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Regulation (EU) 2021/2303 of the European Parliament and of the Council of 15 December 2021 on the European Union Agency for Asylum and repealing Regulation (EU) No 439/2010

article  14

CELEX:  32021R2303

Monitoring mechanism for the operational and technical application of the CEAS
1. The Agency, in close cooperation with the Commission, shall establish a monitoring mechanism for the purpose of monitoring the operational and technical application of the CEAS in order to prevent or identify possible shortcomings in the asylum and reception systems of Member States and to assess their capacity and preparedness to manage situations of disproportionate pressure so as to enhance the efficiency of those systems.
2. The Management Board shall, on a proposal of the Executive Director and in consultation with the Commission, establish a common methodology for the monitoring mechanism set out in this Chapter. The common methodology shall include objective criteria against which the monitoring shall be carried out, a description of the methods, processes and tools for the monitoring mechanism such as practical arrangements for on-site visits, including short-notice visits, and rules and principles for the establishment of teams of experts.
Regulation (EU) 2021/2303 of the European Parliament and of the Council of 15 December 2021 on the European Union Agency for Asylum and repealing Regulation (EU) No 439/2010

article  14

CELEX:  32021R2303

3. The monitoring shall cover the operational and technical application of all aspects of the CEAS, in particular:
(a) the system for determining the Member State responsible for examining applications for international protection established by Regulation (EU) No 604/2013, procedures for international protection, the application of criteria for assessing the need for protection and the type of protection granted, including as regards respect for fundamental rights, child protection safeguards and the specific needs of persons in a vulnerable situation;
(b) the availability and capacity of staff in terms of translation and interpretation and the capacity of staff to handle and manage asylum cases efficiently, including handling appeals, without prejudice to judicial independence and with full respect for the organisation of the judiciary of each Member State;
(c) reception conditions, capacity, infrastructure and equipment and, to the extent possible, financial resources for reception.
Regulation (EU) 2021/2303 of the European Parliament and of the Council of 15 December 2021 on the European Union Agency for Asylum and repealing Regulation (EU) No 439/2010

article  14

CELEX:  32021R2303

4. The monitoring may be carried out, in particular, on the basis of the information provided by the Member State concerned, the information analysis on the situation of asylum referred to in Article 5 and case sampling. The Agency may take into account information available from relevant intergovernmental organisations or bodies, in particular the UNHCR, and other relevant organisations on the basis of their expertise.
5. The Agency may carry out on-site visits for the purposes of the monitoring exercise. The Agency shall carry out short-notice visits only for the purposes of Article 15(2).
6. Member States shall, at the request of the Agency, provide it with information on the aspects of the CEAS referred to in paragraph 3. Member States shall, at the request of the Agency, provide it with information on their contingency planning for measures to be taken to deal with possible disproportionate pressure on their asylum or reception system. The Agency shall, with the agreement of the Member State concerned, assist Member States in preparing and reviewing their contingency planning.
Regulation (EU) 2021/2303 of the European Parliament and of the Council of 15 December 2021 on the European Union Agency for Asylum and repealing Regulation (EU) No 439/2010

article  14

CELEX:  32021R2303

7. The Member States shall cooperate with the Agency, including by facilitating any on-site visit carried out for the purposes of the monitoring exercise. The Executive Director shall notify the Member States concerned sufficiently in advance of any such visit. In the case of short-notice visits, the Executive Director shall notify the Member State concerned 72 hours in advance.