### 4. the commission shall adopt a migration management report each year setting out the anticipated evolution of the migratory situation and the preparedness of the union and the member states. in the case of migratory flows generated by search and rescue operations , the commission shall consult the concerned member states and the report shall set out the total number of projected disembarkations in the short term and the solidarity response that would be required to contribute to the needs of the member states of disembarkation through relocation and through measures in the field of capacity building , operational support and measures in the field of the external dimension. the report shall also indicate whether particular member states are faced with capacity challenges due to the presence of third-country nationals who are vulnerable and include the results of the reporting on monitoring listed in paragraph 3 including the information gathered within the framework of the migration preparedness and crisis blueprint and propose improvements where appropriate. ### 4. the commission shall adopt a migration report each year setting out the anticipated evolution of the migratory situation and the preparedness of the union and the member states with regard to external and internal factors influencing migratory flows. the commission shall build on the inputs by member states when drawing up the report. the report shall also indicate whether particular member states are faced with capacity challenges due to the presence of third-country nationals who are vulnerable and include the results of the reporting on monitoring listed in paragraph 3 including the information gathered within the framework of the migration preparedness and crisis blueprint and propose improvements where appropriate.


### 4. the commission shall adopt a migration management report each year setting out the anticipated evolution of the migratory situation and the preparedness of the union and the member states. in the case of migratory flows generated by search and rescue operations , the commission shall consult the concerned member states and the report shall set out the total number of projected disembarkations in the short term and the solidarity response that would be required to contribute to the needs of the member states of disembarkation through relocation and through measures in the field of capacity building , operational support and measures in the field of the external dimension. the report shall also indicate whether particular member states are faced with capacity challenges due to the presence of third-country nationals who are vulnerable and include the results of the reporting on monitoring listed in paragraph 3 including the information gathered within the framework of the migration preparedness and crisis blueprint and propose improvements where appropriate. ### 4. the commission shall adopt a migration management report each year setting out the anticipated evolution of the migratory situation and the preparedness of the union and the member states. in the case of migratory flows generated by search and rescue operations , the commission shall consult the concerned member states , whose assessments shall be given due consideration , and the report shall include an indicative estimate of the total number of projected disembarkations in the short term and the solidarity response that would be required to contribute to the needs of the member states of disembarkation through relocation and through measures in the field of capacity building , operational support and measures in the field of the external dimension. the report shall also indicate whether particular member states are faced with capacity challenges due to the presence of third-country nationals who are vulnerable and include the results of the reporting on monitoring listed in paragraph 3 including the information gathered within the framework of the migration preparedness and crisis blueprint and propose improvements where appropriate.


### 5. the member states shall establish the national strategies by [one year after the entry into force of this regulation] at the latest. the first european asylum and migration management strategy shall be adopted by [18 months after the entry into force of this regulation] at the latest and the first migration management report shall be issued by [one year after the entry into force of this regulation] at the latest. ### 5. the member states shall establish the national strategies by [one year after the entry into force of this regulation] at the latest. the first migration management report shall be issued by [one year after the entry into force of this regulation] at the latest.


### 6. the commission shall monitor and provide information on the migratory situation through regular situational reports based on good quality data and information provided by member states , the external action service , the asylum agency , the european border and coast guard agency , europol and the fundamental rights agency and notably the information gathered within the framework of the migration preparedness and crisis blueprint and its network. ### 6. the commission shall monitor and provide information on the migratory situation through regular situational reports based on good quality data and information provided by member states , the external action service , the asylum agency , the european border and coast guard agency , europol and the fundamental rights agency and notably the information gathered within the framework of the migration preparedness and crisis blueprint and its network , and reports provided by the organizations in article 6 (2) (da).


### article 7 ### deleted


### cooperation with third countries to facilitate return and readmission ### cooperation with third countries on border and migration management


### 1. where the commission , on the basis of the analysis carried out in accordance with article 25a(2) or (4) of regulation (eu) no 810/2009 of the european parliament and of the council57 and of any other information available , considers that a third country is not cooperating sufficiently on the readmission of illegally staying third-country nationals , and without prejudice to article 25(a)(5) of that regulation , it shall submit a report to the council including , where appropriate , the identification of any measures which could be taken to improve the cooperation of that third country as regards readmission , taking into account the union’s overall relations with the third country. ### 1. where the commission , on the basis of the analysis carried out in accordance with article 25a(2) or (4) of regulation (eu) no 810/2009 of the european parliament and of the council57 and of any other information available , considers that a third country is not cooperating sufficiently on the readmission of illegally staying third-country nationals , and without prejudice to article 25(a)(5) of that regulation , it shall submit a report to the council including , where appropriate , the identification of any measures which could be taken to improve the cooperation of that third country as regards readmission , taking into account and without prejudice to the union’s overall relations with the third country and in consultation with all relevant commission services and the european external action service.


### 1. where the commission , on the basis of the analysis carried out in accordance with article 25a(2) or (4) of regulation (eu) no 810/2009 of the european parliament and of the council57 and of any other information available , considers that a third country is not cooperating sufficiently on the readmission of illegally staying third-country nationals , and without prejudice to article 25(a)(5) of that regulation , it shall submit a report to the council including , where appropriate , the identification of any measures which could be taken to improve the cooperation of that third country as regards readmission , taking into account the union’s overall relations with the third country. ### 1. the commission and the member states shall promote mutually-beneficial partnerships and close cooperation with relevant third countries om border and migration management. the commission and member states shall also promote the integration of border and migration management in all relevant union policies and the assessment of the full application of the visa policy and other measures designed to promote cooperation with third countries to facilitate the return and readmission of illegally staying third-country nationals.


### 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. ### 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 , including respect for the objectives of external policies as elaborated in article 21 teu and assessment of the impact these potential actions may have in the fields of migration , peace and security , development and poverty eradication.


### 4. the commission shall keep the european parliament regularly informed of the implementation of this article. ### 4. the commission shall consult the european parliament during the preparation of the report and keep it informed of the implementation of this article.


### 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. the form of solidarity contributions should be based on the free and voluntary choice of each member state taking into account their national specificities. solidarity contributions for the benefit of a member state may consist of the following types:


### 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. solidarity contributions for the benefit of a member state under migratory pressure or subject to disembarkations following search and rescue operations shall reflect the needs of the benefitting member state and shall consist of the following types:


### 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. solidarity contributions for the benefit of a member state of first entry or subject to disembarkation , including after search and rescue operations and activities shall be established according to the procedure provided in this article.


### 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 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] irrespective of exceptions from the application of the border procedure foreseen in article 41 paragraphs 4 , 5 and 9 of regulation (eu) xxx/xxx [asylum procedure regulation];


### 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]; ### measures taken for the effective protection of the external borders of the european union;


### 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); ### voluntary relocation of beneficiaries of international protection who have been granted international protection less than three years prior to the implementation of the solidarity contribution;


### 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 contributions in the field of asylum , reception and return;


### 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. ### the decision by a member state to examine an application for international protection pursuant to article 25.


### 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 asylum , reception and return and operational support , when this is clearly in the interest of the benefitting member state.


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


### article 46 ### deleted


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


### 47 solidarity for disembarkations following search and rescue operations ### 47 solidarity for disembarkations following search and rescue activities and operations


### 1. this article and articles 48 and 49 shall apply to search and rescue operations that generate recurring arrivals of third-country nationals or stateless persons onto the territory of a member state and to vulnerable persons as set out in article 49(4). ### deleted


### 1. this article and articles 48 and 49 shall apply to search and rescue operations that generate recurring arrivals of third-country nationals or stateless persons onto the territory of a member state and to vulnerable persons as set out in article 49(4). ### 1. articles 14 and 45 shall also apply to arrivals , connected to search and rescue activities as referred to in the 1979 international convention maritime on search and rescue adopted in hamburg , germany , on 27 april 1979 , and operations as referred to in article 10 of regulation (eu) no656/2014 , leading to disembarkation of third-country nationals and stateless persons on to the territory of a member state.


### 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. ### 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. in the context of disembarkations following search and rescue activities and operations , as defined in paragraph 1 , the special needs of children , including unaccompanied minors , victims of trafficking in human beings , persons in need of urgent medical assistance , disabled persons , persons in need of international protection and other persons in a particularly vulnerable situation , shall be addressed as a matter of urgency and in a spirit of solidarity , pursuant to articles 14 and 45.


### 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. ### deleted


### 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: ### deleted


### 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. ### deleted


### 1. within two weeks from the submission of the sar solidarity response plans referred to in article 47(4) or two weeks from the end of the solidarity forum referred to in article 47(5) , and where the total solidarity contributions indicated by all the member states in their plans corresponds to , or is considered by the commission to be sufficiently close to the total solidarity contributions set out in the migration management report , the commission shall adopt an implementing act setting out the solidarity measures indicated by member states pursuant to article 47(4) or article 47(5). such measures shall constitute a solidarity pool for each member state expected to be faced with disembarkations in the short term. ### deleted


### 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; ### deleted


### 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


### 3. the implementing act referred to in paragraphs 1 and 2 shall be adopted in accordance with the examination procedure referred to in article 67(2). ### deleted


### that member state has informed the commission that it considers itself to be under migratory pressure; ### that member state has informed the commission that it considers itself to be under migratory pressure; and


### on the basis of available information , it considers that a member state may be under migratory pressure. ### on the basis of available information , it considers that one or more member states may be under migratory pressure , due to a constant level of arrivals , including after disembarkation , which would undermine the effective functioning of the procedures foreseen in articles 14 and 45 of this regulation.


### 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 shall assist the commission in drawing up the assessment of migratory pressure. the member state concerned should also be involved in and be duly informed of all stages of such assessment. 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 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 shall assist the commission in drawing up the assessment of migratory pressure , in cooperation with the member states in question. the commission shall inform the european parliament , the council and the member states concerned , without delay , that it is undertaking an assessment.


### 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 shall assist the commission in drawing up the assessment of migratory pressure in cooperation with the member state in question. the commission shall inform the european parliament , the council and the member states , without delay , that it is undertaking an assessment.


### 3. the assessment of migratory pressure shall cover the situation in the member state concerned during the preceding six months , compared to the overall situation in the union , and shall be based in particular on the following information: ### 3. the assessment of migratory pressure shall cover the situation in the member state concerned during the preceding five years , compared to the overall situation in the union , and shall be based in particular on the following information:


### the number of applications for international protection by third-country nationals and the nationality of the applicants; ### the total number of applications for international protection by third-country nationals and the nationality of the applicants;


### the number of third-country nationals who have been detected by member state authorities while not fulfilling , or no longer fulfilling , the conditions for entry , stay or residence in the member state including overstayers within the meaning of article 3(1)(19) of regulation (eu) 2017/2226 of the european parliament and of the council58 ; ### deleted


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


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


### 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 identified in connection with an irregular crossing of the external land , sea or air border;


### 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; ### deleted


### 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 and following search and rescue operations and activities , including the number of applications for international protection;


### the number of unaccompanied minors. ### the number of vulnerable applicants , in particular unaccompanied minors.


### the number of unaccompanied minors. ### the number of vulnerable migrants , in particular unaccompanied minors.


### 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]; ### deleted


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


### information from the visa liberalisation reporting process and dialogues with third countries; ### deleted


### 1. the commission shall consult the member state concerned during its assessment undertaken pursuant to article 50(1). ### 1. the commission shall consult the member states concerned during its assessment undertaken pursuant to article 50(1).


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


### 2. in the report , the commission shall state whether the member state concerned is under migratory pressure. ### 2. in the report , the commission shall state whether it considers that the member state concerned is under migratory pressure. the council shall adopt the report on migratory pressure.


### 2. in the report , the commission shall state whether the member state concerned is under migratory pressure. ### 2. in the report , the commission shall state and explain whether the member states concerned are under migratory pressure.


### 3. where the commission concludes that the member state concerned is under migratory pressure , the report shall identify: ### 3. where the council concludes that the member state concerned is under migratory pressure , the report of the council shall identify:


### 3. where the commission concludes that the member state concerned is under migratory pressure , the report shall identify: ### 3. where the commission concludes that the member states concerned are under migratory pressure , the report shall identify:


### the capacity of the member state under migratory pressure in the field of migration management , in particular asylum and return as well as its overall needs in managing its asylum and return caseload; ### the capacity of the member states under migratory pressure , in particular in its overall needs in managing its asylum and reception caseload;


### 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 states under migratory pressure should take in the field of asylum and reception;


### 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 and actions that the member state under migratory pressure should take , in particular in the field of asylum and return;


### (ii) measures referred to in article 45(1) , points (a) , (b) and (c) to be taken by other member states; ### (ii) measures identified by the commission to support the member states concerned , including:


### (ii) measures referred to in article 45(1) , points (a) , (b) and (c) to be taken by other member states; ### (ii) measures referred to in article 45(1) to be taken by other member states;


### (iii) measures referred to in article 45(1) , point (d) to be taken by other member states. ### deleted


### 4. where the commission considers that a rapid response is required due to a developing situation in a member state , it shall submit its report within two weeks at the latest from the date on which it informed the european parliament , the council and the member states pursuant to article 50(2) that it was carrying out an assessment. ### 4. where the commission considers that a rapid response is required due to a developing situation in a member state , it shall submit its proposal for a report to the council within two weeks at the latest from the date on which it informed the european parliament , the council and the member states pursuant to article 50(2) that it was carrying out an assessment.


### 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 member states under pressure , shall contribute by means of the solidarity contributions referred to in article 45(1).


### 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 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 vulnerable applicants , in particular 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 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 shall contribute by means of the solidarity contributions referred to in article 51(3) (b) (ii). member states shall prioritise the relocation of unaccompanied minors.


### 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). ### deleted


### 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 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) . 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 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 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 45(1) that member states propose to take. where member states propose more than one type of contribution set out in article 45(1) they shall 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. ### deleted


### 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. ### deleted


### 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 45(1) in the solidarity response plan they shall also 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 solidarity response plans do not correspond to the needs identified in the report on migratory pressure provided for in article 51. in such cases , the commission shall invite member states to adjust the type of contributions by submitting revised solidarity response plans.


### 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 council 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 a special council meeting. in such cases , the council shall invite member states to adjust their contributions in their solidarity response 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. ### deleted


### 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 solidarity contributions set out in article 51(3)(b)(ii) , shall be given a deduction of 50% 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 first instance recognitions of international protection.


### 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 solidarity contributions set out in article 51(3)(b)(ii) , may request a deduction of 20% 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 10 years it has examined twice the union average per capita of applications for international protection.


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


### 1. within two weeks from the submission of the solidarity response plans referred to in article 52(3) or , where the solidarity forum is convened pursuant to article 52(4) , within two weeks from the end of the solidarity forum , the commission shall adopt an implementing act laying down the solidarity contributions for the benefit of the member state under migratory pressure to be taken by the other member states and the timeframe for their implementation. ### 1. within two weeks from the submission of the solidarity response plans referred to in article 52 , the commission shall adopt an implementing act laying down the solidarity contributions for the benefit of the member states under migratory pressure to be taken by the other member states and the timeframe for their implementation.


### where the type of contribution indicated by member states in their solidarity response plans is that referred to in article 45(1) , point (d) , the commission shall assess whether the measures proposed are in proportion to the contributions that the member states would have made by means of the measures referred to in article 45(1) , points (a) , (b) or (c) as a result of the application of the distribution key set out in article 54. ### deleted


### 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. ### where the commission considers the measures proposed are inadequate , it shall adjust measures referred to in article 51(3)(b)(ii) indicated by those member states accordingly.


### the total number of persons to be relocated from the requesting member state pursuant to article 45(1) , points (a) or (c) , taking into account the capacity and needs of the requesting member states in the area of asylum identified in the report referred to in article 51(3)(b)(ii); ### the set of measures foreseen in article 51 (3) (b) (ii) of this regulation , including the total number of beneficiaries of international protection pursuant to article 51 (3) (b) (ii) (b) , that shall be relocated;


### the total number of persons to be subject to return sponsorship from the requesting member state pursuant to article 45(1) , point (b) , taking into account the capacity and needs of the requesting member states on return identified in the report referred to in article 51(3)(b)(ii); ### deleted


### the distribution of persons to be relocated and/or those to be subject to return sponsorship among the member states including the benefitting member state , on the basis of the distribution key set out in article 54; ### deleted


### the measures indicated by member states pursuant to second , third and fourth subparagraph of paragraph 2. ### deleted


### the measures indicated by member states pursuant to second , third and fourth subparagraph of paragraph 2. ### the number of cases deducted according to art 45 (1) (d).


### 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); ### 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) , (d) and (e) 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 number of first instance asylum decisions. 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) , (c) , (d) , (d a) and (d b);


### 4. where contributions have been made in response to a request by a member state for solidarity support from other member states to assist it in addressing the migratory situation on its territory to prevent migratory pressure pursuant to article 56(1) within the preceding year , and where they correspond to the type of measures set out in the implementing act , the commission shall deduct these contributions from the corresponding contributions set out in the implementing act. ### deleted


### article 54 ### deleted


### 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 articles 45 and 50 to 53 shall be based on the following criteria for each member state , according to the latest available eurostat data:


### the size of the population (50% weighting); ### the size of the population (40% weighting);


### the total gdp (50% weighting). ### the total gdp (40% weighting).


### the total gdp (50% weighting). ### the total gdp (25% weighting);


### [...] ### 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). ### 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. where a member state commits to provide return sponsorship on the territory of the benefitting member state 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).


### 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


### these measures shall not affect the obligations and responsibilities of the benefitting member state laid down in directive 2008/115/ec. ### these measures shall not affect the obligations and responsibilities of the benefitting member state laid down in directive 2008/115/ec , including to avoid the risk of absconding.


### other solidarity contributions ### voluntary relocation of beneficiaries of international protection


### 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. ### deleted


### 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 situations where there is no migratory pressure and where the mechanism established in article 51 -53 is not applicable , decide to relocate beneficiaries of international protection. in this case it shall inform the commission without delay.


### 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 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.


### 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. ### deleted


### 1. the procedure set out in this article shall apply to: ### 1. the procedure set out in this article shall apply to persons referred to in article 45(1) point (c). relocation under this article should always be voluntary by the relocating member state and may only concern persons who were already granted international protection. in the event of a security risk at any stage of the relocation process , the member state of relocation may at any time refuse to relocate of that person.


### persons referred to in article 45(1) , points (a) and (c) and in article 45(2) , point (a); ### deleted


### persons referred to in article 45(1) , point (b) where the period referred to in article 55(2) has expired , and article 45(2) , point (b). ### persons referred to in article 51(3) (b) (ii) (b);


### 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 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.


### 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 and contributing 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 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 an individual and specific danger to national security of that member state , according to the procedure laid down in article 14 (3). if there are reasonable grounds to consider the person a danger to national security , the benefitting member state shall where applicable exclude the person from being relocated.


### 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. ### deleted


### 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. relocation may only apply if the concerned person is already a beneficiary for international protection. where relocation is to be applied , the benefitting member state shall identify the persons who could be relocated. the person concerned shall be relocated only after the contributing member state as well as that person consented to the relocation in writing


### 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). ### deleted


### 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 is to be applied , the eu relocation coordinator should support the relocation activities from the benefitting member state to the contributing member state implementing their obligations referred to in article 13a (d).


### 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 of relocation as quickly as possible the relevant information and documents on the person referred to in paragraphs 2.


### 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. ### deleted


### 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 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 as well as for the whole of the eu. for this , the member state may carry out a personal interview prior to relocation if any security concern occurs regarding 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 of relocation shall confirm within one week that it will relocate the person concerned. ### deleted


### 2. where the member state of relocation has relocated an applicant for whom the member state responsible has not yet been determined , that member state shall apply the procedures set out in part iii , with the exception of article 8(2) , article 9(1) and (2) , article 15(5) , and article 21(1) and (2). ### deleted


### 3. where the member state of relocation has relocated an applicant for whom the benefitting member state had previously been determined as responsible on other grounds than the criteria referred to in article 57(3) third subparagraph , the responsibility for examining the application for international protection shall be transferred to the member state of relocation. ### deleted


### 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. ### 4. the member state of relocation shall automatically grant international protection status respecting the respective status granted by the benefitting member state.


### 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. ### 4. having relocated a beneficiary for international protection voluntarily , the member state of relocation shall grant international protection status respecting the respective status granted by the benefitting member state.


### 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


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


### article 59 ### deleted


### 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 should be made available from the union budget for all forms of solidarity contributions by member states , including the financing of physical barriers at the external borders of the eu.


### 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 , the required period of legal and continuous residence shall be five years.


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


### (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. ### (30) contributions should always be based on the type of contributions indicated by the member state concerned in the solidarity response plan.


### (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. ### (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.


### (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


### (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. ### deleted


### (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 , any other solidarity measures on a voluntary basis to assist that member state in addressing the migratory situation or to prevent migratory pressure.


### (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. ### (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 , as long as they respect human rights and the principle of non-refoulement , are considered as safe countries for third-country nationals.


### (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) 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 , namely meaningful links.


### (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 underlying regulation (eu) no 604/2013 of the european parliament and of the council41 and the principle of solidarity and fair sharing of responsibility as part of the common framework , in line with article 80 of tfeu. to that end , the new solidarity mechanism should enable a strengthened preparedness of member states.


### (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 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 face migration challenges , to address situations where member states are faced with migratory pressure and to facilitate regular solidarity support among member states.


### (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. ### 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. ### 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 bring an end to 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.


### (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


### (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. ### (39) beneficiaries of international protection should be able to obtain long-term resident status in the member state which granted them international protection after five 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.


### (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) 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 , carry out an individual assessment led by the relevant and independent child protection authorities , in particular , taking due account of the minor’s well-being and social development , safety and security considerations in the short , medium and long-term and the views of the minor in accordance with his or her age and maturity , including his or her individual circumstances and background. in addition , specific procedural guarantees for unaccompanied minors should be laid down on account of their particular vulnerability , including the appointment of an independent guardian and access to free legal assistance.


### (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) 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 taken into account by member states when applying this regulation. in addition , specific procedures should be implemented to combat the perversion and abuse of the status of unaccompanied minor , particularly by introducing systematic bone testing , in order to dismiss the most manifestly unfounded applications.


### (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) 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 and should follow an independent evaluation of his or her best interest by the relevant child protection authorities. in addition , specific procedural guarantees for unaccompanied minors should be laid down on account of their particular vulnerability.


### (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) 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. however , special attention should be made to ensure that such special guarantees are not abused.


### (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 , respect for family life should be a primary consideration of member states when applying this regulation. however , special attention should be taken that the provisions ensuring the respect for family life are not abused.


### (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 , respect for family life should be taken into consideration by member states when applying this regulation.


### (45) in order to prevent that persons who represent a security risk are transferred among the member states , it is necessary to ensure that the member state where an application is first registered does not apply the responsibilty criteria or the benefitting member state does not apply the relocation procedure where there are reasonable grounds to consider the person concerned a danger to national security or public order. ### (45) in order to prevent that persons who represent a security risk are transferred among the member states , it is necessary to ensure that the member state where an application is first registered does not apply the responsibilty criteria or the benefitting member state does not apply the relocation procedure where there are reasonable grounds to consider the person concerned a danger to national security.


### (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 only when the applicant is a minor under the age of 14.


### (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 , grandparent or grandparents of the applicant. reuniting family is of particular importance for improving the chances of integration of applicants. 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.


### (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 minor is present unless this is assessed not to be in the best interests of the child. before transferring a 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. for unaccompanied children , this includes in particular the prompt appointment of a representative or representatives tasked with safeguarding respect for all the rights to which they are entitled as well as prompt access to free legal assistance. when considering or implementing the transfer of a child , states should promote and facilitate the continuity and stability of the support and assistance provided to a child. states should promote and facilitate transnational cooperation between these actors , including sharing of information about the child , with the informed consent of the child. any decision to transfer a minor should be preceded by an individual 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 , 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 onwards 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 minor is present , unless it is assessed not to be in the best interest of the child. before transferring a 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. for unaccompanied minors , in particular , the prompt appointment of a guardian tasked with safeguarding respect for all the rights to which they are entitled , as well as prompt access for free legal assistance. when considering or implementing the transfer of a minor , member states should promote and facilitate the continuity and stability of the support and assistance provided to a minor. member states should promote and facilitate transnational cooperation between these actors , including sharing of information about the minor , with the informed consent of the minor. any decision to transfer a minor should be preceded by an individual 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 for proving the existence of a family should be based on the production of original documentary evidence and dna testing.


### (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 , until the responsibility of another member state has been determined , for a person who has irregularly entered its territory by land , air and sea , including after disembarkation and following search and rescue operations and activities.


### (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 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.