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Crisis and Force Majeure Regulation:
Recital 38

In contrast to the rules set out in Regulation (EU) 2024/1351Asylum And Migration Management Regulation where Member States are not obliged to take responsibility above their fair share, in a situation of crisis, the implementation of the Solidarity Response plan could potentially lead to one or several contributing Member States taking responsibility for examining applications for international protection above their fair share. In such cases, such a Member State should be entitled to reduce proportionally the part above the fair share from the implementation of solidarity pledges under the upcoming annual cycles of Regulation (EU) 2024/1351Asylum And Migration Management Regulation over a period of five years. Such reduction could also be applied in a Council implementing decision adopted pursuant to Article 4(3) with the corresponding amount of applications beyond the fair share and within five years from the date in which the Council implementing decision that led the Member State to go beyond its fair share is no longer in force. It should be possible for the reductions under the upcoming annual cycles and in a Council implementing decision to be applied alternatively or simultaneously, provided that they correspond to and do not go beyond the number of applications for which that Member State contributed above its fair share.


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Categories: Recitals Key words: Mandatory Solidarity, Responsibility Offsets

Keywords

Absconding Accelerated Examination Procedure Adequate capacity Annual Solidarity Pool Asylum Border Procedure Beneficiary of temporary protection Best Interests of the Child Biometric data Common Identity Repository (CIR) Crisis/Force Majeure Detention Determining authority Effective Remedy Eurodac Facial image data Family members Fingerprint data Hit Humanitarian admission Identification Identity data Illegal stay Mandatory Solidarity Member State Responsible Migratory pressure Minor Non-Refoulement Refugee status Relocation Remain in the Member State Representative Resettlement Return Border Procedure Safe Country of Origin Safe Third Country Search and rescue operation Secondary Movement Special procedural guarantees Special reception needs Stateless person Subsequent application Subsidiary protection status Transfer Unaccompanied minor Visa

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