Asylum Border Procedure – Page 4 – EU Migration Pact information

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

Return Border Procedure Regulation:
Recital 12

The return border procedure should facilitate, in a situation of crisis as defined in of the European Parliament and of the Council (6), the return of irregularly staying third-country nationals or stateless persons whose application has been rejected in the context of a crisis in the asylum border procedure, who have no right to remain […]

Procedures Regulation:
Recital 44

In order to shorten the overall duration of the procedure in certain cases, Member States should have the flexibility, in accordance with their national needs, to prioritise the examination of any application by examining it before other, previously made applications. The prioritisation of examination of applications should be done without derogating from normally applicable procedures, […]

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 […]

Return Border Procedure Regulation:
Article 1 – Subject matter and scope

1. This Regulation establishes a return border procedure. It applies to third-country nationals and stateless persons whose application has been rejected in the context of the asylum border procedure provided for in Articles 43 to 54 of (the ‘asylum border procedure’). It also provides for temporary specific rules on the return border procedure in situations […]

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:
Article 48 – Measure applicable where the adequate capacity of a Member State is reached

1. When the number of applicants that are subject to the asylum border procedure in a Member State at any given moment, in combination with the number of persons subject to a return border procedure established pursuant to or, where applicable, an equivalent return border procedure established under national law, is equal to or exceeds […]

Return Border Procedure Regulation:
Article 4 – Return border procedure

1. Third-country nationals and stateless persons whose application has been rejected in the context of the asylum border procedure shall not be authorised to enter the territory of the Member State concerned. 2. Member States shall require the persons referred to in paragraph 1 to reside for a period not exceeding 12 weeks in locations […]

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:
Article 49 – Notification by a Member State where the adequate capacity is reached

1. The notification referred to in Article 48 shall contain the following information: (a) the number of applicants that are subject to the asylum border procedure, a return border procedure established pursuant to or, where applicable, an equivalent return border procedure established under national law in the Member State concerned at the time of the […]