BAKGRUNN (fra europaparlaments- og rådsforordningen)

(1) The Union, in constituting an area of freedom, security and justice, should ensure the absence of internal border controls for persons and frame a common policy on asylum, immigration and management of the external borders of Member States, based on solidarity and fair sharing of responsibility between Member States, which is fair towards third-country nationals and stateless persons and in compliance with international and Union law, including fundamental rights.

(2) In order to reinforce mutual trust between Member States, it is necessary to have a comprehensive approach to asylum and migration management which brings together internal and external components. The effectiveness of such an approach depends on all components being addressed jointly and implemented consistently and in an integrated manner.

(3) This Regulation should contribute to such comprehensive approach by setting out a common framework for the actions of the Union and of the Member States, each within their respective competences, in the field of asylum and relevant migration management policies, by upholding and elaborating on the principle of solidarity and fair sharing of responsibility, including the financial implications of that principle, between the Member States, which governs the policies in the area of asylum and migration in accordance with Article 80 of the Treaty on the Functioning of the European Union (TFEU). The principle of solidarity and fair sharing of responsibility should be the premise on the basis of which the Member States collectively share the responsibility to manage migration, in particular in the area governed by the Common European Asylum System.

(4) Member States should take all necessary measures, inter alia, to provide access to international protection and adequate reception conditions to those in need, to promote legal pathways, to enable the effective application of the rules on determining the Member State responsible for examining an application for international protection, to effectively manage the return of third-country nationals who do not or no longer fulfil the conditions for residence in the territory of the Member States, to prevent the irregular migration and unauthorised movements of third-country nationals and stateless persons between Member States, to combat migrant smuggling and trafficking in human beings, including reducing the vulnerabilities caused by them, and to provide support to other Member States in the form of solidarity contributions, as their contribution to the comprehensive approach.

(5) To strengthen cooperation with third countries on asylum and migration, including readmission and addressing the root causes and drivers of irregular migration and forced displacement, it is necessary to promote and build tailor-made and mutually beneficial partnerships with those countries. Such partnerships should provide a framework for better coordination of the relevant Union policies and tools with third countries, and be based on human rights, rule of law and the respect of the Union’s common values. As regards the external components of the comprehensive approach, nothing in this Regulation affects the pre-existing division of competences between the Member States and the Union, or between the institutions of the Union. Those competences will continue to be exercised with full respect for the procedural rules of the Treaties and in line with the case law of the Court of Justice of the European Union, in particular as regards non-binding instruments of the Union.

(6) The common framework is needed in order to effectively address the increasing phenomenon of mixed arrivals of persons in need of international protection and of those who are not, and in recognition that the responsibility for irregular arrivals of 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. The scope of this Regulation should also include admitted persons.

(7) In order to ensure the coherence and effectiveness of the actions and measures taken by the Union and its Member States, acting within their respective competences, there is a need for integrated policymaking and a comprehensive approach in the field of asylum and migration management, including both its internal and external components. The Union and Member States should ensure, each within their respective competences, and in compliance with the applicable Union law and international obligations, the coherence and implementation of asylum and migration management policies.

(8) In order to ensure that their asylum, reception and migration systems are well prepared and that each part of those systems has sufficient capacity, Member States should have the necessary human, material and financial resources and infrastructure to effectively implement asylum and migration management policies, and allocate the necessary staff to their competent authorities for the implementation of this Regulation. The Member States should also ensure appropriate coordination between the relevant national authorities as well as with the national authorities of the other Member States.

(9) Taking a strategic approach, Member States should have national strategies to ensure their capacity to effectively implement their asylum and migration management systems, in full compliance with their obligations under Union and international law. Those strategies should include preventive measures to reduce the risk of migratory pressure as well as information on contingency planning, including as provided for under Directive (EU) 2024/1346 of the European Parliament and of the Council (4), and relevant information as regards the principles of integrated policymaking and of solidarity and fair sharing of responsibility under this Regulation and legal obligations stemming therefrom at national level. The Commission and relevant Union bodies, offices and agencies, and in particular the European Union Agency for Asylum (the ‘Asylum Agency’), should be able to support the Member States when establishing their national strategies. The consultation of local and regional authorities by Member States, in accordance with national law and as appropriate, could also improve and strengthen national strategies. To ensure that the national strategies are comparable on specific core elements, a common template should be established by the Commission.

(10) In order to ensure that an effective monitoring system is in place to ensure the application of the Union asylum acquis, the results of the monitoring undertaken by the Asylum Agency and the European Border and Coast Guard Agency, and other relevant bodies, offices, agencies or organisations, relevant parts of the evaluation carried out in accordance with Council Regulation (EU) 2022/922 (5) as well as those carried out in line with Article 10 of Regulation (EU) 2024/1356 of the European Parliament and of the Council (6) should also be taken into account in Member States’ national strategies. Member States could also consider the results of other relevant monitoring mechanisms.

(11) The Commission should adopt a long-term European Asylum and Migration Management Strategy (the ‘Strategy’) setting out the strategic approach to ensure a consistent implementation of national strategies at Union level, in accordance with the principles set out in this Regulation and in Union primary law and applicable international law.

(12) 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 annually adopt a European Annual Asylum and Migration Report (the ‘Report’). The Report should assess the asylum, reception and migratory situation over the previous 12-month period along all migratory routes to and in all Member States, serve as an early warning and awareness tool for the Union in the area of migration and asylum, and provide a strategic situational picture and projections for the coming year. The Report should set out, inter alia, the preparedness of the Union and the Member States to respond and adapt to the evolution of the migratory situation and the results of monitoring by the relevant Union bodies, offices and agencies. The data and information as well as the assessments contained in the report should be taken into account in the decision-making procedures relating to the solidarity mechanism set out in Part IV of this Regulation.

(13) The Report should be prepared in consultation with Member States and relevant Union bodies, offices and agencies. For the purposes of the Report, the Commission should use existing reporting mechanisms, primarily the Integrated Situational Awareness and Analysis, provided that the Integrated Political Crisis Response is activated, and the EU mechanism for preparedness and management of crises related to migration set out in Commission Recommendation (EU) 2020/1366 (7). It is of the utmost importance for ensuring that the Union is prepared and able to adjust to the developing and evolving realities of asylum and migration management, and hence for the successful functioning of the annual asylum and migration cycle and the solidarity mechanism, that the Member States, the Council, the Commission, the European External Action Service and the relevant Union bodies, offices and agencies contribute to such existing reporting mechanisms and ensure the adequate and timely exchange of information and data. Information from other relevant sources, including the European Migration Network, the United Nations High Commissioner for Refugees, and the International Organization for Migration, should also be taken into consideration. The Commission should request additional information from Member States only when that information is not available through those reporting mechanisms and relevant Union bodies, offices and agencies, in order to avoid a duplication of efforts.

(14) In order to ensure that the necessary tools are in place to assist Member States in dealing with challenges that can arise due to the presence on their territory of third-country nationals or stateless persons, regardless of how they crossed the external borders of Member States, the Report should be accompanied by a decision determining which Member States are under migratory pressure, at risk of migratory pressure during the upcoming year or facing a significant migratory situation (the ‘Decision’). Member States under migratory pressure should be able to rely on the use of the solidarity contributions included in the Annual Solidarity Pool.

(15) In order to provide predictability to Member States under migratory pressure and to contributing Member States, the Report and the Decision should be accompanied by a Commission proposal identifying concrete annual solidarity measures, including relocations, financial contributions and, where applicable, alternative solidarity measures, and their numerical scale likely to be needed for the upcoming year at Union level, recognising that the various types of solidarity are of equal value. The types and numerical scale of the measures identified in the Commission proposal should as a minimum correspond to annual minimum thresholds for relocation and financial contributions. Those thresholds should be set out in this Regulation to ensure the predictable planning by contributing Member States and to provide minimum guarantees for the benefitting Member States. Where it is considered necessary, the Commission could identify in its proposal higher annual numbers for relocation or financial contributions. In order to preserve the equal value of solidarity measures, the ratio set out between the annual numbers identified in this Regulation should be maintained. In the same vein, when identifying the annual numbers, the Commission proposal should take into account exceptional situations where there would be no projected need for solidarity for the coming year.

(16) In order to ensure better coordination at Union level and in view of the particular features of the system of solidarity provided for by this Regulation, which is based on pledges made by each Member State, exercising full discretion as to the type of solidarity, in the High-Level EU Solidarity Forum (the ‘High-Level Forum’), the implementing power to establish the Annual Solidarity Pool should be conferred on the Council, acting on a proposal by the Commission. The Council implementing act establishing the Annual Solidarity Pool should identify concrete annual solidarity measures, including relocations, financial contributions and, where applicable, alternative solidarity measures, as well as their numerical scale likely to be needed for the upcoming year at Union level, while recognising that the various types of solidarity are of equal value. The Council implementing act establishing the Annual Solidarity Pool should also include the specific pledges that each Member State has made.

(17) Benefitting Member States should be granted the possibility to implement actions in or in relation to third countries, in accordance with the scope and purpose of this Regulation and of Regulation (EU) 2021/1147 of the European Parliament and of the Council (8).

(18) Member States and the Commission should ensure respect for fundamental rights and compliance with the Charter of Fundamental Rights of the European Union (the ‘Charter’) in the implementation of the actions funded by the financial contributions. The enabling conditions laid down in Article 15 of Regulation (EU) 2021/1060 of the European Parliament and of the Council (9), including the horizontal enabling condition on the ‘Effective application and implementation of the Charter of Fundamental Rights’ should apply to the Member States’ programmes supported by the financial contributions. For the selection of the actions supported by the financial contributions, Member States should apply the provisions laid down in Article 73 of Regulation (EU) 2021/1060, including taking account of the Charter. For the actions funded by the financial contributions, Member States should apply the management and control systems established for their programmes in accordance with Regulation (EU) 2021/1060. Member States should protect the Union budget and should apply financial corrections by cancelling all or part of the support from the financial contributions, where expenditure declared to the Commission is found to be irregular, in line with Regulation (EU) 2021/1060. The Commission may interrupt the payment deadline, suspend all or part of payments, and apply financial corrections in accordance with the provisions laid down in Regulation (EU) 2021/1060.

(19) During the operationalisation of the Annual Solidarity Pool contributing Member States should have the possibility, upon the request of a benefitting Member State, to provide alternative solidarity contributions. Alternative solidarity contributions should have practical and operational value. Where the Commission, following the consultation with the Member State concerned, considers that such measures as indicated by the Member State concerned are needed, such contributions should be identified in the Commission proposal for a Council implementing act establishing the Annual Solidarity Pool. Contributing Member States should be allowed to pledge such contributions, even if they are not identified in the Commission proposal for a Council implementing act establishing the Annual Solidarity Pool, and they should be counted as financial solidarity and their financial value should be assessed and applied in a realistic manner. Where those contributions are not requested by the benefitting Member State in a given year, they should be converted into financial contributions, at the end of the year.

(20) In order to facilitate the decision-making process, the Commission proposal for a Council implementing act establishing the Annual Solidarity Pool should not be made public until its adoption by the Council.

(21) For the effective implementation of the common framework and to identify gaps, address challenges and prevent the building up of pressure on asylum, reception and migration systems, the Commission should monitor and provide information on the migratory situation through regular reports.

(22) In order to ensure a fair sharing of responsibility, solidarity as enshrined in Article 80 TFEU and a balance of effort between Member States, a mandatory solidarity mechanism should be established which provides effective support to Member States under migratory pressure and ensures swift access to fair and efficient procedures for granting international protection. Such a mechanism should provide for different types of solidarity measures of equal value and should be flexible and able to swiftly adapt to the evolving nature of the migratory challenges. 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.

(23) To ensure the smooth implementation of the solidarity mechanism, an EU Solidarity Coordinator should be appointed by the Commission. The EU Solidarity Coordinator should monitor and coordinate the operational aspects of the solidarity mechanism and should act as a central point of contact. The EU Solidarity Coordinator should facilitate communication between Member States in the implementation of this Regulation. The EU Solidarity Coordinator should, in cooperation with the Asylum Agency, promote coherent working methods for the identification of persons eligible for relocation and their matching with Member States of relocation, in particular to ensure that meaningful links are taken into account. To effectively fulfil the role of the EU Solidarity Coordinator, the office of the EU Solidarity Coordinator should be provided with sufficient staff and resources and the EU Solidarity Coordinator should be able to participate in High-Level Forum meetings.

(24) To ensure the effective implementation of the solidarity mechanism established by this Regulation, representatives of the Member States at the ministerial or other senior political level should be convened in a High-Level Forum, which should consider the Report, Decision and Commission proposal for a Council implementing act establishing the Annual Solidarity Pool and take stock of the overall situation and come to a conclusion on the solidarity measures and their levels needed for establishment of the Annual Solidarity Pool and, where needed, other migratory response measures. In order to ensure the smooth functioning and operationalisation of the Annual Solidarity Pool, a Technical-Level EU Solidarity Forum (the ‘Technical-Level Forum’) comprising representatives at a sufficiently senior level, such as high-level officials of the relevant authorities of the Member States, should be convened and chaired by the EU Solidarity Coordinator, on behalf of the Commission. The Asylum Agency and, where appropriate and invited by the EU Solidarity Coordinator, the European Border and Coast Guard Agency and the European Union Agency for Fundamental Rights, should participate in the Technical-Level Forum.

(25) Considering that search and rescue stems from international obligations, Member States confronted with recurring disembarkations arising in the context of search and rescue operations might be among the Member States benefitting from solidarity measures. It should be possible to identify an indicative percentage of the solidarity measures that might be required for the Member States concerned. In addition, Member States should take into account the vulnerabilities of persons arriving from such disembarkations.

(26) In order to provide a timely response to the situation of migratory pressure, the EU Solidarity Coordinator should support the swift relocation of applicants for and beneficiaries of international protection eligible for relocation. The benefitting Member State should draw up a list of eligible persons to be relocated, with the assistance of the Asylum Agency if requested and should be able to use tools developed by the EU Solidarity Coordinator. Persons to be relocated should be given the opportunity to provide information on the existence of meaningful links with specific Member States but should not have the right to choose a specific Member State of relocation.

(27) In order to ensure an adequate solidarity response, and where Member States contributions are insufficient in relation to the needs identified, the Council should be able to reconvene the High-Level Forum to allow the Member States to pledge additional solidarity contributions.

(28) When assessing whether a Member State is under migratory pressure, at risk of migratory pressure or facing a significant migratory situation, the Commission, on the basis of a broad quantitative and qualitative 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 EU mechanism for preparedness and management of crises related to migration. Such factors should include: the number of applications for international protection, irregular border crossings, unauthorised movements of third-country nationals and stateless persons between the Member States, return decisions issued and enforced, transfer decisions issued and carried out, number 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 specificities stemming from the Member States’ geographical location and relations with relevant third countries and possible situations of instrumentalisation of migrants.

(29) A mechanism should be set out for the Member States identified in the Decision as being under migratory pressure or those that consider themselves to be under migratory pressure, to make use of the Annual Solidarity Pool. The Member States that have been identified in the Decision as being under pressure should be able to make use of the Annual Solidarity Pool in a simple manner by merely informing the Commission and the Council of their intention to use it, following which the EU Solidarity Coordinator, on behalf of the Commission should convene the Technical-Level Forum. The Member States that consider themselves to be under migratory pressure should, in order to make use of the Pool, provide a duly substantiated reasoning of the existence and extent of the migratory pressure and other relevant information in the form of notification which the Commission should assess expeditiously. Benefitting Member States should use the Annual Solidarity Pool in a reasonable and proportionate manner, taking into account solidarity needs of the other Member States under migratory pressure. The EU Solidarity Coordinator should ensure a balanced distribution of the solidarity contributions available among the benefitting Member States. Where a Member State considers itself to be in a situation of crisis, the procedure in Regulation (EU) 2024/1359 of the European Parliament and of the Council (10) should apply.

(30) Where Member States are themselves benefitting Member States they should not be obliged to implement their pledged contributions to the Annual Solidarity Pool. At the same time, where a Member State is facing or considers itself to be facing migratory pressure or a significant migratory situation, which could hinder its ability to implement its pledged contributions due to challenges that that Member State needs to address, it should be possible for that Member State to request a full or partial deduction of its pledged contribution.

(31) A reference key based on the size of the population and of the GDP of the Member States should be applied in accordance with the mandatory fair share principle for the operation of the solidarity mechanism enabling the determination of the overall contribution of each Member State. A Member State could, on a voluntary basis, provide an overall contribution beyond its mandatory fair share to assist Member States under migratory pressure. In the operationalisation of the Annual Solidarity Pool, contributing Member States should implement their pledges in proportion to their overall pledge, so that each time solidarity is drawn from the pool, those Member States contribute according to their fair share. In order to safeguard the functioning of this Regulation, the contributing Member States should not be obliged to implement their solidarity pledges towards the benefitting Member State where the Commission has identified systemic shortcomings in that benefitting Member State with regard to the rules set out in Part III of this Regulation that could result in serious negative consequences for the functioning of this Regulation.

(32) In addition to the Annual Solidarity Pool, Member States, in particular when under migratory pressure or facing a significant migratory situation, as well as the Union, have at their disposal the Permanent EU Migration Support Toolbox (the ‘Toolbox’)which includes measures that can assist in responding to the needs of and alleviating pressure on the Member States and which are foreseen in the Union acquis or policy tools. In order to ensure that all relevant tools are used effectively to respond to specific migratory challenges, the Commission should have the possibility to identify the necessary measures from the Toolbox, without prejudice to the relevant Union law where applicable. Member States should endeavour to use components of the Toolbox in conjunction with the Annual Solidarity Pool. However, the use of measures in the Toolbox should not be a precondition for benefitting from solidarity measures.

(33) Responsibility offsets should be introduced as a secondary level solidarity measure, pursuant to which the responsibility for examining an application is transferred to the contributing Member State, depending on whether or not the relocation pledges reach certain thresholds as set out in this Regulation. In certain circumstances, in order to provide sufficient predictability for the benefitting Member States, the application of responsibility offsets becomes mandatory. Contributions to solidarity through responsibility offsets should be counted as part of the mandatory fair share of the contributing Member State. A system of guarantees should be established, to avoid to the extent possible, incentives for irregular migration into the Union, unauthorised movements of third-country nationals and stateless persons between Member States and to support the smooth functioning of the rules for determining responsibility for examining applications for international protection. Where the application of the responsibility offsets becomes mandatory, a contributing Member State that has pledged relocations and has no applications for international protection for which the benefitting Member State has been determined as responsible to offset remains bound to implement its relocation pledge.

(34) While relocation should primarily apply to applicants for international protection, and whereas primary consideration should be given to vulnerable persons, its application should be kept flexible. Given its voluntary nature, contributing and benefitting Member States should have the possibility to express their preferences in terms of persons to be considered. Such preferences should be reasonable in light of the needs identified and the profiles available in the benefitting Member State in order to ensure that the pledged relocations can be effectively implemented.

(35) Upon request, 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 provided for in their respective mandates.

(36) The Common European Asylum System 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, all respecting the principle of non-refoulement, are considered as safe countries for third-country nationals.

(37) It is appropriate that a clear and workable method for determining the Member State responsible for the examination of an application for international protection is included in the Common European Asylum System as set out by the European Council at its special meeting in Tampere on 15 and 16 October 1999. 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, so as to guarantee swift and effective access to fair and efficient procedures for granting international protection and not to compromise the objective of the rapid processing of applications for international protection.

(38) In order to significantly increase the understanding of the applicable procedures, Member States should, as soon as possible, provide persons subject to this Regulation, in a language that they understand or are reasonably supposed to understand, with all relevant information regarding the application of this Regulation, in particular information relating to the criteria for determining the Member State responsible, the respective procedures as well as information on their rights and obligations under this Regulation, including the consequences of non-compliance. In order to ensure that the best interests of the child are preserved and to guarantee inclusiveness of the minors in the procedures set out in this Regulation, Member States should provide information to minors in a child-friendly manner and taking into account their age and maturity. The Asylum Agency should in this regard develop common information material, as well as specific information for unaccompanied minors and vulnerable applicants, in close cooperation with national authorities.

(39) Providing good quality information and legal support on the procedure to be followed to determine the Member State responsible as well as the rights and obligations of the applicants in that procedure is in the interests of both Member States and applicants. To increase the effectiveness of the procedure for determining the Member State responsible and ensure correct application of the responsibility criteria as set out in this Regulation, legal counselling should be introduced as an integral part of the system for determining the Member State responsible. For that purpose, legal counselling should be made available for the applicants, upon their request, to provide guidance and assistance on the application of the criteria and mechanisms for determining the Member State responsible.

(40) This Regulation should build on the principles in Regulation (EU) No 604/2013 of the European Parliament and of the Council (11) while addressing the challenges identified and developing the principle of solidarity and fair sharing of responsibility as part of the common framework, in line with Article 80 TFEU. To that end, a new mandatory 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 a solidarity mechanism is, together with an effective system for determining the Member State responsible, a key prerequisite to the functioning of the Common European Asylum System as a whole.

(41) This Regulation should apply to applicants for subsidiary protection and persons eligible for subsidiary protection in order to ensure equal treatment for all applicants for and beneficiaries of international protection and consistency with the current Union asylum acquis, in particular Regulation (EU) 2024/1347 of the European Parliament and of the Council (12).

(42) In order to ensure that third-country nationals and stateless persons that are resettled or admitted in accordance with Regulation (EU) 2024/1350 of the European Parliament and of the Council (13) or granted international protection or humanitarian status under national resettlement schemes are taken back to the Member State that admitted or resettled them, this Regulation should also apply to admitted persons who are present without authorisation on the territory of another Member State.

(43) For reasons of efficiency and legal certainty, it is essential that this Regulation be based on the principle that responsibility is determined only once, unless one of the cessation grounds set out in this Regulation applies.

(44) Directive (EU) 2024/1346 should apply to all procedures involving applicants under this Regulation, subject to the limitations in the application of that Directive.

(45) Regulation (EU) 2024/1348 of the European Parliament and of the Council (14) should apply in addition and without prejudice to the procedural safeguards under this Regulation, subject to the limitations in the application of that Regulation.

(46) In accordance with the 1989 United Nations Convention on the Rights of the Child and with the Charter, the best interests of the child should be a primary consideration of Member States when applying this Regulation. In assessing the best interests of the child, Member States should, in particular, take due account of the minor’s well-being and social development in the short, medium and long term, safety and security considerations 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 a representative.

(47) To ensure the effective application of the guarantees for minors established in this Regulation, Member States should ensure that staff of the competent authorities who deal with requests concerning unaccompanied minors receive appropriate training, for example in accordance with the relevant Asylum Agency guidelines, in areas such as the rights and individual needs of the minor, early identification of victims of trafficking in human beings or abuse, as well as best practices to prevent disappearance of the minor.

(48) In accordance with the European Convention for the Protection of Human Rights and Fundamental Freedoms and with the Charter, respect for private and family life should be a primary consideration of Member States when applying this Regulation.

(49) Without prejudice to the competence of Member States on the acquisition of nationality and the fact that, under international law, it is for each Member State, having due regard to Union law, to lay down the conditions for the acquisition and loss of nationality, in applying this Regulation, Member States should respect their international obligations towards stateless persons in accordance with international human rights law instruments, including where applicable under the Convention relating to the Status of Stateless Persons, adopted in New York on 28 September 1954. Where appropriate, Member States should endeavour to identify stateless persons and strengthen their protection, thus allowing stateless persons to enjoy core fundamental rights and reducing the risk of discrimination or unequal treatment.

(50) In order to prevent that persons who represent a security risk are 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 that the person concerned poses a threat to internal security.

(51) In order to ensure that applications for international protection of the members of one family are examined thoroughly by a single Member State, that the decisions taken in respect of them are consistent, and that the members of one family are not separated, it should be possible to conduct the procedures for determining the Member State responsible for examining those applications together.

(52) The definition of family member should 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, but before their arrival on the territory of the Member State.

(53) In order to ensure full respect for the principle of family unity and for the best interests of the child, the existence of a relationship of dependency between an applicant and his or her child, sibling or parent on account of the applicant’s pregnancy or maternity, state of health or old age should be a binding responsibility criterion. When the applicant is an unaccompanied minor, the presence on the territory of another Member State of a family member, sibling or relative who can take care of him or her should also become a binding responsibility criterion. In order to discourage unauthorised movements of unaccompanied minors in the absence of such a family member, sibling or relative, which are not in the best interests of the child, the Member State responsible should be the Member State where the unaccompanied minor’s application for international protection was first registered, if it is in the best interests of the child. Where the unaccompanied minor has applied for international protection in several Member States, and a Member State considers that it is not in the best interests of the child to transfer him or her to the Member State responsible on the basis of an individual assessment, that Member State should become responsible for examining the new application.

(54) The rules on evidence should allow for a swifter family reunification than under Regulation (EU) No 604/2013. It is therefore necessary to clarify that formal proof, such as original documentary evidence and DNA testing, should not be necessary 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 information, such as photos, proof of contact and witness statements to make a fair appraisal of the relationship. In order to facilitate the early identification of possible cases that involve family members, the applicant should receive a template developed by the Asylum Agency. Where possible, the applicant should complete the template before the personal interview. Taking into account the importance of the family links within the hierarchy of the responsibility criteria, all cases that involve family members should be prioritised during the relevant procedures set out in this Regulation.

(55) Where applicants are in possession of a diploma or other qualification, the Member State where the diploma was issued should be responsible for examining their application provided that the application is registered less than six years after the diploma or qualification was issued, which would ensure a swift examination of the application in the Member State with which the applicant has meaningful links based on such a diploma.

(56) Considering that a Member State should remain responsible for a person who has irregularly entered its territory, it is also necessary to provide for the situation where the person enters the territory following a search and rescue operation. A derogation from the responsibility criterion should be laid down for the situation where a Member State has relocated persons having crossed the external border of another Member State irregularly or following a search and rescue operation. In such a situation, the Member State of relocation should be responsible if the person applies for international protection.

(57) A Member State should be able to derogate from the responsibility criteria at its own discretion, in particular on humanitarian, social, cultural and compassionate grounds, in order to bring together family members, relatives or any other family relations and examine an application for international protection registered with it or with another Member State, even if such examination is not its responsibility according to the criteria laid down in this Regulation.

(58) 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 of third-country nationals and stateless persons or their unauthorised movements between Member States, it is necessary to establish clear obligations for the applicant in the context of the procedure, of which he or she should be duly informed in a timely manner. Non-compliance with such obligations should lead to appropriate and proportionate procedural consequences for the applicant and his or her reception conditions. Member States should take into account the individual circumstances of the applicant when assessing his or her compliance with the obligations and cooperation with the competent authorities, in accordance with the rules set out in this Regulation. In line with the Charter, the Member State where such an applicant is present should in any case ensure that the immediate material needs of that applicant are covered.

(59) In order to limit the possibility that the behaviour of applicants could lead to the cessation or shift of responsibility to another Member State, the time limits leading to cessation or the shift of responsibility where the person concerned leaves the territory of the Member States during the examination of the application or absconds to evade a transfer to the Member State responsible should be extended. In addition, the shift of responsibility when the time limit for sending a take back notification has not been respected by the notifying Member State should be removed in order to discourage circumvention of the rules and obstruction of procedure. In situations where a person has entered a Member State irregularly without applying for asylum, the period after which the responsibility of that Member State ceases and another Member State where that person subsequently applies becomes responsible should be extended, to further incentivise persons to comply with the rules and apply in the first Member State of entry and hence limit unauthorised movements of third-country nationals and stateless persons between Member States and increase the overall efficiency of the Common European Asylum System.

(60) 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, has not attended the interview without justified reasons or the information provided by the applicant is sufficient for determining the Member State responsible. In order to ensure that all relevant information is gathered from the applicant to correctly determine the Member State responsible, a Member State which omits the interview should give the applicant the opportunity to present all further information, including duly motivated reasons for the authority to consider the need for a personal interview. As soon as the application for international protection is registered, the applicant should be informed in particular of the application of this Regulation, of the fact that the determination of the Member State responsible for examining his or her application for international protection is based on objective criteria, of his or her rights and obligations under this Regulation and of the consequences of not complying with the obligations.

(61) In order to ensure that the personal interview facilitates as much as possible the determination of the Member State responsible in a swift and efficient manner, the staff interviewing applicants should have received sufficient training, including general knowledge of problems which could adversely affect the applicant’s ability to be interviewed, such as indicators showing that the applicant might have been a victim of torture or trafficking in human beings.

(62) In order to guarantee the effective protection of the applicants' fundamental rights to respect for private and family life, the rights of the child and the protection against inhuman and degrading treatment because of a transfer, applicants should have a right to an effective remedy, limited to those rights, in accordance, in particular, with Article 47 of the Charter and the relevant case-law of the Court of Justice of the European Union.

(63) 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 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 that the applicant will be subjected to inhuman or degrading treatment within the meaning of Article 4 of the Charter as a result of the transfer to that Member State and subsequently another Member State is determined as responsible.

(64) In order to ensure the speedy determination of the Member State responsible, the deadlines for making and replying to requests to take charge, for making take back notifications, as well as for making and deciding on appeals, should be streamlined and shortened, without prejudice to the fundamental rights of applicants.

(65) 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. In particular, 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 (EU) 2024/1346 also to persons detained on the basis of this Regulation. Minors should, as a rule, not be detained and efforts should be made to place them in accommodation with special provisions for minors. In exceptional circumstances, as a measure of last resort, after it has been established that other less coercive alternative measures cannot be applied effectively, and after detention is assessed to be in the best interests of the child, minors could be detained in the circumstances provided for in Directive (EU) 2024/1346.

(66) Deficiencies in, or the collapse of, asylum systems, often aggravated or contributed to by particular pressures on them, could jeopardise the smooth functioning of the system put in place under this Regulation, which could lead to a risk of violation of the rights of applicants as set out in the Union asylum acquis and the Charter, other international human rights and refugee rights.

(67) Sincere cooperation between Member States is essential for the proper functioning of the Common European Asylum System. Such cooperation entails the proper application of, inter alia, the procedural rules laid down in this Regulation, including that all appropriate practical arrangements, necessary to ensure that transfers are actually carried out, are put in place and implemented.

(68) In accordance with Commission Regulation (EC) No 1560/2003 (15), transfers to the Member State responsible for examining an application for international protection may be carried out on a voluntary basis, by supervised departure or under escort. Member States should promote voluntary transfers by providing adequate information to the person concerned and should ensure that supervised or escorted transfers are undertaken in a humane manner, in full compliance with fundamental rights and respect for human dignity, as well as the best interests of the child and taking utmost account of developments in the relevant case law, in particular as regards transfers on humanitarian grounds.

(69) Provided it is necessary for the examination of an application for international protection, Member States should be able to share specific information relevant for that purpose without the consent of the applicant where such information is necessary for the competent authorities of the Member State responsible to fulfil their obligations, in particular those stemming from Regulation (EU) 2024/1348.

(70) In order to ensure a clear and efficient relocation procedure, specific rules for benefitting and contributing Member States should be set out. Where responsibility is not determined prior to the relocation, the Member State of relocation should become responsible, except for the cases where the family-related criteria apply. The rules and safeguards relating to transfers set out in this Regulation should also apply, where relevant, to transfers for the purposes of relocation. Such rules should ensure that family unity is preserved and that persons that might pose a threat to internal security are not relocated.

(71) 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 in respect of unaccompanied minors.

(72) It should be possible to mobilise the resources of the Asylum, Migration and Integration Fund, as established by Regulation (EU) 2021/1147, and of other relevant Union funds (the ‘Funds’), to provide support for Member States’ efforts in applying this Regulation, in line with the rules governing the use of the Funds and without prejudice to other priorities supported by the Funds. In this context, Member States should be able to make use of the allocations under their respective programmes, including the amounts made available following the mid-term review. It should be possible to make additional support under thematic facilities available, in particular to those Member States which might need to increase their capacities at the external borders or are faced with specific pressures on or needs concerning their asylum and reception systems and their external borders.

(73) Regulation (EU) 2021/1147 should be amended to guarantee a full contribution by the Union budget to the total eligible expenditure of solidarity actions, as well as to introduce specific reporting requirements in relation to those actions, as part of the existing reporting obligations on the implementation of the Funds.

(74) When defining the eligibility period for expenditure of solidarity actions, the need to implement solidarity actions in a timely manner should be considered. In addition, due to the solidarity nature of the financial transfers under this Regulation, such transfers should be used in full to fund solidarity actions.

(75) The application of this Regulation can be facilitated, and its effectiveness increased, by bilateral arrangements between Member States for improving communication between competent departments, reducing time limits for procedures or simplifying the processing of take charge requests or take back notifications, or by establishing procedures for the performance of transfers and in order to carry them out more efficiently.

(76) Continuity between the system for determining the Member State responsible established by Regulation (EU) No 604/2013 and the system established by this Regulation should be ensured. Similarly, consistency should be ensured between this Regulation and Regulation (EU) 2024/1358 of the European Parliament and of the Council (16).

(77) One or more networks of competent Member State authorities should be set up and facilitated by the Asylum Agency in order 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. Those networks should aim to meet regularly to enhance trust-building and a common understanding of any challenges of the implementation of this Regulation in the Member States.

(78) The operation of the Eurodac system, as established by Regulation (EU) 2024/1358, should facilitate the application of this Regulation.

(79) The operation of the Visa Information System (VIS), as established by Regulation (EC) No 767/2008 of the European Parliament and of the Council (17), and in particular the implementation of Articles 21 and 22 thereof, should facilitate the application of this Regulation.

(80) 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 European Court of Human Rights.

(81) Regulation (EU) 2016/679 of the European Parliament and of the Council (18) 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 personal data breach is likely to result in a high risk to their rights and freedoms under Regulation (EU) 2016/679.

(82) Member States as well as Union bodies, offices and agencies should, when implementing this Regulation, take all proportionate and necessary measures to ensure that personal data is stored in a secure manner.

(83) In order to ensure uniform conditions for the implementation of this Regulation, certain implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (19), with the exception of Commission implementing decisions determining whether a Member State is under migratory pressure, at risk of migratory pressure or facing a significant migratory situation.

(84) In order to provide for supplementary rules, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of the identification of family members, siblings or relatives of an unaccompanied minor; the criteria for establishing the existence of proven family links in respect of unaccompanied minors; the criteria for assessing the capacity of a relative to take care of an unaccompanied minor, including where family members, siblings or relatives of the unaccompanied minor stay in more than one Member State; the elements to be taken into account in order to assess the dependency link; the criteria for establishing the existence of proven family links in respect of dependent persons; the criteria for assessing the capacity of the person concerned to take care of the dependent person and the elements to be taken into account in order to assess the inability to travel for a significant period of time, whilst fully respecting the best interests of the child as provided for in this Regulation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (20). In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

(85) A number of substantive changes are to be made to Regulation (EU) No 604/2013. In the interests of clarity, that Regulation should be repealed.

(86) The effective monitoring of the application of this Regulation requires that it be evaluated at regular intervals.

(87) This Regulation respects the fundamental rights and observes the principles which are guaranteed in Union and international law, including in the Charter. 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, in full observance of those fundamental rights.

(88) Since the objectives 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 situations of migratory pressure, cannot be sufficiently achieved by the Member States but can rather, by reason of the scale and effects, 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 those objectives.

(89) With a view to ensuring the consistent implementation of this Regulation by the time of its application, implementation plans at Union and national levels that identify gaps and operational steps for each Member State should be developed and implemented.

(90) In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the TEU and to the TFEU, Denmark is not taking part in the adoption of this Regulation and is not bound by it or subject to its application. Given that Parts III, V and VII of this Regulation constitute amendments within the meaning of Article 3 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 of the European Union and ‘Eurodac’ for the comparison of fingerprints for the effective application of the Dublin Convention (21), Denmark is to notify the Commission of its decision whether or not to implement the content of such amendments at the time of the adoption of the amendments or within 30 days hereafter.

(91) In accordance with Articles 1 and 2 and Article 4a(1) 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 TEU and to the TFEU, and without prejudice to Article 4 of that Protocol, Ireland is not taking part in the adoption of this Regulation and is not bound by it or subject to its application.

(92) As regards Iceland and Norway, Parts III, V and VII of this Regulation constitute new legislation in a field which 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).

(93) As regards Switzerland, Parts III, V and VII of this Regulation constitute acts or 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).

(94) As regards Liechtenstein, Parts III, V and VII of this Regulation constitute acts or 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 (24) refers,