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Crisis and Force Majeure Regulation:
Article 10 – Registration of applications for international protection in situations of crisis, or force majeure

1. In a situation of crisis or force majeure, by way of derogation from Article 27 of Regulation (EU) 2024/1348Procedures Regulation, the Member State facing that situation may register applications made within the period during which this paragraph is applied, no later than four weeks after those applications are made.

2. When applying paragraph 1, the Member State concerned shall prioritise the registration of applications of persons with special reception needs as defined in Directive (EU) 2024/1346Reception Directive and of minors and their family members.

3. When applying paragraph 1, Member States may prioritise the registration of applications which are likely to be well-founded.

4. In a situation of crisis as referred to in Article 1(4), point (a), the derogation referred to in paragraph 1 of this Article may only be applied during the time period set out in the initial Council implementing decision referred to in Article 4(3) and not during any subsequent extensions thereof pursuant to Article 5(1) or (2).

5. In accordance with Article 3 of Directive (EU) 2024/1346Reception Directive and Regulation (EU) 2024/1348Procedures Regulation, Member States shall ensure that applicants are able to access and exercise their rights under those instruments in an effective manner as soon as they make an application, regardless of when the registration takes place. The Member State concerned shall duly inform the third-country nationals or stateless persons in a language which they understand, or are reasonably supposed to understand, about the measure applied, the location of the registration points, including the border crossing points accessible for registering and lodging an application for international protection, and the duration of the measure.

6. When submitting a reasoned request as referred to in Article 2(1), a Member State may notify the Commission that it considers it necessary to apply the derogation referred to in paragraph 1 of this Article before it is authorised to do so in the Council implementing decision as referred to in Article 4(3), indicating the precise reasons for which immediate action is required.

In such a case, the Member State concerned may apply the derogation referred to in paragraph 1 of this Article for a period not exceeding 10 days from the day following the date of the submission of the request, unless the Council implementing decision as referred to in Article 4(3) authorises the Member State concerned to continue to apply that derogation.

7. The extension of the time limit for registration of applications for international protection is without prejudice to the obligations to comply with the deadlines set out in Article 15(1), point (b), of Regulation (EU) 2024/1358Eurodac Regulation.


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Categories: Articles Key words: Crisis/Force Majeure, Eurodac, Family members, Minor, Special reception needs

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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