Article 49 Exchange of security-relevant information before a transfer is carried out
For the purpose of applying Article 41, where the transferring Member State is in possession of information that indicates that there are reasonable grounds to consider the applicant or another person as referred to in Article 36(1), point (b) or (c), a danger to national security or public order in a Member State, the competent authorities of that Member State shall indicate the existence of such information to the Member State responsible. The information shall be shared between the law enforcement authorities or other competent authorities of those Member States through the appropriate channels for such information exchange.
Article 50 Exchange of health data before a transfer is carried out
1. For the sole purpose of the provision of medical care or treatment, in particular concerning vulnerable persons, including disabled persons, elderly people, pregnant women, minors and persons who have been subject to torture, rape or other serious forms of psychological, physical or sexual violence, the transferring Member State shall, in so far as it is available to its competent authority in accordance with national law, transmit to the Member State responsible information on any special needs of the person to be transferred, which in specific cases can include information on that person’s physical or mental health. That information shall be transferred in a common health certificate with the necessary documents attached. The Member State responsible shall ensure that those special needs are adequately addressed, including in particular any essential medical care required. The Commission shall, by means of implementing acts, draw up the common health certificate referred to in the first subparagraph. Those implementing acts shall be adopted in accordance with the examination procedure laid down in Article 77(2). 2. The transferring Member State shall transmit the information referred to in paragraph 1 to the Member State responsible only after having obtained the explicit consent of the applicant or of his or her representative or when such transmission is necessary to protect public health or public security, or, where the person concerned is physically or legally incapable of giving his or her consent, to protect the vital interests of the person concerned or of another person. The lack of consent, including a refusal to consent, shall not constitute an obstacle to the transfer. 3. The processing of personal health data referred to in paragraph 1 shall be carried out only by a health professional who is subject, under national law, to the obligation of professional secrecy or by another person subject to an equivalent obligation of professional secrecy. 4. The exchange of information under this Article shall take place only between health professionals or other persons referred to in paragraph 3. The information exchanged shall be used only for the purposes set out in paragraph 1 and shall not be further processed. 5. The Commission shall, by means of implementing acts, establish uniform methods and practical arrangements for exchanging the information referred to in paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure laid down in Article 77(2). 6. Article 51(8) and (9) shall apply to the exchange of information pursuant to this Article.
Article 51 Information sharing
1. Each Member State shall communicate to any Member State that so requests personal data concerning a person covered by the scope of this Regulation that are adequate, relevant and limited to what is necessary for the purpose of: (a) determining the Member State responsible; (b) examining the application for international protection; (c) implementing any other obligation arising under this Regulation; (d) implementing a return decision. 2. The information referred to in paragraph 1 shall include only: (a) the personal details of the person concerned, and, where appropriate, of his or her family members, relatives or any other family relations, namely full name and where appropriate, former names, nicknames or pseudonyms, current and former nationality, date and place of birth; (b) information on identity and travel documents, including information on references, validity, date of issue, issuing authority and place of issue; (c) any other information necessary for establishing the identity of the person concerned, including biometric data taken of the applicant by the Member State concerned, in particular for the purposes of Article 67(8) of this Regulation, in accordance with Regulation (EU) 2024/1358; (d) information on places of residence and routes travelled; (e) information on residence documents or visas issued by a Member State; (f) information on the place where the application was registered; (g) information on the date on which any previous application for international protection was registered, the date on which the current application was registered, the stage reached in the proceedings and the decision taken, if any. 3. Provided that it is necessary for the examination of the application for international protection, the Member State responsible may request another Member State to inform it about the grounds on which the applicant bases his or her application and, where applicable, the grounds for any decisions taken concerning the applicant. Where the Member State responsible applies Article 55 of Regulation (EU) 2024/1348, that Member State may also request information enabling its competent authorities to establish whether new elements have arisen or have been presented by the applicant. The requested Member State may refuse to respond to the request, if the communication of such information is likely to harm its essential interests or the protection of the liberties and fundamental rights of the person concerned or of others. The applicant shall be informed by the requesting Member State in advance about the specific information requested and the reason for that request. 4. Any request for information shall be sent only in the context of an individual application for international protection or transfer for the purposes of relocation. That request shall set out the grounds on which it is based and, where its purpose is to check whether there is a criterion that is likely to entail the responsibility of the requested Member State, shall state on what evidence it is based, including relevant information from reliable sources on the ways and means by which applicants enter the territories of the Member States, or on what specific and verifiable part of the applicant’s statements it is based. Such relevant information from reliable sources shall not in itself be sufficient to determine the responsibility and the competence of a Member State under this Regulation, but it may contribute to the evaluation of other indications relating to an individual applicant.. 5. The requested Member State shall be obliged to reply within three weeks. Any delays in the reply shall be duly justified. Failure to reply within three weeks shall not relieve the requested Member State of the obligation to reply. If that requested Member State withholds information which shows that it is responsible, that Member State may not invoke the expiry of the time limits provided for in Article 39 as a reason for refusing to comply with a request to take charge. In that case, the time limits provided for in Article 39 for submitting a request to take charge shall be extended by a period of time equivalent to the delay in the reply by the requested Member State. 6. The exchange of information shall be carried out at the request of a Member State and may only take place between authorities whose designation by each Member State has been communicated to the Commission in accordance with Article 52(1). 7. The information exchanged may be used only for the purposes set out in paragraph 1. In each Member State such information may, depending on its type and the powers of the recipient authority, only be communicated to the authorities and courts and tribunals entrusted with: (a) determining the Member State responsible; (b) examining the application for international protection; (c) implementing any other obligation arising under this Regulation. 8. The Member State which forwards the information shall ensure that the information is accurate and up-to-date. If it transpires that the Member State has forwarded information which is inaccurate or which should not have been forwarded, the recipient Member States shall be informed thereof immediately. They shall be obliged to correct such information or to have it erased. 9. In each Member State concerned, a record shall be kept, in the individual file for the person concerned or in a register, of the transmission and receipt of information exchanged.
Article 52 Competent authorities and resources
1. Each Member State shall notify the Commission without delay of the competent authorities responsible for fulfilling the obligations under this Regulation, and any amendments thereto. Member States shall ensure that those authorities have the necessary human, material and financial resources for carrying out their tasks relating to the application of the procedures for determining the Member State responsible for examining an application for international protection in a rapid and efficient manner, and in particular for safeguarding procedural and fundamental rights, ensuring a swift procedure for reuniting family members and relatives present in different Member States, replying within the prescribed time limits to requests for information, take charge requests and take back notifications and, where applicable, complying with their obligations under Part IV. 2. The Commission shall publish a consolidated list of the authorities referred to in paragraph 1 in the Official Journal of the European Union . Where there are changes to that list, the Commission shall publish an updated consolidated list once a year. 3. Member States shall ensure that the staff of the authorities referred to in paragraph 1 receive the necessary training with respect to the application of this Regulation. 4. The Commission shall, by means of implementing acts, establish secure electronic communication channels between the authorities referred to in paragraph 1 and between those authorities and the Asylum Agency for transmitting information, biometric data taken in accordance with Regulation (EU) 2024/1358, requests, notifications, replies and any other written correspondence and for ensuring that senders automatically receive electronic proof of delivery. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 77(2).
Article 53 Administrative arrangements
1. Member States may, on a bilateral basis, establish administrative arrangements between themselves concerning the practical details for the implementation of this Regulation, in order to facilitate its application and increase its effectiveness. Such arrangements may relate to: (a) exchanges of liaison officers; (b) the simplification of the procedures and the shortening of the time limits relating to transmission and the examination of take charge requests or take back notifications; (c) solidarity contributions made pursuant to Part IV. 2. Member States may also maintain the administrative arrangements concluded under Council Regulation (EC) No 343/2003 ( 41 ) and Regulation (EU) No 604/2013. To the extent that such arrangements are not compatible with this Regulation, the Member States concerned shall amend those arrangements in such a way as to eliminate any incompatibilities. 3. Before concluding or amending any arrangement as referred to in paragraph 1, point (b), the Member States concerned shall consult the Commission as to the compatibility of the arrangement with this Regulation. 4. Where the Commission considers the arrangements referred to in paragraph 1, point (b), to be incompatible with this Regulation, it shall, within a reasonable period, notify the Member States concerned. The Member States concerned shall take all appropriate steps to amend the arrangement concerned within a reasonable time in such a way as to eliminate any such incompatibilities. 5. Member States shall notify the Commission of all arrangements referred to in paragraph 1, and of any denunciation thereof, or amendment thereto.
Article 54 Network of responsible units
The Asylum Agency shall set up and facilitate the activities of one or more networks of the competent authorities referred to in Article 52(1), with a view to enhancing practical cooperation, including transfers, and information sharing on all matters related to the full application of this Regulation, including the development of practical tools, best practices and guidance. The European Border and Coast Guard Agency and other relevant Union bodies, offices and agencies may be represented in such networks when necessary.
Article 55 Conciliation
1. In order to facilitate the proper functioning of the mechanisms set up under this Regulation and resolve difficulties in the application thereof, where two or more Member States encounter difficulties in their cooperation under this Regulation or in its application between them, the Member States concerned shall, upon request by one or more of them, hold consultations without delay with a view to finding appropriate solutions within a reasonable time, in accordance with the principle of sincere cooperation as enshrined in Article 4(3) TEU. Where appropriate, information about the difficulties encountered and the solution found may be shared with the Commission and with the other Member States within the committee referred to in Article 77. 2. Where no solution is found under paragraph 1 or where the difficulties persist, one or more of the Member States concerned may request the Commission to hold consultations with the Member States concerned with a view to finding appropriate solutions. The Commission shall hold such consultations without delay. The Member States concerned shall actively participate in the consultations. The Member States and the Commission shall take all appropriate measures to promptly resolve the matter. The Commission may adopt recommendations addressed to the Member States concerned indicating the measures to be taken and the appropriate deadlines. Where appropriate, information about the difficulties encountered, the recommendations made and the solution found may be shared with the other Member States within the committee referred to in Article 77. The procedure set out in this Article shall not affect the time limits set out in this Regulation in individual cases. 3. This Article shall be without prejudice to the powers of the Commission to oversee the application of Union law under Articles 258 and 260 TFEU. It shall also be without prejudice to the possibility for the Member States concerned to submit their dispute to the Court of Justice of the European Union in accordance with Article 273 TFEU or to the possibility for any Member State to bring the matter before the Court in accordance with Article 259 TFEU.
Article 56 Annual Solidarity Pool
1. The Annual Solidarity Pool, which shall include the contributions set out in the Council implementing act referred to in Article 57 as pledged by the Member States during the meeting of the High-Level Forum, shall serve as the main solidarity response tool for Member States under migratory pressure on the basis of the needs identified in the Commission proposal referred to in Article 12. 2. The Annual Solidarity Pool shall consist of the following types of solidarity measures, which shall be considered of equal value: (a) relocation, in accordance with Articles 67 and 68: (i) of applicants for international protection; (ii) where bilaterally agreed by the contributing and benefitting Member State concerned, of beneficiaries of international protection who have been granted international protection less than three years prior to the adoption of the Council implementing act referred to in Article 57; (b) financial contributions provided by Member States primarily aiming at actions in Member States related to the area of migration, reception, asylum, pre-departure reintegration, border management and operational support, which may also provide support for actions in or in relation to third countries that might have a direct impact on the migratory flows at the external borders of Member States or improve the asylum, reception and migration system of the third country concerned, including assisted voluntary return and reintegration programmes, in accordance with Article 64; (c) alternative solidarity measures in the field of migration, reception, asylum, return and reintegration and border management, focusing on operational support, capacity building, services, staff support, facilities and technical equipment in accordance with Article 65. Actions in or in relation to third countries referred to in the first subparagraph, point (b), of this paragraph shall be implemented by benefitting Member States in accordance with the scope and objectives of this Regulation and of Regulation (EU) 2021/1147. 3. Financial contributions referred to in paragraph 2, point (b), for projects in third countries shall, in particular, focus on: (a) enhancing the capacity of asylum and reception in third countries, including by strengthening, human and institutional expertise and capacity; (b) promoting legal migration and well-managed mobility, including by strengthening bilateral, regional and international partnerships on migration, forced displacement, legal pathways and mobility partnerships; (c) supporting the assisted voluntary return and sustainable reintegration programmes of returning migrants and their families; (d) reducing the vulnerabilities caused by migrant smuggling and trafficking in human beings as well as anti-smuggling programmes and anti-trafficking programmes; (e) supporting effective and human rights-based migration policies.
Article 57 Council implementing act establishing the Annual Solidarity Pool
1. On the basis of the Commission proposal referred to in Article 12 and in accordance with the pledging exercise carried out in the High-Level Forum referred to in Article 13, the Council shall adopt, on an annual basis, before the end of each calendar year, an implementing act establishing the Annual Solidarity Pool, including, the reference number of required relocations and financial contributions for the Annual Solidarity Pool at Union level and the specific pledges that each Member State has made for each type of solidarity contribution referred to in Article 56(2) during the High-Level Forum meeting referred to in Article 13. The Council shall adopt the implementing act referred to in this paragraph by qualified majority. The Council may amend the Commission proposal referred to in Article 12 by qualified majority. 2. The Council implementing act referred to in paragraph 1 of this Article shall, where necessary also set out the indicative percentage of the Annual Solidarity Pool that may be made available to Member States under migratory pressure as a result of large number of arrivals stemming from recurring disembarkations following search and rescue operations, taking into account the geographical specificities of the Member States concerned. It may also identify other forms of solidarity as set out in Article 56(2), point (c), depending on the needs for such measures arising from the specific challenges in the area of migration in the Member States concerned. 3. During the High-Level Forum meeting referred to in Article 13, Member States shall come to a conclusion regarding an overall reference number for each solidarity measure in the Annual Solidarity Pool, based on the Commission proposal referred to in Article 12. During that meeting, the Member States shall also pledge their contributions to the Annual Solidarity Pool, in accordance with paragraph 4 of this Article and the mandatory fair share calculated according to the reference key set out in Article 66. 4. In implementing paragraph 3 of this Article, Member States shall have full discretion in choosing between the types of solidarity measures listed in Article 56(2), or a combination thereof. Member States pledging alternative solidarity measures shall indicate the financial value of such measures, based on objective criteria. Where the alternative solidarity measures are not identified in the Commission proposal referred to in Article 12, Member States may still pledge such measures. Where such measures are not requested by the benefitting Member States in a given year, they shall be converted into financial contributions.
Article 58 Information regarding the intention to use the Annual Solidarity Pool by a Member State identified in the Commission decision as being under migratory pressure
1. A Member State that has been identified in a decision as referred to in Article 11 as being under migratory pressure shall, after the adoption of the Council implementing act referred to in Article 57, inform the Commission and the Council where it intends to make use of the Annual Solidarity Pool. The Commission shall inform the European Parliament thereof. 2. The Member State concerned shall include information on the type and level of solidarity measures referred to in Article 56(2) needed to address the situation, including where relevant any use made of the components of the Permanent EU Migration Support Toolbox. Where that Member State intends to make use of financial contributions, it shall also identify the Union spending programmes concerned. 3. Following the receipt of the information referred to in paragraph 2, the Member State concerned shall have access to the Annual Solidarity Pool in accordance with Article 60. The EU Solidarity Coordinator shall without delay and in any event within 10 days of receiving the information convene the Technical-Level Forum to operationalise the solidarity measures.
Article 59 Notification of the need to use the Annual Solidarity Pool by a Member State that considers itself to be under migratory pressure
1. Where a Member State has not been identified in a decision as referred to in Article 11 as being under migratory pressure but considers itself to be under migratory pressure, it shall notify the Commission of its need to make use of the Annual Solidarity Pool and inform the Council thereof. The Commission shall inform the European Parliament thereof. 2. The notification referred to in paragraph 1 shall include: (a) a duly substantiated reasoning on the existence and extent of the migratory pressure in the notifying Member State, including updated data on the indicators referred to in Article 9(3), point (a); (b) information on the type and level of solidarity measures as referred to in Article 56 needed to address the situation, including where relevant any use made of the components of the Permanent EU Migration Support Toolbox and, where the Member State concerned intends to make use of financial contributions, the identification of the Union spending programmes concerned; (c) a description of how the use of the Annual Solidarity Pool could stabilise the situation; (d) how the Member State concerned intends to address any possible identified vulnerabilities in the area of responsibility, preparedness or resilience. 3. The Asylum Agency, the European Border and Coast Guard Agency and the European Union Agency for Fundamental Rights as well as the Member State concerned, shall, where requested by the Commission, assist the Commission in drawing up an assessment of the migratory pressure. 4. The Commission shall expeditiously assess the notification, taking into account the information set out in Articles 9 and 10, whether the notifying Member State was identified as being at risk of migratory pressure in the decision referred to in Article 11, the overall situation in the Union, the situation in the notifying Member State during the preceding 12 months, and the needs expressed by the notifying Member State, and adopt a decision whether to consider the Member State as being under migratory pressure. Where the Commission decides that that Member State is under migratory pressure, the Member State concerned shall become a benefitting Member State, unless it is denied access to benefit from the Annual Solidarity Pool in accordance with paragraph 6 of this Article. 5. The Commission shall transmit its decision to the Member State concerned, the European Parliament and the Council without delay. 6. Where the Commission decision establishes that the notifying Member State is under migratory pressure, the EU Solidarity Coordinator shall convene the Technical-Level Forum without delay and within two weeks of the transmission of the Commission decision to the Member State concerned, the European Parliament and the Council, to operationalise the solidarity measures. The EU Solidarity Coordinator shall convene the Technical-Level Forum unless the Commission considers, or the Council decides by way of an implementing act adopted within two weeks of the transmission of the Commission decision to the Member State concerned, the European Parliament and the Council, that there is insufficient capacity in the Annual Solidarity Pool for the Member State concerned to be allowed to benefit from the Annual Solidarity Pool or that there are other objective reasons for not allowing that Member State to benefit from the Annual Solidarity Pool. 7. Where the Council decides that there is insufficient capacity in the Annual Solidarity Pool, Article 13(4) shall apply and the High-Level Forum shall be convened no later than one week after the Commission decision. In the case of a Commission decision rejecting a request by a Member State to be considered to be under migratory pressure, the notifying Member State may submit a new notification to the Commission and the Council with additional relevant information.
Article 60 Operationalisation and coordination of solidarity contributions
1. In the Technical-Level Forum, Member States shall cooperate among themselves and with the Commission to ensure an effective and efficient operationalisation of the solidarity contributions in the Annual Solidarity Pool for the year concerned, in a balanced and timely manner, in light of the needs identified and assessed and the solidarity contributions available. 2. The EU Solidarity Coordinator, taking into account developments in the migratory situation, shall coordinate the operationalisation of the solidarity contributions to ensure a balanced distribution of the solidarity contributions available among the benefitting Member States. 3. With the exception of the implementation of financial contributions, in operationalising the solidarity measures identified, Member States shall implement their pledged solidarity contributions referred to in Article 56 for a given year before the end of that year, without prejudice to Article 65(3) and Article 67(12). Contributing Member States shall implement their pledges in proportion to their overall pledge to the Annual Solidarity Pool for a given year before the end of the year. Member States which have been granted a full deduction of solidarity contributions in accordance with Article 61 or 62 or are themselves benefitting Member States pursuant to Article 58(1) and Article 59(4) are not obliged to implement their pledged solidarity contributions referred to in Article 56(2) for a given year. Contributing Member States shall not be required to implement their pledges made pursuant to Article 56(2) or to apply responsibility offsets pursuant to Article 63 towards a benefitting Member State, where the Commission has identified, in a decision as referred to in Article 11 or Article 59(4), systemic shortcomings in that benefitting Member State with regard to the rules set out in Part III of this Regulation that could result in serious negative consequences for the functioning of this Regulation. 4. During the first meeting of the Technical-Level Forum in the annual cycle, contributing and benefitting Member States may express reasonable preferences, in light of the needs identified, for the profiles of available relocation candidates and a potential planning for the implementation of their solidarity contributions, taking into account the need for urgent actions for the benefitting Member States. The EU Solidarity Coordinator shall facilitate interaction and cooperation between the Member States on those aspects. When implementing relocations, Member States shall give primary consideration to the relocation of vulnerable persons. 5. The Union bodies, offices and agencies competent in the field of asylum and border and migration management shall, when requested and within their respective mandates, provide support to the Member States and the Commission, with a view to ensuring the proper implementation and functioning of this Part. Such support may take the form of analyses, expertise and operational support. The EU Solidarity Coordinator shall coordinate any assistance by experts or teams deployed by the Asylum Agency, the European Border and Coast Guard Agency or any other Union body, office or agency, in relation to the operationalisation of the solidarity contributions. 6. Each year in January from 2025 and onwards, Member States shall confirm to the EU Solidarity Coordinator the levels of each solidarity measure implemented during the preceding year.
Article 61 Deduction of solidarity contributions in cases of migratory pressure
1. A Member State that is identified in a decision as referred to in Article 11 as being under migratory pressure or that considers itself to be under migratory pressure and which has not made use of the Annual Solidarity Pool in accordance with Article 58 or notified the need to use the Annual Solidarity Pool in accordance with Article 59, may, at any time, request a partial or full deduction of its pledged contributions set out in the Council implementing act referred to in Article 57. The Member State concerned shall submit its request to the Commission. For information purposes, the Member State concerned shall transmit its request to the Council. 2. Where the requesting Member State referred to in paragraph 1 of this Article is a Member State that is not identified in a decision as referred to in Article 11 as being under migratory pressure, but considers itself to be under migratory pressure, that Member State shall include in its request: (a) a description of how the full or partial deduction of its pledged contributions could help stabilising the situation; (b) whether the pledged contribution could be replaced with a different type of solidarity contribution; (c) how that Member State will address any possible identified vulnerabilities in the area of responsibility, preparedness or resilience; (d) a duly substantiated reasoning on the existence and extent of the migratory pressure in the requesting Member State. When assessing such a request, the Commission shall also take into account the information set out in Articles 9 and 10. 3. The Commission shall inform the Council of its assessment of the request within four weeks following the receipt of the request submitted in accordance with this Article. The Commission shall also inform the European Parliament of that assessment. 4. Following the receipt of the Commission’s assessment, the Council shall adopt an implementing act to determine whether the Member State is authorised to derogate from the Council implementing act referred to in Article 57.
Article 62 Deduction of solidarity contributions in significant migratory situations
1. A Member State that is identified in a decision as referred to in Article 11 as facing a significant migratory situation or considers itself to be facing a significant migratory situation, may at any time request a partial or full deduction of its pledged contributions set out in the Council implementing act referred to in Article 57. The Member State concerned shall submit its request to the Commission. For information purposes, the Member State concerned shall transmit its request to the Council. 2. Where the requesting Member State is identified in a decision as referred to in Article 11 as facing a significant migratory situation, the request shall include: (a) a description of how the full or partial deduction of its pledged contributions could help stabilising the situation; (b) whether the pledged contribution could be replaced with a different type of solidarity contribution; (c) how that Member State will address any possible identified vulnerabilities in the area of responsibility, preparedness or resilience; (d) a duly substantiated reasoning pertaining to the area of the asylum, reception and migration system in which the capacity has been reached, and how reaching the limits of the capacity of that Member State in the specific area affects its capacity to fulfil its pledge. 3. Where the requesting Member State is not identified in a decision as referred to in Article 11 as facing a significant migratory situation, but considers itself as facing a significant migratory situation, the request shall in addition to the information referred to in paragraph 2 of this Article include also a duly substantiated reasoning on the significance of the migratory situation in the requesting Member State. When assessing such a request, the Commission shall also take into account the information set out in Articles 9 and 10 and whether the Member State was identified as being at risk of migratory pressure in a decision as referred to in Article 11. 4. The Commission shall inform the Council of its assessment of the request within four weeks following the receipt of the request submitted in accordance with this Article. The Commission shall also inform the European Parliament of that assessment. 5. Following the receipt of the Commission’s assessment, the Council shall adopt an implementing act to determine whether the Member State is authorised to derogate from the Council implementing act referred to in Article 57.
Article 63 Responsibility offsets
1. Where the relocation pledges to the Annual Solidarity Pool set out in the Council implementing act referred to in Article 57 are equal to or above 50 % of the number indicated in the Commission proposal referred to in Article 12, a benefitting Member State may request the other Member States to take responsibility for examining applications for international protection for which the benefitting Member State has been determined as responsible instead of relocations in accordance with the procedure set out in Article 69. 2. A contributing Member State may indicate to benefitting Member States its willingness to take responsibility for examining applications for international protection for which a benefitting Member State has been determined as responsible instead of relocations: (a) where the threshold set out in paragraph 1 has been reached; or (b) where the contributing Member State has pledged 50 % or more of its mandatory fair share to the Annual Solidarity Pool set out in the Council implementing act referred to in Article 57 as relocations. Where a contributing Member State has indicated such willingness and the benefitting Member State agrees, the benefitting Member State shall apply the procedure set out in Article 69. 3. The contributing Member States shall take responsibility for applications for international protection for which the benefitting Member State has been determined as responsible up to the higher of the two numbers referred to in points (a) and (b) of this paragraph where, following the meeting of the High-Level Forum convened in accordance with Article 13(4), the relocation pledges to the Annual Solidarity Pool set out in the Council implementing act referred to in Article 57 are: (a) below the number referred to in Article 12(2), point (a); or (b) below 60 % of the reference number used to calculate each Member State’s mandatory fair share for relocation for the purpose of establishing the Annual Solidarity Pool in accordance with Article 57. 4. Paragraph 3 of this Article also applies where the pledges to be implemented during a given year fall below the higher of the two numbers referred to in points (a) or (b) of that paragraph as a result of full or partial deductions granted in accordance with Article 61 or 62 or because benefitting Member States as referred to in Articles 58(1) and 59(4) are not obliged to implement their pledged solidarity contributions for a given year. 5. A contributing Member State which has not implemented its pledges or accepted relocations pursuant to Article 67(9) equal to its pledged relocations as referred to in Article 57(3) by the end of the given year shall, at the request of the benefitting Member State, take responsibility for applications for international protection for which the benefitting Member State has been determined as responsible up to the number of relocations pledged in accordance with Article 57(3) as soon as possible after the end of a given year. 6. The contributing Member State shall identify the individual applications for which it takes responsibility pursuant to paragraphs 2 and 3 of this Article, and shall inform the benefitting Member State, using the electronic communication network set up under Article 18 of Regulation (EC) No 1560/2003. The contributing Member State shall become the Member State responsible for the identified applications and shall indicate its responsibility pursuant to Article 16(3) of Regulation (EU) 2024/1358. 7. Member States shall not be obliged to take responsibility pursuant to the first subparagraph of paragraph 6 of this Article beyond their fair share calculated according to the reference key set out in Article 66. 8. This Article shall only apply where: (a) the applicant is not an unaccompanied minor; (b) the benefitting Member State was determined as responsible on the basis of the criteria set out in Articles 29 to 33; (c) the transfer time limit set out in Article 39(1) has not yet expired; (d) the applicant has not absconded from the contributing Member State; (e) the person concerned is not a beneficiary of international protection; (f) the person concerned is not an admitted person. 9. The contributing Member State may apply this Article to third-country nationals or stateless persons whose applications have been finally rejected in the benefitting Member State. Articles 55 and 56 of Regulation (EU) 2024/1348 shall apply.
Article 64 Financial contributions
1. Financial contributions shall consist of transfers of amounts from the contributing Member States to the Union budget and shall constitute external assigned revenue in accordance with Article 21(5) of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council ( 42 ) . Financial contributions shall be used for the purpose of implementing the actions of the Annual Solidarity Pool referred to in Article 56(2), point (b) of this Regulation. 2. Benefitting Member States shall identify actions which may be funded by the financial contributions referred to in paragraph 1 of this Article and submit them to the Technical-Level Forum. The Commission shall liaise closely with benefitting Member States with a view to ensuring that those actions correspond to the objectives set out in Article 56(2), point (b), and Article 56(3). The EU Solidarity Coordinator shall maintain an inventory of the actions and make it available through the Technical-Level Forum. 3. The Commission shall adopt an implementing act concerning rules on the operation of the financial contributions. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 77(2). 4. Where the amount referred to in Article 57(1) of this Regulation is not fully allocated, the remaining amount may be added to the amount referred to in Article 10(2), point (b), of Regulation (EU) 2021/1147. 5. Member States shall report to the Commission and to the Technical-Level Forum on the progress in the implementation of actions financed by financial contributions pursuant to this Article. 6. The Commission shall include in its Report referred to in Article 9 information on the implementation of actions financed by financial contributions pursuant to this Article, including on issues that might affect the implementation and any measure taken to address them.
Article 65 Alternative solidarity measures
1. Contributions in the form of alternative solidarity measures shall be based on a specific request of the benefitting Member State. Such contributions shall be counted as financial solidarity, and their concrete value shall be established, jointly, in a realistic manner, by the contributing and the benefitting Member States concerned and communicated to the EU Solidarity Coordinator before those contributions are implemented. 2. Member States shall provide alternative solidarity measures only in addition to, and without duplicating, those provided by operations of Union bodies, offices and agencies or by Union funding in the field of asylum and migration management in the benefitting Member States. Member States shall only provide alternative solidarity measures in addition to what they are required to contribute through Union bodies, offices and agencies. 3. The benefitting and the contributing Member States shall finalise the implementation of agreed alternative solidarity measures even if the relevant implementing acts have expired.
Article 66 Reference key
The share of solidarity contributions to be provided by each Member State referred to in Article 57(3) shall be calculated in accordance with the formula set out in Annex I and shall be based on the following criteria for each Member State, according to the latest available Eurostat data: (a) the size of the population (50 % weighting); (b) the total GDP (50 % weighting).
Article 67 Procedure before relocation
1. The procedure set out in this Article shall apply to the relocation of persons referred to in Article 56(2), point (a). 2. Before applying the procedure set out in this Article, the benefitting Member State shall ensure that there are no reasonable grounds to consider that the person concerned poses a threat to internal security. If there are reasonable grounds to consider that the person poses a threat to internal security, before or during the procedure set out in this Article, including where a threat to internal security has been determined in accordance with Article 15 of Regulation (EU) 2024/1356, the benefitting Member State shall not apply or shall immediately terminate the procedure set out in this Article. The benefitting Member State shall exclude the person concerned from any future relocation or transfer to any Member State. Where the person concerned is an applicant for international protection, the benefitting Member State shall be the Member State responsible in accordance with Article 16(4) of this Regulation. 3. Where relocation is to be carried out, the benefitting Member State shall identify the persons who could be relocated. Upon request of the benefitting Member State, the Asylum Agency shall support the benefitting Member State in the identification of persons to be relocated and in their matching with Member States of relocation in accordance with Article 2(1), point (k), of Regulation (EU) 2021/2303. The Member State shall take into account, where applicable, the existence of meaningful links such as those based on family or cultural considerations, between the person concerned and the Member State of relocation. For that purpose, the benefitting Member State shall give the persons to be relocated the opportunity to provide information on the existence of meaningful links with specific Member States and to present relevant information and documentation to determine those links. That opportunity shall not imply a right to choose a specific Member State of relocation pursuant to this Article. 4. For the purpose of identifying persons to be relocated and matching them with the Member States of relocation, benefitting Member States may use tools developed by the EU Solidarity Coordinator. Applicants who do not have meaningful links to any Member State shall be fairly shared among the remaining Member States of relocation. Where the identified person to be relocated is a beneficiary for international protection, the person concerned shall be relocated only after that person has consented to the relocation in writing. 5. Where relocation is to be carried out, the benefitting Member State shall inform the persons referred to in paragraph 1 of this Article of the procedure set out in this Article and Article 68, as well as, where applicable, of the obligations set out in Article 17(3), (4) and (5) and the consequences of non-compliance set out in Article 18. The first subparagraph of this paragraph shall not apply to applicants for whom the benefitting Member State can be determined as the Member State responsible pursuant to the criteria set out in Articles 25 to 28 and 34, with the exception of Article 25(5). Such applicants shall not be eligible for relocation. 6. Member States shall ensure that family members are relocated to the territory of the same Member State. 7. In the cases referred to in paragraphs 2 and 3, the benefitting Member State shall transmit to the Member State of relocation as quickly as possible all relevant information and documents on the person concerned by using a standard form, in order, inter alia, to enable the authorities of the Member State of relocation to check whether there are grounds to consider that the person concerned poses a threat to internal security. 8. The Member State of relocation shall examine the information transmitted by the benefitting Member State pursuant to paragraph 7, and verify that there are no reasonable grounds to consider that the person concerned poses a threat to internal security. The Member State of relocation may choose to verify that information via a personal interview with the person concerned. The person concerned shall be duly informed about the nature and the purpose of such interview. The personal interview shall take place within the time limits provided for in paragraph 9. 9. Where there are no reasonable grounds to consider that the person concerned poses a threat to internal security, the Member State of relocation shall confirm that it will relocate the person concerned within one week of receipt of the relevant information from the benefitting Member State. Where the checks confirm that there are reasonable grounds to consider that the person concerned poses a threat to internal security, the Member State of relocation shall inform the benefitting Member State, within one week of receipt of the relevant information from that Member State of the nature of and underlying elements for an alert from any relevant database. In such cases, relocation of the person concerned shall not take place. In exceptional cases, where it can be demonstrated that the examination of the information is particularly complex or that a large number of cases need checking at the same time, the Member State of relocation may give its reply after the one-week time limit mentioned in the first and second subparagraphs, but in any event within two weeks. In such situations, the Member State of relocation shall communicate its decision to postpone a reply to the benefitting Member State within the original one-week time limit. Failure to act within the one-week period mentioned in the first and second subparagraphs or the two-week period mentioned in the third subparagraph shall be tantamount to confirming the receipt of the information, and entail the obligation to relocate the person concerned, including the obligation to provide for proper arrangements for arrival. 10. The benefitting Member State shall take a transfer decision within one week of the confirmation by the Member State of relocation. It shall notify the person concerned in writing without delay of the decision to transfer him or her to that Member State at the latest two days before the transfer in the case of applicants and one week before the transfer in the case of beneficiaries. Where the person to be relocated is an applicant, he or she shall comply with the relocation decision. 11. The transfer of the person concerned from the benefitting Member State to the Member State of relocation shall be carried out in accordance with the national law of the benefitting Member State, after consultation between the Member States concerned, as soon as practically possible, and within 4 weeks of the confirmation by the Member State of relocation or of the final decision on an appeal or review of a transfer decision with suspensive effect in accordance with Article 43(3). 12. The benefitting Member States and the Member States of relocation shall continue the process of relocation even after the timeframe for the implementation or the validity of Council implementing acts referred to in Articles 57, 61 and 62 has expired. 13. Article 42(3), (4) and (5), Articles 43 and 44, Article 46(1) and (3), Article 47(2) and (3), and Articles 48 and 50 shall apply mutatis mutandis to the relocation procedure. The benefitting Member State carrying out the transfer of a beneficiary of international protection shall transmit to the Member State of relocation all the information referred to in Article 51(2), information on the grounds on which the beneficiary based his or her application, and the grounds for any decisions taken concerning the beneficiary. 14. The Commission shall, by means of implementing acts, establish uniform methods for the preparation and submission of information and documents for the purposes of relocation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 77(2). In the preparation of those implementing acts, the Commission may consult the Asylum Agency.
Article 68 Procedure after relocation
1. The Member State of relocation shall inform the benefitting Member State, the Asylum Agency and the EU Solidarity Coordinator of the safe arrival of the person concerned or of the fact that he or she did not appear within the set time limit. 2. Where the Member State of relocation has relocated an applicant for whom the Member State responsible has not yet been determined, the Member State of relocation shall apply the procedures set out in Part III, with the exception of Article 16(2), Article 17(1) and (2), Article 25(5), Article 29, Article 30 and Article 33(1) and (2). Where no Member State responsible can be determined under the first subparagraph of this paragraph, the Member State of relocation shall be responsible for examining the application for international protection. The Member State of relocation shall indicate its responsibility in Eurodac pursuant to Article 16(1) of Regulation (EU) 2024/1358. 3. Where an applicant, for whom the benefitting Member State was previously determined as responsible on other grounds than the criteria referred to in Article 67(5), second subparagraph, has been relocated, the responsibility for examining the application for international protection shall be transferred to the Member State of relocation. Responsibility for examining any further representations or any subsequent application of the person concerned in accordance with Articles 55 and 56 of Regulation (EU) 2024/1348 shall also be transferred to the Member State of relocation. The Member State of relocation shall indicate its responsibility in Eurodac pursuant to Article 16(3) of Regulation (EU) 2024/1358. 4. Where a beneficiary for international protection has been relocated, the Member State of relocation shall automatically grant international protection status respecting the status granted by the benefitting Member State.
Article 69 Procedure for responsibility offsets under Article 63(1) and (2)
1. Where a benefitting Member State requests another Member State to take responsibility for examining a number of applications for international protection pursuant to Article 63(1) and (2), it shall transmit its request to the contributing Member State and include the number of applications for international protection to be taken responsibility for instead of relocations. 2. The contributing Member State shall reply to the request within 30 days of receipt of that request. The contributing Member State may decide to accept to take responsibility for examining a lower number of applications for international protection than requested by the benefitting Member State. 3. The Member State which has accepted a request pursuant to paragraph 2 of this Article shall identify the individual applications for international protection for which it takes responsibility and shall indicate its responsibility pursuant to Article 16(3) of Regulation (EU) 2024/1358.
Article 70 Other obligations
Member States shall keep the Commission, in particular the EU Solidarity Coordinator, informed on the implementation of solidarity measures, including measures of cooperation with a third country.
Article 71 Financial support
In accordance with the principle of solidarity and fair sharing of responsibility, funding support following relocation pursuant to Chapters I and II of this Part shall be implemented in accordance with Article 20 of Regulation (EU) 2021/1147.
Article 72 Data security and data protection
1. This Regulation is without prejudice to Union law on the protection of personal data, in particular Regulations (EU) 2016/679 and (EU) 2018/1725 of the European Parliament and of the Council ( 43 ) and Directive (EU) 2016/680 of the European Parliament and of the Council ( 44 ) . 2. Member States shall have in place appropriate technical and organisational measures to ensure the security of personal data processed under this Regulation and in particular to prevent the unlawful or unauthorised access to, or disclosure, alteration or loss of, personal data processed. 3. The competent supervisory authority or authorities of each Member State shall monitor independently the lawfulness of the processing of personal data by the authorities referred to in Article 52 of the Member State concerned, in accordance with national law.
Article 73 Confidentiality
Member States shall ensure that the authorities referred to in Article 52 are bound by the confidentiality rules provided for in national law, in relation to any information they obtain in the course of their work.
Article 74 Penalties
Member States shall lay down the rules on penalties, including administrative or criminal penalties in accordance with national law, applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive.
Article 75 Calculation of time limits
Any period of time prescribed in this Regulation shall be calculated as follows: (a) a period expressed in days, weeks or months shall be calculated from the time an event occurs or an action takes place; the day on which that event occurs or that action takes place shall not itself be counted as falling within the period in question; (b) a period expressed in weeks or months shall end with the expiry of whichever day in the last week or month is the same day of the week, or falls on the same date of the month, respectively as the day on which the event or action from which the period is to be calculated occurred or took place; (c) where, in a period expressed in months, the day on which it should expire does not occur in the last month of the period, the period shall end at midnight of the last day of that last month; (d) time limits shall include Saturdays, Sundays and official holidays in the Member State concerned; where a time limit ends on a Saturday, Sunday or official holiday, the next working day shall be counted as the last day of the time limit.
Article 76 Territorial scope
As far as the French Republic is concerned, this Regulation shall apply only to its European territory.
Article 77 Committee procedure
1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. Where the committee delivers no opinion, the Commission shall not adopt the draft implementing act and Article 5(4), third subparagraph, of Regulation (EU) No 182/2011 shall apply.
Article 78 Exercise of the delegation
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 25(6) and Article 34(3) shall be conferred on the Commission for a period of five years from 11 June 2024. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. 3. The delegation of power referred to in Article 25(6) and Article 34(3) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Article 25(6) or Article 34(3) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of four months of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Article 79 Monitoring and evaluation
By 1 February 2028 and from then on annually, the Commission shall review the functioning of the measures set out in Part IV of this Regulation and report on the implementation of the measures set out in this Regulation. The report shall be communicated to the European Parliament and to the Council. On a regular basis and as a minimum every three years, the Commission shall review the relevance of the numbers set out in Article 12(2), points (a) and (b), and the overall functioning of Part III of this Regulation, including whether the definition of family members and the length of the time limits set out in that Part should be modified, against the overall migratory situation. By 1 July 2031, and every five years thereafter, the Commission shall carry out an evaluation of this Regulation, with particular regard to the principle of solidarity and fair sharing of responsibility as enshrined in Article 80 TFEU. The Commission shall present reports on the main findings of that evaluation to the European Parliament, the Council and the European Economic and Social Committee. Member States shall provide the Commission all information necessary for the preparation of the reports, at the latest six months before the time limit for the Commission to present each report expires.
Article 80 Statistics
In accordance with Article 4(4) of Regulation (EC) No 862/2007 of the European Parliament and of the Council ( 45 ) , Member States shall communicate to the Commission (Eurostat) statistics concerning the application of this Regulation and of Regulation (EC) No 1560/2003.
Article 81 Amendments to Regulation (EU) 2021/1147
Regulation (EU) 2021/1147 is amended as follows: (1) Article 2 is amended as follows: (a) points (1) and (2) are replaced by the following: ‘(1) “applicant for international protection” means an applicant as defined in point (4) of Article 2 of Regulation (EU) 2024/1351 of the European Parliament and of the Council ( *1 ) ; (2) “beneficiary of international protection” means a beneficiary of international protection as defined in point (7) of Article 2 of Regulation (EU) 2024/1351; ( *1 ) Regulation (EU) 2024/1351 of the European Parliament and of the Council of 14 May 2024 on asylum and migration management and amending Regulations (EU) 2021/1147 and (EU) 2021/1160 and repealing Regulation (EU) No 604/2013 ( OJ L, 2024/1351, 22.5.2024, ELI: http://data.europa.eu/eli/reg/2024/1351/oj ).’;" (b) point (4) is replaced by the following: ‘(4) “family member” means a family member as defined in point (8) of Article 2 of Regulation (EU) 2024/1351;’; (c) points (11) and (12) are replaced by the following: ‘(11) “third-country national” means a third-country national as defined in point (1) of Article 2 of Regulation (EU) 2024/1351; (12) “unaccompanied minor” means an unaccompanied minor as defined in point (11) of Article 2 of Regulation (EU) 2024/1351;’; (d) the following point is added: ‘(15) “solidarity action” means an action, the scope of which is set out in point (b) of Article 56(2) of Regulation (EU) 2024/1351, funded through financial contributions provided by Member States, as referred to in Article 64(1) of that Regulation.’;
Article 82 Amendments to Regulation (EU) 2021/1060
Regulation (EU) 2021/1060 is amended as follows: (2) Article 63 is amended as follows: (a) in paragraph 6, the following subparagraph is added: ‘The first subparagraph of this paragraph shall not apply to support for solidarity actions, as defined in point (15) of Article 2 of the AMIF Regulation and point (11) of Article 2 of the BMVI Regulation.’; (b) in paragraph 7, the following subparagraph is added: ‘Where a programme is amended to introduce financial support for solidarity actions, as defined in point (15) of Article 2 of the AMIF Regulation and point (11) of Article 2 of the BMVI Regulation, the programme may provide that the eligibility of expenditure relating to such amendment starts from 11 June 2024.’.
Article 83 Repeal of Regulation (EU) No 604/2013
Regulation (EU) No 604/2013 is repealed with effect from 1 July 2026. References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex II. Regulation (EC) No 1560/2003 shall remain in force unless and until it is amended by implementing acts adopted pursuant to this Regulation.
Article 84 Transitional measures
1. Where an application has been registered after 1 July 2026, any events that are likely to entail the responsibility of a Member State under this Regulation shall be taken into consideration, even if they precede that date. 2. The Member State responsible for the examination of an application for international protection registered before 1 July 2026 shall be determined in accordance with the criteria set out in Regulation (EU) No 604/2013. 3. By 12 September 2024, the Commission, in close cooperation with the relevant Union bodies, offices and agencies and Member States, shall present a common implementation plan to the Council to ensure that Member States are adequately prepared to implement this Regulation by 1 July 2026, assessing gaps and operational steps required, and inform the European Parliament thereof. On the basis of that common implementation plan, by 12 December 2024, each Member State shall, with the support of the Commission and relevant Union bodies, offices and agencies, establish a national implementation plan setting out the actions and the timeline for their implementation. Each Member State shall complete the implementation of its plan by 1 July 2026. For the purpose of implementing this Article, Member States may use the support of the relevant Union bodies, offices and agencies, and Union funds may provide financial support to the Member States, in accordance with the legal acts governing those bodies, offices, agencies and funds. The Commission shall closely monitor the implementation of the national implementation plans referred to in the second subparagraph. The Commission shall, within the first two Reports referred to in Article 9, provide a state of play of the implementation of the common implementation plan and national implementation plans referred to in this paragraph. Pending the reports mentioned in the fifth subparagraph of this paragraph, the Commission shall inform the European Parliament and the Council of the state of play of implementation of the common implementation plan and national implementation plans referred to in this paragraph every six months.
Article 85 Entry into force and application
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union . It shall apply from 1 July 2026. However, Articles 7 to 15, Article 22(1), fourth subparagraph, Article 23(7), Article 25(6) and (7), Article 34(3) and (4), Article 39(3), second subparagraph, Article 40(4), Article 40(8), second subparagraph, Article 41(5), Article 46(1), fifth subparagraph, Article 46(4), Article 48(4), Article 50(1), second subparagraph, Article 50(5), Article 52(4), Articles 56 and 57, Article 64(3), Article 67(14) and Articles 78 and 84 shall apply from 11 June 2024.