Notwithstanding the putting in place of the necessary preventive measures, it cannot be excluded that a situation of crisis or force majeure in the field of migration and asylum arises due to circumstances beyond the control of the Union and its Member States. Such exceptional situations can include the mass arrivals of third-country nationals and stateless persons in the territory of one or more Member States, or a situation of instrumentalisation of migrants by a third country or a hostile non-state actor with the aim of destabilising the Member State or the Union, or a situation of force majeure in the Member State. In those circumstances, it is possible that the measures and flexibility provided under and of the European Parliament and of the Council (6) are not sufficient to address such exceptional situations. Those exceptional situations are different from those in which a Member State faces a significant migratory situation due to the cumulative effect of arrivals on its well-prepared asylum, reception and migration system or where a Member State is under migratory pressure because of the scale of arrivals which, while not reaching the levels of mass arrivals, nevertheless creates disproportionate obligations on its well-prepared systems, and for which situations provides for relevant measures. Furthermore, this Regulation does not affect the exercise of the responsibilities incumbent upon Member States with regard to the maintenance of law and order and the safeguarding of internal security.
6. Regulation (EU) 2024/1348 of the European Parliament and of the Council of 14 May 2024 establishing a common procedure for international protection in the Union and repealing Directive 2013/32/EU (OJ L, 2024/1348, 22.5.2024, ELI: http://data.europa.eu/eli/reg/2024/1348/oj). ↩︎