In a situation of instrumentalisation and to prevent a third country or a hostile non-state actor from targeting specific nationalities or specific categories of third-country nationals or stateless persons, it should be possible for a Member State to derogate from the asylum procedure set out in this Regulation by taking a decision in the framework of the border procedure, as set out in Articles 43 to 54 of on the merits of all applications for international protection. The principles and guarantees set out in that Regulation should be respected. The Council implementing decision authorising the Member State to apply the referred derogations should specify the third-country nationals or stateless persons subject to the situation of instrumentalisation. Where applying this derogation, specific attention should be given to certain categories of third-country nationals and stateless persons who have been subject to instrumentalisation, in particular minors under the age of 12 and their family members, and vulnerable persons with special procedural or special reception needs. Those groups should therefore either be excluded from the border procedure, or, when an individual assessment concludes that their applications are likely to be well-founded, that procedure should cease to apply to them. The choice between those alternatives remains at the discretion of the Member State requesting the application of that derogation. The choice indicated in the request should be reflected in the Council implementing decision authorising the application of this derogation. The broadening of the scope of the border procedure in a situation of instrumentalisation should not affect the grounds and other rules applicable to the mandatory border procedure under . 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.