### 2. where the commission considers it appropriate , it shall also identify in its report measures designed to promote cooperation among the member states to facilitate the return of illegal staying third-country nationals. ### 2. the commission , the council and the member states shall , within their respective competences , take actions that promote joint objectives and cooperation with third countries to address causes and drivers of illegal migration and forced displacement , and to establish a system that provides access to international protection procedures from third country processing centres as well as to facilitate the return of illegal staying third-country nationals.


### 2. where the commission considers it appropriate , it shall also identify in its report measures designed to promote cooperation among the member states to facilitate the return of illegal staying third-country nationals. ### 2. the commission and member states shall ensure the integration of migration mitigation policies in all relevant union policies , including the application of visa policy , as well as , conditionality of development aid to promote readmission , the establishment of reception centres for processing and facilitation of granted requests for international protection and return cooperation.


### 3. on the basis of the report referred to in paragraph 1 , the commission and the council , within their respective competencies , shall consider the appropriate actions taking into account the union’s overall relations with the third country. ### deleted


### 4. the commission shall keep the european parliament regularly informed of the implementation of this article. ### 4. the commission shall keep national parliaments and the european parliament regularly informed of the implementation of this article.


### iv solidarity ### iv cooperation measures


### iv solidarity ### iv voluntary contributions


### i solidarity mechanisms ### i distribution


### i solidarity mechanisms ### i voluntary contributions


### solidarity contributions ### voluntary contributions


### solidarity contributions ### distribution


### 1. solidarity contributions for the benefit of a member state under migratory pressure or subject to disembarkations following search and rescue operations shall consist of the following types: ### 1. member states shall contribute to the distribution in their territories of those third-country national or a stateless persons who have been granted international protection in third country processing centres in accordance with the procedures established in partnership agreements with relevant third countries


### 1. solidarity contributions for the benefit of a member state under migratory pressure or subject to disembarkations following search and rescue operations shall consist of the following types: ### 1. voluntary contributions for the benefit of a member state under migratory pressure or subject to disembarkations following failed missions to return search and rescue vessels to the port of origin of the migrants on board can consist of the following types:


### relocation of applicants who are not subject to the border procedure for the examination of an application for international protection established by article 41 of regulation (eu) xxx/xxx [asylum procedure regulation]; ### deleted


### relocation of applicants who are not subject to the border procedure for the examination of an application for international protection established by article 41 of regulation (eu) xxx/xxx [asylum procedure regulation]; ### relocation of applicants to third country partner state reception centres;


### return sponsorship of illegally staying third-country nationals; ### deleted


### relocation of beneficiaries of international protection who have been granted international protection less than three years prior to adoption of an implementing act pursuant to article 53(1); ### deleted


### relocation of beneficiaries of international protection who have been granted international protection less than three years prior to adoption of an implementing act pursuant to article 53(1); ### relocation of beneficiaries of international protection who have been granted international protection to third country partner state reception centres;


### capacity-building measures in the field of asylum , reception and return , operational support and measures aimed at responding to migratory trends affecting the benefitting member state through cooperation with third countries. ### deleted


### capacity-building measures in the field of asylum , reception and return , operational support and measures aimed at responding to migratory trends affecting the benefitting member state through cooperation with third countries. ### capacity-building measures in the field of border protection , reception and return , operational support and measures aimed at mitigating migratory pressures through cooperation with third countries.


### 2. such contributions may , pursuant to article 56 , also consist of: ### deleted


### 2. such contributions may , pursuant to article 56 , also consist of: ### 2. such voluntary contributions may , pursuant to article 56 , also consist of:


### relocation of applicants for international protection subject to the border procedure in accordance with article 41 of regulation (eu) xxx/xxx [asylum procedure regulation]; ### deleted


### relocation of applicants for international protection subject to the border procedure in accordance with article 41 of regulation (eu) xxx/xxx [asylum procedure regulation]; ### relocation of applicants for international protection to third country partner state reception centres;


### relocation of illegally staying third-country nationals. ### deleted


### article 46 ### deleted


### solidarity forum ### voluntary contribution forum


### a solidarity forum shall comprise all member states. the commission shall convene and preside the solidarity forum in order to ensure the smooth functioning of this part. ### a voluntary contribution forum shall comprise all member states and third country partner states hosting reception centres. the council shall convene and preside over the voluntary contribution forum in order to ensure its smooth functioning.


### [...] ### deleted


### 2. where the migration management report referred to in article 6(4) indicates that one or more member states faced with the situations referred to in paragraph 1 , it shall also set out the total number of applicants for international protection referred to in article 45(1) , point (a) that would need to be relocated in order to assist those member states. the report shall also identify any capacity-building measures referred to in article 45(1) , point (d) which are necessary to assist the member state concerned. ### 2. where the migration mitigation report referred to in article 6(4) indicates that one or more member states faced with the situations referred to in paragraph 1 , member states shall also set out the total number of applicants to be relocated to third country reception centres for processing of their request for international protection and its potential facilitation in the third country partner state.


### 3. within two weeks of the adoption of the migration management report , the commission shall invite all other member states that are not expected to be faced with arrivals on their territory as referred to in paragraph 1 to provide the solidarity contributions referred to in paragraph 2. in its request , the commission shall indicate the total number of applicants to be relocated by each member state in the form of solidarity contributions referred to in article 45(1) , point (a) by each member state , calculated according to the distribution key set out in article 54. the distribution key shall include the share of the benefitting member states. ### 3. within two weeks of the adoption of the migration mitigation report , the commission shall invite all member states expected to be faced with arrivals on their territory as referred to in paragraph 1 to provide the voluntary contributions referred to in paragraph 2. in its request for relocation to third country partner state reception centres , the commission shall indicate the total number of applicants to be relocated to third country partner state reception centres.


### 4. within one month of the adoption of the migration management report , member states shall notify the commission of the contributions they intend to make , by completing the sar solidarity response plan set out in annex i. member states shall indicate whether they intend to provide contributions in the form of: ### 4. within one month of the adoption of the migration mitigation report , member states shall notify each other of the voluntary contributions they intend to make and whether they intend to provide voluntary contributions in the form of:


### relocation in accordance with article 45(1) , point (a); or ### relocation to a third country partner state reception centre; or


### measures in accordance with article 45(1) , point (d) identified in the migration management report; or ### measures in accordance with article 45(1) , point (d) identified in the migration mitigation report; or


### relocation in accordance with article 45(1) , point (a) of vulnerable persons pursuant to article 49(4). ### relocation to third country partner state reception centres.


### 5. where the commission considers that the solidarity contributions indicated by all the member states pursuant to paragraph 4 fall significantly short of the total solidarity contributions set out in the migration management report , the commission shall convene the solidarity forum. the commission shall invite member states to adjust the number and , where relevant , the type of contributions. member states that adjust their contributions shall submit revised sar solidarity response plans in the course of the solidarity forum. ### 5. where the council by unanimity considers that the voluntary contributions indicated by all the member states pursuant to paragraph 4 fall significantly short of the total voluntary contributions set out in the migration mitigation report , the council shall by unanimous decision convene the voluntary contribution forum. the member states are welcome to adjust the number of relocations to third country partner state reception centres or returns.


### the total number of third-country nationals to be covered by relocation to contribute to the needs of the member states referred to in article 47(2) as identified in the migration management report; ### the total number of third-country nationals to be relocated to third country partner state reception centres;


### the number and share referred to in point (a) for each member state , including the benefitting member states calculated according to the distribution key set out in article 54; ### deleted


### where member states have indicated measures set out in article 45(1) , point (d) , those measures shall be in proportion to the contributions that the member states would have made by means of the relocations referred to in article 45(1) , point (a) as a result of the application of the distribution key set out in article 54. they shall be set out in the implementing act except where the indications by member states would lead to a shortfall of greater than 30% of the total number of relocations identified in the migration management report. in those cases , the contributions set out in the implementing act shall be adjusted so that those member states indicating such measures are required to cover 50% of their share calculated in accordance with the distribution key set out in article 54 through relocation or return sponsorship as referred to in article 45(1) point (b) or a combination of both. the member states concerned shall immediately indicate to the commission how they intend to cover their share in this regard. the commission shall adjust the contributions set out in the implementing act regarding relocation , return sponsorship and the measures referred to in article 45(1) , point (d) for those member states accordingly. ### deleted


### where one or more member states have not submitted an sar solidarity response plan within the time limits set out in article 47(4) and article 47(5) , the commission shall determine the amount and type of contributions to be made by those member states. ### deleted


### where the asylum agency notifies the commission and the member states that 80% of the solidarity pool in the first subparagraph has been used for one or more of the benefitting member states , the commission shall convene the solidarity forum to inform the member states of the situation and the additional needs of the member states. following the solidary forum the commission shall adopt an amendment to the implementing act establishing a solidarity pool referred to in the first subparagraph in relation to the benefitting member state concerned to increase the total number of third-country nationals covered by the solidarity measures referred to in point (a) of the first subparagraph by a maximum of 50%. the share of each member state referred to in point (b) of the first subparagraph shall be amended accordingly. where the provisions of the second subparagraph are applied and member states have indicated that they shall contribute through return sponsorship , the share of these measures shall be increased by 50%. the measures referred to in article 45(1) , point (d) shall also be increased by a share that is in proportion to a 50% increase of that member states share calculated according to the distribution key set out in article 54. ### deleted


### 2. under the coordination of the commission , the asylum agency and the european border and coast guard agency shall draw up the list of eligible persons to be relocated and to be subject to return sponsorship. the list shall indicate the distribution of those persons among the contributing member states taking into account the total number of persons to be relocated or to be subject to return sponsorship by each contributing member state , the nationality of those persons and the existence of meaningful links between them and the member state of relocation or of return sponsorship. priority shall be given to the relocation of vulnerable persons. the asylum agency and the european border and coast guard agency shall assist the commission in monitoring the use of the solidarity pool. ### 2. under the coordination of the commission and competent member state agencies , the asylum agency and the european border and coast guard agency shall draw up the list of member states that have concluded agreements with third countries enabling the relocation to third country partner state reception centres of eligible persons for relocation as well as a list of countries that comply with requirements to accept returns from the member states. the list shall lay out all current agreements with regard to third country processing and facilitation of international protection as well as all third countries that comply or do not comply with requirements to accept returns or host reception centres in order for third countries to be eligible for any eu funding such as development aid.


### 3. where the commission has adopted a report concluding that a member state referred to in article 47(2) is under migratory pressure as set out in article 51(3) , the remaining solidarity contributions from the solidarity pool established under article 48(1) or article 48(2) may be used for the purpose of immediately alleviating the migratory pressure on that member state. in such cases , the provisions of paragraph 2 shall apply. ### deleted


### this paragraph shall not apply where an implementing act provided for in article 53 is adopted. as from the adoption of that implementing act drawing on the list of eligible persons to be relocated and to be subject to return sponsorship as provided for in paragraph 2 shall cease. ### deleted


### where the solidarity pool referred to in the first subparagraph is insufficient for the purpose of immediately alleviating the challenges faced by the member state referred to in article 47(2) , solidarity contributions from the solidarity pool of the other member states established under article 48(1) or article 48(2) may be used insofar as this does not jeopardize the functioning of the pool for those member states. ### deleted


### 4. where the migration management report identifies that a member state referred to in article 47(2) is faced with capacity challenges due to the presence of applicants who are vulnerable regardless of how they crossed the external borders , the solidarity pool established under article 48(1) or article 48(2) may also be used for the purpose of relocation of vulnerable persons. in such cases , the provisions of paragraph 2 shall apply. ### deleted


### 5. the commission shall support and facilitate the procedures leading to the relocation of applicants and the implementation of return sponsorship , paying particular attention to unaccompanied minors. it shall coordinate the operational aspects of relocation and return sponsorship , including with the assistance of experts or teams of experts to be deployed by the asylum agency or the european border and coast guard agency. ### 5. the commission shall support and facilitate the procedures leading to the successful conclusion of agreements between member states and third countries for the purposes of relocation to third country partner state reception centres of applicants for international protection and the facilitation of granted requests. in addition , the commission shall also make it a priority to support by all means available , the successful implementation of return agreements , including by not providing any funds to beneficiary third countries that refuse to enter into return agreements with member states of the european union or refuse to host reception centres on their territory.


### [...] ### deleted


### on the basis of available information , it considers that a member state may be under migratory pressure. ### deleted


### 2. the asylum agency and the european border and coast guard agency shall assist the commission in drawing up the assessment of migratory pressure. the commission shall inform the european parliament , the council and the member states , without delay , that it is undertaking an assessment. ### 2. the asylum agency and the european border and coast guard agency in close cooperation with competent member state authorities , acting as equal partners , shall assist the commission in drawing up the assessment of migratory pressure. the commission shall inform the european parliament , the council and the member states , without delay , that it is undertaking an assessment jointly with competent member state authorities.


### the number of return decisions that respect directive 2008/115/ec; ### the number of return decisions;


### the number of third-country nationals who left the territory of the member states following a return decision that respects directive 2008/115/ec; ### the number of third-country nationals who left the territory of the member states following a return decision;


### the number of third-country nationals admitted by the member states through union and national resettlement [or humanitarian admission] schemes; ### the number of third-country nationals admitted by the member states;


### the number of incoming and outgoing take charge requests and take back notifications in accordance with articles 34 and 36; ### deleted


### the number of transfers carried out in accordance with article 31; ### deleted


### the number of persons apprehended in connection with an irregular crossing of the external land , sea or air border; ### the number of persons apprehended in connection with an illegal crossing of the external land , sea or air border;


### the number of persons refused entry in accordance with article 14 of regulation eu (no) 2016/399; ### the number of persons refused entry in accordance with national law;


### the number and nationality of third-country nationals disembarked following search and rescue operations , including the number of applications for international protection; ### the number and nationality of third-country nationals disembarked after a failed mission to return migrants to the port of origin , including the number of applications for international protection;


### the level of cooperation on migration with third countries of origin and transit , first countries of asylum , and safe third countries as defined in regulation (eu) xxx/xxx [asylum procedure regulation]; ### the level of cooperation on migration with third countries of origin and transit , first countries of asylum , and safe third countries as defined by member states individually;


### the migration management report referred to in article 6(4); ### the migration mitigation report referred to in article 6(4);


### quarterly bulletins on migration , and other reports , of the european union agency for fundamental rights. ### regular bulletins on migration , and other reports , of relevant member state bodies.


### article 51 ### deleted


### the commission shall submit the report on migratory pressure to the european parliament and to the council within one month after the commission informed them that it was carrying out an assessment pursuant to article 50(2). ### deleted


### 2. in the report , the commission shall state whether the member state concerned is under migratory pressure. ### deleted


### measures that the member state under migratory pressure should take in the field of migration management , and in particular in the field of asylum and return; ### measures that the member state under migratory pressure should take in the field of migration mitigation , and in particular in the field of returns and third country reception as well as processing and facilitation of asylum;


### [...] ### deleted


### solidarity response plans in situations of migratory pressure ### voluntary contribution plans to respond to situations of migratory pressure


### 1. where the report referred to in article 51 indicates that a member state is under migratory pressure , the other member states which are not themselves benefitting member states shall contribute by means of the solidarity contributions referred to in article 45(1) , points (a) , (b) and (c). member states shall prioritise the relocation of unaccompanied minors. ### 1. where the report referred to in article 51 indicates that a member state is under migratory pressure , the other member states which are not themselves benefitting member states are encouraged to contribute by means of the voluntary contributions referred to in article 45(1) , points (a) , (b) and (c). member states shall prioritise the relocation of unaccompanied minors to third country partner state reception centres.


### 2. where the report referred to in article 51 identifies measures referred to in paragraph 3 , point (b)(iii) of that article , other member states may contribute by means of those measures instead of measures referred to in article 51(3)(b)(ii). such measures shall not lead to a short fall of more than 30% of the total contributions identified in the report on migratory pressure under article 51(3)(b)(ii). ### 2. where the report referred to in article 51 identifies measures referred to in paragraph 3 , point (b)(iii) of that article , other member states may contribute by means of those measures instead of measures referred to in article 51(3)(b)(ii).


### 3. within two weeks from the adoption of the report referred to in article 51 , member states shall submit to the commission a solidarity response plan by completing the form in annex ii. the solidarity response plan shall indicate the type of contributions from among those set out in article 51(3)(b)(ii) or , where relevant , the measures set out in article 51(3)(b)(iii) that member states propose to take. where member states propose more than one type of contribution set out in article 51(3)(b)(ii) , they shall indicate the share of each. ### 3. within two weeks from the adoption of the report referred to in article 51 , member states are encouraged but not obliged to submit to the commission a voluntary contribution plan by completing the form in annex ii. the solidarity response plan shall indicate the type of contributions from among those set out in article 51(3)(b)(ii) or , where relevant , the measures set out in article 51(3)(b)(iii) that member states propose to take. where member states propose more than one type of contribution set out in article 51(3)(b)(ii) , they are encouraged to indicate the share of each.


### where the solidarity response plan includes return sponsorship , member states shall indicate the nationalities of the illegally staying third-country nationals present on the territory of the member state concerned that they intend to sponsor. ### where the voluntary contribution plan includes return sponsorship or relocation to a third country partner state reception centre , member states shall indicate the nationalities of the illegally staying third-country nationals present on the territory of the member state concerned that they intend to return or relocate to a third country partner state reception centre.


### where member states indicate measures set out in article 51(3)(b)(iii) in the solidarity response plan they shall also indicate the detailed arrangements and the time-frame for their implementation. ### where member states indicate measures set out in article 51(3)(b)(iii) in the voluntary contribution plan they are also encouraged to indicate the detailed arrangements and the time-frame for their implementation.


### 4. where the commission considers that the solidarity contributions indicated in the solidarity response plans do not correspond to the needs identified in the report on migratory pressure provided for in article 51 , it shall convene the solidarity forum. in such cases , the commission shall invite member states to adjust the type of contributions in their solidarity response plans in the course of the solidarity forum by submitting revised solidarity response plans. ### 4. where the commission considers that the solidarity contributions indicated in the voluntary contribution plans do not correspond to the needs identified in the report on migratory pressure provided for in article 51 , it shall recommend to the council to convene the voluntary contribution forum by way of unanimous decision. in such cases , the commission shall invite member states to adjust the type of contributions in their voluntary contribution plans in the course of the voluntary contribution forum by submitting revised voluntary contribution plans.


### 5. a member state proposing solidarity contributions set out in article 51(3)(b)(ii) , may request a deduction of 10% of its share calculated according to the distribution key set out in article 54 where it indicates in the solidarity response plans that over the preceding five years it has examined twice the union average per capita of applications for international protection. ### 5. a member state proposing voluntary contributions set out in article 51(3)(b)(ii) , may request a deduction of 100% of its share calculated according to the distribution key set out in article 54 where it indicates in the voluntary contribution plan that over the preceding four decades it has examined above the union average per capita of applications for international protection.


### where the measures proposed are not in proportion to the contributions that the contributing member state would have made by means of the measures referred to in article 45(1) , points (a) , (b) or (c) , the commission shall set out in the implementing act the measures proposed while adjusting their level. ### deleted


### where the measures proposed would lead to a shortfall greater than 30% of the total number of solidarity measures identified in the report on migratory pressure under article 51(3)(b)(ii) , the contributions set out in the implementing act shall be adjusted so that those member states indicating such measures would be required to cover 50% of their share calculated according to the distribution key set out in article 54 through measures set out in article 51(3)(b)(ii). the commission shall adjust measures referred to in article 51(3)(b)(iii) indicated by those member states accordingly. ### deleted


### the distribution referred to in paragraph 3 point (c) shall be adjusted where a member state making a request pursuant to article 52(5) demonstrates in the solidarity response plan that over the preceding 5 years it has been responsible for twice the union average per capita of applications for international protection. in such cases the member state shall receive a deduction of 10/% of its share calculated according to the distribution key set out in article 54. this deduction shall be distributed proportionately among the member states making contributions referred to in article 45(1) points (a) , (b) and (c); ### the distribution referred to in paragraph 3 point (c) shall be adjusted where a member state making a request pursuant to article 52(5) demonstrates in the voluntary contribution plan that over the preceding four decades it has been responsible for above union average per capita of applications for international protection. in such cases the member state shall receive a deduction of 100% of its share calculated according to the distribution key set out in article 54;


### those acts shall remain in force for a period not exceeding 1 year. ### those acts shall remain in force for a period not exceeding three months.


### the share of solidarity contributions referred to in article 45(1) , points (a) , (b) and (c) to be provided by each member state in accordance with articles 48 and 53 shall be calculated in accordance with the formula set out in annex iii and shall be based on the following criteria for each member state , according to the latest available eurostat data: ### the share of solidarity contributions referred to in article 45(1) , points (a) , (b) and (c) to be provided by each member state in accordance with articles 48 and 53 should take into account the actual efforts of the member states in the field of asylum , migration and border management , their effectiveness in terms of returns , their external dimension actions , the overall capacity of their own systems and potential migratory pressure on their territory. the member states whose burden of responsibility is greater should have the option of reducing their solidarity contribution.


### the share of solidarity contributions referred to in article 45(1) , points (a) , (b) and (c) to be provided by each member state in accordance with articles 48 and 53 shall be calculated in accordance with the formula set out in annex iii and shall be based on the following criteria for each member state , according to the latest available eurostat data: ### the share of contributions referred to in article 45(1) ,to be provided by the contributing member state , shall be calculated taking into account the following criteria:


### the size of the population (50% weighting); ### deleted


### the total gdp (50% weighting). ### deleted


### the total gdp (50% weighting). ### the inverse of the proportion of the population born in a third country (50% weighting).


### 1. a member state may commit to support a member state to return illegally staying third-country nationals by means of return sponsorship whereby , acting in close coordination with the benefitting member state , it shall take measures to carry out the return of those third-country nationals from the territory of the benefitting member state. ### 1. a member state may commit to return illegally staying third-country nationals by means of return sponsorship whereby , acting in close coordination with the benefitting member state , it shall take the necessary measures to carry out the return


### 2. where a member state commits to provide return sponsorship and the illegally staying third-country nationals who are subject to a return decision issued by the benefitting member state do not return or are not removed within 8 months , the member state providing return sponsorship shall transfer the persons concerned onto its own territory in line with the procedure set out in articles 57 and 58. this period shall start from the adoption of the implementing act referred to in article 53(1) or , where applicable , in article 49(2). ### deleted


### 2. where a member state commits to provide return sponsorship and the illegally staying third-country nationals who are subject to a return decision issued by the benefitting member state do not return or are not removed within 8 months , the member state providing return sponsorship shall transfer the persons concerned onto its own territory in line with the procedure set out in articles 57 and 58. this period shall start from the adoption of the implementing act referred to in article 53(1) or , where applicable , in article 49(2). ### 2. the member state providing return sponsorship shall transfer the persons concerned onto its own territory.


### 3. where a member state commits to provide return sponsorship in relation to third-country nationals who are not yet subject to a return decision in the benefitting member state , the period referred to in paragraph 2 shall start to run from either of the following dates: ### deleted


### 4. the measures referred to in paragraph 1 shall include one or more of the following activities carried out by the sponsoring member state: ### 4. the measures referred to in paragraph 1 shall include the following activities carried out by the sponsoring member state:


### providing counselling on return and reintegration to illegally staying third-country nationals; ### deleted


### providing counselling on return and reintegration to illegally staying third-country nationals; ### providing counselling on return and reintegration to third-country nationals;


### using the national programme and resources for providing logistical , financial and other material or in-kind assistance , including reintegration , to illegally staying third-country nationals willing to depart voluntarily; ### using the national programme and resources for providing logistical , financial and other material or in-kind assistance , including reintegration , to third-country nationals willing to depart voluntarily;


### organising on behalf of the benefitting member state the practical arrangements for the enforcement of return , such as charter or scheduled flights or other means of transport to the third country of return. ### organising the practical arrangements for the enforcement of return , such as charter or scheduled flights or other means of transport to the third country of return.


### these measures shall not affect the obligations and responsibilities of the benefitting member state laid down in directive 2008/115/ec. ### deleted


### article 56 ### deleted


### other solidarity contributions ### other voluntary contributions


### 1. where a member state requests solidarity support from other member states to assist it in addressing the migratory situation on its territory to prevent migratory pressure , it shall notify the commission of that request. ### 1. where a member state requests support from other member states to assist it in mitigation of migratory pressure , it shall notify the council and commission of that request.


### 2. any member state may , at any time , in response to a request for solidarity support by a member state , or on its own initiative , including in agreement with another member state , make contributions by means of the measures referred to in article 45 for the benefit of the member state concerned and with its agreement. contributions referred to in article 45 , point (d) shall be in accordance with the objectives of regulation (eu) xxx/xxx [asylum migration fund]. ### 2. any member state may , at any time , in response to a request for voluntary support by a member state , or on its own initiative , including in agreement with another member state and , if applicable , a third country partner state hosting reception centres , make contributions by means of the measures referred to in article 45 for the benefit of the member state concerned and with its agreement. contributions referred to in article 45 , point (d) shall seek to decrease migratory pressure and illegal entry to member state territory.


### 3. member states which have contributed or plan to contribute with solidarity contributions in response to a request for solidarity support by a member state , or on its own initiative , shall notify the commission , thereof by completing the solidarity support plan form set out in annex iv. the solidarity response plan shall include , where relevant , verifiable information , including on the scope and nature of the measures and their implementation. ### 3. member states which have contributed or plan to contribute with voluntary contributions in response to a request for voluntary support by a member state , or on its own initiative , shall notify the council and commission , thereof by completing the voluntary contribution plan form set out in annex iv. the voluntary contribution plan shall include , where relevant , verifiable information , including on the scope and nature of the measures and their implementation.


### [...] ### deleted


### procedure before relocation ### procedure before relocation to a third country partner state reception centre


### 2. before applying the procedure set out in this article , the benefitting member state shall ensure that there are no reasonable grounds to consider the person concerned a danger to national security or public order of that member state. if there are reasonable grounds to consider the person a danger to national security or public order , the benefitting member state shall not apply the procedure set out in this article and shall , where applicable , exclude the person from the list referred to in article 49(2). ### 2. before applying the procedure set out in this article , the benefitting member state shall ensure that there are no reasonable grounds to consider the person concerned a danger to national security or public order of the third country partner state providing for reception centres. if there are reasonable grounds to consider the person a danger to national security or public order , the member state planning to undertake the relocation to a third country partner state reception centre shall instead seek to return the applicant to their country of origin.


### 3. where relocation is to be applied , the benefitting member state shall identify the persons who could be relocated. where the person concerned is an applicant for or a beneficiary of international protection , that member state shall take into account , where applicable , the existence of meaningful links between the person concerned and the member state 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 consented to relocation in writing. ### 3. where relocation to third country partner state reception centres is to be applied , the benefitting member state shall identify the persons who could be relocated to third country partner state reception centres. where the person concerned is an applicant for or a beneficiary of international protection , the hosting third country partner state shall by way of agreement with one or multiple member state(s) take into account the existence of meaningful links between the person concerned and the culture , language and religion of the partner state providing reception centre capacity. for the purposes of this regulation only member states are competent to specify whether or not the consent of the beneficiary of international protection to be relocated to a third country reception centre is required , and to legislate to this effect if necessary.


### where relocation is to be applied pursuant to article 49 , the benefitting member state shall use the list drawn up by the asylum agency and the european border and coast guard agency referred to in article 49(2). ### where relocation to third country reception centres is to be applied the benefitting member state shall use the list drawn up by the asylum agency and the european border and coast guard agency referred to in article 49(2).


### the first subparagraph 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 15 to 20 and 24 , with the exception of article 15(5). those applicants shall not be eligible for relocation. ### deleted


### 4. when the period referred to in article 55(2) expires , the benefitting member state shall immediately inform the sponsoring member state that the procedure set out in paragraphs 5 to 10 shall be applied in respect of the illegally staying third-country nationals concerned. ### deleted


### 5. the benefitting member state shall transmit to the member state of relocation as quickly as possible the relevant information and documents on the person referred to in paragraphs 2 and 3. ### 5. the benefitting member state shall transmit to the member state arranging relocation to a third country partner state reception centre as quickly as possible the relevant information and documents on the person referred to in paragraphs 2 and 3.


### 6. the member state of relocation shall examine the information transmitted by the benefitting member state pursuant to paragraph 5 , and verify that there are no reasonable grounds to consider the person concerned a danger to its national security or public order. ### 6. the member state arranging relocation to a third country partner state reception centre shall examine the information transmitted by the benefitting member state and verify that there are no reasonable grounds to consider the person concerned a danger to the national security or public order of the third country partner state. if the person is determined to constitute a danger , they shall immediately be returned to their country of origin.


### 7. where there are no reasonable grounds to consider the person concerned a danger to its national security or public order , the member state of relocation shall confirm within one week that it will relocate the person concerned. ### 7. where there are no reasonable grounds to consider the person concerned a danger to its national security or public order , the member state arranging relocation shall confirm within one week that it will relocate the person concerned to a third country partner state reception centre.


### where the checks confirm that there are reasonable grounds to consider the person concerned a danger to its national security or public order , the member state of relocation shall inform within one week the benefitting 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. ### where the checks confirm that there are reasonable grounds to consider the person concerned a danger to the third country partner state hosting reception or its public order , the member state which is tasked with arranging relocation shall immediately prepare for the return of the person to their country of origin.


### where the checks confirm that there are reasonable grounds to consider the person concerned a danger to its national security or public order , the member state of relocation shall inform within one week the benefitting 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. ### where the checks confirm that there are reasonable grounds to consider the person concerned a danger to its national security or public order , the member state of relocation shall inform within one month the benefitting 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 that 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. ### deleted


### 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 that 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. ### 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 that time , the member state arranging relocation to a third country partner state reception centre 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 arranging relocation to a third country partner state reception centre shall communicate its decision 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 and the two-week period mentioned in the third subparagraph of this paragraph shall be tantamount to confirming the receipt of the information , and entail the obligation to relocate the person , including the obligation to provide for proper arrangements for arrival. ### deleted


### 8. the benefitting member state shall take a transfer decision at the latest 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. ### deleted


### 9. 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 at the latest 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 where there is a suspensive effect in accordance with article 33(3). ### 9. the transfer of any person from a member state to a third country partner state reception centre shall be carried out in accordance with the relevant bilateral or multilateral agreement with that third country.


### 10. articles 32(3) , (4) and (5) , articles 33 and 34 , article 35(1) and (3) , article 36(2) and (3) , and articles 37 and 39 shall apply mutatis mutandis to the transfer for the purpose of relocation. ### 10. articles 32(3) , (4) and (5) , articles 33 and 34 , article 35(1) and (3) , article 36(2) and (3) , and articles 37 and 39 shall apply mutatis mutandis to the transfer for the purpose of relocation to third country partner state reception centres.


### 11. the commission shall , by means of implementing acts , adopt uniform conditions for the preparation and submission of information and documents for the purpose of relocation. those implementing acts shall be adopted in accordance with the examination procedure referred to in article 67(2). ### 11. conditions for the preparation and submission of information and documents for the purpose of relocation shall be decided solely by member states so as to be fully compatible with bilateral or multilateral agreements with third countries hosting reception centres.


### article 58 ### deleted


### procedure after relocation ### procedure after relocation to third country partner state reception centres


### 1. the member state of relocation shall inform the benefitting member state of the safe arrival of the person concerned or of the fact that he or she did not appear within the set time limit. ### 1. the member state arranging relocation to third country partner state reception centres shall inform the benefitting member state of the safe arrival of the person concerned or of the fact that the relocation third country partner state reception centres has failed.


### 4. where the member state of relocation has relocated a beneficiary for international protection , the member state of relocation shall automatically grant international protection status respecting the respective status granted by the benefitting member state. ### deleted


### 5. where the member state of relocation has relocated a third-country national who is illegally staying on its territory , of directive 2008/115/ec shall apply. ### deleted


### the benefitting and contributing member states shall keep the commission informed on the implementation of solidarity measures taken on a bilateral level including measures of cooperation with a third country. ### member states shall keep the commission informed on the implementation of cooperation measures taken on a bilateral level including measures of cooperation with a third country.


### upon request , the commission shall coordinate the operational aspects of the measures offered by the contributing member states , including any assistance by experts or teams deployed by the asylum agency or the european border and coast guard agency. ### upon request , the commission shall coordinate the operational aspects of the measures agreed by the contributing member states , including any assistance by experts or teams deployed by the asylum agency or the european border and coast guard agency.


### funding support following relocation pursuant to chapters i and ii of part iv shall be implemented in accordance with article 17 of regulation (eu) xxx/xxx [asylum and migration fund]. ### funding support following relocation to third country partner state reception centres shall be implemented in accordance with article 16 of regulation (eu) xxx/xxx [asylum and migration fund].


### funding support following relocation pursuant to chapters i and ii of part iv shall be implemented in accordance with article 17 of regulation (eu) xxx/xxx [asylum and migration fund]. ### funding support following distribution pursuant to chapters i and ii of part iv shall be implemented in accordance with article 17 of regulation (eu) xxx/xxx [asylum and migration fund].


### article 67 ### deleted


### article 68 ### deleted


### no sooner than [five] years after the date of application of this regulation , and every five years thereafter , the commission shall carry out an evaluation of this regulation. the commission shall present a report on the main findings to the european parliament , the council and the european economic and social committee. member states shall provide the commission all information necessary for the preparation of that report , at the latest six months before the [five] years time limit expires. ### no sooner than [two] years after the date of application of this regulation , and every two years thereafter , the commission shall carry out an evaluation of this regulation.


### with regard to beneficiaries of international protection , the required period of legal and continuous residence shall be three years. ### with regard to beneficiaries of international protection who are not hosted by a third country under an agreement with a member state , the required period of legal and continuous residence shall be ten years.


### 1. member states shall receive , in addition to their allocation calculated in accordance with point (a) of article 11(1) , an amount of eur 10 000 for each person admitted through resettlement or humanitarian admission. ### 1. member states , or third-country partner states that have entered into agreements with member states to process requests for international protection and facilitate such protection on their behalf , shall receive an amount of eur 10 000 for each person relocated to the reception centres of those third-country partner states.


### 2. where appropriate , member states may also be eligible for an additional amount of eur 10 000 for family members of persons referred to in paragraph 1 , if the persons are admitted to ensure family unity. ### 2. where appropriate , member states may also be eligible for an additional amount of eur 10 000 for family members of persons referred to in paragraph 1 , if those persons are relocated to the same reception centre of the third-country partner state to ensure family unity.


### 4. the additional amount referred to in paragraph 1 shall be allocated to the member state programme. the funding shall not be used for other actions in the programme except in duly justified circumstances and as approved by the commission through the amendment of the programme. the amount referred to in paragraph 1 may be included in the payment applications to the commission , provided that the person in respect of whom the amount is allocated was resettled or admitted. ### 4. the additional amount referred to in paragraph 1 shall be allocated to the member state carrying out the relocation to a third-country partner state.


### 5. member states shall keep the information necessary to allow the proper identification of the persons resettled or admitted and of the date of their resettlement or admission , while applicable provisions concerning data retention periods shall prevail. ### 5. member states shall keep the information necessary to allow the proper identification of the persons resettled to a third-country partner state.


### [...] ### deleted


### regulation (eu) no 604/2013 is repealed. ### deleted


### references to the repealed regulation shall be construed as references to this regulation. ### deleted


### it shall apply to applications for international protection registered as from [the first day of the thirteenth month following its entry into force]. the member state responsible for the examination of an application for international protection submitted before that date shall be determined in accordance with the criteria set out in regulation 604/2013. ### it shall apply to applications for international protection registered as from [the first day of the thirteenth month following its entry into force]. the member state responsible for the examination of an application for international protection submitted before and after that date shall be determined in accordance with the criteria set out in regulation 604/2013.


### this regulation shall be binding in its entirety and directly applicable in the member states in accordance with the treaties. ### this regulation shall be binding in its entirety and directly applicable in the member states in accordance with the treaties and their national constitutions.


### standard form for establishing a search and rescue solidarity response plan in accordance with article 47 ### deleted


### — reference no……. (rev)73 ….. ### — reference no……. (rev)73 …..


### standard form for establishing a solidarity response plan in accordance with article 50 ### standard form for establishing a voluntary contribution plan in accordance with article 50


### — reference no: ……. (rev)74 ….. ### — reference no: ……. (rev)74 …..


### population effectms76 ### population effectms76


### gdp effectms 77 ### the inverse of the proportion of the population born in a third countryms 77


### sharems = 50% population effectms + 50% gdp effectms ### sharems = 50% population effectms + 50% the inverse of the proportion of the population born in a third countryms


### standard form for contributing to a solidarity support plan in accordance with article 54 ### standard form for contributing to a voluntary contribution plan in accordance with article 54


### (30) in order to ensure a comprehensive and effective solidarity response and in order to give clarity to member states receiving support , the commission should adopt an implementing act specifying the contributions to be made by each member state. such contributions should always be based on the type of contributions indicated by the member state concerned in the solidarity response plan , except where that member state failed to submit one. in such cases , the measures set out in the implementing act for the member state concerned should be determined by the commission. ### deleted


### (31) a distribution key based on the size of the population and of the economy of the member states should be applied as a point of reference for the operation of the solidarity mechanism enabling the determination of the overall contribution of each member state. ### deleted


### (31) a distribution key based on the size of the population and of the economy of the member states should be applied as a point of reference for the operation of the solidarity mechanism enabling the determination of the overall contribution of each member state. ### (31) a distribution key based on the size of the population and the inverse of the proportion of the population born in a third country of the member states should be applied as a point of reference for the operation of the solidarity mechanism enabling the determination of the overall contribution of each member state.


### (32) a member state should be able to take , at its own initiative or at the request of another member state , other solidarity measures on a voluntary basis to assist that member state in addressing the migratory situation or to prevent migratory pressure. those contributions should include measures aimed at strengthening the capacity of the member state under pressure or at responding to migratory trends through cooperation with third countries. in addition , such solidarity measures should include relocation of third-country nationals that are in the border procedure as well as illegally staying third-country nationals. in order to incentivise voluntary solidarity , where member states make voluntary contributions in the form of relocation or return sponsorship , those contributions should be taken into account in the implementing act provided for in respect of situations of migratory pressure. ### (32) a member state should be able to and encouraged to take , at its own initiative or at the request of another member state , other measures on a voluntary basis to assist that member state in addressing the migratory situation or to prevent migratory pressure.


### (32) a member state should be able to take , at its own initiative or at the request of another member state , other solidarity measures on a voluntary basis to assist that member state in addressing the migratory situation or to prevent migratory pressure. those contributions should include measures aimed at strengthening the capacity of the member state under pressure or at responding to migratory trends through cooperation with third countries. in addition , such solidarity measures should include relocation of third-country nationals that are in the border procedure as well as illegally staying third-country nationals. in order to incentivise voluntary solidarity , where member states make voluntary contributions in the form of relocation or return sponsorship , those contributions should be taken into account in the implementing act provided for in respect of situations of migratory pressure. ### (32) a member state should be able to take , at its own initiative or at the request of another member state , other cooperation measures on a voluntary basis to enhance the resilience of the european union in the areas of asylum and migration management. those contributions should include measures aimed at strengthening the cooperation with third countries. in addition , such measures may include a broader commitment in distribution of beneficiaries of international protection whose eligibility has been established in third countries before they have been granted legal access to the european union.


### (33) the common european asylum system (ceas) has been built progressively as a common area of protection based on the full and inclusive application of the geneva convention relating to the status of refugees of 28 july 1951 , as supplemented by the new york protocol of 31 january 1967 (‘the geneva convention’) , thus ensuring that no person is sent back to persecution , in compliance with the principle of non-refoulement. in this respect , and without the responsibility criteria laid down in this regulation being affected , member states , all respecting the principle of non-refoulement , are considered as safe countries for third-country nationals. ### deleted


### (34) it is appropriate that a clear and workable method for determining the member state responsible for the examination of an application for international protection should be included in the common european asylum system40 . that method should be based on objective , fair criteria both for the member states and for the persons concerned. it should , in particular , make it possible to determine rapidly the member state responsible , so as to guarantee effective access to the procedures for granting international protection and not to compromise the objective of the rapid processing of applications for international protection. ### (34) the processing of asylum applications should , as a general rule , take place outside the territory of the union. therefore , all illegal migrants who are intercepted before their arrival in the european union should be sent directly to the territory of a partner third country. without prejudice to this general rule , a clear and workable method for determining the member state responsible for the examination of an application for international protection for those persons who have arrived to the territory of the union in circumvention of the general rule should be included in the common european asylum system40. that method should be based on objective , fair criteria both for the member states and for the persons concerned. it should , in particular , make it possible to determine rapidly the member state responsible , so as to guarantee effective access to the procedures for granting international protection and not to compromise the objective of the rapid processing of applications for international protection.


### (34) it is appropriate that a clear and workable method for determining the member state responsible for the examination of an application for international protection should be included in the common european asylum system40 . that method should be based on objective , fair criteria both for the member states and for the persons concerned. it should , in particular , make it possible to determine rapidly the member state responsible , so as to guarantee effective access to the procedures for granting international protection and not to compromise the objective of the rapid processing of applications for international protection. ### (34) a clear and workable method for determining the member state responsible for the examination of an application for international protection is already established by regulation (eu) no 604/2013 , and the european union and member states should at all times , especially during times of crisis , respect the rule of law.


### (35) this regulation should be based on the principles underlying regulation (eu) no 604/2013 of the european parliament and of the council41 while developing the principle of solidarity and fair sharing of responsibility as part of the common framework. to that end , a new solidarity mechanism should enable a strengthened preparedness of member states to manage migration , to address situations where member states are faced with migratory pressure and to facilitate regular solidarity support among member states. ### deleted


### (35) this regulation should be based on the principles underlying regulation (eu) no 604/2013 of the european parliament and of the council41 while developing the principle of solidarity and fair sharing of responsibility as part of the common framework. to that end , a new solidarity mechanism should enable a strengthened preparedness of member states to manage migration , to address situations where member states are faced with migratory pressure and to facilitate regular solidarity support among member states. ### (35) this regulation should be based on the principles established by regulation (eu) no 604/2013 of the european parliament and of the council41.


### (36) this regulation should apply to applicants for subsidiary protection and persons eligible for subsidiary protection in order to ensure equal treatment for all applicants and beneficiaries of international protection , and consistency with the current union asylum acquis , in particular with regulation (eu) xxx/xxx [qualification regulation]. ### deleted


### (36) this regulation should apply to applicants for subsidiary protection and persons eligible for subsidiary protection in order to ensure equal treatment for all applicants and beneficiaries of international protection , and consistency with the current union asylum acquis , in particular with regulation (eu) xxx/xxx [qualification regulation]. ### (36) the principles of relocation to third country partner state reception centres for processing and facilitation of international protection should apply to applicants for subsidiary protection in order to ensure equal treatment for all applicants of international protection.


### (37) persons granted immediate protection pursuant to regulation (eu) xxx/xxx [regulation addressing situations of crisis and force majeure in the field of asylum and migration] should continue to be considered as applicants for international protection , in view of their pending (suspended) application for international protection within the meaning of regulation (eu) xxx/xxx [asylum procedure regulation]. as such , they should fall under the scope of this regulation and be considered as applicants for the purpose of applying the criteria and mechanisms for determining the member state responsible for examining their applications for international protection or the procedure for relocation as set out in this regulation. ### (37) persons granted immediate protection after relocation to a third country partner state reception centre pursuant to regulation (eu) xxx/xxx [regulation addressing situations of crisis and force majeure in the field of asylum and migration] should continue to be considered as applicants for international protection , in view of their pending (suspended) application for international protection within the meaning of regulation (eu) xxx/xxx [asylum procedure regulation] , unless otherwise specified in national law of the member state arranging the relocation or agreements between that state and a third country specifying the arrangement enabling operation of reception centres in the partner state.


### (38) in order to limit unauthorised movements and to ensure that the member states have the necessary tools to ensure transfers of beneficiaries of international protection who entered the territory of another member state than the member state responsible without fulfilling the conditions of stay in that other member state to the member state responsible , and to ensure effective solidarity between member states , this regulation should also apply to beneficiaries of international protection. likewise , this regulation should apply to persons resettled or admitted by a member state in accordance with regulation (eu) xxx/xxx [union resettlement framework regulation] or who are granted international protection or humanitarian status under a national resettlement scheme. ### deleted


### (38) in order to limit unauthorised movements and to ensure that the member states have the necessary tools to ensure transfers of beneficiaries of international protection who entered the territory of another member state than the member state responsible without fulfilling the conditions of stay in that other member state to the member state responsible , and to ensure effective solidarity between member states , this regulation should also apply to beneficiaries of international protection. likewise , this regulation should apply to persons resettled or admitted by a member state in accordance with regulation (eu) xxx/xxx [union resettlement framework regulation] or who are granted international protection or humanitarian status under a national resettlement scheme. ### (38) in order to limit unauthorised movements and to ensure that the member states have the necessary tools to ensure transfers of beneficiaries of international protection who entered the territory of another member state than the member state responsible without fulfilling the conditions of stay in that other member state to the member state responsible , and to ensure effective cooperation between member states , this regulation should also apply to beneficiaries of international protection. likewise , this regulation should apply to persons resettled or admitted by a member state in accordance with regulation (eu) xxx/xxx [union resettlement framework regulation] or who are granted international protection or humanitarian status under a national resettlement scheme.


### (39) at the same time , and given the importance of facilitating the full integration of beneficiaries of international protection in the member state of residence , the prospect of obtaining long-term resident status in a shorter period of time should be provided for. beneficiaries of international protection should be able to obtain long-term resident status in the member state which granted them international protection after three years of legal and continuous residence in that member state. as regards other conditions to obtain the status , beneficiaries of international protection should be required to fulfil the same conditions as other third-country nationals. council directive 2003/109/ec42 should therefore be amended accordingly. ### deleted


### (40) for reasons of efficiency and legal certainly , it is essential that the regulation is based on the principle that responsibility is determined only once , unless the person concerned has left the territory of the member states in compliance with a return decision or removal order. ### (40) it is advisable that the regulation is based on the principle that responsibility is determined only once , unless the person concerned has left the territory of the member states whether or not in compliance with a return decision or removal order following the withdrawal or rejection of the application.


### (41) directive xxx/xxx/eu [reception conditions directive] of the european parliament and of the council43 should apply to the procedure for the determination of the member state responsible as regulated under this regulation , subject to the limitations in the application of that directive. ### deleted


### (43) in accordance with the 1989 united nations convention on the rights of the child and with the charter of fundamental rights of the european union , the best interests of the child should be a primary consideration of member states when applying this regulation. in assessing the best interests of the child , member states should , in particular , take due account of the minor’s well-being and social development , safety and security considerations and the views of the minor in accordance with his or her age and maturity , including his or her background. in addition , specific procedural guarantees for unaccompanied minors should be laid down on account of their particular vulnerability. ### (43) the best interests of the citizens of the member states , including children , should be a primary consideration of member states when applying this regulation. in assessing their best interests , member states should , in particular , take due account of the effect on social cohesion of large scale migration.


### (44) in accordance with the european convention for the protection of human rights and fundamental freedoms and with the charter of fundamental rights of the european union , respect for family life should be a primary consideration of member states when applying this regulation. ### (44) in accordance with the european convention for the protection of human rights and fundamental freedoms and with the charter of fundamental rights of the european union , maintaining the european way of life should be a primary consideration of member states when applying this regulation.


### (46) the processing together of the applications for international protection of the members of one family by a single member state should make it possible to ensure that the applications are examined thoroughly , the decisions taken in respect of them are consistent and the members of one family are not separated. ### (46) the processing together of the applications for international protection of the members of one family by a single member state in a third country partner state relocation centre should make it possible to ensure that the applications are examined thoroughly , the decisions taken in respect of them are consistent and the members of one family are not separated during the process and in case international protection is granted and provided for by way of agreement with a third country partner state.


### (47) the definition of a family member in this regulation should include the sibling or siblings of the applicant. reuniting siblings is of particular importance for improving the chances of integration of applicants and hence reducing unauthorised movements. the scope of the definition of family member should also reflect the reality of current migratory trends , according to which applicants often arrive to the territory of the member states after a prolonged period of time in transit. the definition should therefore include families formed outside the country of origin , but before their arrival on the territory of the member state. this limited and targeted enlargement of the scope of the definition is expected to reduce the incentive for some unauthorised movements of asylum seekers within the eu. ### deleted


### (47) the definition of a family member in this regulation should include the sibling or siblings of the applicant. reuniting siblings is of particular importance for improving the chances of integration of applicants and hence reducing unauthorised movements. the scope of the definition of family member should also reflect the reality of current migratory trends , according to which applicants often arrive to the territory of the member states after a prolonged period of time in transit. the definition should therefore include families formed outside the country of origin , but before their arrival on the territory of the member state. this limited and targeted enlargement of the scope of the definition is expected to reduce the incentive for some unauthorised movements of asylum seekers within the eu. ### (47) the definition of a family member in this regulation should include the sibling or siblings of the applicant. reuniting siblings is of particular importance for improving the chances of integration of applicants and hence reducing unauthorised movements. the definition should include families formed outside the country of origin , but before their arrival on the territory of the member state. this limited and targeted enlargement of the scope of the definition is expected to reduce the incentive for some unauthorised movements of asylum seekers within the eu.


### (48) in order to ensure full respect for the principle of family unity and for the best interests of the child , the existence of a relationship of dependency between an applicant and his or her child , sibling or parent on account of the applicant’s pregnancy or maternity , state of health or old age , should be a binding responsibility criterion. when the applicant is an unaccompanied minor , the presence of a family member or relative on the territory of another member state who can take care of him or her should also become a binding responsibility criterion. in order to discourage unauthorised movements of unaccompanied minors , which are not in their best interests , in the absence of a family member or a relative , the member state responsible should be that where the unaccompanied minor’s application for international protection was first registered , unless it is demonstrated that this would not be in the best interests of the child. before transferring an unaccompanied minor to another member state , the transferring member state should make sure that that member state will take all necessary and appropriate measures to ensure the adequate protection of the child , and in particular the prompt appointment of a representative or representatives tasked with safeguarding respect for all the rights to which they are entitled. any decision to transfer an unaccompanied minor should be preceded by an assessment of his or her best interests by staff with the necessary qualifications and expertise. ### deleted


### (48) in order to ensure full respect for the principle of family unity and for the best interests of the child , the existence of a relationship of dependency between an applicant and his or her child , sibling or parent on account of the applicant’s pregnancy or maternity , state of health or old age , should be a binding responsibility criterion. when the applicant is an unaccompanied minor , the presence of a family member or relative on the territory of another member state who can take care of him or her should also become a binding responsibility criterion. in order to discourage unauthorised movements of unaccompanied minors , which are not in their best interests , in the absence of a family member or a relative , the member state responsible should be that where the unaccompanied minor’s application for international protection was first registered , unless it is demonstrated that this would not be in the best interests of the child. before transferring an unaccompanied minor to another member state , the transferring member state should make sure that that member state will take all necessary and appropriate measures to ensure the adequate protection of the child , and in particular the prompt appointment of a representative or representatives tasked with safeguarding respect for all the rights to which they are entitled. any decision to transfer an unaccompanied minor should be preceded by an assessment of his or her best interests by staff with the necessary qualifications and expertise. ### (48) in order to ensure full respect for the principle of family unity and for the best interests of the child , the existence of a relationship of dependency between an applicant and his or her child , sibling or parent on account of the applicant’s pregnancy or maternity , state of health or old age , should be a binding responsibility criterion. when the applicant is an unaccompanied minor , the presence of a family member or relative on the territory of another member state who can take care of him or her should also become a binding responsibility criterion. in order to discourage unauthorised movements of unaccompanied minors , which are not in their best interests , in the absence of a family member or a relative , the member state responsible should be that where the unaccompanied minor’s application for international protection was first registered. before transferring an unaccompanied minor to a third country partner state reception centre , the transferring member state should make sure that that the third country partner state will take all necessary and appropriate measures to ensure the adequate protection of the child.


### (48) in order to ensure full respect for the principle of family unity and for the best interests of the child , the existence of a relationship of dependency between an applicant and his or her child , sibling or parent on account of the applicant’s pregnancy or maternity , state of health or old age , should be a binding responsibility criterion. when the applicant is an unaccompanied minor , the presence of a family member or relative on the territory of another member state who can take care of him or her should also become a binding responsibility criterion. in order to discourage unauthorised movements of unaccompanied minors , which are not in their best interests , in the absence of a family member or a relative , the member state responsible should be that where the unaccompanied minor’s application for international protection was first registered , unless it is demonstrated that this would not be in the best interests of the child. before transferring an unaccompanied minor to another member state , the transferring member state should make sure that that member state will take all necessary and appropriate measures to ensure the adequate protection of the child , and in particular the prompt appointment of a representative or representatives tasked with safeguarding respect for all the rights to which they are entitled. any decision to transfer an unaccompanied minor should be preceded by an assessment of his or her best interests by staff with the necessary qualifications and expertise. ### (48) in order to ensure full respect for the principle of family unity and for the best interests of the child , the existence of a relationship of dependency between an applicant and his or her child , sibling or parent on account of the applicant’s pregnancy or maternity , state of health or old age , should be a binding responsibility criterion. when the applicant is an unaccompanied minor , the presence of a family member or relative on the territory of another member state who can take care of him or her should also become a binding responsibility criterion. in order to discourage unauthorised movements of unaccompanied minors , which are not in their best interests , in the absence of a family member or a relative , the member state responsible should be that where the unaccompanied minor’s most recent application for international protection has been lodged , unless it is demonstrated that this would not be in the best interests of the child. before transferring an unaccompanied minor to another member state , the transferring member state should make sure that that member state will take all necessary and appropriate measures to ensure the adequate protection of the child , and in particular the prompt appointment of a representative or representatives tasked with safeguarding respect for all the rights to which they are entitled. any decision to transfer an unaccompanied minor should be preceded by an assessment of his or her best interests by staff with the necessary qualifications and expertise.


### (49) the rules on evidence should allow for a swifter family reunification than until now. it is therefore necessary to clarify that formal proof , such as original documentary evidence and dna testing , should not be necessary in cases where the circumstantial evidence is coherent , verifiable and sufficiently detailed to establish responsibility for examining an application for international protection. ### (49) the rules on evidence should not allow for swifter family reunification and should necessitate formal proof , such as original documentary evidence and dna as well as biometric testing.


### (49) the rules on evidence should allow for a swifter family reunification than until now. it is therefore necessary to clarify that formal proof , such as original documentary evidence and dna testing , should not be necessary in cases where the circumstantial evidence is coherent , verifiable and sufficiently detailed to establish responsibility for examining an application for international protection. ### (49) the rules on evidence should allow for a swifter family reunification than until now. it is therefore necessary to clarify that formal proof , such as original documentary evidence and dna testing , should not be necessary in cases where the circumstantial evidence is sufficient to establish responsibility for examining an application for international protection.


### (50) where persons are in possession of a diploma or other qualification , the member state where the diploma was issued should be responsible for examining their application. this would ensure a swift examination of the application in the member state with which the applicant has meaningful links based on such a diploma. ### deleted


### (51) considering that a member state should remain responsible for a person who has irregularly entered its territory , it is also necessary to include the situation when the person enters the territory following a search and rescue operation. a derogation from this responsibility criterion should be laid down for the situation where a member state has relocated persons having crossed the external border of another member state irregularly or following a search and rescue operation. in such a situation , the member state of relocation should be responsibile if the person applies for international protection. ### deleted


### (51) considering that a member state should remain responsible for a person who has irregularly entered its territory , it is also necessary to include the situation when the person enters the territory following a search and rescue operation. a derogation from this responsibility criterion should be laid down for the situation where a member state has relocated persons having crossed the external border of another member state irregularly or following a search and rescue operation. in such a situation , the member state of relocation should be responsibile if the person applies for international protection. ### (51) considering that a member state should remain responsible for a person who has illegally entered its territory , it is also necessary to include the situation when the person enters the territory following a search and rescue operation. in a situation where a member state has relocated persons having crossed the external border of another member state illegally or following a search and rescue operation the member state of relocation should be responsible if the person applies for international protection.


### (52) any member state should be able to derogate from the responsibility criteria in particular on humanitarian and compassionate grounds , in order to bring together family members , relatives or any other family relations and examine an application for international protection registered with it or with another member state , even if such examination is not its responsibility under the binding criteria laid down in this regulation. ### (52) any member state should be able to derogate from the responsibility criteria in particular on humanitarian and compassionate grounds , in order to bring together family members , relatives or any other family relations and examine an application for international protection registered with it or with another member state , even if such examination is not its responsibility under the criteria laid down in this regulation.


### (53) in order to ensure that the procedures set out in this regulation are respected and to prevent obstacles to the efficient application of this regulation , in particular in order to avoid absconding and unauthorised movements between member states , it is necessary to establish clear obligations to be complied with by the applicant in the context of the procedure , of which he or she should be duly informed in a timely manner. violation of those legal obligations should lead to appropriate and proportionate procedural consequences for the applicant and to appropriate and proportionate consequences in terms of his or her reception conditions. in line with the charter of fundamental rights of the european union , the member state where such an applicant is present should in any case ensure that the immediate material needs of that person are covered. ### (53) in order to ensure that the procedures set out in this regulation are respected and to prevent obstacles to the efficient application of this regulation , in particular in order to avoid absconding and unauthorised movements between member states , it is necessary to establish clear obligations to be complied with by the applicant in the context of the procedure , of which he or she should be duly informed in a timely manner. violation of those legal obligations should lead to immediate procedural consequences for the applicant and also encompassing the terms of his or her reception conditions. in order to reduce the prevalence of unauthorized movements and absconding. the member states and the european union should legislate and communicate clearly that such violations lead to an immediate and irrevocable personal lifetime prohibition on applying for international protection in all member states of the european union.


### (53) in order to ensure that the procedures set out in this regulation are respected and to prevent obstacles to the efficient application of this regulation , in particular in order to avoid absconding and unauthorised movements between member states , it is necessary to establish clear obligations to be complied with by the applicant in the context of the procedure , of which he or she should be duly informed in a timely manner. violation of those legal obligations should lead to appropriate and proportionate procedural consequences for the applicant and to appropriate and proportionate consequences in terms of his or her reception conditions. in line with the charter of fundamental rights of the european union , the member state where such an applicant is present should in any case ensure that the immediate material needs of that person are covered. ### (53) in order to ensure that the procedures set out in this regulation are respected and to prevent obstacles to the efficient application of this regulation , in particular in order to avoid absconding and unauthorised movements between member states , it is necessary to establish clear obligations to be complied with by the applicant in the context of the procedure , of which he or she should be duly informed in a timely manner. violation of those legal obligations should lead to appropriate and proportionate procedural consequences for the applicant and to appropriate and proportionate consequences in terms of his or her reception conditions. member states could impose additional obligations in accordance with national law. in line with the charter of fundamental rights of the european union , the member state where such an applicant is present should in any case ensure that the immediate material needs of that person are covered


### (54) in order to limit the possibility for applicants’ behaviour to lead to the cessation or shift of responsibility to another member state , rules allowing for cessation or shift of responsibility where the person leaves the territory of the member states for at least three months during examination of the application or absconds to evade a transfer to the member state responsible for more than 18 months should be deleted. the shift of responsibility when the time limit for sending a take back notification has not been respected by the notifying member state should also be removed in order to discourage circumventing the rules and obstruction of procedure. in situations where a person has entered a member state irregularly without applying for asylum , the period after which the responsibility of that member state ceases and another member state where that person subsequently applies becomes responsible should be extended , to further incentivise persons to comply with the rules and apply in the first member state of entry and hence limit unauthorised movements and increase the overall efficiency of the ceas. ### deleted


### (54) in order to limit the possibility for applicants’ behaviour to lead to the cessation or shift of responsibility to another member state , rules allowing for cessation or shift of responsibility where the person leaves the territory of the member states for at least three months during examination of the application or absconds to evade a transfer to the member state responsible for more than 18 months should be deleted. the shift of responsibility when the time limit for sending a take back notification has not been respected by the notifying member state should also be removed in order to discourage circumventing the rules and obstruction of procedure. in situations where a person has entered a member state irregularly without applying for asylum , the period after which the responsibility of that member state ceases and another member state where that person subsequently applies becomes responsible should be extended , to further incentivise persons to comply with the rules and apply in the first member state of entry and hence limit unauthorised movements and increase the overall efficiency of the ceas. ### (54) in order to limit the possibility for applicants’ behaviour to lead to the cessation or shift of responsibility to another member state , rules allowing for cessation or shift of responsibility where the person leaves the territory of the member states for at least three months during examination of the application or absconds to evade a transfer to the member state responsible for more than 18 months should be deleted. the shift of responsibility when the time limit for sending a take back notification has not been respected by the notifying member state should also be removed in order to discourage circumventing the rules and obstruction of procedure. in situations where a person has entered a member state illegally without applying for asylum , the period after which the responsibility of that member state ceases and another member state where that person subsequently applies becomes responsible should be extended , to further incentivise persons to comply with the rules and apply in the first member state of entry and hence limit unauthorised movements and increase the overall efficiency of the ceas.


### (58) in order to ensure the speedy determination of responsibility , the deadlines for making and replying to requests to take charge , for making take back notifications , as well as for making and deciding on appeals , should be streamlined and shortened. ### (58) in order to ensure the speedy determination of responsibility , the deadlines for making and replying to requests to take charge , for making and replying to requests to take back , as well as for making and deciding on appeals , should be streamlined and shortened.


### (59) the detention of applicants should be applied in accordance with the underlying principle that a person should not be held in detention for the sole reason that he or she is seeking international protection. detention should be for as short a period as possible and subject to the principles of necessity and proportionality thereby only being allowed as a measure of last resort. in particular , the detention of applicants must be in accordance with article 31 of the geneva convention. the procedures provided for under this regulation in respect of a detained person should be applied as a matter of priority , within the shortest possible deadlines. as regards the general guarantees governing detention , as well as detention conditions , where appropriate , member states should apply the provisions of directive xxx/xxx/eu [reception conditions directive] also to persons detained on the basis of this regulation. ### (59) the detention of applicants should be applied in accordance with the underlying principle that a person should not be held in detention for the sole reason that he or she is seeking international protection. detention should be for as short a period as possible and subject to the principles of necessity and proportionality. the procedures provided for under this regulation in respect of a detained person should be applied as a matter of priority , within the shortest possible deadlines.


### (59) the detention of applicants should be applied in accordance with the underlying principle that a person should not be held in detention for the sole reason that he or she is seeking international protection. detention should be for as short a period as possible and subject to the principles of necessity and proportionality thereby only being allowed as a measure of last resort. in particular , the detention of applicants must be in accordance with article 31 of the geneva convention. the procedures provided for under this regulation in respect of a detained person should be applied as a matter of priority , within the shortest possible deadlines. as regards the general guarantees governing detention , as well as detention conditions , where appropriate , member states should apply the provisions of directive xxx/xxx/eu [reception conditions directive] also to persons detained on the basis of this regulation. ### (59) the detention of applicants should be applied in accordance with the underlying principle that a person should not be held in detention for the sole reason that he or she is seeking international protection. detention should be subject to the principles of necessity and proportionality in accordance with national law. as regards the general guarantees governing detention , as well as detention conditions , where appropriate , member states should apply the provisions of directive xxx/xxx/eu [reception conditions directive] also to persons detained on the basis of this regulation.