(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 (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 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 (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,