Commission Implementing Decision (EU) 2024/2150of 5 August 2024laying 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

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 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 OJ L, 2024/1348, 22.5.2024, ELI: http://data.europa.eu/eli/reg/2024/1348/oj. , 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 Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624 (OJ L 295, 14.11.2019, p. 1, ELI: http://data.europa.eu/eli/reg/2019/1896/oj). (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 Commission Decision (EU) 2024/2089 of 31 July 2024 confirming the participation of Ireland in Regulation (EU) 2024/1348 of the European Parliament and of the Council establishing a common procedure for international protection in the Union (OJ L, 2024/2089, 2.8.2024, ELI: http://data.europa.eu/eli/dec/2024/2089/oj). 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 Data on irregular crossings of the external border (IBC) provided by Frontex covers also arrivals following search and rescue operations. The total slightly deviates from the sum of the individual figures due to rounding. The total slightly deviates from the sum of the individual figures due to rounding. Member StateIBC + Refusal of entryShare based on IBC + Refusal of entryAdequate capacity for the border procedureBelgium46680,4 %106Bulgaria257092,0 %585Czechia10350,1 %24Germany164251,2 %374Estonia121650,9 %277Ireland203701,5 %464Greece961307,3 %2188Spain14500911,0 %3301France270402,1 %615Croatia641064,9 %1459Italy35219126,7 %8016Cyprus418083,2 %952Latvia79280,6 %180Lithuania177371,3 %404Luxembourg250,002 %1Hungary33897825,7 %7716Malta26380,2 %60Netherlands92900,7 %211Austria18100,1 %41Poland687055,2 %1564Portugal44600,3 %102Romania374042,8 %851Slovenia86650,7 %197Slovakia39360,3 %90Finland74480,6 %170Sweden23600,2 %54Total1318040100,0 %30000

Annex

ANNEX II Maximum number of applications a Member State is required to examine in the border procedure per year The multipliers (times two and times three) are applied to the rounded figures for the adequate capacity for the border procedure listed in Annex I. Member State12 June 2026 – 12 June 202713 June 2027 – 14 October 2027Belgium212318Bulgaria11701755Czechia4872Germany7481122Estonia554831Ireland9281392Greece43766564Spain66029903France12301845Croatia29184377Italy1603224048Cyprus19042856Latvia360540Lithuania8081212Luxembourg23Hungary1543223148Malta120180Netherlands422633Austria82123Poland31284692Portugal204306Romania17022553Slovenia394591Slovakia180270Finland340510Sweden108162