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Procedures Regulation:
Article 49 – Notification by a Member State where the adequate capacity is reached

1. The notification referred to in Article 48 shall contain the following information:

(a) the number of applicants that are subject to the asylum border procedure, a return border procedure established pursuant to Regulation (EU) 2024/1349Return Border Procedure Regulation or, where applicable, an equivalent return border procedure established under national law in the Member State concerned at the time of the notification;

(b) the measure referred to in Article 48 that the Member State concerned intends to apply or to continue applying;

(c) a substantiated reasoning in support of the intention of the Member State concerned, describing how resorting to the measure in question could help in addressing the situation and, where applicable, other measures that the Member State concerned has adopted or envisages adopting at national level to alleviate the situation, including those referred to in Article 6(3) of Regulation (EU) 2024/1351Asylum And Migration Management Regulation

2. Member States may notify the Commission in accordance with Article 48 of this Regulation as part of the notification referred to in Articles 58 and 59 of Regulation (EU) 2024/1351Asylum And Migration Management Regulation, where applicable.

3. Where a Member State notifies the Commission in accordance with Article 48, the Member State concerned shall inform other Member States accordingly.

4. A Member State applying the measure referred to in Article 48 shall inform the Commission on a monthly basis about the following elements:

(a) the number of applicants that are subject to the border procedure in that Member State at that time;

(b) the inflow-outflow evolution of the number of persons that are subject to border procedures for each week that month;

(c) the number of staff responsible for examining applications in the border procedure;

(d) the average duration of the examination during the administrative stage of the procedure; and

(e) the average duration of the examination by a court or tribunal of a request to be allowed to remain pending the appeal.

The Commission shall monitor the application of the measure referred to in Article 48 of this Regulation and to that effect review the information provided by Member States. The Commission shall, within the report referred to in Article 9 of Regulation (EU) 2024/1351Asylum And Migration Management Regulation, provide an assessment of the application of the measure referred to in Article 48 of this Regulation in every Member State.


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Correlation table

Directive 2013/32/EUThis Regulation
Article 43Articles 43 to 54
Categories: Articles Key words: Adequate capacity, Asylum Border Procedure, Return Border Procedure

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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