1. Where a Member State has not been identified in a decision as referred to in Article 11 as being under migratory pressure but considers itself to be under migratory pressure, it shall notify the Commission of its need to make use of the Annual Solidarity Pool and inform the Council thereof. The Commission shall inform the European Parliament thereof.

2. The notification referred to in paragraph 1 shall include:

(a) a duly substantiated reasoning on the existence and extent of the migratory pressure in the notifying Member State, including updated data on the indicators referred to in Article 9(3), point (a);

(b) information on the type and level of solidarity measures as referred to in Article 56 needed to address the situation, including where relevant any use made of the components of the Permanent EU Migration Support Toolbox and, where the Member State concerned intends to make use of financial contributions, the identification of the Union spending programmes concerned;

(c) a description of how the use of the Annual Solidarity Pool could stabilise the situation;

(d) how the Member State concerned intends to address any possible identified vulnerabilities in the area of responsibility, preparedness or resilience.

3. The Asylum Agency, the European Border and Coast Guard Agency and the European Union Agency for Fundamental Rights as well as the Member State concerned, shall, where requested by the Commission, assist the Commission in drawing up an assessment of the migratory pressure.

4. The Commission shall expeditiously assess the notification, taking into account the information set out in Articles 9 and 10, whether the notifying Member State was identified as being at risk of migratory pressure in the decision referred to in Article 11, the overall situation in the Union, the situation in the notifying Member State during the preceding 12 months, and the needs expressed by the notifying Member State, and adopt a decision whether to consider the Member State as being under migratory pressure. Where the Commission decides that that Member State is under migratory pressure, the Member State concerned shall become a benefitting Member State, unless it is denied access to benefit from the Annual Solidarity Pool in accordance with paragraph 6 of this Article.

5. The Commission shall transmit its decision to the Member State concerned, the European Parliament and the Council without delay.

6. Where the Commission decision establishes that the notifying Member State is under migratory pressure, the EU Solidarity Coordinator shall convene the Technical-Level Forum without delay and within two weeks of the transmission of the Commission decision to the Member State concerned, the European Parliament and the Council, to operationalise the solidarity measures. The EU Solidarity Coordinator shall convene the Technical-Level Forum unless the Commission considers, or the Council decides by way of an implementing act adopted within two weeks of the transmission of the Commission decision to the Member State concerned, the European Parliament and the Council, that there is insufficient capacity in the Annual Solidarity Pool for the Member State concerned to be allowed to benefit from the Annual Solidarity Pool or that there are other objective reasons for not allowing that Member State to benefit from the Annual Solidarity Pool.

7. Where the Council decides that there is insufficient capacity in the Annual Solidarity Pool, Article 13(4) shall apply and the High-Level Forum shall be convened no later than one week after the Commission decision.

In the case of a Commission decision rejecting a request by a Member State to be considered to be under migratory pressure, the notifying Member State may submit a new notification to the Commission and the Council with additional relevant information.