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AMMR:
Article 62 – Deduction of solidarity contributions in significant migratory situations

1. A Member State that is identified in a decision as referred to in Article 11 as facing a significant migratory situation or considers itself to be facing a significant migratory situation, may at any time request a partial or full deduction of its pledged contributions set out in the Council implementing act referred to in Article 57.

The Member State concerned shall submit its request to the Commission. For information purposes, the Member State concerned shall transmit its request to the Council.

2. Where the requesting Member State is identified in a decision as referred to in Article 11 as facing a significant migratory situation, the request shall include:

(a) a description of how the full or partial deduction of its pledged contributions could help stabilising the situation;

(b) whether the pledged contribution could be replaced with a different type of solidarity contribution;

(c) how that Member State will address any possible identified vulnerabilities in the area of responsibility, preparedness or resilience;

(d) a duly substantiated reasoning pertaining to the area of the asylum, reception and migration system in which the capacity has been reached, and how reaching the limits of the capacity of that Member State in the specific area affects its capacity to fulfil its pledge.

3. Where the requesting Member State is not identified in a decision as referred to in Article 11 as facing a significant migratory situation, but considers itself as facing a significant migratory situation, the request shall in addition to the information referred to in paragraph 2 of this Article include also a duly substantiated reasoning on the significance of the migratory situation in the requesting Member State. When assessing such a request, the Commission shall also take into account the information set out in Articles 9 and 10 and whether the Member State was identified as being at risk of migratory pressure in a decision as referred to in Article 11.

4. The Commission shall inform the Council of its assessment of the request within four weeks following the receipt of the request submitted in accordance with this Article. The Commission shall also inform the European Parliament of that assessment.

5. Following the receipt of the Commission’s assessment, the Council shall adopt an implementing act to determine whether the Member State is authorised to derogate from the Council implementing act referred to in Article 57.


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Categories: Articles Key words: Benefitting Member State, Significant migratory situation

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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