(Utkast) Kommisjonens gjennomføringsforordning (EU) …/… om fastsettelse av regler for anvendelse av Europaparlaments- og rådsforordning (EU) 2024/1351, med hensyn til asyl- og migrasjonshåndtering og oppheving av kommisjonsforordning (EF) nr. 1560/2003
Asyl- og migrasjonshåndtering: gjennomføringsbestemmelser
Utkast til kommisjonsforordning godkjent av komite (representanter for medlemslandene) og publisert i EUs komitologiregister 15.7.2025
Bakgrunn
(fra kommisjonsforordningen)
(1) A number of uniform methods need to be established for the effective application of Regulation (EU) 2024/1351. Those methods have to be clearly defined so as to facilitate the cooperation and swift exchange of information between the competent authorities of the Member States as regards the preparation and submission of information or documents concerning take charge requests, take back notifications, transmission of information for the purposes of relocation, requests for information and for consultation and exchange of information for the purposes of transfers. The uniform methods should cover all phases of those procedures.
(2) Technical adaptations are necessary in order to respond to the evolution of the standards applicable and the practical arrangements for using the secure electronic communication channels set up by Commission Regulation (EC) No 1560/2003 (DubliNet) to facilitate the implementation of Regulation (EU) 2024/1351.
(3) In order to allow for the effective operational management of DubliNet, the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA) should take into account the state-of-theart technology when developing and updating the standard forms to be used for the exchange of information between the Member States.
(4) In order to ensure swift access to the asylum procedure and the good cooperation between national authorities, the swift exchange of all necessary information concerning the procedures for take charge should take place within short deadlines to allow a quick determination of the Member State responsible, while ensuring a proper consideration of the complexity and sensitivity of each case, in particular those concerning minors and dependent persons, as well as the possible reactions of the Member States concerned.
(5) In order to ensure that family unity is effectively maintained and the swift processing of family cases, including their prioritisation, take charge requests, take back notifications, submission of information on relocation and transfer concerning family members should be submitted in the same standard form. This should not affect the obligation of the Member States to properly assess each individual case, in particular by taking into account the best interests of the child or relevant circumstances related to the individual situation of the family member concerned.
(6) In order to ensure swift access to the asylum procedure, the efficiency of the procedures established in Regulation (EU) 2024/1351 and the good cooperation between the competent authorities of the Member States, the exchange of information concerning the procedures for take back should take place within short deadlines, while ensuring a proper consideration of each case, as well as the possible reactions of the Member States concerned. The uniform methods should also allow a smooth transition between the procedure concerning take back requests under Regulation (EU) 604/2013 of the European Parliament and of the Council to the new procedure concerning take back notifications established by Regulation (EU) 2024/1351.
(7) Regulation (EU) 2024/1351 established relocation as a type of solidarity measure. Uniform methods for the preparation and submission of information and documents for the purpose of relocation should be therefore established.
(8) With the aim of ensuring the quick implementation of relocations, the exchange of the relevant information and documents should take place within short deadlines, while ensuring the proper consideration of each case.
(9) In order to facilitate the cooperation between the Member States and support the compliance with their obligations within the short deadlines provided for in Article 67 of Regulation (EU) 2024/1351, Member States concerned should exchange adequate and relevant information, limited to what is necessary, about the person subject to relocation, in particular on the nature and scope of the checks performed to verify that the person concerned does not pose a threat to the internal security. Given the importance of preventing threats to internal security, it is necessary to ensure swift update of the information transmitted where new facts and circumstances or information become available at a later stage and could indicate any change concerning the assessment of the threat to the internal security.
(10) In order to ensure the operation of the financial contributions, considering the Member States’s mandatory fair share calculated pursuant to Article 66 of Regulation (EU) 2024/1351, it is necessary to establish methods for the calculation of the financial contributions, including any relevant amounts and deductions affecting their value, and for the exchange of information needed for the calculation and allocation of these amounts to the benefitting Member States.
(11) To ensure the swift access to the asylum procedure, the efficiency of the procedures established in Regulation (EU) 2024/1351 and the good cooperation between the competent authorities of the Member States, it is necessary that Member States inform other Member States and the European Union Agency for Asylum of the locations where transfers may take place as well as of the authorities before which the persons concerned are to appear upon arrival, including of the locations to which transfers are to be carried out and the authorities competent to receive transfers in cases in which the receiving Member State remains inactive. When determining these locations, due account should be taken of the geographical constraints and modes of transport available towards the transferring Member States.
(12) With a view to facilitating the identification and entry of the persons to be transferred upon their arrival to the Member State responsible, in particular in case of voluntary transfers and supervised transfers in situations in which the person to be transferred will not be received by the authorities of the receiving Member State at the point of disembarkation upon arrival as well as when the person concerned is not in a possession of a travel document, the design of the laissez-passer should be established.
(13) The information needed and the time required for the preparation of the arrival of the person to be transferred by the receiving Member States depend on whether the transfer is carried out on a voluntary basis, by supervised departure or under escort. Taking into consideration the differences between the three types of transfers, and with a view of ensuring the efficient exchange of information between Member States and the swift implementation of transfer decisions, it is necessary to lay down uniform methods for the consultation and exchange of information for each type of transfer, in particular concerning the time limits, covering also situations where a Member State remains inactive.
(14) The deadlines for submitting the standard form for transfers should allow sufficient time for the receiving Member State to receive persons with special needs, unaccompanied minors and persons under escorted transfers who pose a threat to internal security.
(15) Where the receiving Member State fails to confirm the reception of the transfer standard form or, where applicable, its availability to receive the transfer, or to propose alternative locations or times for the transfer, the transfer should be implemented to the airports to which transfers are to be carried out in cases in which the receiving Member State remains inactive. The transferring Member State should be able to choose to use this airport also in cases where the alternatives proposed by the receiving Member State are objectively not suitable.
(16) The common information material referred to in Regulation (EU) 2024/1351, which is prepared by the European Union Agency for Asylum, should include information regarding the application of Regulation (EU) 2024/1358.
(17) This Regulation needs to properly reflect the interaction between the procedures laid down in Regulation (EU) 2024/1351 and the application of Regulation (EU) 2024/1358.
(18) Regulation (EU) 2016/679 of the European Parliament and of the Council is to apply to processing carried out pursuant to this Regulation.
(19) In accordance with Article 4 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Ireland has notified, by letter of 14 May 2024, its wish to accept and be bound by Regulation (EU) 2024/1351. Commission Decision (EU) 2024/2088 confirmed such participation. Ireland is therefore taking part in the adoption of this Regulation.
(20) In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the Treaty on the European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Regulation and is not bound by it or subject to its application. Given that chapters I, II, III, V and VII of this Regulation constitute implementing measures referred to in Article 4 of the Agreement between the European Community and the Kingdom of Denmark on the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in Denmark or any other Member State and ‘Eurodac’ for the comparison of fingerprints for the effective application of the Dublin Convention, Denmark shall notify the Commission of its decision whether or not to implement the content of the implementing measures. Notification shall be given upon receipt of the implementing measures or within 30 days thereafter.
(21) As regards Iceland and Norway, Chapters I, II, III, V and VII of this Regulation constitute new measures in a field that is covered by the subject matter of the Annex to the Agreement between the European Community and the Republic of Iceland and the Kingdom of Norway concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Iceland or Norway.
(22) As regards Switzerland, Chapters I, II, III, V and VII of this Regulation constitute measures amending or building upon the provisions of Article 1 of the Agreement between the European Community and the Swiss Confederation concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Switzerland.
(23) As regards Liechtenstein, Chapters I, II, III, V and VII of this Regulation constitute measures amending or building upon the provisions of Article 1 of the Agreement between the European Community and the Swiss Confederation concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Switzerland to which Article 3 of the Protocol between the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Community and the Swiss Confederation concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Switzerland refers.
(24) Under Regulation (EU) 2024/1351, Regulation (EU) No 1560/2003 is to remain in force unless and until it is amended by implementing acts adopted pursuant to Regulation (EU) 2024/1351. In the interest of legal certainty, Regulation (EC) No 1560/2003 should be repealed.
(25) The measures provided for in this Regulation are in accordance with the opinion of the Asylum and Migration Management Committee set up by Article 77 of Regulation (EU) 2024/1351,