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

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 (¹);

(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

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.

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 (²);

(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 (³);

(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 (⁴);

(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

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.

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 (⁵), 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 (⁶).

(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 (⁷);

(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 (⁸);

(d) activation of the Union Civil Protection Mechanism in accordance with Regulation (EU) 2021/836 of the European Parliament and of the Council (⁹);

(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

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: