(23)In order to ensure the balance between solidarity and fair sharing of responsibility and to safeguard the functioning of the Regulation (EU) 2024/1351, Article 60(3) of that Regulation establishes that contributing Member States are not required to implement their pledges or to apply responsibility offsets towards a benefitting Member State where the Commission has identified systemic shortcomings in that benefitting Member State with regard to the responsibility rules set out in Part III of Regulation (EU) 2024/1351 that could result in serious negative consequences for the functioning of that Regulation. Part III of Regulation (EU) 2024/1351 sets out, inter alia, the obligations of the Member State responsible to take charge of and take back applicants and third-country nationals or stateless persons whose application for international protection was registered in another Member State or in relation to whom another Member State was indicated as responsible under Article 16(1) of Regulation (EU) 2024/1358 of the European Parliament and of the Councilnote, including to carry out the transfers of those persons with full respect of the applicant’s fundamental rights within the meaning of the Charter of Fundamental Rights of the European Union as outlined in recital 87 and Article 16(3). These rules are in continuity with the rules set out in Regulation (EU) No 604/2013 of the European Parliament and of the Councilnote and they will replace those rules as of their entry into application.
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