What changed between the plenary report and the adopted text

Removed:Recital 2: (2) To this end, a comprehensive approach is required with the objective of reinforcing mutual trust between Member States which should bring together policy in the areas of asylum and migration management, recognising that the effectiveness of such an approach depends on all components being jointly addressed, in an integrated manner and properly implemented.

Added:(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2024/1351.)

Removed:Recital 3: (3) This Regulation should contribute to that comprehensive approach by setting out a common framework for the actions of the Union and of the Member States in the field of asylum and migration management policies, by upholding and elaborating on the principle of solidarity and fair sharing of responsibility in accordance with Article 80 of the Treaty on the Functioning of the European Union (TFEU). Member States should therefore take all necessary measures, inter alia, to provide access to international protection and adequate reception conditions to those in need, to promote safe and legal pathways, to enable the effective application of the rules on determining the Member State responsible for examining an application for international protection, to fairly and effectively return those third-country nationals who do not fulfil the conditions for residence in the territory of the Member States, to prevent irregular migration and unauthorised movements between them, to prevent and fight migrant smuggling and human trafficking whilst protecting the rights of smuggled and trafficked people, and to provide support to other Member States in the form of solidarity contributions, as their contribution to the comprehensive approach.

Removed:Recital 4: deleted

Removed:Recital 5: (5) The common framework is needed in order to effectively address the increasing phenomenon of mixed arrivals of persons in need of international protection and those who are not and in recognition that the responsibility for arrivals of irregular migrants and asylum-seekers in the Union should not have to be assumed by individual Member States alone, but by the Union as a whole.

Removed:Recital 6: (6) In order to ensure coherence and effectiveness of the actions and measures taken by the Union and its Member States acting within their respective competencies, there is a need for integrated policy-making in the field of asylum and migration management, including both its internal and external components, in compliance with international and Union law, ensuring coherence between asylum and migration management policies which is part of the integrated policy-making approach.

Removed:Recital 7: (7) Member States should have sufficient human, material and financial resources and infrastructure to effectively implement asylum and migration management policies, and allocate adequate staff for their competent authorities, in terms of level, expertise, training and independence, in particular for the determination of the Member State responsible for examining and application for international protection and should ensure appropriate coordination between the relevant national authorities as well as with the national authorities of the other Member States.

Removed:Recital 8: (8) The Commission should adopt a long-term European Asylum and Migration Management Strategy (the 'Strategy') on the implementation of asylum and migration management policies at Union level, in accordance with the principles set out in this Regulation and in Union primary law and applicable international law. The Strategy should be based on relevant reports and analyses produced by Union agencies, bodies and offices, and on the national strategies of the Member States, setting out the approach to managing asylum and migration at Union level. It should include access to asylum procedures and should take into account the relevant jurisprudence of the Court of Justice of the European Union and the European Court of Human Rights.

Removed:Recital 9: (9) National strategies of the Member States should serve to ensure their capacity to effectively implement their asylum and migration management system, in full compliance with their obligations under Union and international law. They should include preventive measures to reduce the risk of migratory pressure as well as information on contingency planning and on the implementation of the principles of integrated policy-making and of solidarity and fair sharing of responsibility of this Regulation and legal obligations stemming therefrom at national level. To this end, the duties of the Member States in respect of their competences should be clearly defined. The Commission and relevant Union bodies, offices and agencies, and in particular the Asylum Agency, should be able to support the Member States when establishing their national strategies.

Removed:Recital 10: (10) In order to ensure that an effective monitoring system is in place to ensure the application of the asylum acquis, the results of the monitoring undertaken by, the European Union Asylum Agency and the European Border and Coast Guard Agency, and other relevant bodies, offices, agencies or organisations, of the evaluation carried out in accordance with Council Regulation (EU) 2022/9221a as well as those carried out in line with Article 7 of Regulation (EU) XXX/XXX [Screening Regulation] should also be taken into account in these strategies. / 1a Council Regulation (EU) 2022/922 of 9 June 2022 on the establishment and operation of an evaluation and monitoring mechanism to verify the application of the Schengen acquis, and repealing Regulation (EU) No 1053/2013 (OJ L 160, 15.6.2022, p. 1).

Removed:Recital 11: (11) Considering the importance of ensuring that the Union is prepared and able to adjust to the developing and evolving realities of asylum and migration management, the Commission should monitor and provide information on the asylum, reception and migratory situation over the previous 12-month period as a whole. The Commission should annually adopt a situational report, including an evaluation of its strategy. The situational report should set out, inter alia, the likely evolution of the migratory situation and the preparedness of the Union and the Member States to respond and adapt to the evolution of the migratory situation, ensuring their engagement and participation in solidarity and responsibility sharing. The situational report should also include the results of the reporting on monitoring foreseen in the national strategies, assessing Member States’ implementation and compliance with relevant Union law and should propose improvements where weaknesses are apparent.

Removed:Recital 12: (12) In order to ensure that the necessary tools are in place to assist Member States in dealing with challenges that may arise due to the presence on their territory of third-country nationals that are vulnerable applicants for international protection, regardless of how they crossed the external borders, the annual situational report should also indicate whether the said Member States are faced with such challenges. Those Member States should also be able to rely on solidarity contributions foreseen in this Regulation and the relocation of persons in a vulnerable situation should be prioritised.

Removed:Recital 13: (13) For the effective implementation of the common framework and to identify gaps, address challenges and prevent the building up of pressure on asylum and reception systems, the Commission should monitor and regularly report on the migratory situation and the implementation of the Union asylum acquis.

Removed:Recital 14: deleted

Removed:Recital 15: (15) To strengthen cooperation with third countries on asylum and migration, including readmission it is necessary to promote and build tailor-made and mutually beneficial partnerships with those countries. Close cooperation and partnerships with third countries should address causes and drivers of irregular migration and forced displacement. Such partnerships should provide a framework for better coordination of policies with third countries, and be based on human rights, rule of law and the respect of the Union’s common values. The Commission should evaluate the efficiency and fundamental rights compliance of those partnerships annually.

Removed:Recital 15 a (new): (15a) In order to take actions to promote joint objectives and cooperation with third countries, the Union should fully apply the Neighbourhood, Development and International Cooperation Instrument - Global Europe, established by Regulation (EU) 2021/947 of the European Parliament and of the Council1a. / 1a Regulation (EU) 2021/947 of the European Parliament and of the Council of 9 June 2021 establishing the Neighbourhood, Development and International Cooperation Instrument – Global Europe, amending and repealing Decision No 466/2014/EU of the European Parliament and of the Council and repealing Regulation (EU) 2017/1601 of the European Parliament and of the Council and Council Regulation (EC, Euratom) No 480/2009 (OJ L 209, 14.6.2021, p. 1).

Removed:Recital 15 b (new): (15b) Capacity building measures in third countries carried out for the purposes of this Regulation should be limited to those set out in this Regulation and should uphold and promote the Union’s values, principles and fundamental interests and be in full compliance with fundamental rights and the rights set out in the Charter of Fundamental Rights, including the right to protection.

Removed:Recital 16: (16) In order to ensure a fair sharing of responsibility and a balance of effort between Member States, a binding solidarity mechanism should be established which is effective and ensures swift access to fair and efficient procedures for granting international protection. Such a mechanism should provide for true solidarity as enshrined in Article 80 of the TFEU and should prioritise relocation while also allowing for capacity building measures within the Union. Measures should be predictable and able to adapt quickly to the evolving nature of the migratory challenges facing a Member States, in particular those under migratory pressure, including as a result of recurring arrivals by sea and through disembarkations following search and rescue operations. Relocation of applicants and beneficiaries should ensure that family and other meaningful links of the applicant are taken into account.

Removed:Recital 16 a (new): (16a) To ensure a smooth functioning of the relocation of applicants and beneficiaries under this Regulation, an EU Relocation Coordinator should be appointed by the Commission. The EU Relocation Coordinator should monitor and coordinate the operational aspects of relocations and should act as a central point of contact. The EU Relocation Coordinator should assist in solving conflicts arising between Member States in the implementation of this Regulation. The EU Relocation Coordinator should, in cooperation with the Asylum Agency, also promote coherent working methods for the verification of any meaningful links persons eligible for relocation might have with Member States of relocation. The office of the EU Relocation Coordinator should be provided with sufficient staff and resources to effectively fulfil this role.

Removed:Recital 17: (17) Given the need to ensure the smooth functioning of the solidarity mechanism established in this Regulation, a Solidarity Forum comprising the representatives of all Member States should be established and should be convened and chaired by the EU Relocation Coordinator on behalf of the Commission. The Asylum Agency and, where appropriate and invited by the EU Relocation Coordinator, the European Border and Coast Guard and the European Union Agency for Fundamental Rights, should participate in the Solidarity Forum. To ensure the effectiveness of the Solidarity Forum meetings, Member State representatives should be empowered to take decisions.

Removed:Recital 18: (18) Given the specific characteristics of recurring arrivals by sea, in particular of disembarkations, arising in the context of search and rescue operations, this Regulation should take into account the vulnerability of persons arriving from such disembarkations and provide for fast and effective solidarity measures.

Removed:Recital 19: (19) The Commission should adopt annually a delegated act establishing a pool of solidarity contributions (‘the solidarity pool’) with the aim of assisting the Member State under migratory pressure or likely to be under such pressure, including where this pressure is caused by recurring arrivals by sea, including disembarkations following search and rescue operations or activities. Such measures should comprise applicants for international protection or beneficiaries of international protection or measures to strengthening of capacity in the field of asylum and reception, or operational support.

Removed:Recital 19 a (new): (19a) Where the annual solidarity pool has not been used, in whole or in part, at the end of a one year period, the anticipated solidarity contributions with regard to which no action has yet been taken as to their use should lapse.

Removed:Recital 20: (20) In order to provide a timely response to the situation of migratory pressure, the EU Relocation Coordinator should support the swift relocation of eligible applicants for and beneficiaries of international protection. The benefitting Member State, in close cooperation with the EU Relocation Coordinator and the contributing Member State and the Asylum Agency, should draw up the list of eligible persons to be relocated indicating the distribution of those persons among the contributing Member States. Applicants should be informed and consulted and should have the right to present relevant information in the procedure of determination of meaningful links.

Removed:Recital 21: deleted

Removed:Recital 22: (22) Member States’ contributions to the solidarity pool should be determined through indications by Member States of the measures by which they wish to contribute. Where Member States contributions are insufficient to provide for a sustainable solidarity response the Commission should be empowered to distribute the remaining needs to be covered by relocation and the share of this number for each Member State calculated according to a reference key based on the population and the GDP of each Member State.

Removed:Recital 23: (23) In order to ensure that solidarity contributions are available at all times, the solidarity forum should meet at least twice a year and as frequently as necessary.

Removed:Recital 24: deleted

Removed:Recital 25: (25) When assessing whether a Member State is under migratory pressure the Commission, based on a broad qualitative and quantitative assessment, should take account of a broad range of factors, including the relevant recommendations provided by the Asylum Agency and information gathered pursuant to the Union Mechanism for Preparedness and Management of Crisis related to Migration including the number of asylum applicants, irregular border crossings, return decisions issued and enforced, transfer decisions issued and carried out, level of arrivals by sea including through disembarkations following search and rescue operations, vulnerabilities of asylum applicants and the capacity of a Member State in managing its asylum and reception caseload. The solidarity response should be designed on a case-by-case basis in order to be tailor-made to the needs of the Member State in question.

Removed:Recital 26: deleted

Removed:Recital 27: (27) The solidarity mechanism should include measures to ensure a fair sharing of responsibility and a balance of effort between Member States, also in the area of transfers within this Regulation. With the agreement of the benefitting Member State, a Member State should be able to commit to support a Member State under migratory pressure by taking responsibility for applications for international protections. / (deleted)

Removed:Recital 28: (28) Member States should notify the type of solidarity contributions that they will take through the completion of a solidarity response plan. Where Member States are themselves benefitting Member States they should not be obliged to make solidarity contributions to Member States. At the same time, where a Member State has examined twice the Union average per capita of applications for international protection over the preceding ten years, it should be possible for a Member State to request a reduction of 10 % of its share of the solidarity contribution to Member States under migratory pressure. That reduction should be shared proportionately among the other Member States taking such measures.

Removed:Recital 29: deleted

Removed:Recital 30: (30) In order to ensure a, comprehensive and effective solidarity response and in order to give clarity to Member States receiving support, the Commission should adopt an implementing act specifying the type and number of contributions to be made by each Member State. Such contributions should be based on the type of contributions indicated by the Member State concerned in the solidarity response plan, except where the measures do not cover the identified need of the benefitting Member State. In such cases, the measures set out in the implementing act for the Member State concerned should be determined by the Commission.

Removed:Recital 31: deleted

Removed:Recital 32: (32) A Member State should be able to make, at its own initiative or at the request of another Member State, other contributions on a voluntary basis to assist that Member State in addressing the migratory situation or to prevent migratory pressure. Those contributions may include relocations of applicants and beneficiaries of international protection and measures aimed at strengthening the capacity of the Member State in the field of asylum, reception, return and reintegration and operational support, including through cooperation with third countries. Those contributions are without prejudice of the solidarity contributions established in the implementing act.

Removed:Recital 32 a (new): (32a) Union bodies, offices and agencies in the field of asylum and border and migration management should be able to provide support to the Member States and the Commission in implementing this Regulation by providing expertise and operational support as foreseen by their respective mandates.

Removed:Recital 33: (33) The Common European Asylum System (CEAS) has been built progressively as a common area of protection based on the full and inclusive application of the Geneva Convention Relating to the Status of Refugees of 28 July 1951, as supplemented by the New York Protocol of 31 January 1967 (‘the Geneva Convention’), thus ensuring that no person is sent back to persecution, in compliance with the principle of non-refoulement. In this respect, and without the responsibility criteria laid down in this Regulation being affected, Member States, are responsible for upholding human rights and the principle of non-refoulement, and as such are considered as safe countries for third-country nationals.

Removed:Recital 34: (34) It is appropriate that a clear and workable method for determining the Member State responsible for the examination of an application for international protection should be included in the Common European Asylum System40. That method should be based on objective, fair criteria both for the Member States and for the persons concerned. It should, in particular, make it possible to determine rapidly the Member State responsible and with which applicants have meaningful links as set out in this Regulation, so as to guarantee swift and effective access to the fair and efficient procedures for granting international protection and not to compromise the objective of the rapid and fair processing of applications for international protection. Member State should provide applicants with all the relevant information regarding the application of this Regulation in a language that they understand.

Removed:Recital 34 a (new): (34a) In order to increase understanding of the CEAS and solidarity provided under this Regulation, it is necessary to improve the provision of information. Investing in the early provision of accessible information will greatly increase the likelihood that persons concerned by this regulation will understand the procedures linked to it. The Asylum Agency should in this regard develop suitable information material, in close cooperation with national authorities. That agency should also develop audio-visual information material complementary to written information material. The information material should be translated and made available in different languages.

Removed:Recital 35: (35) This Regulation should be based on the principles underlying Regulation (EU) No 604/2013 of the European Parliament and of the Council41 and the principle of solidarity and fair sharing of responsibility as part of the common framework, in line with Article 80 of TFEU. To that end, the new solidarity mechanism should enable a strengthened preparedness of Member States to manage migration, to address situations where Member States are faced with migratory pressure and to facilitate regular solidarity support among Member States. The effective implementation of such solidarity contributions is a key prerequisite to the functioning of the whole CEAS.

Removed:Recital 37: deleted

Removed:Recital 38: (38) To ensure that the Member States have the necessary tools to ensure transfers of beneficiaries of international protection who entered the territory of another Member State without fulfilling the conditions of stay and to ensure effective solidarity between Member States, this Regulation should also apply to beneficiaries of international protection. Likewise, this Regulation should apply to persons resettled or admitted by a Member State in accordance with Regulation (EU) XXX/XXX [Union Resettlement Framework Regulation] or who are granted international protection or humanitarian status under a national resettlement scheme.

Removed:Recital 39: (39) Given the importance of facilitating the full integration of beneficiaries of international protection in the Member State of residence, the prospect of obtaining long-term resident status in a shorter period of time should be provided for. Beneficiaries of international protection, as well as beneficiaries of protection under the 1954 Convention Relating to Stateless Persons, should be able to obtain long-term resident status in the Member State which granted them international protection after three years of legal and continuous residence in that Member State. As regards other conditions to obtain the status, beneficiaries of international protection should be required to fulfil the same conditions as other third-country nationals. Council Directive 2003/109/EC42 should therefore be amended accordingly.

Removed:Recital 40: (40) For reasons of efficiency and legal certainty, it is essential that the Regulation is based on the principle that responsibility is determined only once, unless the person concerned has left the territory of the Member States in compliance with a return decision or removal order.

Removed:Recital 41: (41) Directive XXX/XXX/EU [Reception Conditions Directive] of the European Parliament and of the Council43 should apply to all procedures regulated under this Regulation, subject to the limitations in the application of that Directive.

Removed:Recital 43: (43) In accordance with the 1989 United Nations Convention on the Rights of the Child and with the Charter of Fundamental Rights of the European Union, the best interests of the child should be a primary consideration of Member States when applying this Regulation. Member States should carry out an individual assessment of the best interest of the child, taking due account of the minor’s well-being and social development, safety and security considerations in the short, medium and long term, and the views of the minor in accordance with his or her age and maturity, including his or her background. In addition, specific procedural guarantees for unaccompanied minors should be laid down on account of their particular vulnerability, including the appointment of an independent guardian and access to free legal assistance.

Removed:Recital 43 a (new): (43a) Staff who deal with requests concerning unaccompanied minors should have received and continue to receive, appropriate training on the rights of the child and child psychology and development, and on risk assessment to target care and protection depending on the individual needs of the minor, with a specific focus on early identification of victims of trafficking in human beings and of abuse as well as training on good practices to prevent disappearance.

Removed:Recital 44: (44) In accordance with the European Convention for the Protection of Human Rights and Fundamental Freedoms and with the Charter of Fundamental Rights of the European Union, respect for private and family life, as well as for the principle of non-discrimination should be a primary consideration of Member States when applying this Regulation.

Removed:Recital 44 a (new): (44a) In applying this Regulation, Member States should respect their international obligations towards stateless persons, including under the Convention relating to the Status of Stateless Persons, signed in New York on 28 September 1954, and in accordance with other international human rights law instruments. Where necessary, the treatment of stateless persons should be distinguished from third-country nationals with due consideration to their particular protection needs.

Removed:Recital 45: (45) In order to prevent persons who represent a security risk from being transferred among the Member States, it is necessary to ensure that the Member State where an application is first registered does not apply the responsibility criteria or the benefitting Member State does not apply the relocation procedure where there are reasonable grounds to consider the person concerned a threat to internal security.

Removed:Recital 46: (46) In order to ensure family unity, the processing together of the applications for international protection of the members of one family by a single Member State should make it possible to ensure that the applications are examined thoroughly, the decisions taken in respect of them are consistent and the members of one family are not separated, with a view also to promoting integration and reduce unauthorised movements. This should be without prejudice to the right of an applicant to lodge an application individually.

Removed:Recital 47: (47) The definition of a family member in this Regulation should include the sibling or siblings of the applicant. The scope of the definition of family member should also reflect the reality of current migratory trends, according to which applicants often arrive to the territory of the Member States after a prolonged period of time in transit. The definition should therefore include families formed outside the country of origin. This limited and targeted enlargement of the scope of the definition is of particular importance for improving the chances of integration of applicants and hence reducing unauthorised movements within the EU.

Removed:Recital 48: (48) In order to ensure full respect for the principle of family unity and for the best interests of the child, the existence of a relationship of dependency between an applicant and his or her child, sibling or parent, including on account of the applicant’s pregnancy or maternity, state of health or old age, should be a binding responsibility criterion. When the applicant is an unaccompanied minor, the presence of a family member or relative on the territory of another Member State who can take care of him or her should also become a binding responsibility criterion, if it is in the best interest of the minor. In the absence of a family member or a relative, the Member State responsible should be that where the unaccompanied minor is present unless it is demonstrated that this would not be in the best interests of the child. Before transferring an unaccompanied minor to another Member State, the transferring Member State should make sure that that Member State will take all necessary and appropriate measures to ensure the adequate protection of the child, and in particular the prompt appointment of a guardian tasked with safeguarding respect for all the rights to which they are entitled. Any decision to transfer an unaccompanied minor should be preceded by an assessment of his or her best interests by staff with the necessary qualifications, training, expertise and independence.

Removed:Recital 49: (49) The rules on evidence should allow for a swifter family reunification than until now. It is therefore necessary to clarify that formal proof, such as original documentary evidence and DNA testing, should not be necessary in cases where the circumstantial evidence is coherent, verifiable and sufficiently detailed to establish responsibility for examining an application for international protection. Member States’ authorities should consider all available evidence including photos, proof of contact and witness statements to make a fair appraisal of the relationship. A light procedure should be envisaged to ensure swift family reunification and access to the asylum procedures for applicants where there are sufficient indicators that they are likely to have the right to family reunification.

Removed:Recital 50: (50) Where persons are in possession of a diploma or other qualification, the Member State where the diploma was issued should be responsible for examining their application. This would ensure a swift examination of the application in the Member State with which the applicant has meaningful links based on such a diploma. Without prejudice to online training following restrictions imposed by Member States, online training or other forms of distance learning should not be considered to be relevant.

Removed:Recital 51: deleted

Removed:Recital 52: (52) Any Member State should be able to derogate at its own discretion from the responsibility criteria in particular on humanitarian and compassionate grounds, in order to bring together family members, relatives or any other family relations or to support a Member State under migratory pressure and examine an application for international protection registered with it or with another Member State, even if such examination is not its responsibility under the binding criteria laid down in this Regulation.

Removed:Recital 53: (53) In order to ensure that the procedures set out in this Regulation are respected and to prevent obstacles to the efficient application of this Regulation, in particular in order to avoid absconding and unauthorised movements between Member States, it is necessary to establish clear obligations to be complied with by the Member State and the applicant in the context of the procedure, of which the applicant should be duly informed in a timely manner. Information to applicants about rights and legal obligations should be provided in writing and, where necessary, also orally in a concise and transparent manner and, when the applicant is a minor, in a child-friendly manner. Applicants should fully cooperate with the competent authorities of the Member States in matters covered by this Regulation and they should be duly informed of the requirements and of the consequences of non-compliance. In line with the Charter of Fundamental Rights of the European Union, the Member State where such an applicant is present should in any case ensure that the immediate material needs of that person are covered.

Removed:Recital 54: deleted

Removed:Recital 55: (55) A personal interview with the applicant should be organised in order to facilitate the determination of the Member State responsible for examining an application for international protection unless the applicant has absconded and is not available to the authorities, has not attended the interview without justified reasons or the information provided by the applicant is sufficient for determining the Member State responsible and the applicant does not request to be heard. As soon as the application for international protection is registered, the applicant should be informed in particular of the application of this Regulation, the fact that the Member State responsible for examining his or her application for international protection is based on objective criteria, of his or her rights as well as of the his or her obligations under this Regulation and of the consequences of not complying with them. The information should be provided in a language that the applicant understands and can communicate in, in a concise and easily accessible form, using clear and plain language.

Removed:Recital 55 a (new): (55a) The person conducting the interview should have received sufficient training to take account of the personal and general circumstances of the applicant, including their cultural origin, age, gender, sexual orientation, gender identity and vulnerability. Staff interviewing applicants should also have acquired general knowledge and possess awareness of issues which could adversely affect the applicant’s ability to be interviewed, such as indicators that the person may have been the victim of torture or gender-based violence in the past.

Removed:Recital 55 b (new): (55b) In accordance with Directive 2011/36/EU1, particular attention should be paid to identifying victims of trafficking in human beings, in order to offer protection and prevent them for being trafficked further into the Union. / 1 Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA (OJ L 101, 15.4.2011, p. 1).

Removed:Recital 56: (56) In order to guarantee effective protection of the rights of the persons concerned, legal safeguards and the right to an effective remedy in respect of decisions regarding transfers to the Member State responsible should be established, in accordance, in particular, with Article 47 of the Charter of Fundamental Rights of the European Union. In order to ensure that international law is respected, an effective remedy against such decisions should cover both the examination of the application of this Regulation and of the legal and factual situation in the Member State to which the applicant is transferred.

Removed:Recital 57: (57) In order to facilitate the smooth application of this Regulation, Member States should in all cases indicate the Member State responsible in Eurodac after having concluded the procedures for determining the Member State responsible, including in cases where the responsibility results from the failure to respect the time limits for sending or replying to take charge requests, carrying out a transfer, as well as in cases of relocation or where the Member State of first application becomes responsible or it is impossible to carry out the transfer to the Member State primarily responsible due to a real risk of violations of the applicant’s fundamental rights or systemic deficiencies resulting in a risk of inhuman or degrading treatment and subsequently another Member State is determined as responsible.

Removed:Recital 58: (58) In order to ensure the speedy determination of responsibility, the deadlines for making and replying to requests to take charge, for making take back requests, as well as for making and deciding on appeals, should be streamlined and shortened, to the greatest extent possible, while respecting the fundamental rights of applicants. The transfer and relocation of applicants with specific reception or procedural needs should be prioritised.

Removed:Recital 59: (59) The detention of applicants should be applied in accordance with the underlying principle that a person should not be held in detention for the sole reason that he or she is seeking international protection. Detention should be for as short a period as possible and subject to the principles of necessity and proportionality thereby only being allowed as a measure of last resort. Minors, as a rule, should not be detained and efforts should be made to place them in accommodation with special provisions for minors. The detention of applicants must be in accordance with Article 31 of the Geneva Convention. The procedures provided for under this Regulation in respect of a detained person should be applied as a matter of priority, within the shortest possible deadlines. As regards the general guarantees governing detention, as well as detention conditions, where appropriate, Member States should apply the provisions of Directive XXX/XXX/EU [Reception Conditions Directive] also to persons detained on the basis of this Regulation.

Removed:Recital 62: (62) In order to ensure a clear and efficient relocation procedure, specific binding rules for a benefitting and a contributing Member State should be set out. The rules and safeguards relating to transfers set out in this Regulation should apply to transfers for the purpose of relocation.

Removed:Recital 63: (63) Where Member States undertake relocation as a solidarity contribution, appropriate and proportionate financial support from the Union budget should be provided. In order to incentivise Member States to give priority to the relocation of unaccompanied minors a higher incentive contribution should be provided.

Removed:Recital 63 a (new): (63a) Member States should take into account the support offered by cities and regions, as relocation and integration relies to a large extent on those actors. They are key players in the achievement of meaningful solidarity and successful relocation and integration trajectories. To that end, Member States should take measures to support local and regional authorities, such as by providing them with financial support, information, technical support, and by reducing unnecessary administrative barriers.

Removed:Recital 64: (64) The application of this Regulation can be facilitated, and its effectiveness increased, by bilateral arrangements between Member States in order to carry out transfers more efficiently. Such arrangements may include improving communication between competent departments, or reducing time limits and simplifying procedures.

Removed:Recital 66: (66) A network of competent Member State authorities should be set up and facilitated by the European Union Agency for Asylum to enhance practical cooperation and information sharing on all matters related to the application of this Regulation, including the development of practical tools and guidance. The network should organise regular meetings to enhance trust-building and common understanding of the challenges of the implementation of the CEAS in different Member States.

Removed:Recital 69: (69) With respect to the treatment of persons falling within the scope of this Regulation, Member States are bound by their obligations under instruments of international law, including the relevant case-law of the Court of Justice of the European Union and the European Court of Human Rights.

Removed:Recital 70: (70) Regulation (EU) 2016/679 of the European Parliament and of the Council47 applies to the processing of personal data by the Member States under this Regulation. Member States should implement appropriate technical and organisational measures to ensure and be able to demonstrate that processing is performed in accordance with that Regulation and the provisions specifying its requirements in this Regulation. In particular those measures should ensure the security of personal data processed under this Regulation and in particular to prevent unlawful or unauthorised access or disclosure, alteration or loss of personal data processed. The competent supervisory authority or authorities of each Member State should monitor the lawfulness of the processing of personal data by the authorities concerned, including of the transmission to the authorities competent for carrying out security checks. In particular, data subjects should be notified without undue delay when a security incident is likely to result in a high risk to their rights and freedoms in accordance with Regulation (EU) 2016/679.

Removed:Recital 70 a (new): (70a) Member States as well as the Union agencies should take all proportionate and necessary measures to ensure that the data is stored in a secure way.

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

Removed:Recital 73: (73) The Commission should adopt immediately applicable delegated and implementing acts in duly justified imperative grounds of urgency due to the situation of migratory pressure present in a Member States.

Removed:Recital 77: (77) This Regulation respects the fundamental rights and observes the principles which are guaranteed in Union and international law, including in the Charter of Fundamental Rights of the European Union. In particular, this Regulation seeks to ensure full observance of the right to asylum guaranteed by Article 18 of the Charter as well as the rights recognised under Articles 1, 4, 7, 24 and 47 thereof. Member States should therefore apply this Regulation accordingly.

Removed:Recital 78: (78) Since the objective of this Regulation, namely the establishment of criteria and mechanisms for determining the Member State responsible for examining an application for international protection registered in one of the Member States by a third-country national or a stateless person, and the establishment of a solidarity mechanism to support Member States in addressing a situation of migratory pressure, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of this Regulation, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union (TEU). In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.

Removed:Article 1 – paragraph 1 – point a: (a) sets out a common framework for the management of asylum and migration in the Union, and the functioning of the Common European Asylum System;

Removed:Article 1 – paragraph 1 – point b: (b) establishes a mechanism for solidarity and fair sharing of responsibility, as enshrined in Article 80 Treaty of the Functioning of the European Union (TFEU);

Removed:Article 2 – paragraph 1 – point a: (a) ‘third-country national’ means any person who is not a citizen of the Union within the meaning of Article 20(1) of the TFEU and who is not a person enjoying the right of free movement under Union law as defined in Article 2, point (5) of Regulation (EU) 2016/399 of the European Parliament and of the Council53;

Removed:Article 2 – paragraph 1 – point a a (new): (aa) ‘stateless person’ means a person who is not considered a national by any State under the operations of its law, as referred to in the Convention relating to the Status of Stateless Persons, signed in New York on 28 September 1954;

Removed:Article 2 – paragraph 1 – point c: (c) ‘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 been taken;

Removed:Article 2 – paragraph 1 – point g – introductory part: (g) ‘family members’ means the following members of the applicant’s or beneficiary’s family who are present on the territory of the Member States:

Removed:Article 2 – paragraph 1 – point g – point i: (i) the spouse of the applicant or beneficiary or his or her 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,

Removed:Article 2 – paragraph 1 – point g – point ii: (ii) the minor or adult dependent children of couples referred to in the first indent or of the applicant, or beneficiary regardless of whether they were born in or out of wedlock or adopted as defined or recognised under national law,

Removed:Article 2 – paragraph 1 – point g – point iii: (iii) where the applicant is a minor or adult dependent child, the father, mother or another adult responsible for the applicant, whether by law or by the practice of the Member State where the adult is present,

Removed:Article 2 – paragraph 1 – point g – point iv: (iv) where the beneficiary of international protection is a minor or adult dependent child, the father, mother or another adult responsible for him or her whether by law or by the practice of the Member State where the beneficiary is present,

Removed:Article 2 – paragraph 1 – point g – point v: (v) the sibling or siblings of the applicant or beneficiary;

Removed:Article 2 – paragraph 1 – point g – point v a (new): (va) by way of derogation from points (ii), (iii) and (iv), on the basis of an individual assessment, where the minor is married, the adult spouse constitutes a family member provided that the marriage is in accordance with the relevant national law had it been contracted in the Member State concerned, in particular having regard to the legal age of marriage.

Removed:Article 2 – paragraph 1 – point k: (k) ‘guardian’ means a natural person or an organisation including a public body designated by the competent authorities in order to assist, and represent and act on behalf of an unaccompanied minor in procedures provided for in this Regulation in order to ensure that the unaccompanied minor can benefit from the rights and comply with the obligations under this Regulation, while safeguarding the best interests of the child and his or her well-being, and exercising legal capacity for the minor where necessary;

Removed:Article 2 – paragraph 1 – point n: (n) ‘diploma or qualification’ means a diploma or qualification which is obtained after at least a three months’ period of study achieved on the territory of a Member State in a recognised, state or regional programme of education or vocational training at least equivalent to level 2 of the International Standard Classification of Education, operated by an education establishment in accordance with national law or administrative practice of the Member States;

Removed:Article 2 – paragraph 1 – point p: (p) ‘absconding’ means the action by which an applicant does not remain available to the competent administrative or judicial authorities, for reasons which are not beyond the applicant’s control;

Removed:Article 2 – paragraph 1 – point q: (q) ‘risk of absconding’ means the existence of specific reasons and circumstances in an individual case, following an individual assessment, which are based on objective criteria clearly defined by national law to believe that an applicant who is subject to a transfer procedure may abscond;

Removed:Article 2 – paragraph 1 – point r: (r) ‘benefitting Member State’ means the Member State benefitting from the solidarity contributions as set out in Article 45 in situations of migratory pressure;

Removed:Article 2 – paragraph 1 – point s: (s) ‘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 Article 45;

Removed:Article 2 – paragraph 1 – point t: deleted

Removed:Article 2 – paragraph 1 – point t a (new): (ta) ‘transfer’ means the action taken by the Member States and practical arrangements made by that Member State in order to take charge or to take back an applicant pursuant to Article 26 of this Regulation;

Removed:Article 2 – paragraph 1 – point u: (u) ‘relocation’ means transferral 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;

Removed:Article 2 – paragraph 1 – point v: (v) ‘search and rescue operations’ means operations of search and rescue activities, as referred to in the 1979 International Convention on Maritime Search and Rescue adopted in Hamburg, Germany on 27 April 1979, and operations as referred to in Article 10 of Regulation (EU) No 656/2014 of the European Parliament and of the Council1a; / 1a Regulation (EU) No 656/2014 of the European Parliament and of the Council of 15 May 2014 establishing rules for the surveillance of the external sea borders in the context of operational cooperation coordinated by the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (OJ L 189, 27.6.2014, p. 93).

Removed:Article 2 – paragraph 1 – point w: (w) ‘migratory pressure’ means, without prejudice to the definition of crisis in Article XX of Regulation (EU) xx/xx [Crisis Regulation], a situation, whereby the arrivals or applications of third-country nationals or stateless persons, including recurring arrivals by sea, in particular disembarkations following search and rescue operations and activities place a disproportionate responsibility even on well-prepared asylum, reception and migration systems, which requires solidarity contributions pursuant to Article 45 of this Regulation;

Removed:Article 2 – paragraph 1 – point w a (new): (wa) ‘reception conditions’ means the reception conditions, as defined in Article 2(6) of Directive (EU) XXX/XXX [Reception Conditions Directive];

Removed:Article 2 – paragraph 1 – point x a (new): (xa) ‘EU Relocation Coordinator’ means the person appointed by the Commission and with the mandate as defined in Article 58 a of this Regulation;

Removed:Article 2 – paragraph 1 – point z: deleted / (deleted)

Removed:Article 2 – paragraph 1 – point aa: deleted

Removed:Article 3 – paragraph 1 – introductory part: The Union and the Member States shall take common actions in the field of asylum and migration management on the basis of a comprehensive approach including the principle of integrated policy-making, in compliance with international and Union law, ensuring coherence between asylum and migration management policies and consisting of the following components:

Removed:Article 3 – paragraph 1 – point a: deleted

Removed:Article 3 – paragraph 1 – point c: deleted

Removed:Article 3 – paragraph 1 – point d: deleted

Removed:Article 3 – paragraph 1 – point e: (e) effective management of the Union’s external borders, 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 Council1a; / 1a Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624 (OJ L 295, 14.11.2019, p. 1).

Removed:Article 3 – paragraph 1 – point g: (g) swift access to fair and efficient procedures for granting international protection on Union territory, including at Union borders and recognition of third-country nationals or stateless persons as refugees or beneficiaries of subsidiary protection;

Removed:Article 3 – paragraph 1 – point h: (h) determination of the Member State responsible for the examination of an application for international protection, based on shared responsibility and rules and mechanisms for solidarity, as enshrined in Article 80, TFEU;

Removed:Article 3 – paragraph 1 – point i: (i) access for applicants to adequate reception conditions, in accordance with the Reception Conditions Directive;

Removed:Article 3 – paragraph 1 – point j: (j) return of irregularly staying third-country nationals in accordance with the Return Directive;

Removed:Article 3 – paragraph 1 – point l: deleted

Removed:Article 3 – paragraph 1 – point m: (m) where applicable, deployment and use of the operational tools set up at Union level, notably the Asylum Agency;

Removed:Article 3 – paragraph 1 – point n: deleted

Removed:Article 4: deleted / (deleted) / (deleted) / (deleted) / (deleted)

Removed:Article 4 a (new): Article 4a / A long-term European Asylum and Migration Management Strategy / The Commission shall adopt a five-year European Asylum and Migration Management Strategy (the ‘Strategy’) setting out the strategic approach to ensure access to asylum procedures and the functioning and implementation of asylum and migration policies at Union level, in accordance with the principles set out in this Part and in Union primary law and applicable international law. The Commission shall transmit the Strategy to the European Parliament and the Council. / The first Strategy shall be adopted by ... [18 months after the entry of this Regulation] and every five years thereafter. / The Strategy shall include the components listed in Article 3, and also take into account: / (a) the implementation of the national asylum and migration management strategies of the Member States, referred to in Article 5, and their compliance with Union and international law; / (b) relevant information gathered by the Commission under the Commission Recommendation No XXX on an European Preparedness and Crisis Management Mechanism (the ‘Migration Preparedness and Crisis Blueprint’); / (c) information collected by the Commission and the Asylum Agency on implementation of the 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, European Border and Coast Guard Agency and the European Union Agency f…

Removed:Article 4 b (new): Article 4b / Annual Situational Report / 1. The Commission shall monitor and provide information on the asylum, reception and migratory situation over the previous 12 month period as a whole through annual situational reports based on qualitative data and information provided by the Member States, the European External Action Service, the Asylum Agency, the European Border and Coast Guard Agency, the European Agency for Law Enforcement Cooperation (Europol), the European Union Agency for Fundamental Rights, and other relevant bodies, offices, agencies or organisations. The Commission shall transmit the annual situational reports to the European Parliament and the Council by [...] of each year. / The annual situational reports shall include: / (a) the total number of applications for international protection and the nationalities of the applicants, including the numbers of applications lodged by unaccompanied minors and other vulnerable persons; / (b) the reception capacity of the Member States; / (c) the number of third-country nationals who have been identified by Member States authorities that do not fulfil the conditions for entry, stay or residence in the Member State, including overstayers within the meaning of Article 3(1), point (19), of Regulation (EU) 2017/2226 of the European Parliament and of the Council1a; / (d) 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 accord…

Removed:Article 4 c (new): Article 4c / Projected Annual Solidarity Needs / 1. The Commission shall, together with the transmission of the annual situational report as referred to in Article 4b, adopt a delegated act in accordance with Article 68, setting out the anticipated evolution of the migratory situation in the Member States and anticipated number of arrivals, including arrivals by sea, in particular through disembarkation following search and rescue operations or activities, in the following 12 months. / That delegated act shall also identify the Member States that experienced recurring arrivals by sea, in particular through disembarkation following search and rescue operations or activities in the previous 12 months. / 2. Where the Commission anticipates that one or more Member States could face a situation of migratory pressure, the delegated act shall also, for the upcoming year, set out the projected annual solidarity needs in the form of: / (a) the total number of required relocations pursuant to Article 45(1), points (a) and (c); / (b) the total number of required relocations allocated for applicants arriving by sea, in particular through disembarkation following search and rescue operations or activities; / (c) the total need of capacity-building measures pursuant to Article 45(2a). / The delegated act shall give priority to measures set out in Article 45(1). / The Commission shall consult with the Member State of Member States identified. / 3. Where a Member State is identified as havin…

Removed:Article 5 – title: Principle of solidarity and fair sharing or responsibility and the duties of the Member States

Removed:Article 5 – paragraph 1 – introductory part: 1. In implementing their obligations, 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 the shared interest in the effective functioning of the Union’s asylum and migration management policies.

Removed:Article 5 – paragraph 1 a (new): 1a. In fulfilling their duties, Member States shall:

Removed:Article 5 – paragraph 1 – point a: (a) establish and maintain national asylum and migration management systems that provide access to international and national protection procedures, provide and invest in adequate reception and grant such protection to those who are in need and ensure the effective and dignified return of those who are irregularly staying;

Removed:Article 5 – paragraph 1 – point a a (new): (a a) ensure that sufficient funding and qualified and well-trained staff is allocated in all circumstances and, where they consider it necessary or where applicable, request support from Union bodies, offices and agencies for that purpose;

Removed:Article 5 – paragraph 1 – point b: (b) take all measures necessary and proportionate, in full compliance with fundamental rights, to reduce and prevent irregular migration, including the prevention and fight against migrant smuggling and human trafficking, whilst protecting the rights of smuggled and trafficked people;

Removed:Article 5 – paragraph 1 – point c: (c) apply correctly and expeditiously the rules on the determination of the Member State responsible for examining an application for international protection and, where necessary, carry out the transfer to the Member State responsible pursuant to Chapters I-VI of Part III and Chapter I of Part IV;

Removed:Article 5 – paragraph 1 – point d: (d) provide effective support to other Member States in the form of solidarity contributions on the basis of needs set out in Chapters I-III of Part IV;

Removed:Article 5 – paragraph 1 – point e: deleted

Removed:Article 5 – paragraph 1 b (new): 1b. When implementing their obligations under paragraph 1a, Member States shall cooperate closely.

Removed:Article 5 – paragraph 1 c (new): 1c. Member States shall have national strategies in place that establish the 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, especially their geographical location. The Commission and relevant Union bodies, offices and agencies, in particular the Asylum Agency shall, within their respective mandates, be able to support the Member States when establishing their national strategies. Those strategies shall, at least, include: / (a) preventive measures to reduce the risk of migratory pressure and contingency planning, taking into account the contingency planning pursuant to Regulation (EU) 2021/2303 of the European Parliament and of the Council1a, Regulation (EU) 2019/1896 and Directive (EU) XXX/XXX [Reception Conditions Directive] and the reports of the Commission issued within the framework of the Migration Preparedness and Crisis Blueprint; / (b) information on how the Member States implement the principles set out in this Part and legal obligations stemming therefrom at national level; / (c) the results of the monitoring undertaken by the Asylum Agency and the European Border and Coast Guard Agency, of the evaluation carried out in accordance with Regulation (EU) 2022/922 as well as of the monitoring carried out in accordance with Article 7 of Regulation (EU) XXX/XXX [Screening Reg…

Removed:Article 5 – paragraph 2: 2. Financial and operational support by the Union for implementation of the obligations, including operational support from its agencies, shall be provided in accordance with the Regulation (EU) 2021/2303, Regulation (EU) 2019/1986, Regulation (EU) 2021/1147and Regulation (EU) 2021/11481a. / 1a Regulation (EU) 2021/1148 of the European Parliament and of the Council of 7 July 2021 establishing, as part of the Integrated Border Management Fund, the Instrument for Financial Support for Border Management and Visa Policy (OOJ L 251, 15.7.2021, p. 48).

Removed:Article 6: deleted

Removed:Article 6 a (new): Article 6a / Governance and monitoring of the asylum and migration management / 1. 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 and with full respect for the competencies of the institutions and agencies of the Union and Member States responsible for external policies. / 2. The Commission, the Council and the Member States, acting within their respective competences, shall be responsible for the implementation of the asylum and migration management policies that comply fully with Union and international law, including with regard to fundamental rights, taking into account the comprehensive approach referred to in Article 3.

Removed:Article 7: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

Removed:Article 7 a (new): Article 7a / Cooperation with third countries on asylum, border and migration management / 1. The Union and the Member States shall promote and build tailor-made and mutually beneficial partnerships and close cooperation with relevant third countries, in order to / (i) promote legal migration and well-managed mobility for third-country nationals in need of international protection and for those otherwise admitted to reside legally in the Member States; / (ii) support partners hosting large numbers of migrants and refugees in need of protection and build their operational capacities; / (iii) strengthen bilateral, regional and international partnerships on migration, forced displacement, legal pathways and mobility partnerships; / (iv) support effective and human rights based migration policies; / (v) reduce the vulnerabilities caused by human trafficking and smuggling; / (vi) address drivers of irregular migration and forced displacement; / (vii) enhance readmission and reintegration. / 2. The partnerships and close cooperation with third countries shall be implemented in compliance with Union law and based on human rights, rule of law and respect of Union’s common values. / 3. The Commission and Member States shall also take measures to assess and promote other measures designed to foster and enhance mutually benefitting cooperation with third countries. / 4. The Commission, the Council, and the Member States shall, within their respective competences, take actions which prom…

Removed:Article 8 – title: The procedure for determining the Member State responsible for examining an application for international protection

Removed:Article 8 – paragraph 1: 1. Member States shall examine any application for international protection by a third-country national or a stateless person who applies on the territory of any one of them, including at the border or in the transit zones. The application shall be examined by a single Member State at a time, which shall be the one which the criteria set out in Chapter II of Part III indicate is responsible.

Removed:Article 8 – paragraph 2: 2. Where no Member State can be designated as responsible for the examination of 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, pursuant to Article 21.

Removed:Article 8 – paragraph 3: 3. Where it is impossible for a Member State to transfer an applicant or a beneficiary of international protection to the Member State primarily designated as responsible because there are substantial grounds for believing that there is a real risk of violations of the applicant’s fundamental rights or there are systemic flaws in the asylum procedure or in the reception conditions for applicants or the beneficiaries of international protection in that Member State, the determining Member State shall continue to examine the criteria set out in Chapter II of Part III in order to establish whether another Member State can be designated as responsible. / Where a Member State cannot carry out the transfer pursuant to the first subparagraph and cannot establish whether another Member State can be designated as responsible on the basis of the criteria set out in Chapter II of Part III or to the first Member State with which the application was registered, that Member State shall become the Member State responsible for the examination of that application for international protection.

Removed:Article 8 – paragraph 4 – subparagraph 1: If a security check provided for in Article 11 of Regulation (EU) XXX/XXX [Screening Regulation] has not been carried out, the first Member State in which the application for international protection was registered shall examine whether there are reasonable grounds to consider the applicant a threat to internal security of that Member State, as soon as possible, at the latest within three days after the registration of the application, before applying the criteria for determining the Member State responsible pursuant to Chapter II or the clauses set out in Chapter III of Part III.

Removed:Article 8 – paragraph 4 – subparagraph 2: If a security check provided for in Article 11 of Regulation (EU) XXX/XXX [Screening Regulation] 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 the applicant a threat to internal security of that Member State, 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 Part III.

Removed:Article 8 – paragraph 4 – subparagraph 3: Where the security check carried out in accordance with Article 11 of Regulation (EU) XXX/XXX [Screening Regulation] or in accordance with the first and second subparagraphs of this paragraph shows that there are reasonable grounds to consider the applicant a threat to internal security of the Member State carrying out the security check, that Member State shall be the Member State responsible.

Removed:Article 8 – paragraph 5: deleted

Removed:Article 9 – title: Cooperation of the applicant with the competent authorities

Removed:Article 9 – paragraph 1: 1. Where a third-country national or stateless person intends to make an application for international protection, the application shall be made and registered in the Member State of first entry or the Member State in which that third-country national or stateless person is legally present.

Removed:Article 9 – paragraph 2: 2. By derogation from paragraph 1, where a third-country national or stateless person who intends to make an application for international protection is in possession of a residence permit or a visa, either valid or which has expired, the application shall be made and registered in the Member State that issued the residence permit or visa. / (deleted)

Removed:Article 9 – paragraph 3: 3. The applicant shall fully cooperate with the competent authorities of the Member States in matters covered by this Regulation, in particular by submitting and disclosing, as soon as possible all the elements and information available to him or her to determine the Member State responsible. The competent authority shall set a reasonable time limit within the period referred to in Article 29(1) for submitting such evidence, taking into account the circumstances of the individual case and shall inform the applicant thereof.

Removed:Article 9 – paragraph 3 – subparagraph 1 a (new): The competent authorities shall consider elements and information submitted also after a take charge request is sent if the elements or information are of such nature that they provide key and reliable evidence which is crucial for determining the Member State responsible, in particular regarding unaccompanied minors and family reunification.

Removed:Article 9 – paragraph 4 – introductory part: 4. The applicant shall be required, within reason, to be present and to remain available to the competent authorities or judicial authorities in:

Removed:Article 9 – paragraph 4 – point c: (c) the Member State of relocation following a transfer pursuant to Article 57(8).

Removed:Article 9 – paragraph 5: 5. Where a transfer or relocation decision is final and notified to the applicant in accordance with Article 32(2) and Article 57(7), the applicant shall comply with that decision.

Removed:Article 9 – paragraph 5 a (new): 5a. Member States shall take into account the individual circumstances of the applicant when applying this Article.

Removed:Article 10: deleted / (deleted) / (deleted) / (deleted)

Removed:Article 10 a (new): Article 10a / Reception conditions in a Member State other than the one in which the applicant is required to be present / 1. Before applying Article 17a of Directive (EU) xxx/xxx [Reception Conditions Directive], Member States shall ensure that the applicant has been duly informed of the requirement set out in Article 9(4) of this Regulation and of the consequences of non-compliance with that requirement pursuant to Article 8(2), point (b), of Regulation (EU) xxx/xxx [Screening Regulation]. / 2. Paragraph 1 shall not apply if the applicant is present in a Member State other than the Member State where he or she is required to be present and where his or her presence is due to reasons beyond his or her control. / 3. Member States shall take into account the individual circumstances of the applicant, including the real risk of violations of fundamental rights in the Member State where the applicant is required to be present, when applying this Article. Any measures taken by the Member States shall be proportionate.

Removed:Article 11 – paragraph 1 – introductory part: 1. As soon as possible and in any event by the date when an application for international protection is registered in a Member State, its competent authorities shall provide the applicant with information of the application of this Regulation. That information shall include in particular information on:

Removed:Article 11 – paragraph 1 – point a: deleted

Removed:Article 11 – paragraph 1 – point a a (new): (aa) the objectives of this Regulation;

Removed:Article 11 – paragraph 1 – point a b (new): (ab) the cooperation expected by the applicant with the competent authorities as set out in Article 9;

Removed:Article 11 – paragraph 1 – point a c (new): (ac) a statement to the effect 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 is the Member State of relocation;

Removed:Article 11 – paragraph 1 – point b: (b) the consequences of making another application in a different Member State as well as the consequences of leaving the Member State where he or she is required to be present during the phases of determining the Member State responsible, in particular Article 10(1);

Removed:Article 11 – paragraph 1 – point c: (c) the criteria of this Regulation and the procedures for determining the Member State responsible, the hierarchy of such criteria in the different steps of the procedure and their duration, including the specific criteria applied by the determining Member States in the individual case;

Removed:Article 11 – paragraph 1 – point c a (new): (ca) the provisions relating to family reunification and, in that regard, the applicable definition of family members and relatives;

Removed:Article 11 – paragraph 1 – point d: (d) the right to and purpose of the personal interview pursuant to Article 12, the procedure and the obligation to submit orally or through the provision of documents information as soon as possible in the procedure any relevant information that could help to establish the presence of family members, relatives or any other family relations in the Member States, including the means by which the applicant can submit such information, as well as any assistance that the Member State can offer with regard to the tracing of family members or relatives;

Removed:Article 11 – paragraph 1 – point e: deleted

Removed:Article 11 – paragraph 1 – point e a (new): (ea) the possibility to request that the discretionary clause be applied in accordance with Article 25, as well as the specific arrangements relating to the procedure, including the discretion of application for the Member State;

Removed:Article 11 – paragraph 1 – point f: (f) the possibility and arrangements to challenge a transfer decision within the time limits set out in Article 33, as well as the existence of the right to an effective remedy before a court or tribunal, including in a situation where no transfer decision is issued and the fact that the challenge to a transfer decision has suspensive effect;

Removed:Article 11 – paragraph 1 – point g: (g) the right to be granted, on request, legal assistance free of charge where the person concerned cannot afford the costs involved;

Removed:Article 11 – paragraph 1 – point h: (h) 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 data on him or her for the sole purpose of implementing their obligations arising under this Regulation;

Removed:Article 11 – paragraph 1 – point i: (i) the categories of personal data concerned;

Removed:Article 11 – paragraph 1 – point j: (j) 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 41 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;

Removed:Article 11 – paragraph 1 – point j a (new): (ja) the protection of natural persons with regard to the processing of personal data in accordance with Union or national law;

Removed:Article 11 – paragraph 1 – point k: (k) in the case of an unaccompanied minor, the guarantees and rights applicable to the applicant, the role and responsibilities of the applicant’s guardian and the procedure to file complaints against a guardian in confidence and safety and in full respect of the child's right to be heard in this respect;

Removed:Article 11 – paragraph 1 – point k a (new): (ka) where applicable, the fact that an age assessment or a DNA-test to prove family-link will be carried out;

Removed:Article 11 – paragraph 1 a (new): 1a. The competent authorities of the Member States shall keep the applicants informed of the progress of the procedure for determining the Member State responsible on a regular basis with regard to their application. Where the applicant is a minor, the competent authorities shall inform both the minor and the parent or the guardian.

Removed:Article 11 – paragraph 2: deleted / (deleted)

Removed:Article 11 – paragraph 3: deleted

Removed:Article 11 a (new): Article 11a / Accessibility of information / 1. The information referred to in Article 11 shall be provided in writing in the mother tongue of the applicant or in a language that the applicant understands. The information shall be provided in a concise and transparent manner, in an easily accessible form, and in advance of the personal interview as referred to in Article 12. / Member States shall use the common information material drawn up in clear and plain language pursuant to paragraph 2 for that purpose. / The competent authority shall ensure that the applicant understands the information and has the opportunity to ask questions to clarify or follow up on the information. / Where necessary for the applicant’s proper understanding, the information shall also be supplied orally, with the support of multimedia equipment. / 2. The Asylum Agency shall, in close cooperation with the responsible national authorities, produce common information material, in clear and plain language, as well as a targeted information to specific target groups and specific information for unaccompanied minors and other vulnerable groups, containing at least the information referred to in Article 11. That common information material shall also include information regarding the application of Regulation (EU) XXX/XXX [Eurodac Regulation] and, in particular, the purpose for which the data of an applicant may be processed within Eurodac. / The common information material referred to in the first subpar…

Removed:Article 11 b (new): Article 11b / Right to legal assistance and representation / An applicant shall, in accordance with Article 14 of Regulation (EU) xxx/xxx [Asylum Procedure Regulation] have the right to consult, in an effective manner, a legal representative, admitted or permitted as such under national law, on matters relating, at all stages, to the determination of the Member State responsible for his or her application.

Removed:Article 12 – paragraph 1: 1. In order to facilitate the process of determining the Member State responsible, the competent authorities of the determining Member State shall conduct a personal interview with the applicant to allow the proper understanding of the specific individual situation of the applicant and the information he or she received in accordance with Article 11.

Removed:Article 12 – paragraph 1 – subparagraph 1 a (new): The determining Member States shall proactively ask question on all aspects of the claim that would allow for the determination of the Member State responsible or aspects that would preclude the transfer of an applicant due to a real risk of serious violations of the applicant’s fundamental rights.

Removed:Article 12 – paragraph 2 – point a: (a) the applicant has absconded, and is not available to the authorities;

Removed:Article 12 – paragraph 2 – point c: (c) after having received the information referred to in Article 11, the applicant has already provided the information relevant to determine the Member State responsible by other means, unless the applicant requests the personal interview. The Member State omitting the interview shall give the applicant the opportunity to present all further information which is relevant to correctly determine the Member State responsible within the period referred to in Article 29(1), unless the applicant requests the personal interview.

Removed:Article 12 – paragraph 3: 3. The personal interview shall take place in a timely manner and, in any event, before any decision on the Member State responsible is taken or a take charge or take back request is made pursuant to Article 29 or Article 31.

Removed:Article 12 – paragraph 4: 4. The personal interview shall be conducted in the applicant’s mother tongue or in a language that the applicant understands and in which he or she is able to communicate. Interviews of unaccompanied minors shall be conducted in a child-friendly manner, by staff who are appropriately trained and qualified under national law, in the presence of the guardian and, where applicable, the minor’s legal advisor. Where necessary, Member States shall have recourse to a qualified interpreter, and where appropriate a cultural mediator, who is able to ensure appropriate communication between the applicant and the person conducting the personal interview. The applicant may request to be interviewed and assisted by staff of the same sex.

Removed:Article 12 – paragraph 4 a (new): 4a. In addition to the presence of the legal advisor and, where applicable, a representative during the interview, the applicant shall have the right to nominate one person of his or her trust to accompany him or her to the interview.

Removed:Article 12 – paragraph 5: 5. The personal interview shall take place under conditions which ensure appropriate confidentiality. It shall be conducted by a qualified person under national law, having received sufficient training to take account of the personal and general circumstances of the applicant. Staff interviewing applicants shall also have acquired general knowledge of problems which could adversely affect the applicant’s ability to be interviewed, such as indicators showing that the person may have been the victim of torture or gender-based violence in the past. Applicants who are identified as being in need of specific procedural guarantees pursuant to Regulation (EU) XXX/XXX [Asylum Procedure Regulation], shall be provided with adequate support in order to create the conditions necessary for effectively presenting all elements allowing for the determination of the Member State responsible.

Removed:Article 12 – paragraph 6: 6. 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 main elements of the summary shall be verified by the applicant, and where relevant, by the guardian or legal representative. The summary may either take the form of a report or a standard form. The Member State shall ensure that the applicant or the legal advisor or other counsellor who is representing the applicant have timely access to the summary, as soon as possible after the interview and in any event before the competent authorities take a decision on the Member State responsible.

Removed:Article 13 – paragraph 1: 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.

Removed:Article 13 – paragraph 2 – subparagraph 1: Member States where unaccompanied minors are present shall ensure that they are represented and assisted by a guardian and legal representative with respect to the procedures provided for in this Regulation. The guardian shall have the resources, qualifications, training, expertise and independence to ensure that the best interests of the minor are taken into consideration during the procedures carried out under this Regulation. The guardian 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 inform the minor accordingly about the procedure. / The guardian shall be appointed as soon as possible, and in any event prior to the collection of biometric data pursuant to Articles 10, 13 and 14a of Regulation (EU) xxx/xxx [Eurodac Regulation].

Removed:Article 13 – paragraph 2 – subparagraph 2: Where an organisation is appointed as a guardian, it shall designate a person responsible for carrying out its duties in respect of the minor. The first subparagraph shall apply to that person.

Removed:Article 13 – paragraph 2 – subparagraph 3: The guardian provided for in the first subparagraph may be the same person or organisation as provided for in Article 22 of Regulation (EU) XXX/XXX [Asylum Procedure Regulation].

Removed:Article 13 – paragraph 3: 3. The guardian of an unaccompanied minor shall be involved in the process of establishing the Member State responsible from the start of, and throughout, the procedure under this Regulation and any other rights of the minor. The guardian shall assist the unaccompanied minor to provide information relevant to the assessment of his or her best interests in accordance with paragraph 4, including the exercise of the right to be heard, 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 to the minor. The guardian shall keep the unaccompanied minor informed about the progress of the procedures under this Regulation, and ensure that the unaccompanied minor have access to information, legal advice and representation.

Removed:Article 13 – paragraph 4 – introductory part: 4. In assessing the best interests of the child, Member States shall closely cooperate and exchange information with each other and shall, in particular, take due account of the following non-exhaustive list of factors and rights of the child:

Removed:Article 13 – paragraph 4 – point a: (a) the right to family life, including family reunification possibilities;

Removed:Article 13 – paragraph 4 – point b: (b) the minor’s well-being and social development in the short, medium and long term, including situations of vulnerabilities such as trauma, specific health needs and 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 care and custodial arrangements and access to health and education services;

Removed:Article 13 – paragraph 4 – point c: (c) safety and security considerations, in particular where there is a risk of the minor being a victim of any form of violence and exploitation, including trafficking in human beings or violence within the family ;

Removed:Article 13 – paragraph 4 – point d: (d) the views of the minor, in accordance with his or her age and maturity, in accordance with his or her right to be heard;

Removed:Article 13 – paragraph 4 – point e: (e) where the applicant is an unaccompanied minor, the information provided by the guardian in the Member State where the unaccompanied minor is present.

Removed:Article 13 – paragraph 4 – point e a (new): (ea) any other reasons relevant to the assessment of the best interest of the child.

Removed:Article 13 – paragraph 5: 5. Before transferring an unaccompanied minor to the Member State responsible or, where applicable, to the Member State of relocation, the transferring Member State shall obtain individual guarantees that the Member State responsible or the Member State of relocation takes the measures referred to in Articles 14 and 23 of Directive XXX/XXX/EU [Reception Conditions Directive] and Article 22 of Regulation (EU) XXX/XXX [Asylum Procedure Regulation] without delay. The individual guarantee shall also include the appointment of a guardian in the Member State of transfer, and a guarantee of a handover to a designated guardian. Any decision to transfer or not to transfer an unaccompanied minor shall be preceded by an individual assessment of his/her best interests. The assessment shall be based on the factors listed in paragraph 4 and the conclusions of the assessment on these factors shall be clearly stated in the transfer decision. The assessment shall be done swiftly by staff with the necessary qualifications and expertise to ensure that the best interests of the minor are taken into consideration.

Removed:Article 13 – paragraph 6 – subparagraph 1: For the purpose of applying Article 15, the Member State where an unaccompanied minor’s application for international protection was registered shall immediately take appropriate action to identify the family members or relatives of the unaccompanied minor on the territory of Member States, whilst protecting the best interests of the child.

Removed:Article 13 – paragraph 6 – subparagraph 2 a (new): In cases where there may be a threat to the life or integrity of the minor or his or her close relatives, in particular if they have remained in the country of origin, care must be taken to ensure that the collection, processing and circulation of information concerning those persons is undertaken on a confidential basis, as to avoid jeopardising their safety.

Removed:Article 13 – paragraph 6 – subparagraph 3: The staff of the competent authorities referred to in Article 41 who deal with requests concerning unaccompanied minors shall have received, and shall continue to receive, appropriate training concerning the specific needs of minors and the identification of vulnerabilities or trauma, and on the right of the child.

Removed:Article 13 – paragraph 7: 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, the Commission shall adopt delegated acts in accordance with Article 68 on:

Removed:Article 13 – paragraph 7 – point a (new): (a) common standards on the identification of family members or relatives;

Removed:Article 13 – paragraph 7 – point b (new): (b) the criteria for establishing family links;

Removed:Article 13 – paragraph 7 – point c (new): (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.

Removed:Article 13 – paragraph 7 – subparagraph 1 a (new): In exercising its powers to adopt delegated acts, the Commission shall not exceed the scope of the best interests of the child as provided for under this Regulation.

Removed:Article 13 – paragraph 7 a (new): 7a. The Commission shall adopt an implementing act in accordance with Article 67(2) for a standard form for the exchange of relevant information between Member States. / That implementing act shall be adopted in accordance with the examination procedure referred to in Article 67(2). / The implementing acts shall promote the ability of the guardian and legal assistance provider to seek assistance in another Member State to gain information about the circumstances of reception and care arrangements in the other Member State or family reunification possibilities. / The implementing act shall also promote and facilitate cooperation between guardians and legal assistance providers between Member States in the event a transfer of an unaccompanied minor is contemplated or implemented, including providing for sharing of information about the child, with the informed consent of the child or his or her guardian.

Removed:Article 14 – paragraph 2 – subparagraph 1 a (new): The Member State with which the applicant has meaningful links, as set out in this Chapter, shall be responsible for examining an application for international protection.

Removed:Article 14 – paragraph 2 a (new): 2a. Articles 20a and 20b shall not apply if the applicant arrived irregularly prior in another Member State.

Removed:Article 15 – title: Minors

Removed:Article 15 – paragraph 1 – subparagraph -1 (new): Where a minor is accompanied by one parent, adult sibling or other adult who holds parental responsibility for the minor, whether by law or by the practice of that Member State and one parent or other adult who holds parental responsibility for the minor, whether by law or by practice of that Member State is legally present in a Member State, the determination of the Member State responsible shall be based on the objective of prioritising the family unit, taking into account the best interest of the minor.

Removed:Article 15 – paragraph 2: 2. The Member State responsible shall be that where a family member of the unaccompanied minor is legally present, if it is in the best interests of the minor. Where the applicant is a married minor whose spouse is not legally present on the territory of the Member States, the Member State responsible shall be the Member State where the father, mother or other adult responsible for the minor, whether by law or by the practice of that Member State, or sibling is legally present.

Removed:Article 15 – paragraph 2 – subparagraph 1 a (new): For the purpose of this Regulation, on the basis of an individual assessment, a minor shall be considered unmarried if his or her marriage would not be in accordance with the relevant national law had it been contracted in the Member State concerned, in particular having regard to the legal age of marriage.

Removed:Article 15 – paragraph 2 – subparagraph 1 b (new): Where the applicant is a married minor whose adult spouse is legally present in the territory of the Member States, the Member State responsible shall be the Member State where the parent or other adult who holds parental responsibility for the minor, whether by law or by practice of that Member State, is legally present, unless the applicant expresses in writing a wish to be reunified with his or her spouse and it is in the best interest of the minor.

Removed:Article 15 – paragraph 3: 3. Where the applicant has a relative who is legally present in another Member State and where it is established, based on 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, provided that it is in the best interests of the minor.

Removed:Article 15 – paragraph 5: 5. In the absence of a family member or a relative as referred to in paragraphs 2 and 3, the Member State responsible shall be that where the minor is present, unless it is demonstrated that this is not in the best interests of the minor.

Removed:Article 15 – paragraph 6: deleted / (deleted) / (deleted) / (deleted) / (deleted)

Removed:Article 15 – paragraph 7: deleted

Removed:Article 16 – title: Family members who legally reside in a Member State

Removed:Article 16 – paragraph 1: Where the applicant has a family member who has been allowed to legally reside in a Member State, that Member State shall be responsible for examining the application for international protection, provided that the persons concerned expressed their desire in writing.

Removed:Article 17 – paragraph 1: Where the applicant has a family member in a Member State whose application for international protection in that Member State has not yet been the subject of a final decision as defined in Article 4(2), point (d), of Regulation (EU) xxx/xxx [Asylum Procedure Regulation], that Member State shall be responsible for examining the application for international protection, provided that the persons concerned expressed their desire in writing.

Removed:Article 18 – paragraph 1 – introductory part: 1. Where several family members submit applications for international protection 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 their being separated, the Member State responsible shall be determined as follows:

Removed:Article 18 – paragraph 1 a (new): 1a. The processing together of the application of a family is without prejudice to the right of an applicant to make an application individually.

Removed:Article 19 – paragraph 4: 4. Where the applicant is in possession of one or more residence documents or one or more visas which expired before the application was registered, paragraphs 1, 2 and 3 shall apply.

Removed:Article 19 a (new): Article 19a / Previous stay / If the applicant has resided legally for at least two years in a Member State with a valid residence permit, that Member State shall be responsible for examining his or her application for international protection.

Removed:Article 20 – paragraph 1: 1. Where the applicant is in possession of a diploma or qualification issued by an education establishment established in a Member State and the application for international protection was registered after the applicant left the territory of the Member States following the completion of his or her studies, the Member State in which that education establishment is established shall be responsible for examining the application for international protection. Online training or other forms of distance learning shall not be considered to be relevant.

Removed:Article 20 a (new): Article 20a / Visa waived entry / If a third-country national or a stateless person enters into 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. That responsibility shall cease if the application is registered more than three years after the date on which the person entered the territory.

Removed:Article 20 b (new): Article 20b / 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 by a third-country national or a stateless person, that Member State shall be responsible for examining the application.

Removed:Article 21 – paragraph 1: 1. Where it is established, on the basis of proof or circumstantial evidence as described in the two lists referred to in Article 30(4) of this Regulation, including the data referred to in Regulation (EU) XXX/XXX [Eurodac Regulation], that an applicant has irregularly crossed the border into a Member State by land, sea or air having come from a third country, the first Member State thus entered shall be responsible for examining the application for international protection. That responsibility shall cease if the application is registered more than twelve months after the date on which that border crossing took place.

Removed:Article 21 – paragraph 2: 2. The rule set out in paragraph 1 shall not apply where the applicant was disembarked on the territory following a search and rescue operation or activity.

Removed:Article 21 – paragraph 3: 3. Paragraph 1 shall not apply if it can be established, on the basis of proof or circumstantial evidence as described in the two lists referred to in Article 30(4) of this Regulation, including the data referred to in Regulation (EU) XXX/XXX [Eurodac Regulation], that the applicant was relocated pursuant to Article 57 of this Regulation to another Member State after having crossed the border. In that case, that other Member State shall be responsible for examining the application for international protection.

Removed:Article 22: deleted / (deleted) / (deleted)

Removed:Article 23: deleted / (deleted) / (deleted)

Removed:Part III – Chapter III – title: DEPENDENT PERSONS, DISCRETIONARY CLAUSES AND LIGHT PROCEDURE

Removed:Article 24 – paragraph 1 – subparagraph 1: Where, on account of pregnancy, having a new-born child, serious illness, severe disability, severe trauma, old age or other relevant psychological or physical vulnerabilities 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 in writing.

Removed:Article 24 – paragraph 1 – subparagraph 2: 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 29.

Removed:Article 24 – paragraph 2: 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 one where the 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 one where the applicant is present. Such Member State shall not be subject to the obligation to bring the child or parent of the applicant to its territory.

Removed:Article 25 – paragraph 1: 1. By way of derogation from Article 8(1), each 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 under the criteria laid down in Chapter II of this Part.

Removed:Article 25 – paragraph 1 – subparagraph 1 a (new): An applicant may request any Member State to apply this paragraph. Such a request shall be made in writing, shall be duly motivated and shall be addressed to the competent authorities of the determining Member State.

Removed:Article 25 – paragraph 1 – subparagraph 1 b (new): Where applicable, the determining Member State shall forward the request to the requested Member State, which shall reply to the request within the time limits set out in Article 30 of this Regulation.

Removed:Article 25 – paragraph 2 – subparagraph 1: The Member State in which an application for international protection is registered and which is carrying out the process of determining the Member State responsible, or the Member State responsible, may, at any time before a first decision regarding the substance is taken, request another Member State to take charge of an applicant in order to bring together any family relations, on humanitarian grounds based in particular on family, cultural considerations, social ties, language skills, or any other meaningful links or to support a Member State under migratory pressure, even where that other Member State is not responsible under the criteria laid down in Articles 15 to 18 and 24. The persons concerned shall express their consent in writing.

Removed:Article 25 – paragraph 2 – subparagraph 3: The requested Member State shall carry out any necessary checks to examine the humanitarian grounds cited, and shall reply to the requesting Member State within two months of receipt of the request using the electronic communication network set up under Article 18 of Regulation (EC) No 1560/2003. A reply refusing the request shall state the reasons on which the refusal is based. Where a reply is not provided within the set time limit, this shall be tantamount to accepting the request.

Removed:Article 25 – paragraph 2 – subparagraph 3 a (new): Where the requested Member State accepts the request, responsibility for examining the application for international protection shall be transferred to it.

Removed:Article 25 a (new): Article 25a / Light procedure for the purpose of family reunification / 1. The Member States shall apply a special procedure in order to ensure a swift family reunification and access to the asylum procedure for applicants where there are sufficient indicators showing that they are likely to have the right to family reunification in accordance with Articles 15, 16, 17 and 24. / A determining Member State that considers that the applicant has shown sufficient indicators for family links in another Member State shall notify that Member State and the applicant and the responsibility shall be transferred to that Member State. / 2. In establishing whether there are sufficient indicators that the applicant has family members and /or relatives in the Member State he or she claims, the determining Member State shall ensure that the applicant understands: / (a) the applicable definition of family members and/or relatives and ensure that the applicant is certain that the alleged family members and/or relatives are not present in another Member State; / (b) that he or she will not be allowed to stay in the Member State where he or she claims to have family members and/or relatives unless such a claim can be verified by that Member State. / 3. If the information provided by the applicant does not give manifest reasons to doubt the presence of family members and/or relatives in the Member State indicated by the applicant, it shall be concluded that there are sufficient indicators that the…

Removed:Part III – Chapter IV – title: OBLIGATIONS OF THE MEMBER STATES

Removed:Article 26 – title: Obligations of the Member States

Removed:Article 26 – paragraph 1 – subparagraph 1 a (new): Member States shall make all necessary practical and legal arrangements to comply with their obligations under this Article.

Removed:Article 27 – paragraph 1 – subparagraph 1: Where a Member State issues a residence document to the applicant, decides to apply Article 25, or does not transfer the person concerned to the Member State responsible within the time limits set out in Article 35, that Member State shall become the Member State responsible and the obligations laid down in Article 26 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 which has been requested to take charge of or take back the applicant, using the electronic communication network set up under Article 18 of Regulation (EC) No 1560/2003.

Removed:Article 27 – paragraph 1 – subparagraph 2: The first subparagraph shall not apply if the person has already been granted international protection by the responsible Member State, provided that the transfer of the person concerned is in accordance with Article 4 of the Charter of Fundamental Rights.

Removed:Article 27 – paragraph 2 – subparagraph 1: The obligations specified in Article 26 shall cease where the Member State responsible can establish, when requested to take charge or take back an applicant or another person as referred to in Article 26 that the person concerned has left the territory of the Member States for at least three months, on either a compulsory or a voluntary basis, unless the person concerned is in possession of a valid residence document or visa issued by the Member State responsible.

Removed:Article 28 – paragraph 1: 1. The Member State where an application for international protection is first registered pursuant to Regulation (EU) XXX/XXX [Asylum Procedure Regulation] shall start the process of determining the Member State responsible without delay.

Removed:Article 28 – paragraph 1 – subparagraph 1 a (new): Where the Member State where an application for international protection is first registered has justified reasons to believe that another Member State is responsible for the examination of an application for international protection, it shall immediately start the process of submitting a take charge or take back request pursuant to Articles 29 and 31.

Removed:Article 28 – paragraph 3 – introductory part: 3. The Member State which has conducted the process of determining the Member State responsible or which has become responsible pursuant to Article 8(4) or Article 58(3) of this Regulation shall indicate in Eurodac without delay pursuant to Article 11(1) of Regulation (EU) XXX/XXX [Eurodac Regulation]:

Removed:Article 28 – paragraph 3 – point d a (new): (da) its responsibility pursuant to Article 58(3).

Removed:Article 28 – paragraph 4 – subparagraph 1: An applicant who is present in another Member State without a residence document or who there makes an application for international protection during the process of determining the Member State responsible, shall be taken back, under the conditions laid down in Articles 31 and 35, by the Member State with which that application was first registered with a view to completing the process of determining the Member State responsible.

Removed:Article 28 – paragraph 4 – subparagraph 2: That obligation shall cease where the Member State determining the Member State responsible can establish that the applicant has obtained a residence document from another Member State, or where a Member States decides to apply Article 25.

Removed:Article 28 – paragraph 5: 5. An applicant who is present in a Member State without a residence document or who there makes an application for international protection after another Member State has confirmed to relocate the person concerned pursuant to Article 57(7), and before the relocation has been carried out to that Member State pursuant to Article 57(9), shall be taken back, under the conditions laid down in Articles 31 and 35, by the Member State of relocation.

Removed:Article 29 – paragraph 1 – subparagraph 1: If the Member State referred to in Article 28(1) where an application for international protection has been registered considers that another Member State is responsible for examining the application, it shall, without delay and in any event within two months of the date on which the application was registered, request that other Member State to take charge of the applicant.

Removed:Article 29 – paragraph 1 – subparagraph 2: deleted

Removed:Article 29 – paragraph 1 – subparagraph 3: Where the request to take charge of an applicant is not made within the periods laid down in the first subparagraph, responsibility for examining the application for international protection shall lie with the Member State where the application was registered.

Removed:Article 29 – paragraph 1 – subparagraph 4: The period referred to in the first subparagraph shall start to run where the applicant is an unaccompanied minor, when a guardian has been appointed or when the best interest of the child assessment pursuant to Article 13(4) has been concluded. The determining Member State shall also, where it considers that it is in the best interest of the minor or the request is based on Article 16, 17 or 24, continue the procedure for determining the Member State responsible and request another Member State to take charge of the applicant despite the expiry of the time limits laid down in the first subparagraph.

Removed:Article 29 – paragraph 2 – subparagraph 2: The request shall state the reasons warranting an urgent reply and the period within which a reply is requested. That period shall be two weeks.

Removed:Article 29 – paragraph 3 – subparagraph 1: The take charge request shall be made using a standard form and include the relevant elements from the applicant’s statement and the proof or circumstantial evidence, or any other documentation or information used to justify the request, enabling the authorities of the requested Member State to check whether it is responsible based on the criteria laid down in this Regulation.

Removed:Article 30 – paragraph 1: 1. The requested Member State shall make the necessary checks, and shall give a decision on the request to take charge of an applicant without delay and in any event within one month of receipt of the request.

Removed:Article 30 – paragraph 2: deleted

Removed:Article 30 – paragraph 3: 3. In the procedure for determining the Member State responsible elements of proof and circumstantial evidence and any other any other documentation or information shall be used.

Removed:Article 30 – paragraph 3 a (new): 3a. Where the requested Member State does not object to the request within the time limits set out in paragraph 1 and 2, this shall be tantamount to accepting the request and entail the obligation to take charge of the applicant, including the obligation to provide for proper arrangement for travel. / The objection referred to in the first subparagraph shall include elements of proof and circumstantial evidence.

Removed:Article 30 – paragraph 4 – point a – point ii: (ii) 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 proofs;

Removed:Article 30 – paragraph 6: 6. The requested Member State shall acknowledge its responsibility if the proof, circumstantial evidence or any other documentation or information is coherent, verifiable and sufficiently detailed to establish responsibility.

Removed:Article 30 – paragraph 7: deleted

Removed:Article 30 – paragraph 8: deleted

Removed:Part III – Chapter V – Section III – title: Procedures for take back requests

Removed:Article 31 – title: Submitting a take back request

Removed:Article 31 – paragraph 1: 1. In a situation referred to in Article 26(1), point (b), (c) or (d) the Member State where the person is present shall make a take back request without delay and in any event within one month after receiving the Eurodac hit.

Removed:Article 31 – paragraph 1 – subparagraph 1 a (new): Where the take back request is not made within the established time limits, the responsibility for examining the application for international protection shall lie with the Member State where the applicant is present.

Removed:Article 31 – paragraph 2: 2. A take back request shall be made using a standard form and shall include proof or circumstantial evidence as described in the two lists referred to in Article 30(4) and/or relevant elements from the statements of the person concerned, enabling the authorities of the requested Member State to check whether it is responsible.

Removed:Article 31 – paragraph 3: 3. The requested Member State shall accept the request to the Member State which made the request within one month, unless the requested Member State can demonstrate within that time limit that it is not responsible pursuant to Article 27.

Removed:Article 31 – paragraph 4: 4. Failure to act within the one month period set out in paragraph 3 shall be tantamount to confirming the receipt of the request.

Removed:Article 31 – paragraph 5: 5. The Commission shall, by means of implementing acts, adopt uniform methods for the preparation and submission of take back requests. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 67(2).

Removed:Article 32 – paragraph 1: 1. The determining Member State whose take charge or take back request was accepted shall take a transfer decision at the latest within one week of the acceptance.

Removed:Article 32 – paragraph 2: 2. Where the requested Member State accepts to take charge of, or take back, an applicant the requesting Member State shall notify the person concerned in writing, in a plain language that he or she understands, within one week of the decision to transfer him or her to the Member State responsible and, where applicable, of the fact that it will not examine his or her application for international protection, the consequences of the decision, including the time limits for carrying out the transfer and the obligation for the applicant set out in Article 9(5).

Removed:Article 32 – paragraph 2 – subparagraph 1 a (new): The notification shall also include, where available, 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.

Removed:Article 32 – paragraph 3: 3. If a legal advisor or other counsellor is representing the person concerned, Member States shall notify the decision to such legal advisor or counsellor instead of to the person concerned and communicate the decision to the person concerned.

Removed:Article 32 – paragraph 4 – subparagraph 1: The decision referred to in paragraph 1 shall also include information on the legal remedies available pursuant to Article 33, including on the right to suspensive effect, and on the time limits applicable for seeking such remedies.

Removed:Article 32 – paragraph 5: 5. Where the person concerned is not assisted or represented by a legal advisor or other counsellor, Member States shall inform him or her of the main elements of the decision, which shall always include information on the legal remedies available, the right to suspensive effect, and the time limits applicable for seeking such remedies, in a language that the person concerned understands.

Removed:Article 33 – paragraph 1 – subparagraph 1: The applicant or another person as referred to in Article 26(1) 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, or a decision to reject a take charge request before a court or tribunal.

Removed:Article 33 – paragraph 1 – subparagraph 2 – introductory part: The remedy against a transfer decision shall entail an ex nunc assessment of at least:

Removed:Article 33 – paragraph 1 – subparagraph 2 – point a: (a) whether the transfer would, for the person concerned, result in a real risk of a violation of a right guaranteed in the Charter of Fundamental Rights;

Removed:Article 33 – paragraph 2: 2. Member States shall provide for a period of one week after the notification of a transfer decision or decision to reject a take charge request within which the person concerned may exercise his or her right to an effective remedy pursuant to paragraph 1. No transfer shall take place before the decision on the appeal or review against a transfer decision is taken (suspensive effect).

Removed:Article 33 – paragraph 3 – subparagraph 1: deleted

Removed:Article 33 – paragraph 3 – subparagraph 2: deleted

Removed:Article 33 – paragraph 3 – subparagraph 3: deleted

Removed:Article 33 – paragraph 3 – subparagraph 4: The court or tribunal shall endeavour to decide on the substance of the appeal or review within one month of the appeal or review.

Removed:Article 33 – paragraph 4: 4. Member States shall ensure that the person concerned has access to legal assistance at all stages of the procedure and, where necessary, to linguistic assistance.

Removed:Article 33 – paragraph 5 – subparagraph 1: Member States shall ensure that legal assistance is granted on request free of charge. 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.

Removed:Article 33 – paragraph 5 – subparagraph 2: deleted

Removed:Article 33 – paragraph 5 – subparagraph 5: Legal assistance shall include at least the preparation of the required procedural documents and representation before a court or tribunal.

Removed:Article 34 – paragraph 1: 1. Member States may hold a person in detention to secure the transfer procedures pursuant to Article 8(3), point (g), of Directive xxx/xxx [Reception Conditions Directive].

Removed:Article 34 – paragraph 2: deleted

Removed:Article 34 – paragraph 2 a (new): 2a. As regards the detention conditions and the guarantees applicable to applicants detained in order to secure the transfer procedures to the Member State responsible, Articles 9, 10 and 11 of Directive XXX/XXX/EU [Reception Conditions Directive] shall apply.

Removed:Article 34 – paragraph 3: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

Removed:Article 34 – paragraph 4: deleted

Removed:Article 34 – paragraph 5: deleted

Removed:Article 34 a (new): Article 34a / Time limits for detained applicants / 1. By way of derogation from Articles 29 and 31, where a person is detained pursuant to Article 34, the period for submitting a take charge or take back request shall not exceed two weeks from the registration of the application for international protection. / 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 request shall not exceed two weeks from the date on which the person was placed in detention. / 2. By way of derogation from Article 30(1), the requested Member State shall reply as soon as possible, and in any event within two weeks of receipt of the request. / 3. By way of derogation from Article 35, where a person is detained, the transfer of that person from the requesting Member State to the Member State responsible shall be carried out as soon as practically possible, and at the latest within eight weeks of: / (a) the date on which the request to take charge or take back was accepted, or / (b) the date on which the decision on appeal or review was taken. / 4. Where the requesting Member State, for reasons beyond its control fails to comply with the time limits for submitting a take charge request or take back request or to take a transfer decision within the time limit laid down in Article 32(1) or where the transfer does not take place within the period of eight weeks referred to in paragraph 3 of this Article, the …

Removed:Article 35 – paragraph 1 – subparagraph 1: The transfer of an applicant or of another person as referred to in Article 26(1), point (b), (c) and (d), from the requesting Member State to the Member State responsible shall be carried out in accordance with the national law of the requesting Member State, after consultation between the Member States concerned, as soon as practically possible, and at the latest within three months of the acceptance of the take charge or take back request by another Member State or of the final decision on an appeal or review of a transfer decision where there is a suspensive effect in accordance with Article 33(3). That time limit may be extended up to a maximum of one year, if the transfer cannot be carried out due to imprisonment of the person concerned or his or her non-compliance with the transfer decision.

Removed:Article 35 – paragraph 1 – subparagraph 2: Where the transfer is carried out for the purpose of relocation, the transfer shall take place within the time limit set out in Article 57(8).

Removed:Article 35 – paragraph 1 – subparagraph 3: 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 with full compliance with fundamental rights and human dignity.

Removed:Article 35 – paragraph 1 – subparagraph 4: If necessary, the applicant shall be supplied by the requesting Member State 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 67(2).

Removed:Article 35 – paragraph 1 – subparagraph 5: The Member State responsible shall inform the requesting 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.

Removed:Article 35 – paragraph 2 – subparagraph 1: Where the transfer does not take place within the time limits set out in paragraph 1, first subparagraph, the Member State responsible shall be relieved of its obligations to take charge of or to take back the person concerned and responsibility shall be transferred to the requesting Member State, unless the Member State responsible is accountable for the failure of the transfer.

Removed:Article 35 – paragraph 2 – subparagraph 2: Notwithstanding the first subparagraph, where the person concerned absconds and the requesting Member State informs the Member State responsible before the expiry of the time limits set out in paragraph 1, first subparagraph, that the person concerned has absconded, the transferring Member State shall retain the right to carry out the transfer within one year from when the requesting Member State informed the Member State responsible, should the person become available to the authorities again, unless another Member State has carried out the procedures in accordance with this Regulation and transferred the person to the responsible Member State after the person absconded.

Removed:Article 35 – paragraph 4: 4. The Commission shall, by means of implementing acts, establish uniform methods for the consultation and exchange of information between Member States, in particular in the event of postponed or delayed transfers, transfers following acceptance by default, transfers of minors or dependent persons, and supervised transfers. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 67(2).

Removed:Article 36 – paragraph 1: 1. In accordance with Article 20 of Regulation (EU) 2021/1147, a contribution shall be paid to the Member State carrying out the transfer for the transfer of an applicant or another person as referred to in Article 26(1), point (b), (c) or (d), pursuant to Article 35.

Removed:Article 37 – paragraph 2 – introductory part: 2. The transferring Member State shall transmit to the Member State responsible any information that is essential in order to safeguard the rights and immediate specific needs of the person to be transferred, and in particular:

Removed:Article 37 – paragraph 2 – point a: (a) any immediate measures which the Member State responsible is required to take in order to ensure that the specific needs of the person to be transferred are adequately addressed, including any immediate health care that may be required and, where necessary, any arrangements needed to uphold the best interest of the child;

Removed:Article 37 – paragraph 2 – point c: (c) in the case of minors, the best interest of the child assessment and information, as set out in Article 13, including on their education;

Removed:Article 37 – paragraph 2 – point d: (d) an assessment of the age of an applicant, where relevant;

Removed:Article 37 – paragraph 2 – point e a (new): (ea) any other relevant information.

Removed:Article 37 – paragraph 4: 4. With a view to facilitating the exchange of information between Member States, the Commission shall, by means of delegated acts, draw up a standard form for the transfer of the data required pursuant to this Article. Those delegated acts shall be adopted in accordance with the examination procedure laid down in Article 68.

Removed:Article 38 – paragraph 1: Where the Member State carrying out a transfer is in possession of information that indicates that there are reasonable grounds to consider the applicant or another person as referred to in Article 26(1), point (b), (c) or (d), a threat to internal security in a Member State, that Member State shall also communicate such information to the Member State responsible.

Removed:Article 39 – paragraph 1 – subparagraph 1: For the sole purpose of the provision of medical care or treatment, in particular concerning vulnerable persons, including disabled persons, elderly people, pregnant women, minors and persons who have been subject to torture, rape or other serious forms of psychological, physical and sexual violence, the transferring Member State shall, in so far as it is available to the competent authority in accordance with national law, transmit to the Member State responsible information on any specific needs of the person to be transferred, which in specific cases may include information on that person’s physical or mental health. That information shall be transferred in a common health certificate with the necessary documents attached. The Member State responsible shall ensure that those special needs are adequately addressed, including in particular any essential medical care that may be required.

Removed:Article 39 – paragraph 1 – subparagraph 2: The Commission shall, by means of implementing acts, draw up the common health and vulnerabilities certificate. Those implementing acts shall be adopted in accordance with the examination procedure laid down in Article 67(2).

Removed:Article 39 – paragraph 2: 2. The transferring Member State shall only transmit the information referred to in paragraph 1 to the Member State responsible after having obtained the explicit consent of the applicant and/or of his or her guardian or when such transmission is necessary to protect public health and 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.

Removed:Article 40 – paragraph 1 – point c a (new): (ca) implementing a return decision.

Removed:Article 40 – paragraph 2 – point f: (f) the place where the application was made;

Removed:Article 40 – paragraph 2 – point g: (g) the date on which any previous application for international protection was made, the date on which the current application was registered, the stage reached in the proceedings and the decision taken, if any.

Removed:Article 40 – paragraph 3: 3. Provided it is necessary for the examination of the application for international protection, the Member State responsible may request another Member State to let it know on what grounds the applicant bases his or her application and, where applicable, the grounds for any decisions taken concerning the applicant. The other Member State may refuse to respond to the request submitted to it, if the communication of such information is likely to harm or the protection of the liberties and fundamental rights of the person concerned or of others. The applicant shall be informed about the specific information requested by the requesting Member State and the reason for the request in advance.

Removed:Article 40 – paragraph 9: 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. The security and confidentiality of that record shall be ensured.

Removed:Article 41 – paragraph 1: 1. Each Member State shall notify the Commission without delay of the specific authorities responsible for fulfilling the obligations arising under this Regulation, and any amendments thereto. The Member States shall ensure that those authorities have the necessary human, material and financial resources for carrying out their tasks and in particular for applying the procedures for determining the Member State responsible for examining an application for international protection in a rapid and efficient manner, safeguarding procedural and fundamental rights, replying within the prescribed time limits to requests for information, requests to take charge or, take back notifications and, if applicable, complying with their obligations under Chapters I-III of Part IV.

Removed:Article 42 – paragraph 3: 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 and relevant Union acquis, including the Charter of Fundamental Rights.

Removed:Article 42 – paragraph 4: 4. If the Commission considers the arrangements referred to in paragraph 1, point (b), to be incompatible with this Regulation and relevant Union acquis, it shall, within a reasonable period, notify the Member States concerned. The Member States shall take all appropriate steps to amend the arrangement concerned within a reasonable time in such a way as to eliminate any incompatibilities observed.

Removed:Article 43 – paragraph 1: The Asylum Agency shall set up and facilitate the activities of a network or networks of the competent authorities referred to in Article 41(1), with a view to enhancing the transfers, practical cooperation and information sharing on all matters related to the full application of this Regulation, including the development of practical tools, best practices and guidance.

Removed:Article 43 – paragraph 1 a (new): 1a. The European Border and Coast Guard Agency and other relevant Union bodies, offices and agencies shall be represented in a network or networks when necessary.

Removed:Article 44: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

Removed:Article 45 – title: Solidarity contributions to a Member State under migratory pressure

Removed:Article 45 – paragraph 1 – introductory part: 1. Solidarity contributions for the benefit of a Member State under migratory pressure, including as a result of recurring arrivals by sea, in particular through disembarkations following search and rescue operations and activities or as a result of the arrival of persons in a vulnerable situation, shall be provided by a contributing Member State and reflect the needs of the benefitting Member State and primarily consist of:

Removed:Article 45 – paragraph 1 – point a: (a) relocation of applicants for international protection;

Removed:Article 45 – paragraph 1 – point b: deleted

Removed:Article 45 – paragraph 1 – point c: (c) relocation of beneficiaries of international protection who have been granted international protection less than three years prior to adoption of an implementing act pursuant to Article 53 and who have requested or consented to such relocation in writing.

Removed:Article 45 – paragraph 1 – point d: deleted

Removed:Article 45 – paragraph 1 a (new): 1a. A contributing Member State may, with the agreement of the benefitting Member State, also decide to examine an application for international protection pursuant to Article 25.

Removed:Article 45 – paragraph 2: deleted / (deleted) / (deleted)

Removed:Article 45 – paragraph 2 a (new): 2a. A contributing Member State may commit to capacity-building measures in the benefitting Member State pursuant to Article 55a(1).

Removed:Article 45 a (new): Article 45a / Voluntary contributions to another Member State / Voluntary contributions for the benefit of another Member State may be provided by a contributing Member State. Such contributions may consist of: / (a) solidarity contributions referred to in Article 45(1); / (b) capacity building measures pursuant to Article 55a (2).

Removed:Article 45 b (new): Article 45b / Annual solidarity pool / 1. The Commission, led by the EU Relocation Coordinator shall each year establish an annual solidarity pool on the basis of the projected annual solidarity needs pursuant to Article 4b. The pool shall consist of: / (a) the total number of required relocation pursuant to Article 45(1), points (a) and (b); / (b) the total number of required relocations allocated for applicants arriving by sea, in particular through disembarkations following search and rescue operations or activities; / (c) the total need for capacity-building measures pursuant to Article 45(2). / Where the Commission adopts an amending delegated act pursuant to Article 4c(5), the pledges in the solidarity pool shall be updated accordingly. / The Commission and the Member States shall at all times prioritise relocation pursuant to Article 45(1), as the primary measure of solidarity. / 2. Within two weeks from the adoption of the delegated act pursuant to Article 4c, the EU Relocation Coordinator shall convene the Solidarity Forum. / Within the same two weeks, the Commission shall invite all contributing Member States, to provide pledges of their anticipated solidarity contributions to meet the identified needs. The pledges shall include the share of each type of contribution. / 3. At least 80 % of pledges in the solidarity pool shall be made up of relocation pursuant to paragraph 1, points (a) and (b), of this Article or the application of the discretionary clause pursuant …

Removed:Article 46 – paragraph 1: 1. A Solidarity Forum shall comprise all Member States, represented at the level of responsibility and decision-making power that is approproiate in order to provide solidarity contributions for the creation of the solidarity pool pursuant to Article 45 a or solidarity response in situations of migratory pressure pursuant to Article 52. / The EU Relocation Coordinator shall, on behalf of the Commission, convene and preside the Solidarity Forum in order to ensure the smooth functioning of the solidarity mechanism and enhance the practical contributions between the Member States pursuant to 45b and Article 52.

Removed:Article 46 – paragraph 1 a (new): 1a. The Solidarity Forum shall meet at least twice a year in order for the Member States to provide their pledges to the creation of the Solidarity Pool pursuant to 45b and as frequently as necessary according to needs as identified in accordance with Article 52.

Removed:Article 46 – paragraph 1 b (new): 1b. The Asylum Agency shall participate in the Solidarity Forum. / The European Border and Coast Guard Agency and the European Union Agency for Fundamental Rights shall, where appropriate and where invited by the EU Relocation Coordinator, participate in the Solidarity Forum.

Removed:Article 47: deleted

Removed:Article 48: deleted

Removed:Article 49: deleted

Removed:Article 49 a (new): Article 49a / Notification of migratory pressure / 1. A Member State that has been identified in the delegated act referred to in Article 4c as a Member State that could face a situation of migratory pressure shall, when it considers itself to be under the migratory pressure as provided for in the delegated act, notify the Commission. / 2. Following that notification, a solidarity response shall be provided in accordance with Article 52. Where necessary and where applicable, the Commission shall have recourse to Article 53.

Removed:Article 50 – paragraph -1 (new): -1. A Member State that has not been identified in the delegated act referred to in Article 4c shall, when it considers itself to be under migratory pressure, immediately request the Commission to assess whether it is under migratory pressure. / A Member State that has been identified in the delegated act referred to in Article 4c may also request such an assessment when faced with a situation of migratory pressure not provided for in that delegated act.

Removed:Article 50 – paragraph 1 – introductory part: 1. The Commission shall, within one week of the request, initiate an assessment of whether the Member State that made the request is under migratory pressure.

Removed:Article 50 – paragraph 1 – subparagraph 1 a (new): The Commission shall also assess the migratory situation in a Member State where:

Removed:Article 50 – paragraph 1 – point a: deleted

Removed:Article 50 – paragraph 1 – point b: (b) it considers, based on available information, that a Member State could be under migratory pressure;

Removed:Article 50 – paragraph 1 – point b a (new): (ba) the European Parliament or the Council request the Commission to carry out such an assessment.

Removed:Article 50 – paragraph 2: 2. The Asylum Agency, the European Border and Coast Guard Agency and the European Union Agency for Fundamental Rights, shall assist the Commission in drawing up the assessment of migratory pressure, in cooperation with the Member State concerned. The Commission shall immediately inform the European Parliament, the Council and the Member States, that it is undertaking an assessment.

Removed:Article 50 – paragraph 3 – introductory part: 3. The assessment of migratory pressure shall be based on the situation in the Member State concerned during the preceding twelve months, compared to the overall situation in the Union, and shall be based on the information referred to in Article 4b(1), second subparagraph, including the information gathered through the monitoring conducted by the Asylum Agency.

Removed:Article 50 – paragraph 3 – point a: deleted

Removed:Article 50 – paragraph 3 – point b: deleted / (deleted)

Removed:Article 50 – paragraph 3 – point c: deleted

Removed:Article 50 – paragraph 3 – point d: deleted

Removed:Article 50 – paragraph 3 – point e: deleted

Removed:Article 50 – paragraph 3 – point f: deleted

Removed:Article 50 – paragraph 3 – point g: deleted

Removed:Article 50 – paragraph 3 – point h: deleted

Removed:Article 50 – paragraph 3 – point i: deleted

Removed:Article 50 – paragraph 3 – point j: deleted

Removed:Article 50 – paragraph 3 – point k: deleted

Removed:Article 50 – paragraph 4 – point a: deleted

Removed:Article 50 – paragraph 4 – point b: deleted

Removed:Article 50 – paragraph 4 – point c: deleted

Removed:Article 50 – paragraph 4 – point d: (d) the relevant Recommendations provided for in Article 15 of Regulation (EU) 2022/922, Article 13, 14 and 22 of Regulation (EU) 2021/2303 and Article 32(7) of Regulation (EU) 2019/1896; / (deleted)

Removed:Article 50 – paragraph 4 – point f: deleted

Removed:Article 50 – paragraph 4 – point g: deleted

Removed:Article 50 – paragraph 4 – point h: deleted

Removed:Article 50 – paragraph 4 – point i: deleted

Removed:Article 50 – paragraph 4 – point j: deleted

Removed:Article 50 – paragraph 4 a (new): 4a. Where during the assessment of migratory pressure in accordance with this Article, the Commission considers that the situation may be a situation of crisis pursuant to Article X of Regulation (EU) xxx/xxx [Crisis Regulation], and the Member State concerned agrees, the Commission shall also assess whether the Member State concerned is in a situation of crisis instead of under migratory pressure.

Removed:Article 51 – title: Delegated act to determine migratory pressure

Removed:Article 51 – paragraph 1 – subparagraph 2: deleted

Removed:Article 51 – paragraph 2: deleted

Removed:Article 51 – paragraph 2 a (new): 2a. The Commission shall, within two weeks after it informed the European Parliament, the Council and the Member States pursuant to Article 50(2) that it was carrying out an assessment, adopt a delegated act determining whether the Member State concerned is under migratory pressure.

Removed:Article 51 – paragraph 3 – introductory part: 3. Where the Commission concludes that the Member State concerned is under migratory pressure, the delegated act shall identify:

Removed:Article 51 – paragraph 3 – point a: (a) the capacity of the Member State under migratory pressure in the field of migration management, in particular asylum, reception and return as well as its overall needs in managing its asylum and return caseload;

Removed:Article 51 – paragraph 3 – point a a (new): (aa) measures that the Member State has taken to enhance its asylum, reception and migration system;

Removed:Article 51 – paragraph 3 – point b – point i: (i) measures that the Member State under migratory pressure shall take in the field of migration management, and in particular to enhance its asylum, reception and migration system;

Removed:Article 51 – paragraph 3 – point b – point ii: (ii) measures referred to in Article 45(1) to be taken by other Member States;

Removed:Article 51 – paragraph 3 – point b – point iii: (iii) measures referred to in Article 45(2).

Removed:Article 51 – paragraph 4: deleted

Removed:Article 51 – paragraph 4 a (new): 4a. The delegated act shall identify the capacity of the solidarity pool and the distribution of solidarity contributions among the contributing Member States in accordance with the implementing act referred to in Article 46.

Removed:Article 51 – paragraph 4 b (new): 4b. The delegated act shall set out the time frame for the implementation of solidarity contributions pursuant to Article 45(1), taking into account the need for urgent actions for the Member State concerned.

Removed:Article 51 – paragraph 4 c (new): 4c. Where, in a case of migratory pressure, imperative grounds of urgency so require, the procedure provided for in Article 68a shall apply to delegated acts adopted pursuant to this Article.

Removed:Article 52 – title: Solidarity Response in situations of migratory pressure

Removed:Article 52 – paragraph 1: deleted

Removed:Article 52 – paragraph 1 a (new): 1a. The EU Relocation Coordinator shall, without delay, and no later than within two weeks following a notification pursuant to Article 49a or the adoption of a delegated act pursuant to Article 51 coordinate the relocation.

Removed:Article 52 – paragraph 2: deleted

Removed:Article 52 – paragraph 2 a (new): 2a. Where the Commission has adopted a delegated act pursuant to Article 51, the EU Relocation Coordinator shall convene the Solidarity Forum, where the capacity of the solidarity pool referred to in 45b falls short of the identified needs. The Solidarity Forum shall take place no later than one week after the adoption of the delegated act. / Where the Commission has received a notification pursuant to Article 49a and the capacity of the solidarity pool referred to in 45b is no longer able to meet the identified needs, the EU Relocation Coordinator shall convene the Solidarity Forum no later than one week after receipt of that notification. / The Commission shall consider measures at its disposal to encourage increased pledges by the contributing Member States.

Removed:Article 52 – paragraph 3 – subparagraph 1: deleted

Removed:Article 52 – paragraph 3 – subparagraph 2: deleted

Removed:Article 52 – paragraph 3 – subparagraph 3: deleted

Removed:Article 52 – paragraph 3 a (new): 3a. The Member States which are not themselves benefitting Member States shall at the Solidarity Forum provide additional pledges by completing the Solidarity Response Plan form in Annex II setting out the solidarity contributions referred to in Article 45. Member States shall prioritise the relocation of vulnerable persons, and in particular of unaccompanied minors. / Where Member States propose more than one type of contribution set out in Article 45 they shall indicate the share of each, including the detailed arrangements for its implementation, within the timeframe set out in Article 51(5).

Removed:Article 52 – paragraph 3 b (new): 3b. A benefitting Member State may request the contributing Member States to take responsibility for applications for international protection for which the benefitting Member State has been determined as responsible pursuant to Articles 19-23. Where contributing Member States agree, pursuant to Article 25 of this Regulation, to take responsibility for applications of international protection for which the benefitting Member State has been determined as responsible, they shall indicate their responsibility pursuant to Article x of Regulation (EU) xxx/xxx [Eurodac Regulation]. / The first subparagraph shall not apply where the applicant is an unaccompanied minor and Article 15 applies.

Removed:Article 52 – paragraph 4: 4. Where the solidarity contributions indicated in the Solidarity Response Plans correspond to the needs identified in the delegated act provided for in Article 51, or the needs identified in the notification received pursuant to Article 49a, the Commission shall, no later than within one week from the adoption of that delegated act or receipt of that notification, adopt an implementing act setting out the solidarity contributions from the Contributing Member States.

Removed:Article 52 – paragraph 5: deleted

Removed:Article 52 a (new): Article 52a / Postponement of transfer procedures / 1. A benefitting Member State may, at any time when under migratory pressure, notify to the Commission and the other Member States of the temporary postponement of the transfer of applicants for a maximum period of nine months where it is responsible for the examination of their applications pursuant to Article 23. Transferring Member States shall not carry out transfers to the benefitting Member State during that established period, which shall in any case not be longer than the remaining part of the year. The time limits laid down in Article 35(1) shall start on the dates the postponement period ends. / 2. This temporary postponement is without prejudice to the possibility for the transferring Member States to assume responsibility, pursuant to Article 25 at any time for the applications in respect of which the transfer was pending. / 3. Applicants whose transfer is postponed in accordance with paragraph 1 shall benefit from the reception conditions, in accordance with Article 17a of Directive (EU) XXX/XXX [Reception Conditions Directive] and 9(4), point (a), of this Regulation.

Removed:Article 53 – paragraph 1: deleted

Removed:Article 53 – paragraph 1 a (new): 1a. Where the Commission considers that the solidarity contributions as referred to in Article 52(2) do not correspond to the needs identified in the delegated act to determine migratory pressure provided for in Article 51, or in the notification made pursuant to Article 49a, it shall set out the solidarity contributions of the contributing Member States as submitted by them and the distribution of solidarity contributions in accordance with the reference key for the remaining needs in an implementing act.

Removed:Article 53 – paragraph 2: deleted / (deleted) / (deleted) / (deleted)

Removed:Article 53 – paragraph 2 a (new): 2a. The implementing act shall be adopted in accordance with the advisory procedure referred to in Article 67(1a) no later than within two weeks from the submission of the notification pursuant to Article 49 or the delegated act referred to in Article 51 to the Member State concerned, the European Parliament and the Council.

Removed:Article 53 – paragraph 3 – subparagraph 1 – point a: (a) the total number of persons to be relocated from the requesting Member State pursuant to Article 45(1) and the share of each contributing Member State;

Removed:Article 53 – paragraph 3 – subparagraph 1 – point a a (new): (aa) capacity building measures in accordance with Article 55a(1) and the timeframe for its implementation.

Removed:Article 53 – paragraph 3 – subparagraph 1 – point b: deleted

Removed:Article 53 – paragraph 3 – subparagraph 1 – point c: deleted

Removed:Article 53 – paragraph 3 – subparagraph 1 – point d: deleted

Removed:Article 53 – paragraph 3 – subparagraph 2: deleted

Removed:Article 53 – paragraph 3 – subparagraph 2 a (new): The distribution referred to in the first subparagraph, point (a), of this paragraph shall be adjusted accordingly if a Member State has the right to a deduction of its share pursuant to Article 54(2).

Removed:Article 53 – paragraph 4: deleted

Removed:Article 53 – paragraph 5 – subparagraph 2: Those acts shall apply for a period not exceeding 1 year.

Removed:Article 53 – paragraph 6: 6. The Commission shall report on the application of the implementing act one month after it ceases to apply. The report shall contain an analysis of the effectiveness of the measures undertaken.

Removed:Article 54 – title: Reference key

Removed:Article 54 – paragraph 1 – introductory part: 1. The share of solidarity contributions referred to in Article 45(1) shall be based on the following criteria for each Member State, according to the latest available Eurostat data:

Removed:Article 54 – paragraph 1 a (new): 1a. A Member State proposing solidarity contributions set out in Article 45(1), may request a deduction of 10 % of its share calculated according to the reference key where it indicates in the Solidarity Response Plans that over the preceding ten years it has examined twice the Union average per capita of applications for international protection.

Removed:Article 55: deleted

Removed:Article 55 a (new): Article 55a / Capacity-building measures / 1. A Member State may commit to support another Member State by providing capacity-building measures in the field of asylum, reception and pre-departure reintegration and operational support pursuant to Article 45(2). / Such measures shall be identified in the delegated act adopted on migratory pressure pursuant to Article 4c and 51 and address the specific needs of the benefitting Member State. / 2. A Member State may commit to support another Member State at risk of migratory pressure by providing capacity-building measures in the field of asylum, reception, return and reintegration and operational support, including through cooperation with third countries. / Such measures shall be identified by the Commission and the benefitting Member State in their national strategies pursuant to Article 5. / 3. Capacity-building measures in third countries shall be limited to measures which: / (a) enhance the capacity of asylum and reception in third countries, by strengthening, human and institutional expertise and capacity; / (b) promoting legal migration and well-managed mobility; / (c) reducing the vulnerabilities caused by human trafficking and smuggling and address the drivers of irregular migration and forced displacement; / (d) strengthening bilateral, regional and international partnerships on migration, forced displacement, legal pathways and mobility partnerships; / (e) supporting effective and human rights based migration policies;…

Removed:Article 56: deleted / (deleted) / (deleted) / (deleted) / (deleted)

Removed:Article 56 a (new): Article 56a / Support from Union bodies, offices and agencies / 1. The Union bodies, offices and agencies acting in the field of asylum, border and migration management shall, 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 Regulation. / For the purpose of the first subparagraph, the relevant Union bodies, offices and agencies may provide competent authorities in the Member States with analyses, expertise and operational support. / 2. Where requested by a Member State, a Union body, office or agency shall provide it with support. The Commission or a Union body, office or agency may, on its own initiative, propose to provide a specific Member State with support. / Where the Commission or a Union body, office or agency proposes support to a Member State, that Member State shall take due account of the proposal. The Member State concerned may accept, amend or reject the proposal.

Removed:Article 57 – paragraph 1 – introductory part: 1. The procedure set out in this Article shall apply for the relocation of persons referred to in Article 45(1) and in Article 45a, point (a).

Removed:Article 57 – paragraph 1 – point a: deleted

Removed:Article 57 – paragraph 1 – point b: deleted

Removed:Article 57 – paragraph 1 – subparagraph 1 a (new): The identification of persons who could be relocated shall be made by the benefitting Member State, in close cooperation the EU Relocation Coordinator, the contributing Member State and the Asylum Agency.

Removed:Article 57 – paragraph 2: deleted

Removed:Article 57 – paragraph 2 a (new): 2a. For the purpose of paragraph 1, the benefitting and contributing Member States shall make use of the pre-screening criteria adopted by the Asylum Agency. The applicant shall be fully informed and consulted in the procedure of determination of the meaningful links and shall have the right to present relevant information and documentation to determine links to a specific Member State. / 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. / Applicants who do not have links to any other country shall be fairly shared among the remaining participating Member States. Where applicable, the wish of the applicant to be relocated to a specific country shall be considered.

Removed:Article 57 – paragraph 3: deleted / (deleted) / (deleted)

Removed:Article 57 – paragraph 3 a (new): 3a. The EU Relocation Coordinator should support the relocation activities from the benefitting Member State to the contributing Member State.

Removed:Article 57 – paragraph 4: deleted

Removed:Article 57 – paragraph 5: 5. The benefitting Member State shall notify and transmit to the contributing Member State as quickly as possible the relevant information and documents on the person referred to in paragraph 1.

Removed:Article 57 – paragraph 6: 6. The contributing Member State shall confirm within 72 hours that it will relocate the person concerned.

Removed:Article 57 – paragraph 6 – subparagraph 1 a (new): A contributing Member State may verify that there are no reasonable grounds to consider the person concerned an individual and specific threat to its internal security where: / (a) a security check in accordance with Article X of Regulation (EU) xxx/xxx has provided a hit related to internal security; / (b) a security check has not previously been carried out in accordance with Regulation (EU) xxx/xxx [Screening Regulation]. / Where the checks confirm that there are reasonable grounds to consider the person concerned an individual and specific threat to internal security, the contributing Member State shall inform within 72 hours the benefitting Member State that relocation of that person shall not take place. / Failure to act within the 72 hours shall be considered as confirming the notification and entail the obligation to relocate the person.

Removed:Article 57 – paragraph 7: deleted / (deleted) / (deleted) / (deleted)

Removed:Article 57 – paragraph 8: 8. The benefitting Member State shall take a relocation decision at the latest within one week of the confirmation by the Member State of relocation. It shall notify the person concerned in writing without delay of the decision to transfer him or her to that Member State, and at the latest 48 hours before the relocation in case of applicants and 1 week before the relocation in case of beneficiaries.

Removed:Article 57 – paragraph 8 – subparagraph 1 a (new): Where the person to be relocated is an applicant, he or she shall comply with the relocation decision.

Removed:Article 57 – paragraph 9: 9. The relocation of the person concerned from the benefitting Member State to the contributing Member State 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 at the latest within 4 weeks of the confirmation by the contributing Member State or of the final decision on an appeal or review of a transfer decision where there is a suspensive effect in accordance with Article 33(3).

Removed:Article 57 – paragraph 11: 11. The Commission shall, by means of implementing acts, adopt uniform conditions for the preparation and submission of information and documents for the purpose of relocation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 67(2). In the preparation of those implementing acts, the Commission shall consult the Asylum Agency and the EU Relocation Coordinator.

Removed:Article 58 – paragraph 1: 1. The contributing Member State shall inform the benefitting Member State, Asylum Agency and the EU Relocation 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.

Removed:Article 58 – paragraph 2 – subparagraph 1: The contributing Member State shall not apply the procedures set out in Part III after relocating an applicant or beneficiary for international protection.

Removed:Article 58 – paragraph 2 – subparagraph 2: deleted

Removed:Article 58 – paragraph 3 – subparagraph 1: Where the benefitting Member State of relocation has relocated an applicant for whom the benefitting Member State had previously been determined as responsible on other grounds than the criteria referred to in Article 57(3) third subparagraph, the responsibility for examining the application for international protection shall be transferred to the contributing Member State of relocation.

Removed:Article 58 – paragraph 4: 4. Where the benefitting Member State has relocated a beneficiary for international protection, the contributing Member State shall automatically grant international protection status respecting the respective status granted by the benefitting Member State.

Removed:Article 58 – paragraph 5: deleted

Removed:Article 58 a (new): Article 58a / EU Relocation Coordinator / 1. With a view to supporting the implementation of the relocation mechanism established under this Regulation, the Commission shall appoint an EU Relocation Coordinator, who will coordinate the relocation activities from the benefitting Member State to the contributing Member State, in accordance with the implementing acts set out in 45b , Article 52 or Article 53. / 2. The EU Relocation Coordinator shall: / (a) coordinate and support the communication between the Member States involved; / (b) keep an overview of the persons eligible for relocation and follow up on the ongoing relocation, and on the contributions of the Member States involved; / (c) organise, at regular intervals, meetings between the authorities of the Member States to establish the needs, including at an operational level, in order to facilitate the best interaction and cooperation among Member States, in the interest of the persons eligible for relocation and the efficiency of the relocation mechanism; / (d) promote best practices in the field of relocation; / (e) encourage Member States to take into consideration the capacities and willingness of regional and local authorities to take part in relocation efforts; / (f) convene and chair the Solidarity Forum referred to in Article 47. / 3. For the purpose of paragraph 2, the EU Relocation Coordinator shall be assisted by an Office and provided with the necessary financial and human resources to effectively carry out…

Removed:Article 59 – paragraph 1: Member States shall keep the Commission, Asylum Agency and the EU Relocation Coordinator informed on the implementation of solidarity measures taken on a bilateral level including measures of cooperation with a third country.

Removed:Article 60 – paragraph 1: Upon request, the Commission shall coordinate the operational aspects of the measures offered by the contributing Member States, including any assistance by experts or teams deployed by the Asylum Agency, or the European Border and Coast Guard Agency or any other Union office, body or agency.

Removed:Article 61 – paragraph 1: In accordance with the principle of solidarity and fair sharing of responsibility, Member States shall receive appropriate and proportionate funding support from the Union budget to apply this Regulation. / Funding support following relocation pursuant to Chapters I and II of Part IV shall be implemented in accordance with Article 20 of Regulation (EU) 2021/1147.

Removed:Article 62 – paragraph 1: 1. Without prejudice to Section 2 of Chapter IV of Regulation (EU) 2016/679, Member States shall implement appropriate technical and organisational measures to ensure the security of personal data processed under this Regulation and in particular to prevent unlawful or unauthorised access or disclosure, alteration or loss of personal data processed.

Removed:Article 62 – paragraph 2: 2. Without prejudice to Section 2 of Chapter IV of Regulation (EU) 2016/679, the competent supervisory authority or authorities of each Member State shall monitor and enforce the lawfulness of the processing of personal data by the authorities referred to in Article 41 of the Member State in question.

Removed:Article 62 – paragraph 2 a (new): 2a. The common and secure electronic transmission and communication system referred to in Article 40 shall fully comply with this Article.

Removed:Article 62 – paragraph 3: 3. The processing of personal data by the Asylum Agency shall be subject to Regulation (EU) 2018/1725 of the European Parliament and of the Council1a, in particular as regards the supervision by the European Data Protection Supervisor. / 1a Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 29).

Removed:Article 63 – paragraph 1: Without prejudice to Section 2 of Chapter IV of Regulation (EU) 2016/679, Member States shall ensure that the authorities referred to in Article 41 are bound by the confidentiality rules provided for in national law, in relation to any information they obtain in the course of their work.

Removed:Article 67 – paragraph 1 a (new): 1a. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.

Removed:Article 68 a (new): Article 68a / Urgency procedure / 1. Delegated acts adopted under this Article shall enter into force without delay and shall apply as long as no objection is expressed in accordance with paragraph 2. The notification of a delegated act to the European Parliament and to the Council shall state the reasons for the use of the urgency procedure. / 2. Either the European Parliament or the Council may object to a delegated act in accordance with the procedure referred to in Article 68(6). In such a case, the Commission shall repeal the act immediately following the notification of the decision to object by the European Parliament or by the Council.

Removed:Article 69 – paragraph 1: By [18 months after entry into force] and from then on every two years, the Commission shall review the functioning of the measures set out in Chapters I-III of Part IV of this Regulation and report on the implementation of the measures set out in this Regulation. The report shall be communicated to the European Parliament and the Council.

Removed:Article 69 – paragraph 2: deleted

Removed:Article 69 – paragraph 3: No sooner than [three] years after the date of application of this Regulation, and every five years thereafter, the Commission shall carry out an evaluation of this Regulation. The Commission shall present a Report on the main findings to the European Parliament, the Council and the European Economic and Social Committee. Member States shall provide the Commission all information necessary for the preparation of that report, at the latest six months before the above mentioned time limit expires.

Removed:18.5.2022