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Crisis and Force Majeure Regulation:
Article 4 – Commission proposal and Council implementing decision authorising derogations and establishing solidarity measures

1. Simultaneously with the adoption of the Commission implementing decision referred to in Article 3, the Commission shall, where appropriate, make a proposal for a Council implementing decision. The Commission shall immediately inform the European Parliament of that proposal.

2. The Commission’s proposal for a Council implementing decision referred to in paragraph 1 shall ensure that the principles of necessity and proportionality are respected and shall include:

(a) where appropriate, the specific derogations as referred to in Articles 10 to 13 that the Member State should be authorised to apply;

(b) where appropriate, where the Member State is facing a situation of crisis, a draft Solidarity Response Plan, after consultation with the Member State, that ensures the full discretion of contributing Member States in choosing between the types of solidarity measures, and that includes:

(i) where appropriate, the total amount of relocation contributions needed to address the situation of crisis;

(ii) where appropriate, the other relevant solidarity measures referred to in Article 8(1), points (b) and (c), and the level of such measures needed to address the specific situation of crisis;

(iii) where applicable, the total amount of solidarity measures to be taken from the available pledges in the Annual Solidarity Pool;

(iv) where the available pledges in the Annual Solidarity Pool do not cover the needs identified in subpoints (i) and (ii) of this point, the Solidarity Response Plan shall also establish the additional pledges needed to cover such needs; and

(v) the indicative contributions of each Member State to contribute their fair share, calculated in accordance with the reference key set out in Article 66 of Regulation (EU) 2024/1351Asylum And Migration Management Regulation; and

(c) where the Member State is facing a situation of crisis as referred to in Article 1(4), point (b), the identification of the third-country nationals or stateless persons subject to that situation.

When setting up the solidarity needs of the Member State, the Commission shall take into account whether the Member State is already a benefitting Member State pursuant to Articles 58 and 59 of Regulation (EU) 2024/1351Asylum And Migration Management Regulation.

Where, in the reasoned request as referred to in Article 2, the Member State considers that relocation is the primary or only solidarity measure to address the situation, the Commission shall take that into account in its proposal for a Council implementing decision, without prejudice to the discretion of the contributing Member States to choose between the types of solidarity measures.

3. The Council shall assess the Commission’s proposal for a Council implementing decision as referred to in paragraph 1 and adopt an implementing decision within two weeks of receipt of that proposal, authorising the Member State to apply the derogations provided for in Articles 10 to 13 and establishing a Solidarity Response Plan as referred to in paragraph 2, point (b), of this Article, including the solidarity measures that the Member State can benefit from in order to address the situation.

4. Where appropriate, when adopting the proposal for a Council implementing decision as referred to in paragraph 1, the Commission may adopt a recommendation on the application of an expedited procedure for granting international protection to certain categories of applicants as referred to in Article 14.

5. The Council implementing decision shall ensure that the principles of necessity and proportionality are respected, shall state the grounds on which it is based and set the date from which the derogations laid down in Articles 10 to 13 may be applied, as well as the time period for their application, in accordance with Article 5. The Council implementing decision shall:

(a) where appropriate, identify the specific derogations referred to in Articles 10 to 13 that the Member State concerned is authorised to apply;

(b) where appropriate, establish a Solidarity Response Plan that includes:

(i) the total amount of relocation contributions needed to address the situation of crisis giving full consideration to the assessment of the Commission;

(ii) the other relevant solidarity measures referred to in Articles 8(1), points (b) and (c), and the level of such measures needed to address the situation of crisis;

(iii) the total amount of solidarity measures to be taken from the Annual Solidarity Pool;

(iv) the additional pledges needed to cover the needs to address the situation of crisis, if the existing pledges in the annual Solidarity Pool are not sufficient;

(v) the specific contribution by each Member State pledged under the mandatory fair share calculated in accordance with the reference key set out in Article 66 of Regulation (EU) 2024/1351Asylum And Migration Management Regulation;

(c) where the Member State concerned is facing a situation of crisis as referred to in Article 1(4), point (b), identify the third-country nationals or stateless persons subject to that situation.

The Council shall transmit the implementing decision immediately to the European Parliament and the Commission.


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Categories: Articles Key words: Annual Solidarity Pool, Crisis/Force Majeure, Mandatory Solidarity, Relocation

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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