### 2. elements and information relevant for determining the member state responsible submitted after expiry of the time limit referred to in article 9(3) shall not be taken into account by the competent authorities. ### 2. elements and information relevant for determining the member state responsible submitted after expiry of the time limit referred to in article 9(3) shall not be taken into account by the competent authorities , except for the application of the criteria on unaccompanied minors and family members or where non-compliance is the consequence of circumstances beyond the applicant’s control or can be objectively justified by the applicant. a member state may decide at any time to take charge of the applicant , in order to bring together any family relations , on humanitarian grounds based in particular on family or cultural considerations as per article 25 of this regulation.


### 1. as soon as possible and at the latest when an application for international protection is registered in a member state , its competent authorities shall inform the applicant of the application of this regulation and of the obligations set out in article 9 as well as the consequences of non-compliance set out in article 10 , and in particular: ### 1. as soon as possible and at the latest when an application for international protection is registered in a member state , its competent authorities shall inform the applicant of the application of this regulation and of the obligations set out in article 9 , and in particular:


### that the right to apply for international protection does not encompass a choice by the applicant in relation to either the member state responsible for examining the application for international protection or the member state of relocation; ### that the right to apply for international protection does not encompass a choice by the applicant in relation to either the member state responsible for examining the application for international protection or the member state of relocation , with the exception of the procedure referred to in article 23b;


### of the objectives of this regulation and the consequences of making another application in a different member state as well as the consequences of leaving the member state where he or she is required to be present pursuant to article 9(4) , in particular that the applicant shall only be entitled to the reception conditions as set out in article 10(1); ### of the objectives of this regulation and the consequences of making another application in a different member state as well as the consequences of leaving the member state where he or she is required to be present pursuant to article 9(4);


### of the criteria and the procedures for determining the member state responsible , the hierarchy of such criteria in the different steps of the procedure and their duration; ### of the criteria and the procedures for determining the member state responsible , the hierarchy of such criteria in the different steps of the procedure and their duration including the specific criteria applied and member states requested to take charge or take back in the individual case;


### of the aim of the personal interview pursuant to article 12 and the obligation to submit and substantiate orally or through the provision of documents information as soon as possible in the procedure any relevant information that could help to establish the presence of family members , relatives or any other family relations in the member states , including the means by which the applicant can submit such information , as well as any assistance that the member state can offer with regard to the tracing of family members or relatives; ### of the right to a personal interview pursuant to article 12 , the procedure and aim of the interview , the consequences of non-attendance and the obligation to submit orally or through the provision of documents information as soon as possible in the procedure any relevant information that could help to establish the presence of family members , relatives or any other family relations in the member states , including the means by which the applicant can submit such information , as well as any assistance that the member state can offer with regard to the tracing of family members or relatives;


### of the possibility to challenge a transfer decision within the time limit set out in article 33(2) and of the fact that the scope of that challenge is limited as laid down in article 33(1); ### of the possibility to challenge the rejection of a take charge request , a transfer decision or the lack of a transfer decision , and of the right to an effective remedy before a court or tribunal in accordance with article 33;


### of the right to be granted , on request , legal assistance free of charge where the person concerned cannot afford the costs involved; ### of the right to be granted , on request , legal assistance free of charge;


### in the case of an unaccompanied minor , of the role and responsibilities of the representative and of the procedure to file complaints against a representative in confidence and safety and in full respect of the child's right to be heard in this respect; ### in the case of an unaccompanied minor , of the role and responsibilities of the guardian and of the procedure to file complaints against a guardian in confidence and safety and in full respect of the child's right to be heard in this respect;


### 2. the information referred to in paragraph 1 shall be provided in writing in a language that the applicant understands or is reasonably supposed to understand. member states shall use the common information material drawn up in clear and plain language pursuant to paragraph 3 for that purpose. ### 2. the information referred to in paragraph 1 shall be provided in writing in a language that the applicant understands. member states shall use the common information material drawn up in clear and plain language pursuant to paragraph 3 for that purpose.


### where necessary for the applicant’s proper understanding , the information shall also be supplied orally , where appropriate in connection with the personal interview as referred to in article 12. ### the information shall also be supplied orally , and in advance of the personal interview as referred to in article 12.


### 1. in order to facilitate the process of determining the member state responsible , the determining member state shall conduct a personal interview with the applicant. the interview shall also allow the proper understanding of the information supplied to the applicant in accordance with article 11. ### 1. in order to facilitate the process of determining the member state responsible , the determining member state shall conduct a personal interview with the applicant before submitting a take charge or take back request. the applicant shall be entitled to request free legal assistance prior to the interview. the interview shall also allow the proper understanding of the information supplied to the applicant in accordance with article 11.the determining member state shall proactively ask questions on all aspects of the claim that would allow for the determination of the member state responsible , as well as aspects that would preclude the transfer of an applicant due to a risk of human rights violations in line with article 8(3).


### the applicant has absconded; ### the applicant has absconded and is not available to the authorities;


### the applicant has not attended the personal interview and has not provided justified reasons for his or her absence; ### the applicant has not attended the personal interview and has not , upon request , provided justified reasons for his or her absence;


### after having received the information referred to in article 11 , the applicant has already provided the information relevant to determine the member state responsible by other means. the member state omitting the interview shall give the applicant the opportunity to present all further information which is relevant to correctly determine the member state responsible within the period referred to in article 29(1). ### after having received the information referred to in article 11 , the applicant has already provided the information relevant to determine the member state responsible by other means and does not request to be heard. the member state omitting the interview shall give the applicant the opportunity to present all further information which is relevant to correctly determine the member state responsible within the period referred to in article 29(1).


### 3. the personal interview shall take place in a timely manner and , in any event , before any take charge request is made pursuant to article 29. ### 3. the personal interview shall take place in a timely manner and , in any event , before any take charge request is made pursuant to article 29 or a take back request is made pursuant to article 31.


### 4. the personal interview shall be conducted in a language that the applicant understands or is reasonably supposed to understand and in which he or she is able to communicate. interviews of unaccompanied minors shall be conducted in a child-friendly manner , by staff who are appropriately trained and qualified under national law , in the presence of the representative and , where applicable , the minor’s legal advisor. where necessary , member states shall have recourse to an interpreter , and where appropriate a cultural mediator , who is able to ensure appropriate communication between the applicant and the person conducting the personal interview. the applicant may request to be interviewed and assisted by staff of the same sex. ### 4. the personal interview shall be conducted in a language that the applicant understands and in which he or she is able to communicate. interviews of unaccompanied minors shall be conducted in a child-friendly manner , by staff who are appropriately trained and qualified under national law , in the presence of the guardian and , where applicable , the minor’s legal advisor. where necessary , member states shall have recourse to an interpreter , and where appropriate a cultural mediator , who is able to ensure appropriate communication between the applicant and the person conducting the personal interview. the applicant may request to be interviewed and assisted by staff of the same sex.


### 6. the member state conducting the personal interview shall make a written summary thereof which shall contain at least the main information supplied by the applicant at the interview. the summary may either take the form of a report or a standard form. the member state shall ensure that the applicant or the legal advisor or other counsellor who is representing the applicant have timely access to the summary. ### 6. the member state conducting the personal interview shall make a written summary thereof which shall contain at least the main information supplied by the applicant at the interview. the main elements to be included in the summary shall , by the end of the interview , be verified by the applicant , and , where relevant , by the guardian and/or legal adviser. this summary shall take the form of a report. the member state shall make an audio recording of the interview. the member state shall ensure that the applicant and/or the guardian , as well as the legal adviser who is representing the applicant have access to the summary as soon as possible after the interview , and in any event before a transfer decision is taken.


### 2. each member state where an unaccompanied minor is present shall ensure that he or she is represented and assisted by a representative with respect to the relevant procedures provided for in this regulation. the representative shall have the qualifications , training and expertise to ensure that the best interests of the minor are taken into consideration during the procedures carried out under this regulation. such representative shall have access to the content of the relevant documents in the applicant’s file including the specific information material for unaccompanied minors. ### 2. member states shall ensure that unaccompanied children are represented and assisted by a guardian and a legal adviser with respect to the relevant procedures provided for in this regulation. these representatives shall have the resources , qualifications , training and expertise to ensure that the best interests of the minor are taken into consideration during the procedures carried out under this regulation. such representative shall have access to the content of the relevant documents in the applicant’s file including the specific information material for unaccompanied minors , and shall inform the child accordingly about the procedure.


### where an organisation is appointed as a representative , it shall designate a person responsible for carrying out its duties in respect of the minor. the first subparagraph shall apply to that person. ### where an organisation is appointed as a guardian , it shall designate a person responsible for carrying out its duties in respect of the minor. the first subparagraph shall apply to that person.


### the representative provided for in the first subparagraph may be the same person or organisation as provided for in article 22 of regulation (eu) xxx/xxx [asylum procedure regulation]. ### the guardian provided for in the first subparagraph may be the same person or organisation as provided for in article 22 of regulation (eu) xxx/xxx [asylum procedure regulation].


### 3. the representative of an unaccompanied minor shall be involved in the process of establishing the member state responsible under this regulation. the representative shall assist the unaccompanied minor to provide information relevant to the assessment of his or her best interests in accordance with paragraph 4 , including the exercise of the right to be heard , and shall support his or her engagement with other actors , such as family tracing organisations , where appropriate for that purpose. ### 3. the guardian of an unaccompanied minor shall be involved in the process of establishing the member state responsible under this regulation. the guardian shall assist the unaccompanied minor to provide information relevant to the assessment of his or her best interests in accordance with paragraph 4 , including the exercise of the right to be heard , and shall support his or her engagement with other actors , such as family tracing organisations , where appropriate for that purpose.


### 4. in assessing the best interests of the child , member states shall closely cooperate with each other and shall , in particular , take due account of the following factors: ### 4. in assessing the best interests of the child , member states shall closely cooperate with each other and shall , in particular , take due account of the following non-exhaustive list of factors and rights of the child:


### family reunification possibilities; ### the preservation of family life , including family reunification possibilities;


### the minor’s well-being and social development , taking into particular consideration the minor’s background; ### the minor’s well-being and social development in the short , medium and long term , taking into particular consideration the minor’s ethnic , religious , cultural and linguistic background and further having regard to the need for stability and continuity in care and custodial arrangements and access to health and education services;


### safety and security considerations , in particular where there is a risk of the minor being a victim of any form of violence and exploitation , including trafficking in human beings; ### safety and security considerations , in particular where there is a risk of the minor being a victim of any form of violence and exploitation , including trafficking in human beings or violence within the family;


### where the applicant is an unaccompanied minor , the information provided by the representative in the member state where the unaccompanied minor is present. ### where the applicant is an unaccompanied minor , the information provided by the guardian in the member state where the unaccompanied minor is present.


### 5. before transferring an unaccompanied minor to the member state responsible or , where applicable , to the member state of relocation , the transferring member state shall make sure that the member state responsible or the member state of relocation takes the measures referred to in articles 14 and 23 of directive xxx/xxx/eu [reception conditions directive] and article 22 of regulation (eu) xxx/xxx [asylum procedure regulation] without delay. any decision to transfer an unaccompanied minor shall be preceded by an assessment of his/her best interests. the assessment shall be based on the factors listed in paragraph 4 and the conclusions of the assessment on these factors shall be clearly stated in the transfer decision. the assessment shall be done swiftly by staff with the qualifications and expertise to ensure that the best interests of the minor are taken into consideration. ### 5. before transferring a minor to the member state responsible or , where applicable , to the member state of relocation , the transferring member state shall obtain individualised guarantees to make sure that the member state responsible or the member state of relocation takes the measures referred to in articles 14 and 23 of directive xxx/xxx/eu [reception conditions directive] and article 22 of regulation (eu) xxx/xxx [asylum procedure regulation] without delay. any decision to transfer a minor shall be preceded by an individual assessment of his/her best interests. the assessment shall be based on the factors listed in paragraph 4 and the conclusions of the assessment on these factors shall be clearly stated in the transfer decision. the assessment shall be done swiftly by staff with the qualifications and expertise to ensure that the best interests of the minor are taken into consideration.


### 6. for the purpose of applying article 15 , the member state where the unaccompanied minor’s application for international protection was registered shall , as soon as possible , take appropriate action to identify the family members or relatives of the unaccompanied minor on the territory of member states , whilst protecting the best interests of the child. ### 6. for the purpose of applying article 15 , the member state where an unaccompanied minor’s application for international protection was registered shall , as soon as possible , take appropriate action to identify the family members or relatives of the unaccompanied minor on the territory of member states , whilst protecting the best interests of the child.


### to that end , that member state may call for the assistance of international or other relevant organisations , and may facilitate the minor’s access to the tracing services of such organisations. ### to that end , that member state may call for the assistance of international or other relevant organisations , and may facilitate the minor’s access to the tracing services of such organisations , as soon as possible after an application for international protection is made , whilst protecting his or her best interests. in cases where there may be a threat to the life or integrity of the minor or his or her close relatives , particularly if they have remained in the country of origin , care must be taken to ensure that the collection , processing and circulation of information concerning those persons is undertaken on a confidential basis , so as to avoid jeopardising their safety.


### the staff of the competent authorities referred to in article 41 who deal with requests concerning unaccompanied minors shall have received , and shall continue to receive , appropriate training concerning the specific needs of minors. ### the staff of the competent authorities referred to in article 41 who deal with requests concerning minors shall have received , and shall continue to receive , appropriate training concerning the specific needs of minors.


### 7. with a view to facilitating the appropriate action to identify the family members or relatives of the unaccompanied minor living in the territory of another member state pursuant to paragraph 6 , the commission shall adopt implementing acts including a standard form for the exchange of relevant information between member states. those implementing acts shall be adopted in accordance with the examination procedure referred to in article 67(2). ### 7. with a view to facilitating the appropriate action to identify the family members or relatives of the unaccompanied minor living in the territory of another member state pursuant to paragraph 6 , the commission is empowered to adopt delegated acts in accordance with article 68 concerning:


### 5. in the absence of a family member or a relative as referred to in paragraphs 2 and 3 , the member state responsible shall be that where the unaccompanied minor’s application for international protection was first registered , unless it is demonstrated that this is not in the best interests of the minor. ### 5. in the absence of a family member or a relative as referred to in paragraphs 2 and 3 , the member state responsible shall be that where the unaccompanied minor is present , unless it is demonstrated that this is not in the best interests of the minor.


### the criteria for assessing the capacity of a relative to take care of an unaccompanied minor , including where family members , siblings or relatives of the unaccompanied minor are staying in more than one member state. ### deleted


### in exercising its powers to adopt delegated acts , the commission shall not exceed the scope of the best interests of the child as provided for under article 13(4). ### in exercising its powers to adopt delegated acts , the commission shall not exceed the scope of the best interests of the child as provided for under article 13(4) and shall consult experts in the field of the rights of the child.


### 7. the commission shall , by means of implementing acts , establish uniform conditions for the consultation and the exchange of information between member states. those implementing acts shall be adopted in accordance with the examination procedure referred to in article 67(2). ### 7. the commission shall , by means of implementing acts , establish uniform conditions for the consultation and the exchange of information between member states. the implementing acts shall promote the ability of the guardian and legal assistance provider to seek assistance in another state so as to gain information about the circumstances of reception and care arrangements in the other country or family reunion possibilities.


### article 21 ### deleted


### if a third-country national or a stateless person enters into the territory of the member states through a member state in which the need for him or her to have a visa is waived , that member state shall be responsible for examining his or her application for international protection. that responsibility shall cease if the application is registered more than three years after the date on which the person entered the territory. ### if a third-country national or a stateless person enters into the territory of the member states through a member state in which the need for him or her to have a visa is waived , that member state shall be responsible for examining his or her application for international protection. that responsibility shall cease if the application is registered more than one year after the date on which the person entered the territory.


### sets out a common framework for the management of asylum and migration in the union; ### sets out a common framework for ensuring access to asylum in the union;


### ‘applicant’ means a third-country national or a stateless person who has made an application for international protection in respect of which a decision has not been taken , or has been taken and is either subject to or can still be subject to a remedy in the member state concerned , irrespective of whether the applicant has a right to remain or is allowed to remain in accordance with regulation (eu) xxx/xxx [asylum procedure regulation] , including a person who has been granted immediate protection pursuant to regulation (eu) xxx/xxx [regulation addressing situations of crisis and force majeure in the field of asylum and migration]; ### ‘applicant’ means a third-country national or a stateless person who has made an application for international protection in respect of which a decision has not been taken , or has been taken and is either subject to or can still be subject to a remedy in the member state concerned;


### ‘family members’ means , insofar as the family already existed before the applicant or the family member arrived on the territory of the member states , the following members of the applicant’s family who are present on the territory of the member states: ### ‘family members’ means the following members of the applicant’s or beneficiary's family who are present on the territory of the member states:


### the spouse of the applicant or his or her unmarried partner in a stable relationship , where the law or practice of the member state concerned treats unmarried couples in a way comparable to married couples under its law relating to third-country nationals , ### the spouse of the applicant or beneficiary of international protection or his or her unmarried partner in a stable relationship , where the law or practice of the country of origin or of the member state concerned treats unmarried couples in a way comparable to married couples under its law relating to third-country nationals ,


### (ii) the minor children of couples referred to in the first indent or of the applicant , on condition that they are unmarried and regardless of whether they were born in or out of wedlock or adopted as defined under national law , ### (ii) the minor children of couples referred to in the first indent or of the applicant and the adult children for whom they have charge , regardless of whether they were born in or out of wedlock or adopted as defined or recognised under national law , as well as the other children for whom they hold responsibility ,


### (iii) where the applicant is a minor and unmarried , the father , mother or another adult responsible for the applicant , whether by law or by the practice of the member state where the adult is present , ### (iii) where the applicant is a minor , the father , mother or another adult responsible for the applicant , whether by law or by the practice of the member state where the adult is present ,


### (iv) where the beneficiary of international protection is a minor and unmarried , the father , mother or another adult responsible for him or her whether by law or by the practice of the member state where the beneficiary is present , ### (iv) where the beneficiary of international protection is a minor , the father , mother or another adult responsible for him or her whether by law or by the practice of the member state where the beneficiary is present ,


### ‘representative’ means a person or an organisation appointed by the competent bodies in order to assist and represent an unaccompanied minor in procedures provided for in this regulation with a view to ensuring the best interests of the child and exercising legal capacity for the minor where necessary; ### ‘guardian’ means a person or an organisation appointed by the competent bodies with the necessary skills and expertise , including regarding the treatment and specific needs of minors , to represent , assist and act on behalf of an unaccompanied minor , as applicable , in order to safeguard his or her best interests and general well-being and so that the unaccompanied minor can benefit from the rights and comply with the obligations under this regulation;


### ‘risk of absconding’ means the existence of specific reasons and circumstances in an individual case , which are based on objective criteria defined by national law to believe that an applicant who is subject to a transfer procedure may abscond; ### ‘risk of absconding’ means the proven existence of specific reasons and circumstances in an individual case , following an individual assessment based on objective and specific criteria in accordance with standards developed by the european union agency for fundamental rights and in line with national law , not including criteria of a general nature such as merely being an applicant within the meaning of regulation (eu).../...[procedures regulation] , or one’s nationality , to believe that an applicant who is subject to a transfer procedure may abscond;


### ‘benefitting member state’ means the member state benefitting from the solidarity measures in situations of migratory pressure or for disembarkations following search and rescue operations as set out in chapters i-iii of part iv of this regulation; ### ‘benefitting member state’ means the member state benefitting from relocation including after the disembarkations following search and rescue operations as set out in chapters i-iii of part iv of this regulation;


### ‘contributing member state’ means a member state that contributes or is obliged to contribute to the solidarity measures to a benefitting member state set out in chapters i-iii of part iv of this regulation; ### ‘contributing member state’ means a member state that contributes or is obliged to contribute to relocation from a benefitting member state set out in chapters i-iii of part iv of this regulation;


### ‘sponsoring member state’ means a member state that commits to return illegally staying third-country nationals to the benefit of another member state , providing the return sponsorship referred to in article 55 of this regulation; ### deleted


### ‘migratory pressure’ means a situation where there is a large number of arrivals of third-country nationals or stateless persons , or a risk of such arrivals , including where this stems from arrivals following search and rescue operations , as a result of the geographical location of a member state and the specific developments in third countries which generate migratory movements that place a burden even on well-prepared asylum and reception systems and requires immediate action; ### ‘risk of pressure on the asylum or reception system’ means a situation where the capacity of a member state’s asylum or reception system is nearing its limits , including where there is a likelihood of large number of arrivals of third-country nationals or stateless persons , as a result of the geographical location of a member state and the specific developments in third countries which generate migratory movements that place a disproportionate responsibility even on well-prepared asylum and reception systems and requires swift action;


### ii common framework for asylum and migration management ### ii common framework for asylum


### comprehensive approach to asylum and migration management ### comprehensive approach to asylum


### the union and the member states shall take actions in the field of asylum and migration management on the basis of a comprehensive approach. that comprehensive approach shall address the entirety of the migratory routes that affect asylum and migration management and shall consist of the following components: ### the union and the member states shall take actions in the field of asylum on the basis of compliance with existing commitments under international and eu law and a comprehensive approach. that comprehensive approach shall address the entirety of the migratory routes that affect asylum and shall consist of the following components:


### mutually-beneficial partnerships and close cooperation with relevant third countries , including on legal pathways for third-country nationals in need of international protection and for those otherwise admitted to reside legally in the member states addressing the root causes of irregular migration , supporting partners hosting large numbers of migrants and refugees in need of protection and building their capacities in border , asylum and migration management , preventing and combatting irregular migration and migrant smuggling , and enhancing cooperation on readmission; ### cooperation with relevant third countries , in particular on resettlement and other legal pathways for third-country nationals in need of international protection and for those otherwise admitted to reside legally in the member states addressing the drivers of irregular migration and forced displacement , supporting partners hosting large numbers of migrants and refugees in need of protection and building their reception capacity , and preventing and combatting smuggling , and human trafficking , in full respect of international law and the objectives set out in article 21 teu , as well as the global compact on refugees and the global compact for safe , orderly and regular migration;


### full implementation of the common visa policy; ### deleted


### effective management and prevention of irregular migration; ### creation and expansion of safe routes to seek protection and the reduction of irregular and unsafe migration;


### effective management of the union’s external borders , based on the european integrated border management; ### effective management of the union’s external borders which upholds fundamental rights including the right to seek asylum;


### access to procedures for granting and withdrawing international protection on union territory and recognition of third-country nationals or stateless persons as refugees or beneficiaries of subsidiary protection; ### access to procedures for granting and withdrawing international protection on union territory and at union borders , and recognition of third-country nationals or stateless persons as refugees or beneficiaries of subsidiary protection;


### access for applicants to adequate reception conditions; ### access for applicants to adequate reception conditions in accordance with [reception conditions directive];


### effective management of the return of illegally staying third-country nationals; ### deleted


### measures aimed at reducing and tackling the enabling factors of irregular migration to and illegal stay in the union , including illegal employment; ### deleted


### full deployment and use of the operational tools set up at union level , notably the european border and coast guard agency , the asylum agency , eu-lisa and europol , as well as large-scale union information technology systems; ### full deployment and use of the operational tools of the asylum agency;


### 1. the union and member states shall ensure coherence of asylum and migration management policies , including both the internal and external components of those policies. ### 1. the union and member states shall ensure the coherence of asylum policies.


### 2. the union and member states acting within their respective competencies shall be responsible for the implementation of the asylum and migration management policies. ### 2. the union and member states acting within their respective competencies shall be responsible for the implementation of asylum policies.


### 3. member states , with the support of union agencies , shall ensure that they have the capacity to effectively implement asylum and migration management policies , taking into account the comprehensive approach referred to in article 3 , including the necessary human and financial resources and infrastructure. ### 3. member states , with the support of union agencies , shall ensure that they have the capacity to effectively implement asylum policies , in full compliance with their obligations under eu and international law , including with regard to fundamental rights , including the necessary human and financial resources and infrastructure.


### 1. in implementing their obligations , the member states shall observe the principle of solidarity and fair sharing of responsibility and shall take into account the shared interest in the effective functioning of the union’s asylum and migration management policies. member states shall: ### 1. in implementing their obligations , the member states shall observe the principle of solidarity and fair sharing of responsibility and shall take into account the shared interest in the effective functioning of the union’s asylum policies. member states shall:


### establish and maintain national asylum and migration management systems that provide access to international protection procedures , grant such protection to those who are in need and ensure the return of those who are illegally staying; ### establish and maintain national asylum systems that provide access to international protection procedures , grant such protection to those who are in need and provide and invest in adequate reception , including measures to protect those with special reception needs;


### take all measures necessary and proportionate to reduce and prevent irregular migration to the territories of the member states , in close cooperation and partnership with relevant third countries , including as regards the prevention and fight against migrant smuggling; ### deleted


### provide support to other member states in the form of solidarity contributions on the basis of needs set out in chapters i-iii of part iv; ### provide support to other member states through solidarity contributions in the form of relocation;


### take all reasonable and proportionate measures to prevent and correct unauthorised movements between member states. ### take all reasonable and proportionate measures to improve and invest in adequate integration of beneficiaries of international protection.


### 2. financial and operational support by the union for the implementation of the obligations shall be provided in accordance with the regulation (eu) xxx/xxx [asylum and migration fund] and regulation (eu) xxx/xxx [integrated border management fund]. ### 2. financial and operational support by the union for the implementation of the obligations shall be provided in accordance with the regulation (eu) xxx/xxx [asylum and migration fund].


### governance and monitoring of the migratory situation ### governance and monitoring of the asylum situation


### 1. the commission shall adopt a european asylum and migration management strategy setting out the strategic approach to managing asylum and migration at union level and on the implementation of asylum and migration management policies in accordance with the principles set out in this part. the commission shall transmit the strategy to the european parliament and the council. ### 1. the commission shall adopt a 5-year european asylum strategy setting out the strategic approach to ensure access to asylum at union level and on the implementation of asylum policies in accordance with the principles set out in this part and in eu primary legislation and applicable international law. the commission shall transmit the strategy to the european parliament and the council.


### 2. the european asylum and migration management strategy shall take into account the following: ### 2. the european asylum strategy shall take into account the following:


### the national strategies of the member states referred to paragraph 3 of this article; ### the national strategies of the member states referred to paragraph 3 of this article , and their compliance with eu and international law;


### information gathered by the commission under the commission recommendation no xxx on an eu migration preparedness and crisis management mechanism hereinafter referred to as migration preparedness and crisis blueprint; the reports issued under that framework as well as the activities of the migration preparedness and crisis management network; ### information gathered by the commission under the commission recommendation no xxx on an eu migration preparedness and crisis management mechanism hereinafter referred to as migration preparedness and crisis blueprint; the reports issued under that framework as well as the activities of the migration preparedness and crisis management network; information gathered by the commission and the eu asylum agency on the implementation of the asylum acquis;


### 3. member states shall have national strategies in place to ensure sufficient capacity for the implementation of an effective asylum and migration management system in accordance with the principles set out in this part. those strategies shall include contingency planning at national level , taking into account the contingency planning pursuant to regulation (eu) xxx/xxx [european union asylum agency] , regulation (eu) 2019/189656 (european border and coast guard agency) and directive xxx/xxx/eu [reception conditions directive] and the reports of the commission issued within the framework of the migration preparedness and crisis blueprint. such national strategies shall include information on how the member state is implementing the principles set out in this part and legal obligations stemming therefrom at national level. they shall take into account other relevant strategies and existing support measures notably under regulation (eu) xxx/xxx [asylum and migration fund] and regulation (eu) xxx/xxx [european union asylum agency] and be coherent with and complementary to the national strategies for integrated border management established in accordance with article 8(6) of regulation (eu) 2019/1896. the results of the monitoring undertaken by the asylum agency and the european border and coast guard agency , of the evaluation carried out in accordance with council regulation no 1053/2013 as well as those carried out in line with article 7 of regulation (eu) xxx/xxx [screening regulation] , should also be taken into account in these strategies. ### 3. member states shall have national strategies in place to ensure sufficient capacity for the implementation of an effective asylum system in accordance with the principles set out in this part. those strategies shall include contingency planning at national level , taking into account the contingency planning pursuant to regulation (eu) xxx/xxx [european union asylum agency] , regulation (eu) 2019/189656 (european border and coast guard agency) and directive xxx/xxx/eu [reception conditions directive] and the reports of the commission issued within the framework of the migration preparedness and crisis blueprint. such national strategies shall include information on how the member state is implementing the principles set out in this part and legal obligations stemming therefrom at national level. they shall take into account other relevant strategies and existing support measures notably under regulation (eu) xxx/xxx [asylum and migration fund] and regulation (eu) xxx/xxx [european union asylum agency]. member states shall consult local and regional authorities when establishing their national strategies. the results of the monitoring undertaken by the asylum agency and the european border and coast guard agency , of the evaluation carried out in accordance with council regulation no 1053/2013 as well as those carried out in line with article 7 of regulation (eu) xxx/xxx [screening regulation] , should also be taken into account in these strategies.


### 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 an asylum situation report each year setting out the anticipated evolution of the asylum situation and the preparedness of the union and the member states , including any indications that the asylum or reception system of one or more member states may be at risk of pressure or may become at risk of such pressure in the following 12 months. in the case of migratory flows generated by search and rescue operations , the commission shall consult the concerned member states and any organisations involved in such operations , 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. the report shall also indicate whether particular member states are faced with capacity challenges due to the presence of unaccompanied minors and other third-country nationals who are in a vulnerable situation 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. in case an assessment of pressure is subsequently carried out in one or more member states in line with article 50 , the asylum situation report shall be updated accordingly.


### 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 european asylum strategy shall be adopted by [18 months after the entry into force of this regulation] at the latest and the first asylum situation 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 asylum 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 , international organisations , ngos , and independent bodies and notably the information gathered within the framework of the migration preparedness and crisis blueprint and its network.


### article 7 ### deleted


### i solidarity mechanisms ### i solidarity mechanism


### 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 subject to disembarkations following search and rescue operations or the arrival of persons in a vulnerable situation shall consist of:


### 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 for international protection;


### 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); ### 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) and who have requested such relocation in writing.


### 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


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


### a solidarity forum shall comprise all member states. the commission shall convene and preside the solidarity forum in order to ensure the smooth functioning of this part. ### a solidarity forum shall comprise all member states , who shall be represented by officials with the power to take decisions on their behalf. the eu relocation coordinator shall convene and preside over the solidarity forum in order to ensure the smooth functioning of this part. the forum shall meet annually following the adoption of the asylum situation report as well as according to need as identified in part iv of this regulation.


### 47 solidarity for disembarkations following search and rescue operations ### 47 solidarity for arrivals of persons in a vulnerable situation and disembarkations following search and rescue 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). ### 1. this article and articles 48 and 49 shall apply to search and rescue operations and to persons in a vulnerable situation as set out in article 49(4).


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


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


### 4. within one month of the adoption of the migration management report , member states shall notify the commission of the contributions they intend to make , by completing the sar solidarity response plan set out in annex i. member states shall indicate whether they intend to provide contributions in the form of: ### 4. within one month of the adoption of the asylum situation report , member states shall notify the commission of the total number of persons to be relocated , by completing the solidarity response plan set out in annex i.


### relocation in accordance with article 45(1) , point (a); or ### deleted


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


### relocation in accordance with article 45(1) , point (a) of vulnerable persons pursuant to article 49(4). ### 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. ### 5. where the eu relocation coordinator identifies 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 asylum situation report , the eu relocation coordinator shall convene the solidarity forum. the commission shall invite member states to adjust the number of contributions. member states that adjust their contributions shall submit revised solidarity response plans in the course of the solidarity forum.


### commission implementing acts for search and rescue operations ### commission implementing acts for solidarity contributions


### 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. ### 1. within two weeks from the submission of the 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 asylum situation 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 or the arrival of persons in a vulnerable situation in the short term.


### 2. where the total number or type of solidarity contributions indicated by member states pursuant to article 47(5) still falls significantly short of the total solidarity contributions set out in the migration management report leading to a situation where the solidarity pool is not able to provide a foreseeable basis of ongoing support to the member states referred to in article 47(2) , the commission shall , within two weeks after the end of the solidarity forum , adopt an implementing act establishing a solidarity pool for each member state expected to be faced with disembarkations in the short term. that implementing act shall set out: ### 2. where the total number of solidarity contributions indicated by member states pursuant to article 47(5) still falls more than 20% short of the total solidarity contributions set out in the asylum situation report leading to a situation where the solidarity pool is not able to provide a foreseeable basis of ongoing support to the member states referred to in article 47(2) , the commission shall , within two weeks after the end of the solidarity forum , adopt an implementing act establishing a solidarity pool for each member state expected to be faced with disembarkations or the arrival of persons in a vulnerable situation in the short term. that implementing act shall set out:


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


### the measures indicated by member states as set out in article 45(1) , point (d). ### 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. ### where one or more member states have not submitted a solidarity response plan within the time limits set out in article 47(4) and article 47(5) , the commission shall determine the amount of contributions to be made by those member states.


### 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. ### 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.


### solidarity pool for search and rescue operations ### solidarity pool for persons in a vulnerable situation and search and rescue operations


### 1. within two weeks of the adoption of the implementing act referred to in article 48(1) or article 48(2) , the member state referred to in article 47(2) shall notify the commission of its request for solidarity support. following that request , the commission shall draw on the solidarity pool and coordinate the implementation of the solidarity measures for each disembarkation or group of disembarkations taking place in a period of two weeks. ### 1. within two weeks of the adoption of the implementing act referred to in article 48(1) or article 48(2) , the member state referred to in article 47(2) shall notify the eu relocation coordinator of its request for solidarity support. following that request , the eu relocation coordinator shall draw on the solidarity pool and coordinate the implementation of the solidarity measures for each arrival , disembarkation or group of disembarkations taking place in a period of two weeks.


### 2. under the coordination of the commission , the asylum agency and the european border and coast guard agency shall draw up the list of eligible persons to be relocated and to be subject to return sponsorship. the list shall indicate the distribution of those persons among the contributing member states taking into account the total number of persons to be relocated or to be subject to return sponsorship by each contributing member state , the nationality of those persons and the existence of meaningful links between them and the member state of relocation or of return sponsorship. priority shall be given to the relocation of vulnerable persons. the asylum agency and the european border and coast guard agency shall assist the commission in monitoring the use of the solidarity pool. ### 2. under the coordination of the eu relocation coordinator , the asylum agency shall draw up the list of eligible persons to be relocated. the list shall indicate the distribution of those persons among the contributing member states taking into account the total number of persons to be relocated by each contributing member state , the nationality of those persons and the existence of meaningful links between them and the member state of relocation. eligible persons shall be consulted in the course of determining meaningful links and shall have the right to object to such categorisation. priority shall be given to the relocation of unaccompanied minors and other persons in a vulnerable situation. where a person has meaningful links to more than one member state , the person’s preference shall prevail. where no meaningful links can be determined , the procedure in article 23b(b) and (c) shall apply. the asylum agency shall assist the commission in monitoring the use of the solidarity pool.


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


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


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


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


### 5. the commission shall support and facilitate the procedures leading to the relocation of applicants and the implementation of return sponsorship , paying particular attention to unaccompanied minors. it shall coordinate the operational aspects of relocation and return sponsorship , including with the assistance of experts or teams of experts to be deployed by the asylum agency or the european border and coast guard agency. ### 5. the eu relocation coordinator shall support and facilitate the procedures leading to the relocation of applicants , paying particular attention to unaccompanied minors and other persons in a vulnerable situation. they shall coordinate the operational aspects of relocation , including with the assistance of experts or teams of experts to be deployed by the asylum agency or the european border and coast guard agency.


### 50 assessment of migratory pressure ### 50 assessment of pressure on the asylum or reception system


### 1. the commission shall assess the migratory situation in a member state where: ### 1. the commission shall assess the asylum situation in a member state where:


### 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 its asylum or reception system to be at risk of pressure; or


### 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 the asylum or reception system of a member state may be at risk of pressure.


### 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 pressure. 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 pressure shall cover the situation in the member state concerned during the preceding twelve months , compared to the overall situation in the union , and shall be based in particular on the following information:


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


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


### 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 irregular crossing of the external land , sea or air border who subsequently lodge an asylum claim;


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


### 4. the assessment of migratory pressure shall also take into account the following: ### 4. the assessment of risk of pressure shall also take into account the following:


### 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); ### the asylum situation report referred to in article 6(4);


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


### the support provided by union agencies to the benefitting member state. ### the support provided by union agencies and through the union budget to the benefitting member state.


### report on migratory pressure ### report on pressure on the asylum or reception system


### 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 report on 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).


### 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 the member state concerned is at risk of pressure.


### 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 state concerned is at risk of 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 asylum and reception capacity of the member state at risk of pressure as well as its overall needs in managing its asylum 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 state at risk of pressure should take to enhance its reception capacity or address shortcomings in its ability to fulfil its obligations in compliance with eu and international law;


### (ii) measures referred to in article 45(1) , points (a) , (b) and (c) to be taken by other member states; ### (ii) the number of relocation places needed to reduce the risk of pressure


### (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 concludes that the member state concerned is no longer merely at risk but actively under pressure and a rapid response is required , 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.


### solidarity response plans in situations of migratory pressure ### response in situations of pressure


### 1. where the report referred to in article 51 indicates that a member state is under migratory pressure , the other member states which are not themselves benefitting member states shall contribute by means of the solidarity contributions referred to in article 45(1) , points (a) , (b) and (c). member states shall prioritise the relocation of unaccompanied minors. ### 1. where the report referred to in article 51 indicates that the asylum or reception system of a member state is at risk of pressure , article 25(b) and 49(3) shall apply. member states shall prioritise the relocation of unaccompanied minors and other persons in a vulnerable situation.


### 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. ### deleted


### 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. ### 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 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


### distribution key ### reference key


### the share of solidarity contributions referred to in article 45(1) , points (a) , (b) and (c) to be provided by each member state in accordance with articles 48 and 53 shall be calculated in accordance with the formula set out in annex iii and shall be based on the following criteria for each member state , according to the latest available eurostat data: ### the share of solidarity contributions referred to in article 45(1) , points (a) , (aa) and (c) to be provided by each member state in accordance with article 48 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 size of the population (50% weighting); ### the size of the population (35% weighting);


### the total gdp (50% weighting). ### the total gdp (35% weighting).


### article 56 ### deleted


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


### 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). ### deleted


### 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). ### 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. where relocation is to be applied , the benefitting member state shall identify the persons who could be relocated. that member state shall take into account , where applicable , the existence of meaningful links between the person concerned and the member state of relocation. the applicant shall be informed and consulted in the process of determining meaningful links , shall have the opportunity to present relevant information and documentation and shall have the right to object to such categorisation. where meaningful links exist in more than one member state , the choice of the applicant shall prevail. where no meaningful links can be determined , the procedure in article 23b shall apply. the person concerned shall be relocated only after having consented to relocation in writing.


### 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


### 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


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


### where the checks confirm that there are reasonable grounds to consider the person concerned a danger to its national security or public order , the member state of relocation shall inform within one week the benefitting member state of the nature of and underlying elements for an alert from any relevant database. in such cases , relocation of the person concerned shall not take place. ### deleted


### 11. the commission shall , by means of implementing acts , adopt uniform conditions for the preparation and submission of information and documents for the purpose of relocation. those implementing acts shall be adopted in accordance with the examination procedure referred to in article 67(2). ### 11. the commission is empowered to adopt delegated acts in accordance with article 68 concerning conditions for the preparation of information and documents for the purpose of relocation. in exercising its powers , the commission shall consult the asylum agency and the eu relocation coordinator.


### 1. the member state of relocation shall inform the benefitting member state of the safe arrival of the person concerned or of the fact that he or she did not appear within the set time limit. ### 1. the member state of relocation shall inform the benefitting member state and the eu relocation coordinator of the safe arrival of the person concerned or of the fact that he or she did not appear within the set time limit.


### 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). ### 2. the member state of relocation shall be responsible for examining the application for international protection. the member state of relocation shall indicate its responsibility in eurodac pursuant to article 11(1) of regulation (eu) xxx/xxx [eurodacregulation].


### where no member state responsible can be designated under the first subparagraph , the member state of relocation shall be responsible for examining the application for international protection. ### deleted


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


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


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


### 1. member states shall implement appropriate technical and organisational measures to ensure the security of personal data processed under this regulation and in particular to prevent unlawful or unauthorised access or disclosure , alteration or loss of personal data processed. ### 1. without prejudice to section 2 of chapter iv of regulation (eu) 2016/679 , member states shall implement appropriate technical and organisational measures to ensure the security of personal data processed under this regulation and in particular to prevent unlawful or unauthorised access or disclosure , alteration or loss of personal data processed.


### 2. the competent supervisory authority or authorities of each member state shall monitor the lawfulness of the processing of personal data by the authorities referred to in article 41 of the member state in question. ### 2. without prejudice to chapter vi of regulation(eu) 2016/679 the competent supervisory authority or authorities of each member state shall monitor and enforce the lawfulness of the processing of personal data by the authorities referred to in article 41 of the member state in question.


### member states shall ensure that the authorities referred to in article 41 are bound by the confidentiality rules provided for in national law , in relation to any information they obtain in the course of their work. ### without prejudice to section 2 of chapter iv of regulation (eu) 2016/679 , member states shall ensure that the authorities referred to in article 41 are bound by the confidentiality rules provided for in national law , in relation to any information they obtain in the course of their work.


### 2. the power to adopt delegated acts referred to in articles 15(6) and 24(3) shall be conferred on the commission for a period of 5 years from the date of entry into force of this regulation. the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the 5-year period. the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period. ### 2. the power to adopt delegated acts referred to in articles 13(7) , 15(6) , 24(3) , 29(3) , 30(4) , 37(4) ,57(11) and 23c shall be conferred on the commission for a period of 3 years from the date of entry into force of this regulation. the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the 3-year period. the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period.


### 3. the delegation of power referred to in articles 15(6) and 24(3) may be revoked at any time by the european parliament or by the council. a decision to revoke shall put an end to the delegation of the power specified in that decision. it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein. it shall not affect the validity of any delegated acts already in force. ### 3. the delegation of power referred to in articles 13(7) , 15(6) , 24(3) , 29(3) , 30(4) , 37(4) , 57(11) and 23c may be revoked at any time by the european parliament or by the council. a decision to revoke shall put an end to the delegation of the power specified in that decision. it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein. it shall not affect the validity of any delegated acts already in force.


### 6. a delegated act adopted pursuant to articles 15(6) and 24(3) shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of two months of notification of that act to the european parliament and to the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object. that period shall be extended by two months at the initiative of the european parliament or of the council. ### 6. a delegated act adopted pursuant to articles 13(7) , 15(6) , 24(3) , 29(3) , 30(4) , 37(4) , 57(11) and 23c shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of two months of notification of that act to the european parliament and to the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object. that period shall be extended by two months at the initiative of the european parliament or of the council.


### eur [10 000] per beneficiary of international protection relocated in accordance with articles 53 and 56 of regulation (eu) xxx/xxx [asylum and migration management regulation]; ### eur [10 000] per beneficiary of international protection relocated , including beneficiaries of prima facie refugee status , in accordance with articles 53 and 56 of regulation (eu) xxx/xxx [asylum and migration management regulation];


### eur [10 000] per illegally staying third-country national relocated in accordance with article 53 , when the period referred to in article 55(2) has expired , and article 56 of regulation (eu) xxx/xxx [asylum and migration management regulation]. ### deleted


### the contribution in points (a) , (b) and (c) is increased to eur [12 000] for each unaccompanied minor relocated in accordance with article 48 , article 53 and article 56 of regulation (eu) xxx/xxx [asylum and migration management regulation]. ### the contribution in points (a) and (b) is increased to eur [12 000] for each unaccompanied minor or other person in a vulnerable situation relocated in accordance with article 48 , article 53 and article 56 of regulation (eu) xxx/xxx [asylum and migration management regulation].


### (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 number of contributions to be made by each member state. such contributions should always be based on the number 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.


### (31) a distribution key based on the size of the population and of the economy of the member states should be applied as a point of reference for the operation of the solidarity mechanism enabling the determination of the overall contribution of each member state. ### (31) a reference key based on the size of the population and of the economy of the member states as well as the number of asylum applications processed and refugees resettled or admitted per capita 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. in order to improve integration prospects , the mechanism should also take into account the preferences of applicants and any meaningful links to a given member state. this reference key shall also be applied where no member state can be identified as responsible for an asylum claim on the basis of the criteria set out in this regulation. the commission shall consult the asylum agency and , where appropriate , the eu relocation coordinator when setting up this mechanism.


### (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 also be able to relocate applicants , at its own initiative or at the request of another member state , on a voluntary basis to assist that member state in order to prevent pressure on its asylum system. in order to incentivise voluntary solidarity , where member states make voluntary contributions in the form of relocation , those contributions should be taken into account in the implementing act provided for in respect of the solidarity pool.


### (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 respecting the principle of non-refoulement , may be 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. 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 and fair processing of applications for international protection.


### (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.