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1. Together with the Report referred to in Article 9, the Commission shall adopt an implementing decision determining whether a particular Member State is under migratory pressure, at risk of migratory pressure during the upcoming year, or is facing a significant migratory situation. For that purpose, the Commission shall consult the Member States concerned. The Commission may set a time limit for such consultations.

2. For the purposes of paragraph 1, the Commission shall use the information gathered pursuant to Article 10, taking into account all elements of the Report referred to in Article 9, all migratory routes, including the specificities of the structural phenomenon of disembarkations after search and rescue operations and unauthorised movements of third country-nationals and stateless persons between the Member States, as well as previous pressure on the Member State concerned and the current situation.

3. Where during the past 12 months a Member State has faced large number of arrivals due to recurring disembarkations following search and rescue operations, the Commission shall consider that Member State to be under migratory pressure provided those arrivals are of such a scale that they create disproportionate obligations on even the well-prepared asylum, reception and migration system of the Member State concerned.

4. The Commission shall adopt its implementing decision by 15 October each year and transmit it to the European Parliament and to the Council.