Chapter II, Article 4, Paragraph 5. · Regulation (EU) 2024/1359

Contents

5.The Council implementing decision shall ensure that the principles of necessity and proportionality are respected, shall state the grounds on which it is based and set the date from which the derogations laid down in Articles 10 to 13 may be applied, as well as the time period for their application, in accordance with Article 5. The Council implementing decision shall:

(a)where appropriate, identify the specific derogations referred to in Articles 10 to 13 that the Member State concerned is authorised to apply;

(b)where appropriate, establish a Solidarity Response Plan that includes:

(i)the total amount of relocation contributions needed to address the situation of crisis giving full consideration to the assessment of the Commission;

(ii)the other relevant solidarity measures referred to in Articles 8(1), points (b) and (c), and the level of such measures needed to address the situation of crisis;

(iii)the total amount of solidarity measures to be taken from the Annual Solidarity Pool;

(iv)the additional pledges needed to cover the needs to address the situation of crisis, if the existing pledges in the annual Solidarity Pool are not sufficient;

(v)the specific contribution by each Member State pledged under the mandatory fair share calculated in accordance with the reference key set out in Article 66 of Regulation (EU) 2024/1351;

(c)where the Member State concerned is facing a situation of crisis as referred to in Article 1(4), point (b), identify the third-country nationals or stateless persons subject to that situation.

The Council shall transmit the implementing decision immediately to the European Parliament and the Commission.