### 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 minors are represented and assisted by a guardian with respect to the relevant procedures provided for in this regulation. the guardian shall have the resources , qualifications , training , expertise and independence 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 minors , and shall inform the child accordingly about the procedure. the guardian shall be appointed as soon as possible but , at the latest , within two days after the arrival , and in any event prior to the collection of biometric data pursuant to articles 10 , 13 and 14a of regulation (eu) xxx/xxx (eurodac regulation)


### 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 shall represent the minor in the process of establishing the member state responsible under this regulation and any other right recognized to the minor. the guardian shall assist the 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 , and with due regard to confidentiality obligations to the minor.


### 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 , 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 the child is an asylum seeker or refugee or 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;


### 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 a minor , the information provided by the guardian in the member state where the 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 guarantees assessed on the individual case 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 or not transfer a minor shall be preceded by an individual and multidisciplinary 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 multidisciplinary staff with the qualifications and expertise to ensure that the best interests of the minor are taken into consideration. the multidisciplinary assessment shall involve competent staff with expertise in child protection and child psychology and development and shall also include , as a minimum , the minor’s guardian and legal advisor.


### 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 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.


### 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 interest.


### 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 other 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 , including training on rights of the child and child psychology and development. such training shall also include modules on risk assessment to target care and protection depending on the individual needs of the minor , with a specific focus on early identification of victims of trafficking in human beings and of abuse , as well as training on good practices to prevent disappearance.


### 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 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).


### hierarchy of criteria ### hierarchy of criteria upon arrival and disembarkation , including following search and rescue operations


### unaccompanied minors ### minors


### 2. the member state responsible shall be that where a family member of the unaccompanied minor is legally present , unless it is demonstrated that it is not in the best interests of the minor. where the applicant is a married minor whose spouse is not legally present on the territory of the member states , the member state responsible shall be the member state where the father , mother or other adult responsible for the minor , whether by law or by the practice of that member state , or sibling is legally present. ### 2. the member state responsible shall be that where a family member of the unaccompanied minor is present , if this is in the minor’s best interests.


### 2. the member state responsible shall be that where a family member of the unaccompanied minor is legally present , unless it is demonstrated that it is not in the best interests of the minor. where the applicant is a married minor whose spouse is not legally present on the territory of the member states , the member state responsible shall be the member state where the father , mother or other adult responsible for the minor , whether by law or by the practice of that member state , or sibling is legally present. ### 2. the member state responsible shall be that where a family member of the unaccompanied minor is legally present , if it is in the best minor's best interest. where the applicant is a minor , the member state responsible shall be the member state where the father , mother , grandparents or other adult responsible for the minor , whether by law or by the practice of that member state , or sibling is legally present.


### 3. where the applicant has a relative who is legally present in another member state and where it is established , based on an individual examination , that the relative can take care of him or her , that member state shall unite the minor with his or her relative and shall be the member state responsible , unless it is demonstrated that it is not in the best interests of the minor. ### 3. where the applicant has a relative who is present in another member state and where it is established , based on an individual examination , that the relative can take care of him or her , that member state shall unite the minor with his or her relative and shall be the member state responsible , unless it is demonstrated that it 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’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.


### 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. this may involve contact with guardianship authority , information on access to legal assistance in the event of need to appeal. the implementing acts shall also promote and facilitate cooperation between guardians and legal assistance providers between states in the event a transfer of an unaccompanied child is being contemplated or implemented , including providing for sharing of information about the child , with the informed consent of the child 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. 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. this may involve contact with guardianship authority , information on access to legal assistance in the event of need to appeal. the implementing acts shall also promote and facilitate cooperation between guardians and legal assistance providers between states in the event a transfer of a minor is being contemplated or implemented , including providing for sharing of information about the minor , with the informed consent of the minor. those implementing acts shall be adopted in accordance with the examination procedure referred to in article 67(2).


### family members who are beneficiaries of international protection ### family members who legally reside in a member state


### where the applicant has a family member who has been allowed to reside as a beneficiary of international protection in a member state , that member state shall be responsible for examining the application for international protection , provided that the persons concerned expressed their desire in writing. ### where the applicant has a family member , regardless of whether the family was previously formed in the country of origin , who is legally residing in a member state , that member state shall be responsible for examining the application for international protection , provided that the persons concerned expressed their desire in writing.


### where the applicant has a family member in a member state whose application for international protection in that member state has not yet been the subject of a first decision regarding the substance , that member state shall be responsible for examining the application for international protection , provided that the persons concerned expressed their desire in writing. ### where the applicant has a family member in a member state whose application for international protection in that member state has not yet been the subject of a decision regarding the substance , that member state shall be responsible for examining the application for international protection , provided that the persons concerned expressed their desire in writing.


### 4. where the applicant is in possession of one or more residence documents or one or more visas which expired less than three years before the application was registered , paragraphs 1 , 2 and 3 shall apply. ### 4. where the applicant is in possession of one or more residence documents or one or more visas which expired before the application was registered , paragraphs 1 , 2 and 3 shall apply.


### article 21 ### deleted


### article 22 ### deleted


### article 23 ### deleted


### establishes a mechanism for solidarity; ### establishes a sustainable mechanism for solidarity as enshrined in article 80 of the tfeu;


### ‘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 , 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] , and individuals awaiting an appeal decision;


### ‘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 beneficiaries' 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 partner of the applicant or beneficiary;


### (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 children of partners referred to in the first indent or of the applicant or beneficiary , and regardless of whether they were born in or out of wedlock or adopted as defined under national law ,


### (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 adult or beneficiary of international protection is present ,


### the sibling or siblings of the applicant; ### the sibling or siblings , and the grandparent or grandparents of the applicant or beneficiary;


### ‘relative’ means the applicant’s adult aunt or uncle or grandparent who is present in the territory of a member state , regardless of whether the applicant was born in or out of wedlock or adopted as defined under national law; ### ‘relative’ means the applicant’s adult aunt or uncle , or cousin who is present in the territory of a member state , regardless of whether the applicant was born in or out of wedlock or adopted as defined under national law;


### ‘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 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;


### ‘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 existence of specific reasons and circumstances in an individual case , which are based on objective criteria clearly defined by law in the light of specific circumstances of the persons involved;


### ‘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 the solidarity measures in situations of migratory pressure , including following disembarkation and search and rescue activities and operations as 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


### ‘relocation’ means the transfer of a third-country national or a stateless person from the territory of a benefitting member state to the territory of a contributing member state; ### ‘relocation’ means the transfer of a third-country national or a stateless person , or a beneficiary of international protection from the territory of a benefitting member state to the territory of a contributing member state;


### ‘search and rescue operations’ means operations of search and rescue as referred to in the 1979 international convention on maritime search and rescue adopted in hamburg , germany on 27 april 1979; ### ‘search and rescue operations’ means operations of search and rescue activities as referred to in the 1979 international convention on maritime search and rescue adopted in hamburg , germany on 27 april 1979 , and operations as referred to in article 10 of regulation (eu) 656/20141a;


### ‘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; ### ‘migratory pressure’ means a situation where one or more member states face a constant level of arrival of third country nationals , including due to disembarkation in the context of search and rescue operations , which would undermine the efficient functioning of the procedures foreseen in article 14 and 45 of this regulation;


### ‘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; ### ‘migratory pressure’ means a situation where one or more member states face a constant , individual , level of arrivals of third country nationals , including due to disembarkation in the context of search and rescue operations , which would undermine the efficient functioning of procedures foreseen in article 14 and 45 of this regulation for an individual member state;


### ‘return decision’ means an administrative or judicial decision or act stating or declaring the stay of a third-country national to be illegal and imposing or stating an obligation to return that respects directive 2008/115/ec of the european parliament and of the council54 ; ### ‘return decision’ means an administrative or judicial decision or act stating or declaring the stay of a third-country national to be irregular and imposing or stating an obligation to return pursuant to directive 2008/115/ec of the european parliament and of the council54 ;


### (aa) ‘illegally staying third-country national’ means a third-country national who does not fulfil or no longer fulfils the conditions of entry as set out in article 6 of regulation (eu) 2016/399 or other conditions for entry , stay or residence in a member state. ### (aa) ‘irregularly staying third-country national’ means a third-country national who does not fulfil or no longer fulfils the conditions of entry as set out in article 6 of regulation (eu) 2016/399 or other conditions for entry , stay or residence in a member state.


### 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; ### deleted


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


### effective management and prevention of irregular migration; ### deleted


### effective management of the union’s external borders , based on the european integrated border management; ### effective management of the union’s external borders , through the creation and development of an adequately resourced independent monitoring mechanism in line with article 18 and 19 of the charter of fundamental rights and the principle of non-refoulement;


### determination of the member state responsible for the examination of an application for international protection , based on shared responsibility and rules and mechanisms for solidarity; ### determination of the member state responsible for the examination of an application for international protection , based on shared responsibility and rules and mechanisms for solidarity , as enshrined in article 80 the tfeu;


### 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; ### deleted


### 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 , as enshrined in article 80 of the tfeu , and shall take into account the shared interest in the effective functioning of the union’s asylum and migration management 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 and migration management systems that provide access to international and national protection procedures , grant such protection to those who are in need and ensure the dignified return to those who are irregularly staying;


### 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 and migration management systems that provide access to international and national protection procedures , grant such protection to those who are in need and ensure the return of those who are illegally staying;


### 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; ### take all measures necessary to ensure genuine and effective access to means of legal entry in cooperation with relevant third countries;


### 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; ### 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 and trafficking;


### apply correctly and expeditiously the rules on the determination of the member state responsible for examining an application for international protection and , where necessary , carry out the transfer to the member state responsible pursuant to chapters i-vi of part iii; ### apply correctly and expeditiously the rules on the determination of the member state responsible for examining an application for international protection and , where necessary , carry out the transfer to the member state responsible pursuant to chapters i-vi of part iii , chapter i of part iv;


### take all reasonable and proportionate measures to prevent and correct unauthorised movements between member states. ### deleted


### relevant reports and analyses from union agencies; ### relevant reports and analyses from union agencies , including the fundamental rights agency;


### information gathered in the course of evaluations undertaken in the schengen evaluation and monitoring mechanism in accordance with article 4 of regulation (eu) no 1053/201355 . ### deleted


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


### article 7 ### deleted


### 1. solidarity contributions for the benefit of a member state under migratory pressure or subject to disembarkations following search and rescue operations shall consist of the following types: ### 1. solidarity contributions for the benefit of a member state of first entry or subject to disembarkation , including after search and rescue operations and activities shall be established according to the procedure provided in this article.


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


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


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


### 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


### article 46 ### deleted


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


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


### 2. where the migration management report referred to in article 6(4) indicates that one or more member states faced with the situations referred to in paragraph 1 , it shall also set out the total number of applicants for international protection referred to in article 45(1) , point (a) that would need to be relocated in order to assist those member states. the report shall also identify any capacity-building measures referred to in article 45(1) , point (d) which are necessary to assist the member state concerned. ### 2. in the context of disembarkations following search and rescue activities and operations , as defined in paragraph 1 , the special needs of children , including unaccompanied minors , victims of trafficking in human beings , persons in need of urgent medical assistance , disabled persons , persons in need of international protection and other persons in a particularly vulnerable situation , shall be addressed as a matter of urgency and in a spirit of solidarity , pursuant to articles 14 and 45.


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


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


### 5. where the commission considers that the solidarity contributions indicated by all the member states pursuant to paragraph 4 fall significantly short of the total solidarity contributions set out in the migration management report , the commission shall convene the solidarity forum. the commission shall invite member states to adjust the number and , where relevant , the type of contributions. member states that adjust their contributions shall submit revised sar solidarity response plans in the course of the solidarity forum. ### deleted


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


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


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


### 2. the asylum agency and the european border and coast guard agency shall assist the commission in drawing up the assessment of migratory pressure. the commission shall inform the european parliament , the council and the member states , without delay , that it is undertaking an assessment. ### 2. the asylum agency and the european border and coast guard agency shall assist the commission in drawing up the assessment of migratory pressure , in cooperation with the member states in question. the commission shall inform the european parliament , the council and the member states concerned , without delay , that it is undertaking an assessment.


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


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


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


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


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


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


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


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


### the number and nationality of third-country nationals disembarked following search and rescue operations , including the number of applications for international protection; ### the number and nationality of third-country nationals disembarked and following search and rescue operations and activities , including the number of applications for international protection;


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


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


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


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


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


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


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


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


### measures that the member state under migratory pressure should take in the field of migration management , and in particular in the field of asylum and return; ### measures that the member states under migratory pressure should take in the field of asylum and reception;


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


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


### 1. where the report referred to in article 51 indicates that a member state is under migratory pressure , the other member states which are not themselves benefitting member states shall contribute by means of the solidarity contributions referred to in article 45(1) , points (a) , (b) and (c). member states shall prioritise the relocation of unaccompanied minors. ### 1. where the report referred to in article 51 indicates that a member state is under migratory pressure , the other member states which are not themselves benefitting member states shall contribute by means of the solidarity contributions referred to in article 51(3) (b) (ii). member states shall prioritise the relocation of unaccompanied minors.


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


### 3. within two weeks from the adoption of the report referred to in article 51 , member states shall submit to the commission a solidarity response plan by completing the form in annex ii. the solidarity response plan shall indicate the type of contributions from among those set out in article 51(3)(b)(ii) or , where relevant , the measures set out in article 51(3)(b)(iii) that member states propose to take. where member states propose more than one type of contribution set out in article 51(3)(b)(ii) , they shall indicate the share of each. ### 3. within two weeks from the adoption of the report referred to in article 51 , member states shall submit to the commission a solidarity response plan by completing the form in annex ii. the solidarity response plan shall indicate the type of contributions from among those set out in article 51(3)(b)(ii) . where member states propose more than one type of contribution set out in article 51(3)(b)(ii) , they shall indicate the share of each.


### where the solidarity response plan includes return sponsorship , member states shall indicate the nationalities of the illegally staying third-country nationals present on the territory of the member state concerned that they intend to sponsor. ### deleted


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


### 2. any member state may , at any time , in response to a request for solidarity support by a member state , or on its own initiative , including in agreement with another member state , make contributions by means of the measures referred to in article 45 for the benefit of the member state concerned and with its agreement. contributions referred to in article 45 , point (d) shall be in accordance with the objectives of regulation (eu) xxx/xxx [asylum migration fund]. ### 2. any member state may , at any time , in situations where there is no migratory pressure and where the mechanism established in article 51 -53 is not applicable , decide to relocate beneficiaries of international protection. in this case it shall inform the commission without delay.


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


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


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


### 2. before applying the procedure set out in this article , the benefitting member state shall ensure that there are no reasonable grounds to consider the person concerned a danger to national security or public order of that member state. if there are reasonable grounds to consider the person a danger to national security or public order , the benefitting member state shall not apply the procedure set out in this article and shall , where applicable , exclude the person from the list referred to in article 49(2). ### 2. before applying the procedure set out in this article , the benefitting member state shall ensure that there are no reasonable grounds to consider the person concerned an individual and specific danger to national security of that member state , according to the procedure laid down in article 14 (3). if there are reasonable grounds to consider the person a danger to national security , the benefitting member state shall where applicable exclude the person from being relocated.


### 3. where relocation is to be applied , the benefitting member state shall identify the persons who could be relocated. where the person concerned is an applicant for or a beneficiary of international protection , that member state shall take into account , where applicable , the existence of meaningful links between the person concerned and the member state of relocation. where the identified person to be relocated is a beneficiary for international protection , the person concerned shall be relocated only after that person consented to relocation in writing. ### deleted


### where relocation is to be applied pursuant to article 49 , the benefitting member state shall use the list drawn up by the asylum agency and the european border and coast guard agency referred to in article 49(2). ### where relocation is to be applied , the eu relocation coordinator should support the relocation activities from the benefitting member state to the contributing member state implementing their obligations referred to in article 13a (d).


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


### 5. the benefitting member state shall transmit to the member state of relocation as quickly as possible the relevant information and documents on the person referred to in paragraphs 2 and 3. ### 5. the benefitting member state shall transmit to the member state of relocation as quickly as possible the relevant information and documents on the person referred to in paragraphs 2.


### 6. the member state of relocation shall examine the information transmitted by the benefitting member state pursuant to paragraph 5 , and verify that there are no reasonable grounds to consider the person concerned a danger to its national security or public order. ### deleted


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


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


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


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


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


### article 59 ### deleted


### eur [10 000] per applicant for whom that member state becomes responsible as a result of relocation in accordance with articles 48 , 53 and article 56 regulation (eu) xxx/xxx [asylum and migration management regulation]; ### eur [10 000] per applicant for whom that member state becomes responsible as a result of relocation in accordance with articles 14 and 45 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) , (b) and (c) is increased to eur [12 000] for each unaccompanied minor relocated in accordance with articles 45 , 53 and 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 contributions to be made by each member state.


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


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


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


### (34) it is appropriate that a clear and workable method for determining the member state responsible for the examination of an application for international protection should be included in the common european asylum system40 . that method should be based on objective , fair criteria both for the member states and for the persons concerned. it should , in particular , make it possible to determine rapidly the member state responsible , so as to guarantee effective access to the procedures for granting international protection and not to compromise the objective of the rapid processing of applications for international protection. ### (34) it is appropriate that a clear and workable method for determining the member state responsible for the examination of an application for international protection should be included in the common european asylum system40 . that method should be based on objective , fair criteria both for the member states and for the persons concerned , namely meaningful links.


### (35) this regulation should be based on the principles underlying regulation (eu) no 604/2013 of the european parliament and of the council41 while developing the principle of solidarity and fair sharing of responsibility as part of the common framework. to that end , a new solidarity mechanism should enable a strengthened preparedness of member states to manage migration , to address situations where member states are faced with migratory pressure and to facilitate regular solidarity support among member states. ### (35) this regulation should be based on the principles underlying regulation (eu) no 604/2013 of the european parliament and of the council41 and the principle of solidarity and fair sharing of responsibility as part of the common framework , in line with article 80 of tfeu. to that end , the new solidarity mechanism should enable a strengthened preparedness of member states.


### (37) persons granted immediate protection pursuant to regulation (eu) xxx/xxx [regulation addressing situations of crisis and force majeure in the field of asylum and migration] should continue to be considered as applicants for international protection , in view of their pending (suspended) application for international protection within the meaning of regulation (eu) xxx/xxx [asylum procedure regulation]. as such , they should fall under the scope of this regulation and be considered as applicants for the purpose of applying the criteria and mechanisms for determining the member state responsible for examining their applications for international protection or the procedure for relocation as set out in this regulation. ### deleted


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


### (43) in accordance with the 1989 united nations convention on the rights of the child and with the charter of fundamental rights of the european union , the best interests of the child should be a primary consideration of member states when applying this regulation. in assessing the best interests of the child , member states should , in particular , take due account of the minor’s well-being and social development , safety and security considerations and the views of the minor in accordance with his or her age and maturity , including his or her background. in addition , specific procedural guarantees for unaccompanied minors should be laid down on account of their particular vulnerability. ### (43) in accordance with the 1989 united nations convention on the rights of the child and with the charter of fundamental rights of the european union , the best interests of the child should be a primary consideration of member states when applying this regulation. in assessing the best interests of the child , member states should , carry out an individual assessment led by the relevant and independent child protection authorities , in particular , taking due account of the minor’s well-being and social development , safety and security considerations in the short , medium and long-term and the views of the minor in accordance with his or her age and maturity , including his or her individual circumstances and background. in addition , specific procedural guarantees for unaccompanied minors should be laid down on account of their particular vulnerability , including the appointment of an independent guardian and access to free legal assistance.


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


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


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


### (48) in order to ensure full respect for the principle of family unity and for the best interests of the child , the existence of a relationship of dependency between an applicant and his or her child , sibling or parent on account of the applicant’s pregnancy or maternity , state of health or old age , should be a binding responsibility criterion. when the applicant is an unaccompanied minor , the presence of a family member or relative on the territory of another member state who can take care of him or her should also become a binding responsibility criterion. in order to discourage unauthorised movements of unaccompanied minors , which are not in their best interests , in the absence of a family member or a relative , the member state responsible should be that where the unaccompanied minor’s application for international protection was first registered , unless it is demonstrated that this would not be in the best interests of the child. before transferring an unaccompanied minor to another member state , the transferring member state should make sure that that member state will take all necessary and appropriate measures to ensure the adequate protection of the child , and in particular the prompt appointment of a representative or representatives tasked with safeguarding respect for all the rights to which they are entitled. any decision to transfer an unaccompanied minor should be preceded by an assessment of his or her best interests by staff with the necessary qualifications and expertise. ### (48) in order to ensure full respect for the principle of family unity and for the best interests of the child , the existence of a relationship of dependency between an applicant and his or her child , sibling or parent on account of the applicant’s pregnancy or maternity , state of health or old age , should be a binding responsibility criterion. when the applicant is an unaccompanied minor , the presence of a family member or relative on the territory of another member state who can take care of him or her should also become a binding responsibility criterion. in order to discourage unauthorised movements of unaccompanied minors , which are not in their best interests , in the absence of a family member or a relative , the member state responsible should be that where the minor is present unless this is assessed not to be in the best interests of the child. before transferring a minor to another member state , the transferring member state should make sure that that member state will take all necessary and appropriate measures to ensure the adequate protection of the child. for unaccompanied children , this includes in particular the prompt appointment of a representative or representatives tasked with safeguarding respect for all the rights to which they are entitled as well as prompt access to free legal assistance. when considering or implementing the transfer of a child , states should promote and facilitate the continuity and stability of the support and assistance provided to a child. states should promote and facilitate transnational cooperation between these actors , including sharing of information about the child , with the informed consent of the child. any decision to transfer a minor should be preceded by an individual assessment of his or her best interests by staff with the necessary qualifications and expertise.


### (48) in order to ensure full respect for the principle of family unity and for the best interests of the child , the existence of a relationship of dependency between an applicant and his or her child , sibling or parent on account of the applicant’s pregnancy or maternity , state of health or old age , should be a binding responsibility criterion. when the applicant is an unaccompanied minor , the presence of a family member or relative on the territory of another member state who can take care of him or her should also become a binding responsibility criterion. in order to discourage unauthorised movements of unaccompanied minors , which are not in their best interests , in the absence of a family member or a relative , the member state responsible should be that where the unaccompanied minor’s application for international protection was first registered , unless it is demonstrated that this would not be in the best interests of the child. before transferring an unaccompanied minor to another member state , the transferring member state should make sure that that member state will take all necessary and appropriate measures to ensure the adequate protection of the child , and in particular the prompt appointment of a representative or representatives tasked with safeguarding respect for all the rights to which they are entitled. any decision to transfer an unaccompanied minor should be preceded by an assessment of his or her best interests by staff with the necessary qualifications and expertise. ### (48) in order to ensure full respect for the principle of family unity and for the best interests of the child , the existence of a relationship of dependency between an applicant and his or her child , sibling or parent on account of the applicant’s pregnancy or maternity , state of health or old age , should be a binding responsibility criterion. when the applicant is an unaccompanied minor , the presence of a family member or relative on the territory of another member state who can take care of him or her should also become a binding responsibility criterion. in order to discourage onwards movements of unaccompanied minors , which are not in their best interests , in the absence of a family member or a relative , the member state responsible should be that where the minor is present , unless it is assessed not to be in the best interest of the child. before transferring a minor to another member state , the transferring member state should make sure that that member state will take all necessary and appropriate measures to ensure the adequate protection of the child. for unaccompanied minors , in particular , the prompt appointment of a guardian tasked with safeguarding respect for all the rights to which they are entitled , as well as prompt access for free legal assistance. when considering or implementing the transfer of a minor , member states should promote and facilitate the continuity and stability of the support and assistance provided to a minor. member states should promote and facilitate transnational cooperation between these actors , including sharing of information about the minor , with the informed consent of the minor. any decision to transfer a minor should be preceded by an individual assessment of his or her best interests by staff with the necessary qualifications and expertise.


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


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


### (53) in order to ensure that the procedures set out in this regulation are respected and to prevent obstacles to the efficient application of this regulation , in particular in order to avoid absconding and unauthorised movements between member states , it is necessary to establish clear obligations to be complied with by the applicant in the context of the procedure , of which he or she should be duly informed in a timely manner. violation of those legal obligations should lead to appropriate and proportionate procedural consequences for the applicant and to appropriate and proportionate consequences in terms of his or her reception conditions. in line with the charter of fundamental rights of the european union , the member state where such an applicant is present should in any case ensure that the immediate material needs of that person are covered. ### (53) in order to ensure that the procedures set out in this regulation are respected and to prevent obstacles to the efficient application of this regulation , the member state and the competent authorities of the member state , assisted by the asylum agency , shall ensure as soon as possible that the third country national or stateless person who intends to make an application to international protection fully cooperates in matters covered by this regulation , informing him or her of his or her rights and obligations.


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


### (56) in order to guarantee effective protection of the rights of the persons concerned , legal safeguards and the right to an effective remedy in respect of decisions regarding transfers to the member state responsible should be established , in accordance , in particular , with article 47 of the charter of fundamental rights of the european union. in order to ensure that international law is respected , an effective remedy against such decisions should cover both the examination of the application of this regulation and of the legal and factual situation in the member state to which the applicant is transferred. the scope of the effective remedy should be limited to an assessment of whether applicants' fundamental rights to respect of family life , the rights of the child , or the prohibition of inhuman and degrading treatment risk to be infringed upon. ### (56) in order to guarantee effective protection of the rights of the persons concerned , legal safeguards and the right to an effective remedy in respect of decisions regarding transfers to the member state responsible should be established , in accordance , in particular , with article 47 of the charter of fundamental rights of the european union. in order to ensure that international law is respected , an effective remedy against such decisions should cover both the examination of the application of this regulation and of the legal and factual situation in the member state to which the applicant is transferred.


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


### (59) the detention of applicants should be applied in accordance with the underlying principle that a person should not be held in detention for the sole reason that he or she is seeking international protection. detention should be for as short a period as possible and subject to the principles of necessity and proportionality thereby only being allowed as a measure of last resort. in particular , the detention of applicants must be in accordance with article 31 of the geneva convention. the procedures provided for under this regulation in respect of a detained person should be applied as a matter of priority , within the shortest possible deadlines. as regards the general guarantees governing detention , as well as detention conditions , where appropriate , member states should apply the provisions of directive xxx/xxx/eu [reception conditions directive] also to persons detained on the basis of this regulation. ### (59) minors and unaccompanied minors shall never be detained. the detention of applicants should be applied in accordance with the underlying principle that a person should not be held in detention for the sole reason that he or she is seeking international protection. detention should be for as short a period as possible and subject to the principles of necessity and proportionality thereby only being allowed as a measure of last resort. in particular , the detention of applicants must be in accordance with article 31 of the geneva convention. the procedures provided for under this regulation in respect of a detained person should be applied as a matter of priority , within the shortest possible deadlines. as regards the general guarantees governing detention , as well as detention conditions , where appropriate , member states should apply the provisions of directive xxx/xxx/eu [reception conditions directive] also to persons detained on the basis of this regulation.


### 1. where , on account of pregnancy , having a new-born child , serious illness , severe disability , severe trauma or old age , an applicant is dependent on the assistance of his or her child or parent legally resident in one of the member states , or his or her child or parent legally resident in one of the member states is dependent on the assistance of the applicant , member states shall normally keep or bring together the applicant with that child or parent , provided that family ties existed before the applicant arrived on the territory of the member states , that the child or parent or the applicant is able to take care of the dependent person and that the persons concerned expressed their desire in writing. ### 1. where , on account of pregnancy , having a new-born child , serious illness , severe disability , trauma , old age , or other relevant psychological and/or physical vulnerabilities an applicant is in need of the assistance of his or her child , sibling , parent , or grandparent legally resident in one of the member states , or his or her child , sibling , parent or grandparent legally resident in one of the member states in need of the assistance of the applicant , member states shall normally keep or bring together the applicant with that child , sibling , parent , or grandparent provided that the child , sibling , parent or grandparent or the applicant is able to take care of the dependent person and that the persons concerned expressed their desire in writing.


### where there are indications that a child or parent is legally resident on the territory of the member state where the dependent person is present , that member state shall verify whether the child or parent can take care of the dependent person , before making a take charge request pursuant to article 29. ### where there are indications that a child , sibling , parent or grandparent is legally resident on the territory of the member state where the dependent person is present , that member state shall verify whether the child , sibling , parent or grandparent can take care of the dependent person , before making a take charge request pursuant to article 29.


### 2. where the child or parent referred to in paragraph 1 is legally resident in a member state other than the one where the applicant is present , the member state responsible shall be the one where the child or parent is legally resident unless the applicant’s health prevents him or her from travelling to that member state for a significant period of time. in such a case , the member state responsible shall be the one where the applicant is present. such member state shall not be subject to the obligation to bring the child or parent of the applicant to its territory. ### 2. where the child , sibling , parent or grandparent referred to in paragraph 1 is legally resident in a member state other than the one where the applicant is present , the member state responsible shall be the one where the child , sibling , parent or grandparent is legally resident . in such a case , the member state responsible shall be the one where the applicant is present. such member state shall not be subject to the obligation to bring the child , sibling , parent or grandparent of the applicant to its territory.


### 1. by way of derogation from article 8(1) , each member state may decide to examine an application for international protection by a third-country national or a stateless person registered with it , even if such examination is not its responsibility under the criteria laid down in this regulation. ### 1. by way of derogation from article 8(1) , each member state may decide to examine an application for international protection by a third-country national or a stateless person lodged with it , even if such examination is not its responsibility under the criteria laid down in this regulation.


### 2. the member state in which an application for international protection is registered and which is carrying out the process of determining the member state responsible , or the member state responsible , may , at any time before a first decision regarding the substance is taken , request another member state to take charge of an applicant in order to bring together any family relations , on humanitarian grounds based in particular on family or cultural considerations , even where that other member state is not responsible under the criteria laid down in articles 15 to 18 and 24. the persons concerned shall express their consent in writing. ### 2. the member state in which an application for international protection is registered and which is carrying out the process of determining the member state responsible , or the member state responsible , may , at any time before a first decision regarding the substance is taken , request another member state to take charge of an applicant in order to bring together any family relations , on humanitarian grounds based in particular on family , cultural considerations or social ties , language skills or other meaningful links which would facilitate his or her integration into that other member state , even where that other member state is not responsible under the criteria laid down in articles 15 to 18 and 24. the persons concerned shall express their consent in writing.


### the requested member state shall carry out any necessary checks to examine the humanitarian grounds cited , and shall reply to the requesting member state within two months of receipt of the request using the electronic communication network set up under article 18 of regulation (ec) no 1560/2003. a reply refusing the request shall state the reasons on which the refusal is based. ### the requested member state shall carry out any necessary checks to examine the humanitarian grounds cited , and shall reply to the requesting member state within one month of receipt of the request using the electronic communication network set up under article 18 of regulation (ec) no 1560/2003. a reply refusing the request shall state the reasons on which the refusal is based. where the requested member state accepts the request , responsibility for examining the application shall be transferred to it.


### take back , under the conditions laid down in articles 31 and 35 of this regulation , a beneficiary of international protection in relation to whom that member state has been indicated as the member state responsible under article 11(1) of regulation (eu) xxx/xxx [eurodac regulation]; ### deleted


### take back , under the conditions laid down in articles 31 and 35 of this regulation , a resettled or admitted person who has made an application for international protection or who is irregularly staying in a member state other than the member state which accepted to admit him or her in accordance with regulation (eu) xxx/xxx [union resettlement framework regulation] or which granted international protection or humanitarian status under a national resettlement scheme. ### deleted