Adequate capacity – EU Migration Pact information

Crisis and Force Majeure Regulation:
Recital 47

In a situation of crisis characterised by mass arrivals of third-country nationals and stateless persons applying for international protection, it could be necessary to broaden the scope of the application of the border procedure, established by Article 43 of and to allow a Member State to take a decision in the framework of a border […]

Crisis and Force Majeure Regulation:
Recital 49

In a situation of instrumentalisation and to prevent a third country or a hostile non-state actor from targeting specific nationalities or specific categories of third-country nationals or stateless persons, it should be possible for a Member State to derogate from the asylum procedure set out in this Regulation by taking a decision in the framework […]

Procedures Regulation:
Recital 11

It should be possible to mobilise the resources of the Asylum, Migration and Integration Fund, as established by the of the European Parliament and of the Council (7), and other relevant Union funds (the ‘Funds’) to provide support for Member States’ efforts in applying this Regulation, in line with the rules governing the use of […]

Procedures Regulation:
Recital 58

The purpose of the border procedure for asylum and return should be to quickly assess in principle at the external borders whether applications are unfounded or inadmissible and to swiftly return those with no right to stay, in a manner that fully respects the principle of non-refoulement, while ensuring that those with well-founded claims are […]

Procedures Regulation:
Recital 59

In order to ensure uniform conditions for the implementation of this Regulation as regards to the calculation of the numbers corresponding to the adequate capacity of each Member State and the maximum number of applications a Member State is required to examine in the border procedure per year, implementing powers should be conferred on the […]

Procedures Regulation:
Recital 67

The best interests of the child should be a primary consideration for Member States when applying the provisions of this Regulation that possibly affect minors. In this context, and given the special reception needs of minors, where the border procedure is applied and the number of applicants at a given moment exceeds the number which […]

Procedures Regulation:
Article 3 – Definitions

For the purposes of this Regulation, the following definitions apply: (1) ‘refugee’ means a third-country national who, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, political opinion or membership of a particular social group, is outside the country of nationality and is unable or, owing to such fear, is […]

Procedures Regulation:
Article 44 – Decisions in the framework of the asylum border procedure

1. Where a border procedure is applied, decisions may be taken on the following: (a) the inadmissibility of an application in accordance with Article 38; (b) the merits of an application where any of the circumstances referred to in Article 42(1), points (a) to (g) and (j), and Article 42(3), point (b), apply. 2. Where […]

Procedures Regulation:
Article 46 – The adequate capacity at Union level

The adequate capacity at Union level shall be considered to be 30 000. Correlation table Directive 2013/32/EU This Regulation Article 43 Articles 43 to 54

Procedures Regulation:
Article 47 – The adequate capacity of a Member State

1. The Commission shall, by means of implementing acts, calculate the number that corresponds to the adequate capacity of each Member State by using the formula laid down in paragraph 4. Without prejudice to paragraph 3, the Commission shall also, by means of implementing acts, set the maximum number of applications a Member State is […]