1.   The common actions taken by the Union and the Member States in the field of asylum and migration management, within their respective competences, shall be based on the principle of solidarity and fair sharing of responsibility as enshrined in Article 80 TFEU on the basis of a comprehensive approach, and be guided by the principle of integrated policymaking, in compliance with international and Union law, including fundamental rights.

With the overall aim of effectively managing asylum and migration within the framework of the applicable Union law, those actions shall have the following objectives:

2.   The Commission, the Council and the Member States shall ensure the consistent implementation of asylum and migration management policies, including both the internal and external components of those policies, in consultation with institutions and bodies, offices and agencies responsible for external policies.

1.   In implementing their obligations under this Regulation, the Union and the Member States shall observe the principle of solidarity and fair sharing of responsibility as enshrined in Article 80 TFEU, and shall take into account their shared interest in the effective functioning of the Union’s asylum and migration management policies.

2.   In fulfilling their obligations under this Regulation, Member States shall cooperate closely and shall:

3.   To support Member States in fulfilling their obligations, the Permanent EU Migration Support Toolbox shall include at least:

1.   Member States shall have national strategies in place that establish a strategic approach to ensure they have the capacity to effectively implement their asylum and migration management system, in full compliance with their obligations under Union and international law, taking into account their specific situation, in particular their geographical location.

When establishing their national strategies, Member States may consult the Commission and relevant Union bodies, offices and agencies, in particular the Asylum Agency, as well as local and regional authorities, as appropriate and in accordance with national law. Those strategies shall include at least:

2.   The national strategies shall take into account other relevant strategies and existing support measures, in particular support measures under Regulations (EU) 2021/1147 and (EU) 2021/2303, and be consistent with and complementary to the national strategies for European integrated border management established in accordance with Article 8(6) of Regulation (EU) 2019/1896.

3.   Member States shall transmit their national asylum and migration management strategies to the Commission six months before the adoption of the Strategy referred to in Article 8.

4.   Financial and operational support by the Union, including operational support from its bodies, offices and agencies, for the fulfilment of the obligations shall be provided in accordance with Regulations (EU) 2019/1986, (EU) 2021/1147, (EU) 2021/2303 and, where relevant, (EU) 2021/1148.

5.   The Commission shall monitor and provide information on the migratory situation through regular reports based on data and information provided by the European External Action Service, the Asylum Agency, the European Border and Coast Guard Agency, Europol and the European Union Agency for Fundamental Rights and in particular the information gathered pursuant to Recommendation (EU) 2020/1366 and within the framework of the EU Migration Preparedness and Crisis Management Mechanism Network and, where necessary, information provided by Member States.

6.   The Commission shall, by means of implementing acts, establish a template to be used by Member States to ensure that their national strategies are comparable on specific core elements, such as contingency planning. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 77(2).

1.   The Commission, after consulting the Member States, taking into account relevant reports and analyses from Union bodies, offices and agencies and building upon the national strategies referred to in Article 7, shall draw up a five-year European Asylum and Migration Management Strategy (the ‘Strategy’) setting out the strategic approach to ensure the consistent implementation of national strategies. The Commission shall transmit the Strategy to the European Parliament and the Council. The Strategy shall not be legally binding.

2.   The first Strategy shall be adopted by 12 December 2025 and every five years thereafter.

3.   The Strategy shall include the components listed in Articles 4 and 5, give a prominent role to the case-law of the Court of Justice of the European Union and the European Court of Human Rights and also take into account:

1.   The Commission shall adopt a European Annual Asylum and Migration Report on an annual basis assessing the asylum, reception and migratory situation over the previous 12-month period and any possible developments, and providing a strategic situational picture of the area of migration and asylum that also serves as an early warning and awareness tool for the Union (the ‘Report’).

2.   The Report shall be based on relevant quantitative and qualitative data and information provided by the Member States, the European External Action Service, the Asylum Agency, the European Border and Coast Guard Agency, Europol and the European Union Agency for Fundamental Rights. It may also take into account information provided by other relevant bodies, offices, agencies or organisations.

3.   The Report shall contain the following elements:

4.   The Commission shall adopt the Report by 15 October each year and transmit it to the European Parliament and to the Council.

5.   The Report shall provide the basis for decisions at Union level on the measures needed for the management of migratory situations.

6.   The first Report shall be issued by 15 October 2025.

7.   For the purposes of the Report, the Member States, the Asylum Agency, the European Border and Coast Guard Agency, Europol and the European Union Agency for Fundamental Rights shall provide the information referred to in Article 10 by 1 June each year.

8.   The Commission shall convene a meeting of the EU mechanism for preparedness and management of crisis related to migration during the first half of July each year to present the initial assessment of the situation and exchange information with members of that mechanism. The composition and mode of operation of the EU mechanism for preparedness and management of crisis related to migration shall be as set out in Recommendation (EU) 2020/1366 in its original version.

9.   The Member States and the relevant Union bodies, offices and agencies shall provide the Commission with updated information by 1 September each year.

10.   The Commission shall convene a meeting of the EU mechanism for preparedness and management of crisis related to migration by 30 September each year to present the consolidated assessment of the situation. The composition and mode of operation of the EU mechanism for preparedness and management of crisis related to migration shall be as set out in Recommendation (EU) 2020/1366 in its original version.

1.   When the Commission assesses the overall migratory situation, or whether a Member State is under migratory pressure, at risk of migratory pressure or confronted with a significant migratory situation, it shall use the Report referred to in Article 9 and take into account any further information pursuant to Article 9(3), point (a).

2.   The Commission shall also take into account the following:

3.   In addition, in order to assess whether a Member State is facing a significant migratory situation, the Commission shall take into account the cumulative effect of current and previous annual arrivals of third-country nationals or stateless persons.

1.   Together with the Report referred to in Article 9, the Commission shall adopt an implementing decision determining whether a particular Member State is under migratory pressure, at risk of migratory pressure during the upcoming year, or is facing a significant migratory situation.

For that purpose, the Commission shall consult the Member States concerned. The Commission may set a time limit for such consultations.

2.   For the purposes of paragraph 1, the Commission shall use the information gathered pursuant to Article 10, taking into account all elements of the Report referred to in Article 9, all migratory routes, including the specificities of the structural phenomenon of disembarkations after search and rescue operations and unauthorised movements of third country-nationals and stateless persons between the Member States, as well as previous pressure on the Member State concerned and the current situation.

3.   Where during the past 12 months a Member State has faced large number of arrivals due to recurring disembarkations following search and rescue operations, the Commission shall consider that Member State to be under migratory pressure provided those arrivals are of such a scale that they create disproportionate obligations on even the well-prepared asylum, reception and migration system of the Member State concerned.

4.   The Commission shall adopt its implementing decision by 15 October each year and transmit it to the European Parliament and to the Council.

1.   Each year, on the basis of and together with the Report referred to in Article 9, the Commission shall submit a proposal for a Council implementing act establishing the Annual Solidarity Pool necessary to address the migratory situation in the upcoming year in a balanced and effective manner. That proposal shall reflect the annual projected solidarity needs of the Member States under migratory pressure.

2.   The Commission proposal referred to in paragraph 1 shall identify the total annual numbers of required relocations and financial contributions for the Annual Solidarity Pool at Union level, which shall be at least:

The Commission proposal referred to in paragraph 1 of this Article shall also set out annual indicative contributions for each Member State by applying the reference key set out in Article 66 with a view to facilitating the exercise to pledge its solidarity contributions (the ‘pledging exercise’) pursuant to Article 13.

3.   When identifying the level of the Union-wide responsibility to be shared by all Member States and the consequent level of solidarity, the Commission shall take into account relevant qualitative and quantitative criteria, including, for the relevant year, the overall number of arrivals, the average recognition rates as well as the average return rates. The Commission shall also take into account that the Member States which will become benefitting Member States pursuant to Article 58(1) are not obliged to implement their pledged solidarity contributions.

The Commission may identify a higher number for relocations and financial contributions than those provided for in paragraph 2 of this Article and may identify other forms of solidarity as set out in Article 56(2), point (c), depending on the need for such measures arising from the specific challenges in the area of migration in the Member State concerned. In order to preserve the equal value of the different types of solidarity measures, the ratio between the numbers set out in paragraph 2, points (a) and (b), of this Article shall be maintained.

4.   Notwithstanding paragraph 2 of this Article, in exceptional situations, where the information provided by the Member States and the relevant Union bodies, offices and agencies pursuant to Article 9(2), or the consultations carried out by the Commission pursuant to Article 11(1) do not indicate a need for solidarity measures for the upcoming year, the Commission proposal referred to in paragraph 1 of this Article shall take this duly into account.

5.   Where the Commission has identified in an implementing decision as referred to in Article 11 that one or more Member States are under migratory pressure as a result of large numbers of arrivals stemming from recurring disembarkations following search and rescue operations, taking into account the specificities of the Member States concerned, the Commission shall set out the indicative percentage of the Annual Solidarity Pool to be made available to those Member States.

6.   The Commission shall adopt the proposal referred to in paragraph 1 of this Article by 15 October each year and transmit it to the Council. The Commission shall simultaneously transmit that proposal to the European Parliament. Until the adoption of the Council implementing act referred to in Article 57, the Commission proposal referred to in paragraph 1 of this Article shall not be made public. It shall be classified ‘RESTREINT UE/EU RESTRICTED’ and shall be handled as such in accordance with Council Decision 2013/488/EU (38).

1.   In order to ensure the effective implementation of Part IV of this Regulation, a High-Level EU Solidarity Forum (the ‘High-Level Forum’) shall be established, consisting of the representatives of the Member States and chaired by the Member State holding the Presidency of the Council. Member States shall be represented at the level of responsibility and decision-making power that is appropriate in order to carry out the tasks conferred on the High-Level Forum.

Third countries that have concluded with the Union an agreement on the criteria and mechanisms for establishing the State responsible for examining an application for international protection lodged in a Member State or in that third country may, for the purpose of contributing to solidarity on an ad hoc basis be invited to participate in the High-Level Forum as appropriate.

2.   The Council shall convene the High-Level Forum within 15 days following the adoption of the Report referred to in Article 9, the decision referred to in Article 11 and the Commission proposal referred to in Article 12.

3.   In the meeting referred to in paragraph 2, the High-Level Forum shall consider the Report referred to in Article 9, the decision referred to in Article 11 and the Commission proposal referred to in Article 12 and examine the overall situation. It shall also come to a conclusion on the solidarity measures and the level of contribution needed pursuant to the procedure set out in Article 57 and, where deemed necessary, on other migratory response measures in the areas of responsibility, preparedness and contingency, as well as on the external dimension of migration. During that High-Level Forum meeting, Member States shall pledge their solidarity contributions for the creation of the Annual Solidarity Pool pursuant to Article 57.

4.   Where the Council, at the initiative of a Member State or upon invitation from the Commission, considers that the solidarity contributions to the Annual Solidarity Pool are insufficient in relation to the needs identified, including where significant deductions have been granted in accordance with Articles 61 and 62, or one or more Member States under migratory pressure have higher needs than anticipated, or the overall situation requires additional solidarity support, the Council shall by simple majority reconvene the High-Level Forum to request Member States to provide additional solidarity contributions. Any pledging exercise shall follow the procedure set out in Article 57.

1.   In order to ensure the smooth functioning of Part IV of this Regulation, a Technical-Level EU Solidarity Forum (the ‘Technical-Level Forum’) shall be established and the EU Solidarity Coordinator shall, on behalf of the Commission, convene and chair it.

2.   The Technical-Level Forum shall comprise representatives of the relevant authorities of the Member States at a level sufficiently senior to carry out the tasks conferred on it.

3.   Third countries that have concluded with the Union an agreement on the criteria and mechanisms for establishing the State responsible for examining an application for international protection lodged in a Member State or in that third country may, for the purpose of contributing to solidarity on an ad hoc basis be invited to participate in the Technical-Level Forum as appropriate.

4.   The Asylum Agency shall participate in the Technical-Level Forum. The European Border and Coast Guard Agency and the European Union Agency for Fundamental Rights shall, where appropriate and when invited by the EU Solidarity Coordinator, participate in the Technical-Level Forum. United Nations agencies may, depending on their involvement in the solidarity mechanism, also be invited to participate.

5.   Following the adoption of the Council implementing act referred to in Article 57, the EU Solidarity Coordinator shall convene a first meeting of the Technical-Level Forum. Following that first meeting, the Technical-Level Forum shall meet on a regular basis and as frequently as necessary, in particular pursuant to Articles 58(3) and 59(6), in order to operationalise the solidarity mechanism between the Member States and address the solidarity needs with the contributions identified.

1.   The Commission shall appoint an EU Solidarity Coordinator to coordinate at technical level the implementation of the solidarity mechanism in accordance with Part IV of this Regulation.

2.   The EU Solidarity Coordinator shall:

3.   For the purposes of paragraph 2, the EU Solidarity Coordinator shall be assisted by an office and provided with the necessary financial and human resources to effectively carry out its tasks. The EU Solidarity Coordinator shall coordinate closely with the Asylum Agency, including in relation to the practical details of relocation under this Regulation.

4.   The Report referred to in Article 9 shall present the state of implementation and functioning of the solidarity mechanism.

5.   Member States shall provide the EU Solidarity Coordinator with the necessary data and information for the EU Solidarity Coordinator to effectively carry out its tasks.

1.   Member States shall examine an application for international protection by a third-country national or a stateless person who applies on the territory of any one of them, including at the border or in the transit zones. The application shall be examined by a single Member State which shall be the Member State responsible on the basis of the criteria set out in Chapter II or the clauses set out in Chapter III of this Part.

2.   Without prejudice to the rules set out in Part IV of this Regulation, where no Member State can be determined responsible for examining the application for international protection on the basis of the criteria listed in this Regulation, the first Member State in which the application for international protection was registered shall be responsible for examining it.

3.   Where it is impossible for a Member State to transfer an applicant to the Member State primarily designated as responsible because there are substantial grounds for believing that the applicant, because of the transfer to that Member State, would face a real risk of violation of the applicant’s fundamental rights that amounts to inhuman or degrading treatment within the meaning of Article 4 of the Charter, the determining Member State shall continue to examine the criteria set out in Chapter II or the clauses set out in Chapter III of this Part in order to establish whether another Member State can be designated as responsible.

Where a Member State cannot carry out the transfer pursuant to the first subparagraph of this paragraph to any Member State designated on the basis of the criteria set out in Chapter II or the clauses set out in Chapter III of this Part or to the first Member State with which the application was registered, and cannot establish whether another Member State can be designated as responsible, that Member State shall become the Member State responsible for examining the application for international protection.

4.   If a security check provided for in Article 15 of Regulation (EU) 2024/1356 has not been carried out pursuant to that Regulation, the first Member State in which the application for international protection was registered shall examine whether there are reasonable grounds to consider that the applicant poses a threat to internal security as soon as possible after the registration of the application, before applying the criteria for determining the Member State responsible pursuant to Chapter II or the clauses set out in Chapter III of this Part.

If a security check provided for in Article 15 of Regulation (EU) 2024/1356 has been carried out, but the first Member State in which the application for international protection was registered has justified reasons to examine whether there are reasonable grounds to consider that the applicant poses a threat to internal security, that Member State shall carry out the examination as soon as possible after the registration of the application, before applying the criteria for determining the Member State responsible pursuant to Chapter II or the clauses set out in Chapter III of this Part.

Where the security check carried out in accordance with Article 15 of Regulation (EU) 2024/1356 or in accordance with the first and second subparagraphs of this paragraph shows that there are reasonable grounds to consider that the applicant poses a threat to internal security, the Member State carrying out the security check shall be the Member State responsible, and Article 39 of this Regulation shall not apply.

5.   Each Member State shall retain the right to send an applicant to a safe third country, subject to the rules and safeguards laid down in Regulation (EU) 2024/1348.

1.   An application for international protection shall be made and registered in the Member State of first entry.

2.   By way of derogation from paragraph 1, where a third-country national or stateless person is in possession of a valid residence document or a valid visa, the application for international protection shall be made and registered in the Member State that issued the residence document or visa.

Where a third-country national or stateless person is in possession of a residence document or visa which has expired or was annulled, withdrawn or revoked, the application for international protection shall be made and registered in the Member State where he or she is present.

3.   The applicant shall fully cooperate with the competent authorities of the Member States in collecting the biometric data in accordance with Regulation (EU) 2024/1358 and in matters covered by this Regulation, in particular by submitting and disclosing, as soon as possible and at the latest during the interview referred to in Article 22 of this Regulation, all the elements and information available to him or her that are relevant for determining the Member State responsible, including by submitting his or her identity documents if the applicant is in possession of such documents. Where the applicant is not in a position at the time of the interview to submit evidence to substantiate the elements and information provided, or to complete the template referred to in Article 22(1) of this Regulation, the competent authority shall set a reasonable time limit for submitting such evidence, taking into account the individual circumstances of the case, within the period referred to in Article 39(1) of this Regulation.

4.   The applicant shall be required to be present in:

5.   Where a transfer decision is notified to the applicant in accordance with Article 42(2) and Article 67(10), the applicant shall cooperate with the competent authorities and comply with that decision.

1.   Provided that the applicant has been informed of his or her obligations and the consequences of non-compliance therewith in accordance with Article 11(1), point (b), of Regulation (EU) 2024/1356 or Article 5(1) and 21 of Directive (EU) 2024/1346, the applicant shall not be entitled to the reception conditions set out in Articles 17 to 20 of that Directive in any Member State other than the one in which he or she is required to be present pursuant to Article 17(4) of this Regulation from the moment he or she has been notified of a decision to transfer him or her to the Member State responsible.

The first subparagraph shall be without prejudice to the need to ensure a standard of living in accordance with Union law, including the Charter, and international obligations.

2.   Elements and information relevant for determining the Member State responsible submitted after expiry of the time limit shall be taken into account only if they provide evidence that is decisive for the correct application of this Regulation, in particular regarding unaccompanied minors and family reunification.

3.   Paragraph 1 shall not apply where the applicant is not in the Member State where he or she is required to be present and the competent authorities of the Member State in which the applicant is present have reasonable grounds to believe that the applicant might have been subjected to any of the offences referred to in Articles 2 and 3 of Directive 2011/36/EU of the European Parliament and of the Council (39).

4.   When applying this Article, Member States shall take into account the individual circumstances of the applicant, including any real risk of violations of fundamental rights in the Member State where the applicant is required to be present. Any measures taken by the Member States shall be proportionate.

1.   As soon as possible and in any event by the date when an application for international protection is registered in a Member State, the competent authority of that Member State shall provide the applicant with information on the application of this Regulation, on his or her rights pursuant to this Regulation, and on the obligations set out in Article 17 as well as the consequences of non-compliance set out in Article 18. That information shall include in particular information on:

2.   The applicant shall have the possibility to request information regarding the progress of the procedure and the competent authorities shall inform the applicant about that possibility. Where the applicant is a minor, the minor and the parent or representative shall have the possibility to request such information.

1.   The information referred to in Article 19 shall be provided in writing in a concise, transparent, intelligible and easily accessible form, using clear and plain language and in a language that the applicant understands or is reasonably supposed to understand. Member States shall use the common information material drawn up pursuant to paragraph 2 of this Article for that purpose. The common information material shall also be available online, on an open and easily accessible platform for applicants for international protection.

Where necessary for the applicant’s proper understanding, the information shall also be provided orally, where appropriate in connection with the personal interview referred to in Article 22. For that purpose, the applicant shall have the opportunity to ask questions to clarify the information provided. Member States may use the support of multimedia equipment.

2.   The Asylum Agency shall, in close cooperation with the responsible national authorities, draw up common information material, as well as specific information for unaccompanied minors and vulnerable applicants, where necessary for applicants with specific reception or procedural needs, containing at least the information referred to in Article 19. That common information material shall also include information regarding the application of Regulation (EU) 2024/1358 and, in particular, the purpose for which the data of an applicant may be processed within Eurodac.

The common information material shall be drawn up in such a manner as to enable Member States to complete it with additional Member State-specific information.

3.   Where the applicant is a minor, the information referred to in Article 19 shall be provided in a child-friendly manner by appropriately trained staff and in the presence of the applicant’s representative.

1.   Applicants shall have the right to consult, in an effective manner, a legal adviser or other counsellor, admitted or permitted as such under national law, on matters relating to the application of the criteria set out in Chapter II or the clauses set out in Chapter III of this Part at all stages of the procedure for determining the Member State responsible provided for in this Regulation.

2.   Without prejudice to the applicant's right to choose his or her own legal adviser or other counsellor at his or her own cost, an applicant may request free legal counselling in the procedure for determining the Member State responsible.

3.   Free legal counselling shall be provided by legal advisers or other counsellors admitted or permitted under national law to counsel, assist or represent applicants or by non-governmental organisations accredited under national law to provide legal services or representation to applicants.

For the purposes of the first subparagraph, effective access to free legal counselling may be assured by entrusting a person with the provision of legal counselling in the administrative stage of the procedure to several applicants at the same time.

4.   Member States may organise the provision of legal counselling in accordance with their national systems.

5.   Member States shall lay down specific procedural rules concerning the arrangements for filing and processing requests for the provision of free legal counselling as provided for in this Article.

6.   For the purposes of the procedure for determining the Member State responsible, the free legal counselling shall include the provision of:

7.   Without prejudice to paragraph 1, the provision of free legal counselling in the procedure for determining the Member State responsible may be excluded where the applicant is already assisted and represented by a legal adviser.

8.   For the purpose of implementing this Article, Member States may request the assistance of the Asylum Agency. In addition, financial support may be provided through Union funds to the Member States, in accordance with the legal acts applicable to such funding.

1.   In order to facilitate the procedure for determining the Member State responsible, the competent authorities of the determining Member State referred to in Article 38(1) shall conduct a personal interview with the applicant for the purpose of applying Article 39. The interview shall also enable the applicant to properly understand the information received in accordance with Article 19.

The competent authorities shall collect information on the specific applicant’s situation by proactively asking questions that would help determine the Member State responsible for the purpose of applying Article 39.

Where there are indications that the applicant has family members or relatives in a Member State, the applicant shall receive a template, to be developed by the Asylum Agency. The applicant shall fill that template with the information available to him or her in order to facilitate the application of Article 39. Where possible, the applicant shall complete that template before the personal interview set out in this Article.

The Asylum Agency shall develop the template referred to in the third subparagraph of this paragraph by 12 April 2025. The Asylum Agency shall also develop guidelines for the identification and tracing of family members to support the application of Articles 25–28 and 34 by the requesting and the requested Member State in accordance with Articles 39 and 40.

The applicant shall have the opportunity to present duly motivated reasons to the competent authorities in order for them to consider applying Article 35(1).

2.   The personal interview may be omitted where:

For the purposes of the first subparagraph, point (c), of this paragraph, the Member State omitting the interview shall give the applicant the opportunity to present all further information which is relevant to correctly determine the Member State responsible within the period referred to in Article 39(1), including duly motivated reasons for the authority to consider the need for a personal interview.

3.   The personal interview shall take place in a timely manner and, in any event, before any take charge request is made pursuant to Article 39.

4.   The personal interview shall be conducted in the language preferred by the applicant unless there is another language which he or she understands and in which he or she is able to communicate clearly. Interviews of unaccompanied and, where applicable, accompanied minors shall be conducted by a person who has the necessary knowledge of the rights and special needs of minors, in a child-sensitive and context-appropriate manner, taking into consideration the age and maturity of the minor, in the presence of the representative and, where applicable, the minor’s legal adviser. Where necessary, an interpreter who is able to ensure appropriate communication between the applicant and the person conducting the personal interview shall be provided. The presence of a cultural mediator may be provided during the personal interview. Where requested by the applicant and where possible, the person conducting the interview and, where applicable, the interpreter shall be of the sex that the applicant prefers.

5.   Where duly justified by the circumstances, Member States may conduct the personal interview by video conference. In such a case, the Member State shall ensure the necessary arrangements for the appropriate facilities, procedural and technical standards, legal assistance and interpretation, taking into account guidance from Asylum Agency.

6.   The personal interview shall take place under conditions which ensure appropriate confidentiality. It shall be conducted by a person qualified under national law. Applicants who are identified as being in need of special procedural guarantees pursuant to Regulation (EU) 2024/1348, shall be provided with adequate support in order to create the conditions necessary for effectively presenting all elements allowing for the determination of the Member State responsible. Staff interviewing applicants shall also have acquired general knowledge of factors which could adversely affect the applicant’s ability to be interviewed, such as indications that the person has been tortured in the past or has been a victim of trafficking in human beings.

7.   The Member State conducting the personal interview shall make an audio recording of the interview and make a written summary thereof which shall contain at least the main information supplied by the applicant at the interview. The applicant shall be informed in advance of the fact that such a recording is being made and the purpose thereof. Where there is doubt as to the statements made by the applicant during the personal interview, the audio recording shall prevail. The summary may take the form of either a report or a standard form. The Member State shall ensure that the applicant or the legal adviser or other counsellor, admitted or permitted as such under national law, who is legally representing the applicant has timely access to the summary, as soon as possible after the interview and in any event before the competent authorities take a decision on the Member State responsible. The applicant shall be given the opportunity to make comments or provide clarification orally or in writing with regard to any incorrect translations or misunderstandings or other factual mistakes appearing in the written summary at the end of the personal interview or within a specified time limit.

1.   The best interests of the child shall be a primary consideration for Member States with respect to all procedures provided for in this Regulation. Procedures including minors shall be treated with priority.

2.   Each Member State where an unaccompanied minor is present shall ensure that he or she is represented and assisted by a representative with respect to the relevant procedures provided for in this Regulation. The representative shall have the resources, qualifications, training, expertise and independence to ensure that the best interests of the child are taken into consideration during the procedures carried out under this Regulation. The representative shall have access to the content of the relevant documents in the applicant’s file including the specific information material for unaccompanied minors, and shall keep the unaccompanied minor informed about the progress of the procedures under this Regulation.

Where an application is made by a person who claims to be a minor, or in relation to whom there are objective grounds to believe that he or she is a minor, and who is unaccompanied, the competent authorities shall:

In the case of a disproportionate number of applications made by unaccompanied minors or in other exceptional situations, the time limit for designating a representative pursuant to the second subparagraph, point (b), may be extended by ten working days.

Where the competent authority concludes that an applicant who claims to be a minor is without any doubt above the age of eighteen years, it shall not be required to designate a representative in accordance with this paragraph.

The duties of the representative or the person referred to in the second subparagraph, point (a), shall cease where the competent authorities, following the age assessment referred to in Article 25(1) of Regulation (EU) 2024/1348, do not assume that the applicant is a minor or consider that the applicant is not a minor, or where the applicant is no longer an unaccompanied minor.

Where an organisation is appointed as a representative, it shall designate a person responsible for carrying out its duties in respect of the minor. The first subparagraph shall apply to that person.

The representative provided for in the first subparagraph may be the same person or organisation as provided for in Article 23 of Regulation (EU) 2024/1348.

3.   The Member States shall involve the representative of an unaccompanied minor throughout the entire procedure for determining the Member State responsible under this Regulation. The representative shall assist the unaccompanied minor in providing information relevant to the assessment of the best interests of the child in accordance with paragraph 4, including the exercise of the right to be heard, and shall support his or her engagement with other actors, such as family tracing organisations, where appropriate for that purpose, with due regard to confidentiality obligations towards the minor.

4.   In assessing the best interests of the child, Member States shall closely cooperate with each other and shall, in particular, take due account of the following factors:

5.   Before transferring an unaccompanied minor, the transferring Member State shall notify the Member State responsible or the Member State of relocation, which shall confirm that all appropriate measures referred to in Articles 16 and 27 of Directive (EU) 2024/1346 and Article 23 of Regulation (EU) 2024/1348 will be taken without delay, including the appointment of a representative in the Member State responsible or the Member State of relocation. Any decision to transfer an unaccompanied minor shall be preceded by an individual assessment of the best interests of the child. The assessment shall be based on the relevant factors listed in paragraph 4 of this Article and the conclusions of the assessment of those factors shall be clearly stated in the transfer decision. The assessment shall be done without delay by appropriately trained staff with the necessary qualifications and expertise to ensure that the best interests of the child are taken into consideration.

6.   For the purpose of applying Article 25, the Member State where the unaccompanied minor’s application for international protection was first registered shall immediately take appropriate action to identify any family members, siblings or relatives of the unaccompanied minor on the territory of Member States, while protecting the best interests of the child.

To that end, that Member State may request the assistance of international or other relevant organisations, and may facilitate the minor’s access to the tracing services of such organisations.

The staff of the competent authorities referred to in Article 52 who deal with requests concerning unaccompanied minors shall receive appropriate training concerning the specific needs of minors relevant for the application of this Regulation.

7.   With a view to facilitating the appropriate action to identify the family members or relatives of an unaccompanied minor living in the territory of another Member State pursuant to paragraph 6 of this Article, the Commission shall adopt implementing acts including a standard form for the exchange of relevant information between Member States. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 77(2).

1.   The criteria for determining the Member State responsible shall be applied in the order in which they are set out in this Chapter.

2.   The Member State responsible in accordance with the criteria set out in this Chapter shall be determined on the basis of the situation when the application for international protection was first registered with a Member State.

1.   Where the applicant is an unaccompanied minor, only the criteria set out in this Article shall apply. Those criteria shall apply in the order in which they are set out in paragraphs 2 to 5.

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

3.   Where the applicant is an unaccompanied minor who has a relative who is legally present in another Member State and where it is established, on the basis of an individual examination, that the relative can take care of him or her, that Member State shall unite the minor with his or her relative and shall be the Member State responsible, unless it is demonstrated that it is not in the best interests of the child.

4.   Where family members, siblings or relatives as referred to in paragraphs 2 and 3 are staying in more than one Member State, the Member State responsible shall be determined on the basis of what is in the best interests of the child.

5.   In the absence of a family member, sibling or relative as referred to in paragraphs 2 and 3, the Member State responsible shall be that where the unaccompanied minor’s application for international protection was first registered, if it is in the best interests of the child.

6.   The Commission is empowered to adopt delegated acts in accordance with Article 78 concerning:

In exercising its power to adopt delegated acts, the Commission shall not exceed the scope of the best interests of the child as provided for under Article 23(4).

7.   The Commission shall, by means of implementing acts, establish uniform methods for the consultation and the exchange of information between Member States for the purposes of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 77(2).

1.   Where the applicant has a family member who has been allowed to reside as a beneficiary of international protection in a Member State or who resides in a Member State on the basis of a long-term residence permit in accordance with Council Directive 2003/109/EC (40) or long-term residence permit granted in accordance with national law, where that Directive does not apply in the Member State concerned, that Member State shall be responsible for examining the application for international protection, provided that the persons concerned have expressed their desire to that effect in writing.

2.   Where the family member had previously been allowed to reside as a beneficiary of international protection, but has later become a citizen of a Member State, that Member State shall be responsible for examining the application, provided that the persons concerned have expressed their desire to that effect in writing.

3.   Paragraphs 1 and 2 shall also apply to children born after the family member arrived on the territory of the Member States.

1.   Where the applicant holds a valid residence document, the Member State that issued that document shall be responsible for examining the application for international protection.

2.   Where the applicant holds a valid visa, the Member State that issued that visa shall be responsible for examining the application for international protection, unless that visa was issued on behalf of another Member State under a representation arrangement as provided for in Article 8 of Regulation (EC) No 810/2009. In such a case, the represented Member State shall be responsible for examining the application for international protection.

3.   Where the applicant holds more than one valid residence document or visa issued by different Member States, the Member State responsible for examining the application for international protection shall be determined in the following order:

4.   Where the applicant holds one or more residence documents the validity of which has expired or which were annulled, revoked or withdrawn less than three years before the application was registered, or one or more visas the validity of which has expired or which were annulled, revoked or withdrawn less than 18 months before the application was registered, paragraphs 1, 2 and 3 shall apply.

5.   The fact that the residence document or visa was issued on the basis of a false or assumed identity or on the submission of forged, counterfeit or invalid documents shall not prevent responsibility being allocated to the Member State which issued that residence document or visa. However, the Member State that issued the residence document or visa shall not be responsible if it can establish that fraud was committed after the document or visa was issued.

1.   Where the applicant is in possession of a diploma or qualification issued by an education establishment established in a Member State, that Member State shall be responsible for examining the application for international protection, provided that the application is registered less than six years after the diploma or qualification was issued.

2.   Where the applicant is in possession of more than one diploma or qualification issued by education establishments in different Member States, the responsibility for examining the application for international protection shall be assumed by the Member State which issued the diploma or qualification following the longest period of study or, where the periods of study are identical, by the Member State in which the most recent diploma or qualification was obtained.

1.   If a third-country national or a stateless person enters the territory of the Member States through a Member State in which the need for him or her to have a visa is waived, that Member State shall be responsible for examining his or her application for international protection.

2.   Paragraph 1 shall not apply if the application for international protection of the third-country national or the stateless person is registered in another Member State in which the need for him or her to have a visa for entry into the territory is also waived. In that case, that other Member State shall be responsible for examining the application for international protection.

1.   Where it is established, on the basis of proof or circumstantial evidence as described in the lists referred to in Article 40(4) of this Regulation, including the data referred to in Regulation (EU) 2024/1358, that an applicant has irregularly crossed the border into a Member State by land, sea or air from a third country, the first Member State that the applicant enters shall be responsible for examining the application for international protection. That responsibility shall cease if the application is registered more than 20 months after the date on which that border crossing took place.

2.   Notwithstanding the first paragraph of this Article, where it is established, on the basis of proof or circumstantial evidence as described in the lists referred to in Article 40(4) of this Regulation, including the data referred to in Regulation (EU) 2024/1358, that an applicant has been disembarked on the territory of a Member State following a search and rescue operation, that Member State shall be responsible for examining the application for international protection. That responsibility shall cease if the application is registered more than 12 months after the date on which that disembarkation took place.

3.   Paragraphs 1 and 2 of this Article shall not apply if it can be established, on the basis of proof or circumstantial evidence as described in the lists referred to in Article 40(4) of this Regulation, including the data referred to in Regulation (EU) 2024/1358, that the applicant was relocated to another Member State pursuant to Article 67 of this Regulation after having crossed the border. In that case, that other Member State shall be responsible for examining the application for international protection.

1.   Where, on account of pregnancy, having a new-born child, serious mental or physical illness, severe disability, severe psychological trauma or old age, an applicant is dependent on the assistance of his or her child, sibling or parent legally resident in one of the Member States, or his or her child, sibling or parent legally resident in one of the Member States is dependent on the assistance of the applicant, Member States shall normally keep or bring together the applicant with that child, sibling or parent, provided that family ties existed before the applicant arrived on the territory of the Member States, that the child, sibling or parent or the applicant is able to take care of the dependent person and that, having been informed of this possibility, the persons concerned expressed their desire to that effect in writing.

Where there are indications that a child, sibling or parent is legally resident on the territory of the Member State where the dependent person is present, that Member State shall verify whether the child, sibling or parent can take care of the dependent person, before making a take charge request pursuant to Article 39.

2.   Where the child, sibling or parent referred to in paragraph 1 is legally resident in a Member State other than the one where the applicant is present, the Member State responsible shall be the Member State where that child, sibling or parent is legally resident, unless the applicant’s health prevents him or her from travelling to that Member State for a significant period of time. In such a case, the Member State responsible shall be the Member State where the applicant is present. That Member State shall not be subject to the obligation to bring the child, sibling or parent of the applicant to its territory.

3.   The Commission is empowered to adopt delegated acts in accordance with Article 78 concerning:

4.   The Commission shall, by means of implementing acts, establish uniform methods for the consultation and exchange of information between Member States for the purposes of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 77(2).

1.   By way of derogation from Article 16(1), a Member State may decide to examine an application for international protection by a third-country national or a stateless person registered with it, even if such examination is not its responsibility according to the criteria laid down in this Regulation.

2.   The Member State in which an application for international protection is registered and which is carrying out the procedure for determining the Member State responsible, or the Member State responsible, may, at any time before a first decision regarding the substance is taken, request another Member State to take charge of an applicant in order to bring together any family relations, on humanitarian grounds based in particular on meaningful links regarding family, social or cultural considerations, even where that other Member State is not responsible according to the criteria laid down in Articles 25 to 28 and 34. The persons concerned shall express their consent to that effect in writing.

The take charge request shall contain all the material in the possession of the requesting Member State necessary to allow the requested Member State to assess the situation.

The requested Member State shall carry out any necessary checks to examine the humanitarian grounds referred to in the request, and shall reply to the requesting Member State within two months of receipt of the request using the electronic communication network set up under Article 18 of Regulation (EC) No 1560/2003. A refusal of the request shall state the reasons on which the refusal is based.

1.   The Member State responsible under this Regulation shall be obliged to:

2.   For the purposes of this Regulation, it shall not be possible to separate the situation of a minor who is accompanying the applicant and meets the definition of family member from that of his or her family member and the minor shall be taken charge of or taken back by the Member State responsible for examining the application for international protection of that family member, without the need for a written consent by the person concerned, even if the minor is not individually an applicant, unless it is demonstrated that this is not in the best interests of the child. The same shall apply to children born after the arrival of the applicant on the territory of the Member States, without the need to initiate a new procedure for taking charge of them.

Notwithstanding the requirement for written consent provided for in Article 26, where a new procedure for taking charge of a minor is initiated with regard to a Member State which is indicated as the Member State responsible pursuant to Article 26, no written consent shall be required by the persons concerned, unless it is demonstrated that the transfer to the Member State responsible is not in the best interests of the child.

3.   In the situations referred to in paragraph 1, points (a) and (b), of this Article the Member State responsible shall examine or complete the examination of the application for international protection in accordance with Regulation (EU) 2024/1348.

1.   Where a Member State issues a residence document to the applicant, decides to apply Article 35, considers that it is not in the best interests of the child to transfer an unaccompanied minor to the Member State responsible, or does not transfer the person concerned to the Member State responsible within the time limits set out in Article 46, that Member State shall become the Member State responsible and the obligations laid down in Article 36 shall be transferred to that Member State. Where applicable, it shall inform the Member State previously responsible, the Member State conducting a procedure for determining the Member State responsible or the Member State that has been requested to take charge of the applicant or that has received a take back notification, using the electronic communication network set up under Article 18 of Regulation (EC) No 1560/2003.

The Member State that becomes responsible pursuant to the first subparagraph of this paragraph shall indicate that it has become the Member State responsible pursuant to Article 16(3) of Regulation (EU) 2024/1358.

2.   Following an examination of an application in the border procedure pursuant to Regulation (EU) 2024/1348, the obligations laid down in Article 36(1) of this Regulation shall cease 15 months after a decision rejecting an application as inadmissible, unfounded or manifestly unfounded with regard to refugee status or subsidiary protection status or a decision declaring an application as implicitly or explicitly withdrawn has become final.

An application registered after the period referred to in the first subparagraph shall be regarded as a new application for the purposes of this Regulation, thereby giving rise to a new procedure for determining the Member State responsible.

3.   Notwithstanding the first subparagraph of paragraph 2 of this Article, where the person applies for international protection in another Member State within the period of 15 months referred to in that subparagraph and a take back procedure is pending at the date of expiration of that period of 15 months, responsibility shall not cease until that take back procedure is completed or the time limits for the transferring Member State to carry out the transfer in accordance with Article 46 have expired.

4.   The obligations laid down in Article 36(1) of this Regulation shall cease where the Member State responsible establishes, on the basis of data recorded and stored in accordance with Regulation (EU) 2017/2226 or other evidence, that the person concerned has left the territory of the Member States for at least nine months, unless the person concerned is in possession of a valid residence document issued by the Member State responsible.

An application registered after the period of absence referred to in the first subparagraph shall be regarded as a new application for the purposes of this Regulation, thereby giving rise to a new procedure for determining the Member State responsible.

5.   The obligation laid down in Article 36(1), point (b), of this Regulation to take back a third-country national or a stateless person shall cease where it is established, on the basis of the update of the data set referred to in Article 16(2), point (d), of Regulation (EU) 2024/1358, that the person concerned has left the territory of the Member States, on either a compulsory or a voluntary basis, in compliance with a return decision or removal order issued following the withdrawal or rejection of the application.

An application registered after an effective removal or voluntary return has taken place shall be regarded as a new application for the purposes of this Regulation, thereby giving rise to a new procedure for determining the Member State responsible.

1.   Each Member State shall communicate to any Member State that so requests personal data concerning a person covered by the scope of this Regulation that are adequate, relevant and limited to what is necessary for the purpose of:

2.   The information referred to in paragraph 1 shall include only:

3.   Provided that it is necessary for the examination of the application for international protection, the Member State responsible may request another Member State to inform it about the grounds on which the applicant bases his or her application and, where applicable, the grounds for any decisions taken concerning the applicant. Where the Member State responsible applies Article 55 of Regulation (EU) 2024/1348, that Member State may also request information enabling its competent authorities to establish whether new elements have arisen or have been presented by the applicant. The requested Member State may refuse to respond to the request, if the communication of such information is likely to harm its essential interests or the protection of the liberties and fundamental rights of the person concerned or of others. The applicant shall be informed by the requesting Member State in advance about the specific information requested and the reason for that request.

4.   Any request for information shall be sent only in the context of an individual application for international protection or transfer for the purposes of relocation. That request shall set out the grounds on which it is based and, where its purpose is to check whether there is a criterion that is likely to entail the responsibility of the requested Member State, shall state on what evidence it is based, including relevant information from reliable sources on the ways and means by which applicants enter the territories of the Member States, or on what specific and verifiable part of the applicant’s statements it is based. Such relevant information from reliable sources shall not in itself be sufficient to determine the responsibility and the competence of a Member State under this Regulation, but it may contribute to the evaluation of other indications relating to an individual applicant..

5.   The requested Member State shall be obliged to reply within three weeks. Any delays in the reply shall be duly justified. Failure to reply within three weeks shall not relieve the requested Member State of the obligation to reply. If that requested Member State withholds information which shows that it is responsible, that Member State may not invoke the expiry of the time limits provided for in Article 39 as a reason for refusing to comply with a request to take charge. In that case, the time limits provided for in Article 39 for submitting a request to take charge shall be extended by a period of time equivalent to the delay in the reply by the requested Member State.

6.   The exchange of information shall be carried out at the request of a Member State and may only take place between authorities whose designation by each Member State has been communicated to the Commission in accordance with Article 52(1).

7.   The information exchanged may be used only for the purposes set out in paragraph 1. In each Member State such information may, depending on its type and the powers of the recipient authority, only be communicated to the authorities and courts and tribunals entrusted with:

8.   The Member State which forwards the information shall ensure that the information is accurate and up-to-date. If it transpires that the Member State has forwarded information which is inaccurate or which should not have been forwarded, the recipient Member States shall be informed thereof immediately. They shall be obliged to correct such information or to have it erased.

9.   In each Member State concerned, a record shall be kept, in the individual file for the person concerned or in a register, of the transmission and receipt of information exchanged.

1.   Each Member State shall notify the Commission without delay of the competent authorities responsible for fulfilling the obligations under this Regulation, and any amendments thereto. Member States shall ensure that those authorities have the necessary human, material and financial resources for carrying out their tasks relating to the application of the procedures for determining the Member State responsible for examining an application for international protection in a rapid and efficient manner, and in particular for safeguarding procedural and fundamental rights, ensuring a swift procedure for reuniting family members and relatives present in different Member States, replying within the prescribed time limits to requests for information, take charge requests and take back notifications and, where applicable, complying with their obligations under Part IV.

2.   The Commission shall publish a consolidated list of the authorities referred to in paragraph 1 in the Official Journal of the European Union. Where there are changes to that list, the Commission shall publish an updated consolidated list once a year.

3.   Member States shall ensure that the staff of the authorities referred to in paragraph 1 receive the necessary training with respect to the application of this Regulation.

4.   The Commission shall, by means of implementing acts, establish secure electronic communication channels between the authorities referred to in paragraph 1 and between those authorities and the Asylum Agency for transmitting information, biometric data taken in accordance with Regulation (EU) 2024/1358, requests, notifications, replies and any other written correspondence and for ensuring that senders automatically receive electronic proof of delivery. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 77(2).

1.   Member States may, on a bilateral basis, establish administrative arrangements between themselves concerning the practical details for the implementation of this Regulation, in order to facilitate its application and increase its effectiveness. Such arrangements may relate to:

2.   Member States may also maintain the administrative arrangements concluded under Council Regulation (EC) No 343/2003 (41) and Regulation (EU) No 604/2013. To the extent that such arrangements are not compatible with this Regulation, the Member States concerned shall amend those arrangements in such a way as to eliminate any incompatibilities.

3.   Before concluding or amending any arrangement as referred to in paragraph 1, point (b), the Member States concerned shall consult the Commission as to the compatibility of the arrangement with this Regulation.

4.   Where the Commission considers the arrangements referred to in paragraph 1, point (b), to be incompatible with this Regulation, it shall, within a reasonable period, notify the Member States concerned. The Member States concerned shall take all appropriate steps to amend the arrangement concerned within a reasonable time in such a way as to eliminate any such incompatibilities.

5.   Member States shall notify the Commission of all arrangements referred to in paragraph 1, and of any denunciation thereof, or amendment thereto.

1.   In order to facilitate the proper functioning of the mechanisms set up under this Regulation and resolve difficulties in the application thereof, where two or more Member States encounter difficulties in their cooperation under this Regulation or in its application between them, the Member States concerned shall, upon request by one or more of them, hold consultations without delay with a view to finding appropriate solutions within a reasonable time, in accordance with the principle of sincere cooperation as enshrined in Article 4(3) TEU.

Where appropriate, information about the difficulties encountered and the solution found may be shared with the Commission and with the other Member States within the committee referred to in Article 77.

2.   Where no solution is found under paragraph 1 or where the difficulties persist, one or more of the Member States concerned may request the Commission to hold consultations with the Member States concerned with a view to finding appropriate solutions. The Commission shall hold such consultations without delay. The Member States concerned shall actively participate in the consultations. The Member States and the Commission shall take all appropriate measures to promptly resolve the matter. The Commission may adopt recommendations addressed to the Member States concerned indicating the measures to be taken and the appropriate deadlines.

Where appropriate, information about the difficulties encountered, the recommendations made and the solution found may be shared with the other Member States within the committee referred to in Article 77.

The procedure set out in this Article shall not affect the time limits set out in this Regulation in individual cases.

3.   This Article shall be without prejudice to the powers of the Commission to oversee the application of Union law under Articles 258 and 260 TFEU. It shall also be without prejudice to the possibility for the Member States concerned to submit their dispute to the Court of Justice of the European Union in accordance with Article 273 TFEU or to the possibility for any Member State to bring the matter before the Court in accordance with Article 259 TFEU.

1.   The Annual Solidarity Pool, which shall include the contributions set out in the Council implementing act referred to in Article 57 as pledged by the Member States during the meeting of the High-Level Forum, shall serve as the main solidarity response tool for Member States under migratory pressure on the basis of the needs identified in the Commission proposal referred to in Article 12.

2.   The Annual Solidarity Pool shall consist of the following types of solidarity measures, which shall be considered of equal value:

Actions in or in relation to third countries referred to in the first subparagraph, point (b), of this paragraph shall be implemented by benefitting Member States in accordance with the scope and objectives of this Regulation and of Regulation (EU) 2021/1147.

3.   Financial contributions referred to in paragraph 2, point (b), for projects in third countries shall, in particular, focus on:

1.   On the basis of the Commission proposal referred to in Article 12 and in accordance with the pledging exercise carried out in the High-Level Forum referred to in Article 13, the Council shall adopt, on an annual basis, before the end of each calendar year, an implementing act establishing the Annual Solidarity Pool, including, the reference number of required relocations and financial contributions for the Annual Solidarity Pool at Union level and the specific pledges that each Member State has made for each type of solidarity contribution referred to in Article 56(2) during the High-Level Forum meeting referred to in Article 13. The Council shall adopt the implementing act referred to in this paragraph by qualified majority. The Council may amend the Commission proposal referred to in Article 12 by qualified majority.

2.   The Council implementing act referred to in paragraph 1 of this Article shall, where necessary also set out the indicative percentage of the Annual Solidarity Pool that may be made available to Member States under migratory pressure as a result of large number of arrivals stemming from recurring disembarkations following search and rescue operations, taking into account the geographical specificities of the Member States concerned. It may also identify other forms of solidarity as set out in Article 56(2), point (c), depending on the needs for such measures arising from the specific challenges in the area of migration in the Member States concerned.

3.   During the High-Level Forum meeting referred to in Article 13, Member States shall come to a conclusion regarding an overall reference number for each solidarity measure in the Annual Solidarity Pool, based on the Commission proposal referred to in Article 12. During that meeting, the Member States shall also pledge their contributions to the Annual Solidarity Pool, in accordance with paragraph 4 of this Article and the mandatory fair share calculated according to the reference key set out in Article 66.

4.   In implementing paragraph 3 of this Article, Member States shall have full discretion in choosing between the types of solidarity measures listed in Article 56(2), or a combination thereof. Member States pledging alternative solidarity measures shall indicate the financial value of such measures, based on objective criteria. Where the alternative solidarity measures are not identified in the Commission proposal referred to in Article 12, Member States may still pledge such measures. Where such measures are not requested by the benefitting Member States in a given year, they shall be converted into financial contributions.

1.   A Member State that has been identified in a decision as referred to in Article 11 as being under migratory pressure shall, after the adoption of the Council implementing act referred to in Article 57, inform the Commission and the Council where it intends to make use of the Annual Solidarity Pool. The Commission shall inform the European Parliament thereof.

2.   The Member State concerned shall include information on the type and level of solidarity measures referred to in Article 56(2) needed to address the situation, including where relevant any use made of the components of the Permanent EU Migration Support Toolbox. Where that Member State intends to make use of financial contributions, it shall also identify the Union spending programmes concerned.

3.   Following the receipt of the information referred to in paragraph 2, the Member State concerned shall have access to the Annual Solidarity Pool in accordance with Article 60. The EU Solidarity Coordinator shall without delay and in any event within 10 days of receiving the information convene the Technical-Level Forum to operationalise the solidarity measures.

1.   Where a Member State has not been identified in a decision as referred to in Article 11 as being under migratory pressure but considers itself to be under migratory pressure, it shall notify the Commission of its need to make use of the Annual Solidarity Pool and inform the Council thereof. The Commission shall inform the European Parliament thereof.

2.   The notification referred to in paragraph 1 shall include:

3.   The Asylum Agency, the European Border and Coast Guard Agency and the European Union Agency for Fundamental Rights as well as the Member State concerned, shall, where requested by the Commission, assist the Commission in drawing up an assessment of the migratory pressure.

4.   The Commission shall expeditiously assess the notification, taking into account the information set out in Articles 9 and 10, whether the notifying Member State was identified as being at risk of migratory pressure in the decision referred to in Article 11, the overall situation in the Union, the situation in the notifying Member State during the preceding 12 months, and the needs expressed by the notifying Member State, and adopt a decision whether to consider the Member State as being under migratory pressure. Where the Commission decides that that Member State is under migratory pressure, the Member State concerned shall become a benefitting Member State, unless it is denied access to benefit from the Annual Solidarity Pool in accordance with paragraph 6 of this Article.

5.   The Commission shall transmit its decision to the Member State concerned, the European Parliament and the Council without delay.

6.   Where the Commission decision establishes that the notifying Member State is under migratory pressure, the EU Solidarity Coordinator shall convene the Technical-Level Forum without delay and within two weeks of the transmission of the Commission decision to the Member State concerned, the European Parliament and the Council, to operationalise the solidarity measures. The EU Solidarity Coordinator shall convene the Technical-Level Forum unless the Commission considers, or the Council decides by way of an implementing act adopted within two weeks of the transmission of the Commission decision to the Member State concerned, the European Parliament and the Council, that there is insufficient capacity in the Annual Solidarity Pool for the Member State concerned to be allowed to benefit from the Annual Solidarity Pool or that there are other objective reasons for not allowing that Member State to benefit from the Annual Solidarity Pool.

7.   Where the Council decides that there is insufficient capacity in the Annual Solidarity Pool, Article 13(4) shall apply and the High-Level Forum shall be convened no later than one week after the Commission decision.

In the case of a Commission decision rejecting a request by a Member State to be considered to be under migratory pressure, the notifying Member State may submit a new notification to the Commission and the Council with additional relevant information.

1.   In the Technical-Level Forum, Member States shall cooperate among themselves and with the Commission to ensure an effective and efficient operationalisation of the solidarity contributions in the Annual Solidarity Pool for the year concerned, in a balanced and timely manner, in light of the needs identified and assessed and the solidarity contributions available.

2.   The EU Solidarity Coordinator, taking into account developments in the migratory situation, shall coordinate the operationalisation of the solidarity contributions to ensure a balanced distribution of the solidarity contributions available among the benefitting Member States.

3.   With the exception of the implementation of financial contributions, in operationalising the solidarity measures identified, Member States shall implement their pledged solidarity contributions referred to in Article 56 for a given year before the end of that year, without prejudice to Article 65(3) and Article 67(12).

Contributing Member States shall implement their pledges in proportion to their overall pledge to the Annual Solidarity Pool for a given year before the end of the year.

Member States which have been granted a full deduction of solidarity contributions in accordance with Article 61 or 62 or are themselves benefitting Member States pursuant to Article 58(1) and Article 59(4) are not obliged to implement their pledged solidarity contributions referred to in Article 56(2) for a given year.

Contributing Member States shall not be required to implement their pledges made pursuant to Article 56(2) or to apply responsibility offsets pursuant to Article 63 towards a benefitting Member State, where the Commission has identified, in a decision as referred to in Article 11 or Article 59(4), systemic shortcomings in that benefitting Member State with regard to the rules set out in Part III of this Regulation that could result in serious negative consequences for the functioning of this Regulation.

4.   During the first meeting of the Technical-Level Forum in the annual cycle, contributing and benefitting Member States may express reasonable preferences, in light of the needs identified, for the profiles of available relocation candidates and a potential planning for the implementation of their solidarity contributions, taking into account the need for urgent actions for the benefitting Member States.

The EU Solidarity Coordinator shall facilitate interaction and cooperation between the Member States on those aspects.

When implementing relocations, Member States shall give primary consideration to the relocation of vulnerable persons.

5.   The Union bodies, offices and agencies competent in the field of asylum and border and migration management shall, when requested and within their respective mandates, provide support to the Member States and the Commission, with a view to ensuring the proper implementation and functioning of this Part. Such support may take the form of analyses, expertise and operational support. The EU Solidarity Coordinator shall coordinate any assistance by experts or teams deployed by the Asylum Agency, the European Border and Coast Guard Agency or any other Union body, office or agency, in relation to the operationalisation of the solidarity contributions.

6.   Each year in January from 2025 and onwards, Member States shall confirm to the EU Solidarity Coordinator the levels of each solidarity measure implemented during the preceding year.

1.   A Member State that is identified in a decision as referred to in Article 11 as being under migratory pressure or that considers itself to be under migratory pressure and which has not made use of the Annual Solidarity Pool in accordance with Article 58 or notified the need to use the Annual Solidarity Pool in accordance with Article 59, may, at any time, request a partial or full deduction of its pledged contributions set out in the Council implementing act referred to in Article 57.

The Member State concerned shall submit its request to the Commission. For information purposes, the Member State concerned shall transmit its request to the Council.

2.   Where the requesting Member State referred to in paragraph 1 of this Article is a Member State that is not identified in a decision as referred to in Article 11 as being under migratory pressure, but considers itself to be under migratory pressure, that Member State shall include in its request:

When assessing such a request, the Commission shall also take into account the information set out in Articles 9 and 10.

3.   The Commission shall inform the Council of its assessment of the request within four weeks following the receipt of the request submitted in accordance with this Article. The Commission shall also inform the European Parliament of that assessment.

4.   Following the receipt of the Commission’s assessment, the Council shall adopt an implementing act to determine whether the Member State is authorised to derogate from the Council implementing act referred to in Article 57.

1.   A Member State that is identified in a decision as referred to in Article 11 as facing a significant migratory situation or considers itself to be facing a significant migratory situation, may at any time request a partial or full deduction of its pledged contributions set out in the Council implementing act referred to in Article 57.

The Member State concerned shall submit its request to the Commission. For information purposes, the Member State concerned shall transmit its request to the Council.

2.   Where the requesting Member State is identified in a decision as referred to in Article 11 as facing a significant migratory situation, the request shall include:

3.   Where the requesting Member State is not identified in a decision as referred to in Article 11 as facing a significant migratory situation, but considers itself as facing a significant migratory situation, the request shall in addition to the information referred to in paragraph 2 of this Article include also a duly substantiated reasoning on the significance of the migratory situation in the requesting Member State. When assessing such a request, the Commission shall also take into account the information set out in Articles 9 and 10 and whether the Member State was identified as being at risk of migratory pressure in a decision as referred to in Article 11.

4.   The Commission shall inform the Council of its assessment of the request within four weeks following the receipt of the request submitted in accordance with this Article. The Commission shall also inform the European Parliament of that assessment.

5.   Following the receipt of the Commission’s assessment, the Council shall adopt an implementing act to determine whether the Member State is authorised to derogate from the Council implementing act referred to in Article 57.

1.   Where the relocation pledges to the Annual Solidarity Pool set out in the Council implementing act referred to in Article 57 are equal to or above 50 % of the number indicated in the Commission proposal referred to in Article 12, a benefitting Member State may request the other Member States to take responsibility for examining applications for international protection for which the benefitting Member State has been determined as responsible instead of relocations in accordance with the procedure set out in Article 69.

2.   A contributing Member State may indicate to benefitting Member States its willingness to take responsibility for examining applications for international protection for which a benefitting Member State has been determined as responsible instead of relocations:

Where a contributing Member State has indicated such willingness and the benefitting Member State agrees, the benefitting Member State shall apply the procedure set out in Article 69.

3.   The contributing Member States shall take responsibility for applications for international protection for which the benefitting Member State has been determined as responsible up to the higher of the two numbers referred to in points (a) and (b) of this paragraph where, following the meeting of the High-Level Forum convened in accordance with Article 13(4), the relocation pledges to the Annual Solidarity Pool set out in the Council implementing act referred to in Article 57 are:

4.   Paragraph 3 of this Article also applies where the pledges to be implemented during a given year fall below the higher of the two numbers referred to in points (a) or (b) of that paragraph as a result of full or partial deductions granted in accordance with Article 61 or 62 or because benefitting Member States as referred to in Articles 58(1) and 59(4) are not obliged to implement their pledged solidarity contributions for a given year.

5.   A contributing Member State which has not implemented its pledges or accepted relocations pursuant to Article 67(9) equal to its pledged relocations as referred to in Article 57(3) by the end of the given year shall, at the request of the benefitting Member State, take responsibility for applications for international protection for which the benefitting Member State has been determined as responsible up to the number of relocations pledged in accordance with Article 57(3) as soon as possible after the end of a given year.

6.   The contributing Member State shall identify the individual applications for which it takes responsibility pursuant to paragraphs 2 and 3 of this Article, and shall inform the benefitting Member State, using the electronic communication network set up under Article 18 of Regulation (EC) No 1560/2003.

The contributing Member State shall become the Member State responsible for the identified applications and shall indicate its responsibility pursuant to Article 16(3) of Regulation (EU) 2024/1358.

7.   Member States shall not be obliged to take responsibility pursuant to the first subparagraph of paragraph 6 of this Article beyond their fair share calculated according to the reference key set out in Article 66.

8.   This Article shall only apply where:

9.   The contributing Member State may apply this Article to third-country nationals or stateless persons whose applications have been finally rejected in the benefitting Member State. Articles 55 and 56 of Regulation (EU) 2024/1348 shall apply.

1.   Financial contributions shall consist of transfers of amounts from the contributing Member States to the Union budget and shall constitute external assigned revenue in accordance with Article 21(5) of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council (42). Financial contributions shall be used for the purpose of implementing the actions of the Annual Solidarity Pool referred to in Article 56(2), point (b) of this Regulation.

2.   Benefitting Member States shall identify actions which may be funded by the financial contributions referred to in paragraph 1 of this Article and submit them to the Technical-Level Forum. The Commission shall liaise closely with benefitting Member States with a view to ensuring that those actions correspond to the objectives set out in Article 56(2), point (b), and Article 56(3). The EU Solidarity Coordinator shall maintain an inventory of the actions and make it available through the Technical-Level Forum.

3.   The Commission shall adopt an implementing act concerning rules on the operation of the financial contributions. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 77(2).

4.   Where the amount referred to in Article 57(1) of this Regulation is not fully allocated, the remaining amount may be added to the amount referred to in Article 10(2), point (b), of Regulation (EU) 2021/1147.

5.   Member States shall report to the Commission and to the Technical-Level Forum on the progress in the implementation of actions financed by financial contributions pursuant to this Article.

6.   The Commission shall include in its Report referred to in Article 9 information on the implementation of actions financed by financial contributions pursuant to this Article, including on issues that might affect the implementation and any measure taken to address them.

1.   Contributions in the form of alternative solidarity measures shall be based on a specific request of the benefitting Member State. Such contributions shall be counted as financial solidarity, and their concrete value shall be established, jointly, in a realistic manner, by the contributing and the benefitting Member States concerned and communicated to the EU Solidarity Coordinator before those contributions are implemented.

2.   Member States shall provide alternative solidarity measures only in addition to, and without duplicating, those provided by operations of Union bodies, offices and agencies or by Union funding in the field of asylum and migration management in the benefitting Member States. Member States shall only provide alternative solidarity measures in addition to what they are required to contribute through Union bodies, offices and agencies.

3.   The benefitting and the contributing Member States shall finalise the implementation of agreed alternative solidarity measures even if the relevant implementing acts have expired.

1.   The procedure set out in this Article shall apply to the relocation of persons referred to in Article 56(2), point (a).

2.   Before applying the procedure set out in this Article, the benefitting Member State shall ensure that there are no reasonable grounds to consider that the person concerned poses a threat to internal security. If there are reasonable grounds to consider that the person poses a threat to internal security, before or during the procedure set out in this Article, including where a threat to internal security has been determined in accordance with Article 15 of Regulation (EU) 2024/1356, the benefitting Member State shall not apply or shall immediately terminate the procedure set out in this Article. The benefitting Member State shall exclude the person concerned from any future relocation or transfer to any Member State. Where the person concerned is an applicant for international protection, the benefitting Member State shall be the Member State responsible in accordance with Article 16(4) of this Regulation.

3.   Where relocation is to be carried out, the benefitting Member State shall identify the persons who could be relocated. Upon request of the benefitting Member State, the Asylum Agency shall support the benefitting Member State in the identification of persons to be relocated and in their matching with Member States of relocation in accordance with Article 2(1), point (k), of Regulation (EU) 2021/2303.

The Member State shall take into account, where applicable, the existence of meaningful links such as those based on family or cultural considerations, between the person concerned and the Member State of relocation. For that purpose, the benefitting Member State shall give the persons to be relocated the opportunity to provide information on the existence of meaningful links with specific Member States and to present relevant information and documentation to determine those links. That opportunity shall not imply a right to choose a specific Member State of relocation pursuant to this Article.

4.   For the purpose of identifying persons to be relocated and matching them with the Member States of relocation, benefitting Member States may use tools developed by the EU Solidarity Coordinator.

Applicants who do not have meaningful links to any Member State shall be fairly shared among the remaining Member States of relocation.

Where the identified person to be relocated is a beneficiary for international protection, the person concerned shall be relocated only after that person has consented to the relocation in writing.

5.   Where relocation is to be carried out, the benefitting Member State shall inform the persons referred to in paragraph 1 of this Article of the procedure set out in this Article and Article 68, as well as, where applicable, of the obligations set out in Article 17(3), (4) and (5) and the consequences of non-compliance set out in Article 18.

The first subparagraph of this paragraph shall not apply to applicants for whom the benefitting Member State can be determined as the Member State responsible pursuant to the criteria set out in Articles 25 to 28 and 34, with the exception of Article 25(5). Such applicants shall not be eligible for relocation.

6.   Member States shall ensure that family members are relocated to the territory of the same Member State.

7.   In the cases referred to in paragraphs 2 and 3, the benefitting Member State shall transmit to the Member State of relocation as quickly as possible all relevant information and documents on the person concerned by using a standard form, in order, inter alia, to enable the authorities of the Member State of relocation to check whether there are grounds to consider that the person concerned poses a threat to internal security.

8.   The Member State of relocation shall examine the information transmitted by the benefitting Member State pursuant to paragraph 7, and verify that there are no reasonable grounds to consider that the person concerned poses a threat to internal security. The Member State of relocation may choose to verify that information via a personal interview with the person concerned. The person concerned shall be duly informed about the nature and the purpose of such interview. The personal interview shall take place within the time limits provided for in paragraph 9.

9.   Where there are no reasonable grounds to consider that the person concerned poses a threat to internal security, the Member State of relocation shall confirm that it will relocate the person concerned within one week of receipt of the relevant information from the benefitting Member State.

Where the checks confirm that there are reasonable grounds to consider that the person concerned poses a threat to internal security, the Member State of relocation shall inform the benefitting Member State, within one week of receipt of the relevant information from that Member State of the nature of and underlying elements for an alert from any relevant database. In such cases, relocation of the person concerned shall not take place.

In exceptional cases, where it can be demonstrated that the examination of the information is particularly complex or that a large number of cases need checking at the same time, the Member State of relocation may give its reply after the one-week time limit mentioned in the first and second subparagraphs, but in any event within two weeks. In such situations, the Member State of relocation shall communicate its decision to postpone a reply to the benefitting Member State within the original one-week time limit.

Failure to act within the one-week period mentioned in the first and second subparagraphs or the two-week period mentioned in the third subparagraph shall be tantamount to confirming the receipt of the information, and entail the obligation to relocate the person concerned, including the obligation to provide for proper arrangements for arrival.

10.   The benefitting Member State shall take a transfer decision within one week of the confirmation by the Member State of relocation. It shall notify the person concerned in writing without delay of the decision to transfer him or her to that Member State at the latest two days before the transfer in the case of applicants and one week before the transfer in the case of beneficiaries.

Where the person to be relocated is an applicant, he or she shall comply with the relocation decision.

11.   The transfer of the person concerned from the benefitting Member State to the Member State of relocation shall be carried out in accordance with the national law of the benefitting Member State, after consultation between the Member States concerned, as soon as practically possible, and within 4 weeks of the confirmation by the Member State of relocation or of the final decision on an appeal or review of a transfer decision with suspensive effect in accordance with Article 43(3).

12.   The benefitting Member States and the Member States of relocation shall continue the process of relocation even after the timeframe for the implementation or the validity of Council implementing acts referred to in Articles 57, 61 and 62 has expired.

13.   Article 42(3), (4) and (5), Articles 43 and 44, Article 46(1) and (3), Article 47(2) and (3), and Articles 48 and 50 shall apply mutatis mutandis to the relocation procedure.

The benefitting Member State carrying out the transfer of a beneficiary of international protection shall transmit to the Member State of relocation all the information referred to in Article 51(2), information on the grounds on which the beneficiary based his or her application, and the grounds for any decisions taken concerning the beneficiary.

14.   The Commission shall, by means of implementing acts, establish uniform methods for the preparation and submission of information and documents for the purposes of relocation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 77(2). In the preparation of those implementing acts, the Commission may consult the Asylum Agency.

1.   The Member State of relocation shall inform the benefitting Member State, the Asylum Agency and the EU Solidarity Coordinator of the safe arrival of the person concerned or of the fact that he or she did not appear within the set time limit.

2.   Where the Member State of relocation has relocated an applicant for whom the Member State responsible has not yet been determined, the Member State of relocation shall apply the procedures set out in Part III, with the exception of Article 16(2), Article 17(1) and (2), Article 25(5), Article 29, Article 30 and Article 33(1) and (2).

Where no Member State responsible can be determined under the first subparagraph of this paragraph, the Member State of relocation shall be responsible for examining the application for international protection.

The Member State of relocation shall indicate its responsibility in Eurodac pursuant to Article 16(1) of Regulation (EU) 2024/1358.

3.   Where an applicant, for whom the benefitting Member State was previously determined as responsible on other grounds than the criteria referred to in Article 67(5), second subparagraph, has been relocated, the responsibility for examining the application for international protection shall be transferred to the Member State of relocation.

Responsibility for examining any further representations or any subsequent application of the person concerned in accordance with Articles 55 and 56 of Regulation (EU) 2024/1348 shall also be transferred to the Member State of relocation.

The Member State of relocation shall indicate its responsibility in Eurodac pursuant to Article 16(3) of Regulation (EU) 2024/1358.

4.   Where a beneficiary for international protection has been relocated, the Member State of relocation shall automatically grant international protection status respecting the status granted by the benefitting Member State.

1.   Where a benefitting Member State requests another Member State to take responsibility for examining a number of applications for international protection pursuant to Article 63(1) and (2), it shall transmit its request to the contributing Member State and include the number of applications for international protection to be taken responsibility for instead of relocations.

2.   The contributing Member State shall reply to the request within 30 days of receipt of that request.

The contributing Member State may decide to accept to take responsibility for examining a lower number of applications for international protection than requested by the benefitting Member State.

3.   The Member State which has accepted a request pursuant to paragraph 2 of this Article shall identify the individual applications for international protection for which it takes responsibility and shall indicate its responsibility pursuant to Article 16(3) of Regulation (EU) 2024/1358.