In order to ensure uniform conditions for the implementation of this Regulation as regards to the calculation of the numbers corresponding to the adequate capacity of each Member State and the maximum number of applications a Member State is required to examine in the border procedure per year, implementing powers should be conferred on the Commission. The adequate capacity of a Member State should be established through a formula based on aggregating irregular border crossings, as reported by Member States to the European Border and Coast Guard Agency established by of the European Parliament and of the Council (14) (‘Frontex’), which also includes arrivals following search and rescue operations, and refusals of entry at the external border, as per Eurostat data, calculated over a three-year period. When the implementing act is adopted in accordance with this Regulation, its adoption should be aligned with the adoption of the European Annual Asylum and Migration Report under , which assesses the situation along all migratory routes and in all Member States. As an additional element of stability and predictability, the maximum number of applications a Member State should be required to examine in the border procedure per year should be set, amounting to four times that Member State’s adequate capacity. The extent of the obligation of the Member State to set up the adequate capacity should take appropriate account of Member States’ concerns regarding national security and public order. Only applications subject to the border procedure should be calculated towards reaching the adequate capacity.
14. Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624 (OJ L 295, 14.11.2019, p. 1). ↩︎