Commission Implementing Decision (EU) 2024/2150 of 5 August 2024 laying down rules for the application of Regulation (EU) 2024/1348 of the European Parliament and of the Council, as regards the adequate capacity of Member States and the maximum number of applications to be examined by a Member State in the border procedure per year
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Address https://gelex.eu/eli/EU/decision/2024/2150@2024-08-05/en
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to 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, and in particular Article 47(1) thereof,
Whereas:
(1) It is necessary to set up the adequate capacity of a Member State and the maximum number of applications for international protection a Member State is required to examine in the border procedure per year. Pursuant to Article 47(5) of Regulation (EU) 2024/1348, the first implementing act setting up both figures should be adopted by the Commission on 12 August 2024, the second implementing act should be adopted by the Commission on 15 October 2027 and the subsequent acts on 15 October every three years thereafter.
(2) The data used for calculating the adequate capacity and the maximum number of applications to be examined by a Member State in the border procedure per year comprises the irregular border crossings, as reported by Member States to the European Border and Coast Guard Agency established by Regulation (EU) 2019/1896 of the European Parliament and of the Council (Frontex), which also includes arrivals following search and rescue operations, and refusals of entry at the external border, as per Eurostat data, calculated over a three-year period, and corresponds to the period from 1 January 2021 till 31 December 2023.
(3) In accordance with Article 4 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union (TEU) and to the Treaty on the Functioning of the European Union (TFEU), Ireland has notified its wish to accept and be bound by Regulation (EU) 2024/1348. Commission Decision (EU) 2024/2089 confirmed such participation. Ireland is therefore bound by this Decision.
(4) In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the TEU and to the TFEU, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application,
HAS ADOPTED THIS DECISION:
Article 1
The number that corresponds to the adequate capacity of each Member State shall be as set in Annex I.
Article 2
The maximum number of applications a Member State is required to examine in the border procedure per year shall be as set in Annex II.
Article 3
This Decision shall enter into force on 12 August 2024. It shall apply from 12 June 2026 until 14 October 2027.
Done at Brussels, 5 August 2024. For the Commission The President Ursula von der Leyen
ANNEX
ANNEX I Adequate capacity per Member State
Member State IBC + Refusal of entry Share based on IBC + Refusal of entry Adequate capacity for the border procedure Belgium 4668 0,4 % 106 Bulgaria 25709 2,0 % 585 Czechia 1035 0,1 % 24 Germany 16425 1,2 % 374 Estonia 12165 0,9 % 277 Ireland 20370 1,5 % 464 Greece 96130 7,3 % 2188 Spain 145009 11,0 % 3301 France 27040 2,1 % 615 Croatia 64106 4,9 % 1459 Italy 352191 26,7 % 8016 Cyprus 41808 3,2 % 952 Latvia 7928 0,6 % 180 Lithuania 17737 1,3 % 404 Luxembourg 25 0,002 % 1 Hungary 338978 25,7 % 7716 Malta 2638 0,2 % 60 Netherlands 9290 0,7 % 211 Austria 1810 0,1 % 41 Poland 68705 5,2 % 1564 Portugal 4460 0,3 % 102 Romania 37404 2,8 % 851 Slovenia 8665 0,7 % 197 Slovakia 3936 0,3 % 90 Finland 7448 0,6 % 170 Sweden 2360 0,2 % 54 Total 1318040 100,0 % 30000
ANNEX II Maximum number of applications a Member State is required to examine in the border procedure per year
Member State 12 June 2026 – 12 June 2027 13 June 2027 – 14 October 2027 Belgium 212 318 Bulgaria 1170 1755 Czechia 48 72 Germany 748 1122 Estonia 554 831 Ireland 928 1392 Greece 4376 6564 Spain 6602 9903 France 1230 1845 Croatia 2918 4377 Italy 16032 24048 Cyprus 1904 2856 Latvia 360 540 Lithuania 808 1212 Luxembourg 2 3 Hungary 15432 23148 Malta 120 180 Netherlands 422 633 Austria 82 123 Poland 3128 4692 Portugal 204 306 Romania 1702 2553 Slovenia 394 591 Slovakia 180 270 Finland 340 510 Sweden 108 162