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

Official Journal EN of the European Union L series 2024/2150 9.8.2024 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 2024establishing a common procedure for international protection in the Union and repealing Directive 2013/32/EU(1), 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 2027and 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(2)(‘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 2021till 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(3) 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.

(1) OJ L, 2024/1348, 22.5.2024, ELI: http://data.europa.eu/eli/reg/2024/1348/oj.

(2) 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).

(3) 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).

ELI: http://data.europa.eu/eli/dec_impl/2024/2150/oj 1/4EN OJ L, 9.8.2024 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 2026until 14 October 2027.

Done at Brussels, 5 August 2024.

For the Commission The President Ursula VON DER LEYEN 2/4 ELI: http://data.europa.eu/eli/dec_impl/2024/2150/ojEN OJ L, 9.8.2024 ANNEX I Adequate capacity per Member State Member State IBC(1)+ Refusal of entry Share based on IBC + Refusal Adequate capacity for the border of entry procedure Belgium 4 668 0,4% 106 Bulgaria 25 709 2,0% 585 Czechia 1 035 0,1% 24 Germany 16 425 1,2% 374 Estonia 12 165 0,9% 277 Ireland 20 370 1,5% 464 Greece 96 130 7,3% 2 188 Spain 145 009 11,0% 3 301 France 27 040 2,1% 615 Croatia 64 106 4,9% 1 459 Italy 352 191 26,7% 8 016 Cyprus 41 808 3,2% 952 Latvia 7 928 0,6% 180 Lithuania 17 737 1,3% 404 Luxembourg 25 0,002% 1 Hungary 338 978 25,7% 7 716 Malta 2 638 0,2% 60 Netherlands 9 290 0,7% 211 Austria 1 810 0,1% 41 Poland 68 705 5,2% 1 564 Portugal 4 460 0,3% 102 Romania 37 404 2,8% 851 Slovenia 8 665 0,7% 197 Slovakia 3 936 0,3% 90 Finland 7 448 0,6% 170 Sweden 2 360 0,2% 54 Total 1 318 040 100,0%(2) 30 000(3)

(1) Data on irregular crossings of the external border (IBC) provided by Frontex covers also arrivals following search and rescue operations.

(2) The total slightly deviates from the sum of the individual figures due to rounding.

(3) The total slightly deviates from the sum of the individual figures due to rounding.

ELI: http://data.europa.eu/eli/dec_impl/2024/2150/oj 3/4EN OJ L, 9.8.2024 ANNEX II Maximum number of applications a Member State is required to examine in the border procedure per year(1) Member State 12 June 2026– 12 June 2027 13 June 2027– 14 October 2027 Belgium 212 318 Bulgaria 1 170 1 755 Czechia 48 72 Germany 748 1 122 Estonia 554 831 Ireland 928 1 392 Greece 4 376 6 564 Spain 6 602 9 903 France 1 230 1 845 Croatia 2 918 4 377 Italy 16 032 24 048 Cyprus 1 904 2 856 Latvia 360 540 Lithuania 808 1 212 Luxembourg 2 3 Hungary 15 432 23 148 Malta 120 180 Netherlands 422 633 Austria 82 123 Poland 3 128 4 692 Portugal 204 306 Romania 1 702 2 553 Slovenia 394 591 Slovakia 180 270 Finland 340 510 Sweden 108 162

(1) 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.

4/4 ELI: http://data.europa.eu/eli/dec_impl/2024/2150/oj