Regulation (EU) 2024/1351 of the European Parliament and of the Council of 14 May 2024 on asylum and migration management, amending Regulations (EU) 2021/1147 and (EU) 2021/1060 and repealing Regulation (EU) No 604/2013

Type Regulation
Publication 2024-05-22
State In force
Department Council of the European Union, European Parliament
Source EUR-Lex
articles 85
Reform history JSON API

PART I

SUBJECT MATTER AND DEFINITIONS

Article 1

Subject matter

In accordance with the principle of solidarity and fair sharing of responsibility, as enshrined in Article 80 TFEU, and with the objective of reinforcing mutual trust, this Regulation:

  • (a) sets out a common framework for the management of asylum and migration in the Union, and for the functioning of the Common European Asylum System;
  • (b) establishes a mechanism for solidarity;
  • (c) lays down the criteria and mechanisms for determining the Member State responsible for examining an application for international protection.

Article 2

Definitions

For the purposes of this Regulation, the following definitions apply:

  • (1) ‘third-country national’ means a person who is not a citizen of the Union within the meaning of Article 20(1) TFEU and who is not a person enjoying the right to free movement under Union law as defined in Article 2, point (5), of Regulation (EU) 2016/399 of the European Parliament and of the Council ([^E0001]);
  • (2) ‘stateless person’ means a person who is not considered to be a national by any State under the operation of its law;
  • (3) ‘application for international protection’ or ‘application’ means a request for protection from a Member State made by a third-country national or a stateless person, who can be understood to be seeking refugee status or subsidiary protection status;
  • (4) ‘applicant’ means a third-country national or a stateless person who has made an application for international protection in respect of which a final decision has not yet been taken;
  • (5) ‘examination of an application for international protection’ means examination of the admissibility or the merits of an application for international protection in accordance with Regulations (EU) 2024/1348 and (EU) 2024/1347, excluding procedures for determining the Member State responsible in accordance with this Regulation;
  • (6) ‘withdrawal of an application for international protection’ means either the explicit or implicit withdrawal of an application for international protection in accordance with Regulation (EU) 2024/1347;
  • (7) ‘beneficiary of international protection’ means a third-country national or a stateless person who has been granted international protection as defined in Article 3, point (4), of Regulation (EU) 2024/1347;
  • (8) ‘family member’ means, insofar as the family already existed before the applicant or the family member arrived on the territory of the Member States, the following members of the applicant’s family who are present on the territory of a Member State:
  • (a) the spouse of the applicant or the applicant’s unmarried partner in a stable relationship, where the law or practice of the Member State concerned treats unmarried couples in a way comparable to married couples under its law relating to third-country nationals;
  • (b) a minor child of couples referred to in point (a) or of the applicant, provided that that child is unmarried and regardless of whether that child was born in or out of wedlock or adopted as defined under national law;
  • (c) where the applicant is a minor and unmarried, the father, mother or another adult responsible for the applicant, whether by law or by the practice of the Member State where the adult is present;
  • (d) where the beneficiary of international protection is a minor and unmarried, the father, mother or another adult responsible for that beneficiary, whether by law or by the practice of the Member State where the beneficiary is present;
  • (9) ‘relative’ means the applicant’s adult aunt or uncle or grandparent who is present in the territory of a Member State, regardless of whether the applicant was born in or out of wedlock or adopted as defined under national law;
  • (10) ‘minor’ means a third-country national or a stateless person below the age of 18 years;
  • (11) ‘unaccompanied minor’ means a minor who arrives on the territory of the Member States unaccompanied by an adult responsible for him or her, whether by law or practice of the Member State concerned, and for as long as that minor is not effectively taken into the care of such an adult, including a minor who is left unaccompanied after he or she has entered the territory of the Member States;
  • (12) ‘representative’ means a person or an organisation appointed by the competent bodies in order to assist and represent an unaccompanied minor in procedures provided for in this Regulation with a view to ensuring the best interests of the child and exercising legal capacity for the minor where necessary;
  • (13) ‘residence document’ means an authorisation issued by the authorities of a Member State authorising a third-country national or a stateless person to stay on its territory, including the documents substantiating the authorisation to remain on the territory under temporary protection arrangements or until the circumstances preventing a removal order from being carried out no longer apply, with the exception of visas and residence authorisations issued during the period required to determine the Member State responsible according to this Regulation or during the examination of an application for international protection or an application for a residence permit;
  • (14) ‘visa’ means the authorisation or decision of a Member State required for transit or entry for an intended stay in that Member State or in several Member States, including:
  • (a) an authorisation or decision issued in accordance with Union law or national law required for entry for an intended stay in that Member State of more than 90 days;
  • (b) an authorisation or decision issued in accordance with Union law or national law required for entry for transit through or an intended stay in that Member State not exceeding 90 days in any 180-day period;
  • (c) an authorisation or decision valid for transit through the international transit areas of one or more airports of the Member States;
  • (15) ‘diploma or qualification’ means a diploma or qualification which is obtained and attested in a Member State after a period of at least one academic year of study on the territory of a Member State in a recognised state or regional programme of education or vocational training at least equivalent to level 2 of the International Standard Classification of Education, operated by an education establishment pursuant to the legislative, regulatory or administrative provisions of that Member State and excluding online training or other forms of distance learning;
  • (16) ‘education establishment’ means a public or private education or vocational training establishment established in and recognised by a Member State in accordance with its national law or administrative practice on the basis of transparent criteria;
  • (17) ‘absconding’ means the action by which a person concerned does not remain available to the competent administrative or judicial authorities such as by:
  • (a) leaving the territory of a Member State without permission from the competent authorities for reasons which are not beyond the person's control;
  • (b) failing to notify absence from a particular accommodation centre, or assigned area of residence, where so required by a Member State; or
  • (c) failing to present him- or herself to the competent authorities, where so required by those authorities;
  • (18) ‘risk of absconding’ means the existence of specific reasons and circumstances in an individual case, which are based on objective criteria defined by national law, to believe that a person concerned who is subject to procedures set out in this Regulation might abscond;
  • (19) ‘benefitting Member State’ means a Member State benefitting from solidarity contributions as set out in Part IV of this Regulation;
  • (20) ‘contributing Member State’ means a Member State that provides or is obliged to provide solidarity contributions to a benefitting Member State as set out in Part IV of this Regulation;
  • (21) ‘transfer’ means the implementation of a decision taken pursuant to Article 42;
  • (22) ‘relocation’ means the transfer of an applicant or a beneficiary of international protection from the territory of a benefitting Member State to the territory of a contributing Member State;
  • (23) ‘search and rescue operations’ means operations of search and rescue as referred to in the International Convention on Maritime Search and Rescue adopted in Hamburg on 27 April 1979;
  • (24) ‘migratory pressure’ means a situation brought about by arrivals by land, sea or air or applications of third-country nationals or stateless persons, that are of such a scale that they create disproportionate obligations on a Member State, taking into account the overall situation in the Union, even on a well-prepared asylum, reception and migration system and require immediate action, in particular solidarity contributions pursuant to Part IV of this Regulation; taking into account the specificities of the geographical location of a Member State, ‘migratory pressure’ covers situations where there is a large number of arrivals of third-country nationals or stateless persons or a risk of such arrivals, including where such arrivals stem from recurring disembarkations following search and rescue operations, or from unauthorised movements of third-country nationals or stateless persons between the Member States;
  • (25) ‘significant migratory situation’ means a situation different from migratory pressure where the cumulative effect of current and previous annual arrivals of third-country nationals or stateless persons leads a well-prepared asylum, reception and migration system to reach the limits of its capacity;
  • (26) ‘reception conditions’ means reception conditions as defined in Article 2, point (6), of Directive (EU) 2024/1346;
  • (27) ‘admitted person’ means a person whom a Member State has accepted for admission pursuant to Regulation (EU) 2024/1350 or under a national resettlement scheme outside the framework of that Regulation;
  • (28) ‘EU Solidarity Coordinator’ means the person appointed by the Commission pursuant to and with the mandate defined in Article 15 of this Regulation.

PART II

COMMON FRAMEWORK FOR ASYLUM AND MIGRATION MANAGEMENT

CHAPTER I The comprehensive approach

Article 3

Comprehensive approach to asylum and migration management

1.

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

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

  • (a) to ensure consistency between asylum and migration management policies in managing migration flows to the Union;
  • (b) to address the relevant migratory routes, and unauthorised movements between the Member States.
2.

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

Article 4

Internal components of the comprehensive approach

With a view to achieving the objectives set out in Article 3 of this Regulation, the internal components of the comprehensive approach shall consist of the following elements:

  • (a) close cooperation and mutual partnership among Union institutions, bodies, offices and agencies, Member States and international organisations;
  • (b) effective management of the external borders of Member States, based on the European integrated border management as set out in Article 3 of Regulation (EU) 2019/1896 of the European Parliament and of the Council ([^E0002]);
  • (c) full respect for the obligations laid down in international and Union law with regard to persons rescued at sea;
  • (d) swift and effective access to a fair and efficient procedure for international protection on the territory of the Member States, including at the external borders of Member States, in the territorial sea or in the transit zones of the Member States and recognition of third-country nationals or stateless persons as refugees or beneficiaries of subsidiary protection, in accordance with Regulation (EU) 2024/1348 and Regulation (EU) 2024/1347;
  • (e) determination of the Member State responsible for the examination of an application for international protection;
  • (f) effective measures to reduce incentives for and to prevent unauthorised movements of third-country nationals and stateless persons between Member States;
  • (g) access for applicants to adequate reception conditions, in accordance with Directive (EU) 2024/1346;
  • (h) effective management of the return of illegally staying third-country nationals in accordance with Directive 2008/115/EC of the European Parliament and of the Council ([^E0003]);
  • (i) effective measures to provide incentives and support for the integration of beneficiaries of international protection in the Member States;
  • (j) measures aimed at fighting exploitation and reducing illegal employment in line with Directive 2009/52/EC of the European Parliament and of the Council ([^E0004]);
  • (k) where applicable, deployment and use of the operational tools set up at Union level, including by the European Border and Coast Guard Agency and the European Union Agency for Asylum (the ‘Asylum Agency’), and the Union information systems operated by the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA).

Article 5

External components of the comprehensive approach

With a view to achieving the objectives set out in Article 3, the Union and the Member States shall, within their respective competences, promote and build tailor-made and mutually beneficial partnerships, in full compliance with international and Union law and on the basis of full respect for human rights, and foster close cooperation with relevant third countries at bilateral, regional, multilateral and international levels, including to:

  • (a) promote legal migration and legal pathways for third-country nationals in need of international protection and for those otherwise admitted to reside legally in the Member States;
  • (b) support partners hosting large numbers of migrants and refugees in need of protection and build their operational capacities in migration, asylum and border management in full respect of human rights;
  • (c) prevent irregular migration and combat migrant smuggling and trafficking in human beings, including reducing the vulnerabilities caused by them, while ensuring the right to apply for international protection;
  • (d) address the root causes and drivers of irregular migration and forced displacement;
  • (e) enhance effective return, readmission and reintegration;
  • (f) ensure full implementation of the common visa policy.

Article 6

Principle of solidarity and fair sharing of responsibility

1.

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

2.

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

  • (a) establish and maintain national asylum and migration management systems that provide effective access to international protection procedures, grant international protection to applicants who are in need, and ensure the effective and dignified return of third-country nationals who are illegally staying, in accordance with Directive 2008/115/EC, and provide and invest in the adequate reception of applicants for international protection, in accordance with Directive (EU) 2024/1346;
  • (b) ensure that necessary resources and sufficient competent personnel are allocated for the implementation of this Regulation and, where Member States consider it necessary or where applicable, request support from relevant Union bodies, offices and agencies for that purpose;
  • (c) take all measures necessary and proportionate, in full compliance with fundamental rights, to prevent and reduce irregular migration to the territories of the Member States, including to prevent and combat migrant smuggling and trafficking in human beings and to protect the rights of smuggled migrants and trafficked human beings;
  • (d) correctly and expeditiously apply the rules on the determination of the Member State responsible for examining an application for international protection and, where necessary, carry out the transfer to the Member State responsible pursuant to Chapters I to VI of Part III and Chapter I of Part IV;
  • (e) provide effective support to other Member States in the form of solidarity contributions on the basis of needs set out in Part II or IV;
  • (f) take effective measures to reduce incentives for and to prevent unauthorised movements of third-country nationals and stateless persons between the Member States.
3.

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

  • (a) operational and technical assistance by the relevant Union bodies, offices and agencies in accordance with their mandates, in particular by the Asylum Agency in accordance with Regulation (EU) 2021/2303 of the European Parliament and of the Council ([^E0005]), the European Border and Coast Guard Agency in accordance with Regulation (EU) 2019/1896 and the European Union Agency for Law Enforcement Cooperation (Europol) in accordance with Regulation (EU) 2016/794 of the European Parliament and of the Council ([^E0006]).
  • (b) support provided by the Union funds for the implementation of the common framework set out in this Part in accordance with Regulation (EU) 2021/1147 and, where relevant, Regulation (EU) 2021/1148 of the European Parliament and of the Council ([^E0007]);
  • (c) derogations in the Union acquis providing Member States with the necessary tools to react to specific migratory challenges as referred to in Regulations (EU) 2024/1359 and (EU) 2024/1348 and Regulation (EU) 2024/1349 of the European Parliament and of the Council ([^E0008]);
  • (d) activation of the Union Civil Protection Mechanism in accordance with Regulation (EU) 2021/836 of the European Parliament and of the Council ([^E0009]);
  • (e) measures to facilitate return and reintegration activities, including through cooperation with third countries, and in full compliance with fundamental rights;
  • (f) strengthened actions and cross-sectoral activities in the external dimension of migration;
  • (g) enhanced diplomatic and political outreach;
  • (h) coordinated communication strategies;
  • (i) supporting effective and human rights-based migration policies in third countries;
  • (j) promoting legal migration and well-managed mobility, including by strengthening bilateral, regional and international partnerships on migration, forced displacement, legal pathways and mobility partnerships.

Article 7

Strategic approach to managing asylum and migration at national level

1.

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

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

  • (a) preventive measures to reduce the risk of migratory pressure and contingency planning, taking into account the contingency planning pursuant to Regulations (EU) 2019/1896 and (EU) 2021/2303 and Directive (EU) 2024/1346 and the reports of the Commission issued pursuant to Recommendation (EU) 2020/1366;
  • (b) information on how the principles set out in this Part are implemented by Member States and on how legal obligations stemming therefrom are fulfilled at national level;
  • (c) information on how the results of the monitoring undertaken by the Asylum Agency and the European Border and Coast Guard Agency, and the evaluation carried out in accordance with Regulation (EU) 2022/922 as well as of the monitoring carried out in accordance with Article 10 of Regulation (EU) 2024/1356 have been taken into account.
2.

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

3.

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

4.

Financial and operational support by the Union, including operational support from its bodies, offices and agencies, for the fulfilment of the obligations shall be provided in accordance with Regulations (EU) 2019/1896, (EU) 2021/1147, (EU) 2021/2303 and, where relevant, (EU) 2021/1148.

5.

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

6.

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

Article 8

A long-term European Asylum and Migration Management Strategy

1.

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

2.

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

3.

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

  • (a) the implementation of the national asylum and migration management strategies of the Member States, referred to in Article 7, and their compliance with Union and international law;
  • (b) relevant information gathered by the Commission pursuant to Recommendation (EU) 2020/1366;
  • (c) information collected by the Commission and the Asylum Agency on the implementation of the Union asylum acquis;
  • (d) information gathered from the European External Action Service and relevant Union bodies, offices and agencies, in particular reports by the Asylum Agency, the European Border and Coast Guard Agency and the European Union Agency for Fundamental Rights;
  • (e) any other relevant information, including from Member States, monitoring authorities, international organisations, and other relevant bodies, offices, agencies or organisations.

CHAPTER II The annual migration management cycle

Article 9

The European Annual Asylum and Migration Report

1.

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

2.

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

3.

The Report shall contain the following elements:

  • (a) an assessment of the overall situation, covering all migratory routes to the Union and in all the Member States, in particular:
  • (i) the number of applications for international protection and the nationalities of the applicants;
  • (ii) the number of identified unaccompanied minors and where available, persons with special reception or procedural needs;
  • (iii) the number of third-country nationals or stateless persons who have been granted international protection, in accordance with Regulation (EU) 2024/1347;
  • (iv) the number of first instance and final asylum decisions;
  • (v) the reception capacity of the Member States;
  • (vi) the number of third-country nationals who have been detected by Member States authorities while not fulfilling or no longer fulfilling the conditions for entry, stay or residence in the Member State, including overstayers as defined in Article 3(1), point (19), of Regulation (EU) 2017/2226 of the European Parliament and of the Council ([^E0010]);
  • (vii) the number of return decisions issued by the Member States and the number of third-country nationals who left the territory of the Member States in accordance with a return decision that complies with Directive 2008/115/EC;
  • (viii) the number of third-country nationals or stateless persons admitted by the Member States through Union and national resettlement or humanitarian admission schemes;
  • (ix) the number of third-country nationals subject to the border procedure provided for in Regulations (EU) 2024/1348 and (EU) 2024/1349 as well as their nationalities;
  • (x) the number of incoming and outgoing take charge requests or take back notifications in accordance with Articles 39 and 41;
  • (xi) the number of transfer decisions and the numbers of transfers carried out in accordance with this Regulation;
  • (xii) the number and nationality of third-country nationals disembarked following search and rescue operations, and the number of applications for international protection lodged by those third-country nationals;
  • (xiii) the Member States which experienced recurring arrivals by sea, in particular through disembarkations following search and rescue operations;
  • (xiv) the number of third-country nationals or stateless persons refused entry in accordance with Article 14 of Regulation (EU) 2016/399;
  • (xv) the number of third-country nationals or stateless persons enjoying temporary protection in accordance with Council Directive 2001/55/EC ([^E0011]);
  • (xvi) the number of persons apprehended in connection with an irregular crossing of an external land, sea or air border and, provided that the data is available and verifiable, the number of attempted irregular border crossings;
  • (xvii) the support provided by Union bodies, offices and agencies to the Member States;
  • (b) a projection for the coming year, including the number of anticipated arrivals by sea, based on the overall migratory situation in the previous year and considering the current situation, while also reflecting previous pressure;
  • (c) information about the level of preparedness in the Union and in the Member States and the possible impact of the anticipated situations;
  • (d) information on the capacity of the Member States, in particular on the reception capacity;
  • (e) the result of the monitoring undertaken by the Asylum Agency and the European Border and Coast Guard Agency, and the evaluation carried out in accordance with Regulation (EU) 2022/922 as well as the monitoring carried out in accordance with Article 10 of Regulation (EU) 2024/1356, as referred to in Article 7(1), second subparagraph, point (c), of this Regulation;
  • (f) an assessment of whether solidarity measures and measures under the Permanent EU Migration Toolbox are needed to support the Member State or Member States concerned.
4.

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

5.

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

6.

The first Report shall be issued by 15 October 2025.

7.

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

8.

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

9.

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

10.

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

Article 10

Information for assessing the overall migratory situation, migratory pressure, risk of migratory pressure or significant migratory situation

1.

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

2.

The Commission shall also take into account the following:

  • (a) the information presented by the Member State concerned, including the estimation of its needs and capacity and its preparedness measures and any additional relevant information provided in the national strategy referred to in Article 7;
  • (b) the level of cooperation on migration as well as in the area of return and readmission, including by taking into account the annual report in accordance with Article 25a of Regulation (EC) No 810/2009 of the European Parliament and of the Council ([^E0012]), with third countries of origin and transit, first countries of asylum, and safe third countries as defined in Regulation (EU) 2024/1348;
  • (c) the geopolitical situation in relevant third countries as well as the root causes of migration and possible situations of instrumentalisation of migrants and possible developments in the area of irregular arrivals through external borders of Member States that might affect migratory movements;
  • (d) the relevant recommendations provided for in Article 20 of Regulation (EU) 2022/922, Article 15 of Regulation (EU) 2021/2303 and Article 32(7) of Regulation (EU) 2019/1896;
  • (e) information gathered pursuant to Recommendation (EU) 2020/1366;
  • (f) the Integrated Situational Awareness and Analysis reports under Council Implementing Decision (EU) 2018/1993 ([^E0013]), provided that the Integrated Political Crisis Response is activated or the Migration Situational Awareness and Analysis report issued under the first stage of the EU mechanism for preparedness and management of crises related to migration, when the Integrated Political Crisis Response is not activated;
  • (g) information from the visa liberalisation reporting process and dialogues with third countries;
  • (h) quarterly bulletins on migration, and other reports, of the European Union Agency for Fundamental Rights;
  • (i) the support provided by Union bodies, offices and agencies to the Member States;
  • (j) relevant parts of the vulnerability assessment report referred to in Article 32 of Regulation (EU) 2019/1896;
  • (k) scale and trends of unauthorised movements of third-country nationals or stateless persons between Member States building on the available information from the relevant Union bodies, offices and agencies and data analysis from relevant information systems.
3.

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

Article 11

Commission implementing decision on determining Member States under migratory pressure, at risk of migratory pressure or facing a significant migratory situation

1.

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

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

2.

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

3.

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

4.

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

Article 12

Commission proposal for a Council implementing act establishing the Annual Solidarity Pool

1.

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

2.

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

  • (a) 30 000 for relocations;
  • (b) EUR 600 million for financial contributions.

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

3.

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

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

4.

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

5.

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

6.

The Commission shall adopt the proposal referred to in paragraph 1 of this Article by 15 October each year and transmit it to the Council. The Commission shall simultaneously transmit that proposal to the European Parliament. Until the adoption of the Council implementing act referred to in Article 57, the Commission proposal referred to in paragraph 1 of this Article shall not be made public. It shall be classified ‘RESTREINT UE/EU RESTRICTED’ and shall be handled as such in accordance with Council Decision 2013/488/EU ([^E0014]).

Article 13

The High-Level EU Solidarity Forum

1.

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

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

2.

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

3.

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

4.

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

Article 14

The Technical-Level EU Solidarity Forum

1.

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

2.

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

3.

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

4.

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

5.

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

Article 15

The EU Solidarity Coordinator

1.

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

2.

The EU Solidarity Coordinator shall:

  • (a) support the relocation activities from the benefitting Member State to the contributing Member State;
  • (b) coordinate and support communication between the Member States, bodies, offices, agencies and entities that are involved in the implementation of the solidarity mechanism;
  • (c) keep an overview of the needs of the benefitting Member States and the contributions of the contributing Member States and follow up on the ongoing implementation of solidarity measures;
  • (d) organise, at regular intervals, meetings between the authorities of the Member States to ensure the effective and efficient operationalisation of the Annual Solidarity Pool, in order to facilitate the best interaction and cooperation among Member States;
  • (e) promote best practices in the implementation of the solidarity mechanism;
  • (f) convene and chair the Technical-Level Forum;
  • (g) carry out the tasks referred to in Article 7 of Regulation (EU) 2024/1359.
3.

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

4.

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

5.

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

PART III

CRITERIA AND MECHANISMS FOR DETERMINING THE MEMBER STATE RESPONSIBLE

CHAPTER I General principles and safeguards

Article 16

Access to the procedure for examining an application for international protection

1.

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

2.

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

3.

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

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

4.

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

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

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

5.

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

Article 17

Obligations of the applicant and cooperation with the competent authorities

1.

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

2.

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

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

3.

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

4.

The applicant shall be required to be present in:

  • (a) the Member State referred to in paragraphs 1 and 2 pending the determination of the Member State responsible and, where applicable, the implementation of the transfer procedure;
  • (b) the Member State responsible;
  • (c) the Member State of relocation following a transfer pursuant to Article 67(11).
5.

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

Article 18

Consequences of non-compliance

1.

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

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

2.

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

3.

Paragraph 1 shall not apply where the applicant is not in the Member State where he or she is required to be present and the competent authorities of the Member State in which the applicant is present have reasonable grounds to believe that the applicant might have been subjected to any of the offences referred to in Articles 2 and 3 of Directive 2011/36/EU of the European Parliament and of the Council ([^E0015]).

4.

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

Article 19

Right to information

1.

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

  • (a) the objectives of this Regulation;
  • (b) the cooperation expected of the applicant with the competent authorities as set out in Article 17;
  • (c) the fact that the right to apply for international protection does not encompass a choice by the applicant as to which Member State is responsible for examining the application for international protection or as to which Member State is the Member State of relocation;
  • (d) the consequences of making another application in a different Member State as well as the consequences of leaving the Member State where the applicant is required to be present pursuant to Article 17(4) and in particular that the applicant shall only be entitled to the reception conditions as set out in Article 18(1);
  • (e) the criteria and procedure for determining the Member State responsible, the hierarchy of such criteria in the different steps of the procedure and the duration of the procedure;
  • (f) the provisions relating to family reunification and, in that regard, the applicable definition of family members and relatives, the right to request and receive the template referred to in Article 22(1), including information on persons and entities that are able to provide assistance in completing the template, as well as information on national, international or other relevant organisations that are able to facilitate the identification and tracing of family members;
  • (g) the right to and the aim of the personal interview in accordance with Article 22, the procedure and the obligation to submit, orally or through the provision of documents or other information, including where applicable through the template referred to in Article 22(1), as soon as possible in the procedure, any relevant information that could help to establish the presence of family members, relatives or any other family relations in the Member States, including information on the means by which the applicant can submit such information, as well as any assistance that the Member State can offer with regard to the tracing of family members or relatives;
  • (h) the obligation for the applicant to disclose, as soon as possible in the procedure, any relevant information that could help to establish any prior residence documents, visas or educational diplomas;
  • (i) the opportunity to present duly motivated reasons to the competent authorities in order for them to consider applying Article 35(1);
  • (j) the obligation for the applicant to submit his or her identity documents where the applicant is in possession of such documents and to cooperate with the competent authorities in collecting the biometric data in accordance with Regulation (EU) 2024/1358;
  • (k) the existence of the right to an effective remedy before a court or tribunal in order to challenge a transfer decision within the time limit set out in Article 43(2) and of the fact that the scope of such challenge is limited as laid down in Article 43(1);
  • (l) the right to be granted legal counselling free of charge on matters relating to the application of the criteria set out in Chapter II or the clauses set out in Chapter III of this Part at all stages of the procedure for determining the Member State responsible, as set out in Article 21;
  • (m) in the event of an appeal or review, the right to be granted, on request, legal assistance free of charge where the person concerned cannot afford the costs involved;
  • (n) the fact that absconding will lead to an extension of the time limit in accordance with Article 46;
  • (o) the fact that the competent authorities of Member States and the Asylum Agency will process personal data of the applicant including for the exchange of his or her data for the sole purpose of implementing their obligations under this Regulation and in full compliance with the requirements to protect natural persons with regard to the processing of personal data in accordance with Union and national law;
  • (p) the categories of personal data concerned;
  • (q) the right of access to data relating to the applicant and the right to request that such data be corrected if inaccurate or be deleted if unlawfully processed, as well as the procedures for exercising those rights, including the contact details of the authorities referred to in Article 52 and of the national data protection authorities responsible for hearing claims concerning the protection of personal data, and of the contact details of the data protection officer;
  • (r) in the case of an unaccompanied minor, the guarantees and rights applicable to the applicant in that regard, the role and responsibilities of the representative and the procedure to file complaints against a representative in confidence and safety and in a manner that fully respects the child's right to be heard;
  • (s) the fact that where the circumstantial evidence is not coherent, verifiable and sufficiently detailed to establish responsibility, the Member State may request a DNA or blood test to prove the existence of family links, or an assessment of the age of the applicant;
  • (t) where applicable, the relocation procedure set out in Articles 67 and 68.
2.

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

Article 20

Accessibility of information

1.

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

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

2.

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

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

3.

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

Article 21

Right to legal counselling

1.

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

2.

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

3.

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

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

4.

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

5.

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

6.

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

  • (a) guidance on and explanations of the criteria and procedures for determining the Member State responsible, including information on rights and obligations during all stages of that procedure;
  • (b) guidance on and assistance in providing information that could help determine the Member State responsible in accordance with the criteria set out in Chapter II of this Part;
  • (c) guidance and assistance on the template referred to in Article 22(1).
7.

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

8.

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

Article 22

Personal interview

1.

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

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

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

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

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

2.

The personal interview may be omitted where:

  • (a) the applicant has absconded;
  • (b) the applicant has not attended the personal interview and has not provided justified reasons for his or her absence;
  • (c) the applicant, after having received the information referred to in Article 19, has already provided the information relevant to determine the Member State responsible by other means.

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

3.

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

4.

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

5.

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

6.

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

7.

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

Article 23

Guarantees for minors

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