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Crisis and Force Majeure Regulation:
Recital 47

In a situation of crisis characterised by mass arrivals of third-country nationals and stateless persons applying for international protection, it could be necessary to broaden the scope of the application of the border procedure, established by Article 43 of Regulation (EU) 2024/1348Procedures Regulation and to allow a Member State to take a decision in the framework of a border procedure also on the merits of an application in cases where the applicant is a national or, in the case of stateless persons, a former habitual resident, of a third country, for which the proportion of decisions granting international protection Union-wide is 50 % or lower. As a result, in the application of the crisis border procedure, Member States should continue to apply the border procedure as provided by Articles 43 to 54 of that Regulation but could extend the application of the border procedure to third-country nationals or stateless persons who come from third countries where the Union-wide average recognition rate is above 20 % but under 50 %, taking into account the rapidly evolving protection needs that might arise in the country of origin as reflected in quarterly updates of Eurostat data. This broadening of the scope of the border procedure should not affect the grounds and other rules applicable to the mandatory border procedure under that Regulation. Where a Member State is authorised to broaden the scope of the border procedure, applications examined under that procedure should not be considered as part of the adequate capacity pursuant to Article 47 or counted for the application of the annual cap pursuant to Article 50 of that Regulation.


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Categories: Recitals Key words: Adequate capacity, Asylum Border Procedure, Crisis/Force Majeure

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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