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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 article 67 CELEX: 32024R1351 Procedure before relocation
1. The procedure set out in this Article shall apply to the relocation of persons referred to in Article 56(2), point (a). 2. Before applying the procedure set out in this Article, the benefitting Member State shall ensure that there are no reasonable grounds to consider that the person concerned poses a threat to internal security. If there are reasonable grounds to consider that the person poses a threat to internal security, before or during the procedure set out in this Article, including where a threat to internal security has been determined in accordance with Article 15 of Regulation (EU) 2024/1356, the benefitting Member State shall not apply or shall immediately terminate the procedure set out in this Article. The benefitting Member State shall exclude the person concerned from any future relocation or transfer to any Member State. Where the person concerned is an applicant for international protection, the benefitting Member State shall be the Member State responsible in accordance with Article 16(4) of this Regulation. |
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 article 67 CELEX: 32024R1351 3. Where relocation is to be carried out, the benefitting Member State shall identify the persons who could be relocated. Upon request of the benefitting Member State, the Asylum Agency shall support the benefitting Member State in the identification of persons to be relocated and in their matching with Member States of relocation in accordance with Article 2(1), point (k), of Regulation (EU) 2021/2303. The Member State shall take into account, where applicable, the existence of meaningful links such as those based on family or cultural considerations, between the person concerned and the Member State of relocation. For that purpose, the benefitting Member State shall give the persons to be relocated the opportunity to provide information on the existence of meaningful links with specific Member States and to present relevant information and documentation to determine those links. That opportunity shall not imply a right to choose a specific Member State of relocation pursuant to this Article. |
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 article 67 CELEX: 32024R1351 4. For the purpose of identifying persons to be relocated and matching them with the Member States of relocation, benefitting Member States may use tools developed by the EU Solidarity Coordinator. Applicants who do not have meaningful links to any Member State shall be fairly shared among the remaining Member States of relocation. Where the identified person to be relocated is a beneficiary for international protection, the person concerned shall be relocated only after that person has consented to the relocation in writing. 5. Where relocation is to be carried out, the benefitting Member State shall inform the persons referred to in paragraph 1 of this Article of the procedure set out in this Article and Article 68, as well as, where applicable, of the obligations set out in Article 17(3), (4) and (5) and the consequences of non-compliance set out in Article 18. The first subparagraph of this paragraph shall not apply to applicants for whom the benefitting Member State can be determined as the Member State responsible pursuant to the criteria set out in Articles 25 to 28 and 34, with the exception of Article 25(5). Such applicants shall not be eligible for relocation. |
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 article 67 CELEX: 32024R1351 6. Member States shall ensure that family members are relocated to the territory of the same Member State. 7. In the cases referred to in paragraphs 2 and 3, the benefitting Member State shall transmit to the Member State of relocation as quickly as possible all relevant information and documents on the person concerned by using a standard form, in order, inter alia, to enable the authorities of the Member State of relocation to check whether there are grounds to consider that the person concerned poses a threat to internal security. 8. The Member State of relocation shall examine the information transmitted by the benefitting Member State pursuant to paragraph 7, and verify that there are no reasonable grounds to consider that the person concerned poses a threat to internal security. The Member State of relocation may choose to verify that information via a personal interview with the person concerned. The person concerned shall be duly informed about the nature and the purpose of such interview. The personal interview shall take place within the time limits provided for in paragraph 9. |
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 article 67 CELEX: 32024R1351 9. Where there are no reasonable grounds to consider that the person concerned poses a threat to internal security, the Member State of relocation shall confirm that it will relocate the person concerned within one week of receipt of the relevant information from the benefitting Member State. Where the checks confirm that there are reasonable grounds to consider that the person concerned poses a threat to internal security, the Member State of relocation shall inform the benefitting Member State, within one week of receipt of the relevant information from that Member State of the nature of and underlying elements for an alert from any relevant database. In such cases, relocation of the person concerned shall not take place. In exceptional cases, where it can be demonstrated that the examination of the information is particularly complex or that a large number of cases need checking at the same time, the Member State of relocation may give its reply after the one-week time limit mentioned in the first and second subparagraphs, but in any event within two weeks. In such situations, the Member State of relocation shall communicate its decision to postpone a reply to the benefitting Member State within the original one-week time limit. Failure to act within the one-week period mentioned in the first and second subparagraphs or the two-week period mentioned in the third subparagraph shall be tantamount to confirming the receipt of the information, and entail the obligation to relocate the person concerned, including the obligation to provide for proper arrangements for arrival. |
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 article 67 CELEX: 32024R1351 10. The benefitting Member State shall take a transfer decision within one week of the confirmation by the Member State of relocation. It shall notify the person concerned in writing without delay of the decision to transfer him or her to that Member State at the latest two days before the transfer in the case of applicants and one week before the transfer in the case of beneficiaries. Where the person to be relocated is an applicant, he or she shall comply with the relocation decision. 11. The transfer of the person concerned from the benefitting Member State to the Member State of relocation shall be carried out in accordance with the national law of the benefitting Member State, after consultation between the Member States concerned, as soon as practically possible, and within 4 weeks of the confirmation by the Member State of relocation or of the final decision on an appeal or review of a transfer decision with suspensive effect in accordance with Article 43(3). |
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 article 67 CELEX: 32024R1351 12. The benefitting Member States and the Member States of relocation shall continue the process of relocation even after the timeframe for the implementation or the validity of Council implementing acts referred to in Articles 57, 61 and 62 has expired. 13. Article 42(3), (4) and (5), Articles 43 and 44, Article 46(1) and (3), Article 47(2) and (3), and Articles 48 and 50 shall apply mutatis mutandis to the relocation procedure. The benefitting Member State carrying out the transfer of a beneficiary of international protection shall transmit to the Member State of relocation all the information referred to in Article 51(2), information on the grounds on which the beneficiary based his or her application, and the grounds for any decisions taken concerning the beneficiary. 14. The Commission shall, by means of implementing acts, establish uniform methods for the preparation and submission of information and documents for the purposes of relocation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 77(2). In the preparation of those implementing acts, the Commission may consult the Asylum Agency. |