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

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.

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

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 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.

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.

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.

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

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

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.

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.

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.

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.

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.

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.

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.

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.

The notification referred to in paragraph 1 shall include:

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.

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.

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

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.

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 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.

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.

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).

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 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.

Each year in January from 2027 and onwards, Member States shall confirm to the EU Solidarity Coordinator the levels of each solidarity measure implemented during the preceding year.

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.

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:

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.

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.

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.

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:

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.

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.

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.

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.

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:

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:

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.

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.

The contributing Member State shall identify the individual applications for which it takes responsibility pursuant to paragraphs 3 to 5 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.

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.

This Article shall only apply where:

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.

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 ([^E0018]). 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.

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.

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).

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.

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.

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.

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.

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.

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

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

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.

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.

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.

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.

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

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.

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.

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.

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.

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).

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.

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 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.

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.

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 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.

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.

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.

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

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.

This Regulation is without prejudice to Union law on the protection of personal data, in particular Regulations (EU) 2016/679 and (EU) 2018/1725 of the European Parliament and of the Council ([^E0019]) and Directive (EU) 2016/680 of the European Parliament and of the Council ([^E0020]).

Member States shall have in place appropriate technical and organisational measures to ensure the security of personal data processed under this Regulation and in particular to prevent the unlawful or unauthorised access to, or disclosure, alteration or loss of, personal data processed.

The competent supervisory authority or authorities of each Member State shall monitor independently the lawfulness of the processing of personal data by the authorities referred to in Article 52 of the Member State concerned, in accordance with national law.

The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

The power to adopt delegated acts referred to in Article 25(6) and Article 34(3) shall be conferred on the Commission for a period of five years from 11 June 2024. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

The delegation of power referred to in Article 25(6) and Article 34(3) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

A delegated act adopted pursuant to Article 25(6) or Article 34(3) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of four months of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

A Member State shall receive, in addition to its allocations under point (a) of Article 13(1) of this Regulation, an amount of:

The Member State covering the cost of transfers referred to in paragraph 1 shall receive a contribution of EUR 500 for each applicant for international protection or beneficiary of international protection transferred to another Member State.

The Member State covering the costs of transfers referred to in point (a), (b) or (c) of Article 36(1) of Regulation (EU) 2024/1351, and carried out in accordance with Article 46 of that Regulation, shall receive a contribution of EUR 500 for each applicant for international protection transferred to another Member State.

The amounts referred to in paragraphs 1 to 3 of this Article shall be allocated to the Member State’s programme, provided that the person in respect of whom the amount is allocated was effectively transferred to that Member State or was registered as an applicant in the Member State responsible in accordance with Regulation (EU) 2024/1351, as applicable. Those amounts shall not be used for other actions in the Member State’s programme except in duly justified circumstances, as approved by the Commission through the amendment of that programme.

The amounts referred to in this Article shall take the form of financing not linked to costs in accordance with Article 125 of the Financial Regulation.

For the purposes of control and audit, Member States shall retain the information necessary to allow the proper identification of the persons transferred and of the date of their transfer.

To take account of current inflation rates, relevant developments in the field of relocation and other factors which might optimise the use of the financial incentive brought by the amounts referred to in paragraphs 1, 2 and 3 of this Article, the Commission is empowered to adopt delegated acts in accordance with Article 37 to adjust, if deemed appropriate, and within the limits of available resources, those amounts.’;

Where an application has been registered after 12 June 2026, any events that are likely to entail the responsibility of a Member State under this Regulation shall be taken into consideration, even if they precede that date.

The Member State responsible for the examination of an application for international protection registered before 12 June 2026 shall be determined in accordance with the criteria set out in Regulation (EU) No 604/2013.

By 12 September 2024, the Commission, in close cooperation with the relevant Union bodies, offices and agencies and Member States, shall present a common implementation plan to the Council to ensure that Member States are adequately prepared to implement this Regulation by 12 June 2026, assessing gaps and operational steps required, and inform the European Parliament thereof.